[Congressional Record Volume 153, Number 48 (Tuesday, March 20, 2007)]
[Senate]
[Pages S3400-S3452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                IMPROVING AMERICA'S SECURITY ACT OF 2007

  On Tuesday, March 13, 2007, the Senate passed S. 4, as amended, as 
follows:

                                  S. 4

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. DEFINITIONS.

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

     SEC. 3. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Table of contents.

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

     Subtitle A--Homeland Security Information Sharing Enhancement

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

     Subtitle B--Homeland Security Information Sharing Partnerships

Sec. 121. State, Local, and Regional Fusion Center Initiative.
Sec. 122. Homeland Security Information Sharing Fellows Program.
Sec. 123. Rural Policing Institute.

    Subtitle C--Interagency Threat Assessment and Coordination Group

Sec. 131. Interagency Threat Assessment and Coordination Group.

                   TITLE II--HOMELAND SECURITY GRANTS

Sec. 201. Short title.
Sec. 202. Homeland Security Grant Program.
Sec. 203. Equipment technical assistance training.
Sec. 204. Technical and conforming amendments.

       TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

Sec. 301. Dedicated funding to achieve emergency communications 
              operability and interoperable communications.
Sec. 302. Border Interoperability Demonstration Project.

       TITLE IV--EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM

Sec. 401. Emergency Management Performance Grants Program.

          TITLE V--ENHANCING SECURITY OF INTERNATIONAL TRAVEL

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

             TITLE VI--PRIVACY AND CIVIL LIBERTIES MATTERS

Sec. 601. Modification of authorities relating to Privacy and Civil 
              Liberties Oversight Board.
Sec. 602. Privacy and civil liberties officers.
Sec. 603. Department Privacy Officer.
Sec. 604. Federal Agency Data Mining Reporting Act of 2007.

    TITLE VII--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

Sec. 701. National Biosurveillance Integration Center.
Sec. 702. Biosurveillance efforts.
Sec. 703. Interagency coordination to enhance defenses against nuclear 
              and radiological weapons of mass destruction.

                TITLE VIII--PRIVATE SECTOR PREPAREDNESS

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

   TITLE IX--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

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

                    TITLE X--INCIDENT COMMAND SYSTEM

Sec. 1001. Preidentifying and evaluating multijurisdictional facilities 
              to strengthen incident command; private sector 
              preparedness.
Sec. 1002. Credentialing and typing to strengthen incident command.

              TITLE XI--CRITICAL INFRASTRUCTURE PROTECTION

Sec. 1101. Critical infrastructure protection.

[[Page S3401]]

Sec. 1102. Risk assessment and report.
Sec. 1103. Use of existing capabilities.
Sec. 1104. Priorities and allocations.

           TITLE XII--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

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

  TITLE XIII--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

Sec. 1301. Promoting antiterrorism capabilities through international 
              cooperation.
Sec. 1302. Transparency of funds.

 TITLE XIV--TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES

Sec. 1401. Short title.

          Subtitle A--Surface Transportation and Rail Security

Sec. 1411. Definition.

                     PART I--Improved Rail Security

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

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

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

               Subtitle B--Aviation Security Improvement

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

           Subtitle C--Interoperable Emergency Communications

Sec. 1481. Interoperable emergency communications.
Sec. 1482. Rule of construction.
Sec. 1483. Cross border interoperability reports.
Sec. 1484. Extension of short quorum.
Sec. 1485. Requiring reports to be submitted to certain committees.

          TITLE XV--PUBLIC TRANSPORTATION TERRORISM PREVENTION

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

                  TITLE XVI--MISCELLANEOUS PROVISIONS

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

                     TITLE XVII--911 MODERNIZATION

Sec. 1701. Short title.
Sec. 1702. Funding for program.
Sec. 1703. NTIA coordination of E-911 implementation.

     TITLE XVIII--MODERNIZATION OF THE AMERICAN NATIONAL RED CROSS

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

              TITLE XIX--ADVANCEMENT OF DEMOCRATIC VALUES

Sec. 1901. Short title.
Sec. 1902. Findings.
Sec. 1903. Statement of policy.
Sec. 1904. Definitions.

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

Sec. 1911. Democracy Liaison Officers.
Sec. 1912. Democracy Fellowship Program.
Sec. 1913. Transparency of United States broadcasting to assist in 
              oversight and ensure promotion of human rights and 
              democracy in international broadcasts.

      Subtitle B--Annual Report on Advancing Freedom and Democracy

Sec. 1921. Annual report.
Sec. 1922. Sense of Congress on translation of human rights reports.

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

Sec. 1931. Advisory Committee on Democracy Promotion.
Sec. 1932. Sense of Congress on the Internet website of the Department 
              of State.

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

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

            Subtitle E--Alliances With Democratic Countries

Sec. 1951. Alliances with democratic countries.

             Subtitle F--Funding for Promotion of Democracy

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

[[Page S3402]]

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

     Subtitle A--Homeland Security Information Sharing Enhancement

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

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

     ``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

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

     ``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.

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

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

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

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

     SEC. 112. INFORMATION SHARING.

       Section 1016 of the Intelligence Reform and Terrorist 
     Prevention Act of 2004 (6 U.S.C. 485) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (1) through (4) as 
     paragraphs (2) through (5), respectively;
       (B) by inserting before paragraph (2), as so redesignated, 
     the following:
       ``(1) Homeland security information.--The term `homeland 
     security information' has the meaning given that term in 
     section 892 of the Homeland Security Act of 2002 (6 U.S.C. 
     482).'';
       (C) in paragraph (5), as so redesignated--
       (i) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively, and adjusting the 
     margin accordingly;
       (ii) by striking `` `terrorism information' means'' and 
     inserting the following: `` `terrorism information'--
       ``(A) means'';
       (iii) in subparagraph (A)(iv), as so redesignated, by 
     striking the period at the end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(B) includes homeland security information and weapons of 
     mass destruction information.''; and
       (D) by adding at the end the following:
       ``(6) Weapons of mass destruction information.--The term 
     `weapons of mass destruction information' means information 
     that could reasonably be expected to assist in the 
     development, proliferation, or use of a weapon of mass 
     destruction (including chemical, biological, radiological, 
     and nuclear weapons) that could be used by a terrorist or a

[[Page S3403]]

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

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

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

     SEC. 114. INFORMATION SHARING INCENTIVES.

       (a) Awards.--In making cash awards under chapter 45 of 
     title 5, United States Code, the President or the head of an 
     agency, in consultation with the program manager designated 
     under section 1016 of the Intelligence Reform and Terrorist 
     Prevention Act of 2004 (6 U.S.C. 485), may consider the 
     success of an employee in sharing information within the 
     scope of the information sharing environment established 
     under that section in a manner consistent with any policies, 
     guidelines, procedures, instructions, or standards 
     established by the President or, as appropriate, the program 
     manager of that environment for the implementation and 
     management of that environment.
       (b) Other Incentives.--The head of each department or 
     agency described in section 1016(i) of the Intelligence 
     Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 
     485(i)),

[[Page S3404]]

     in consultation with the program manager designated under 
     section 1016 of the Intelligence Reform and Terrorist 
     Prevention Act of 2004 (6 U.S.C. 485), shall adopt best 
     practices regarding effective ways to educate and motivate 
     officers and employees of the Federal Government to engage in 
     the information sharing environment, including--
       (1) promotions and other nonmonetary awards; and
       (2) publicizing information sharing accomplishments by 
     individual employees and, where appropriate, the tangible end 
     benefits that resulted.

     Subtitle B--Homeland Security Information Sharing Partnerships

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

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

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

       ``(a) Definitions.--In this section--
       ``(1) the term `Chief Intelligence Officer' means the Chief 
     Intelligence Officer of the Department;
       ``(2) the term `fusion center' means a collaborative effort 
     of 2 or more Federal, State, local, or tribal government 
     agencies that combines resources, expertise, or information 
     with the goal of maximizing the ability of such agencies to 
     detect, prevent, investigate, apprehend, and respond to 
     criminal or terrorist activity;
       ``(3) the term `information sharing environment' means the 
     information sharing environment established under section 
     1016 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (6 U.S.C. 485);
       ``(4) the term `intelligence analyst' means an individual 
     who regularly advises, administers, supervises, or performs 
     work in the collection, analysis, evaluation, reporting, 
     production, or dissemination of information on political, 
     economic, social, cultural, physical, geographical, 
     scientific, or military conditions, trends, or forces in 
     foreign or domestic areas that directly or indirectly affect 
     national security;
       ``(5) the term `intelligence-led policing' means the 
     collection and analysis of information to produce an 
     intelligence end product designed to inform law enforcement 
     decision making at the tactical and strategic levels; and
       ``(6) the term `terrorism information' has the meaning 
     given that term in section 1016 of the Intelligence Reform 
     and Terrorist Prevention Act of 2004 (6 U.S.C. 485).
       ``(b) Establishment.--The Secretary, in consultation with 
     the program manager of the information sharing environment 
     established under section 1016 of the Intelligence Reform and 
     Terrorist Prevention Act of 2004 (6 U.S.C. 485), the Attorney 
     General, the Privacy Officer of the Department, the Officer 
     for Civil Rights and Civil Liberties of the Department, and 
     the Privacy and Civil Liberties Oversight Board established 
     under section 1061 of the Intelligence Reform and Terrorist 
     Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a 
     State, Local, and Regional Fusion Center Initiative to 
     establish partnerships with State, local, and regional fusion 
     centers.
       ``(c) Department Support and Coordination.--Through the 
     State, Local, and Regional Fusion Center Initiative, the 
     Secretary shall--
       ``(1) coordinate with the principal officer of each State, 
     local, or regional fusion center and the officer designated 
     as the Homeland Security Advisor of the State;
       ``(2) provide operational and intelligence advice and 
     assistance to State, local, and regional fusion centers;
       ``(3) support efforts to include State, local, and regional 
     fusion centers into efforts to establish an information 
     sharing environment;
       ``(4) conduct exercises, including live training exercises, 
     to regularly assess the capability of individual and regional 
     networks of State, local, and regional fusion centers to 
     integrate the efforts of such networks with the efforts of 
     the Department;
       ``(5) coordinate with other relevant Federal entities 
     engaged in homeland security-related activities;
       ``(6) provide analytic and reporting advice and assistance 
     to State, local, and regional fusion centers;
       ``(7) review homeland security information gathered by 
     State, local, and regional fusion centers and incorporate 
     relevant information with homeland security information of 
     the Department;
       ``(8) provide management assistance to State, local, and 
     regional fusion centers;
       ``(9) serve as a point of contact to ensure the 
     dissemination of relevant homeland security information;
       ``(10) facilitate close communication and coordination 
     between State, local, and regional fusion centers and the 
     Department;
       ``(11) provide State, local, and regional fusion centers 
     with expertise on Department resources and operations;
       ``(12) provide training to State, local, and regional 
     fusion centers and encourage such fusion centers to 
     participate in terrorist threat-related exercises conducted 
     by the Department; and
       ``(13) carry out such other duties as the Secretary 
     determines are appropriate.
       ``(d) Personnel Assignment.--
       ``(1) In general.--The Chief Intelligence Officer may, to 
     the maximum extent practicable, assign officers and 
     intelligence analysts from components of the Department to 
     State, local, and regional fusion centers.
       ``(2) Personnel sources.--Officers and intelligence 
     analysts assigned to fusion centers under this subsection may 
     be assigned from the following Department components, in 
     consultation with the respective component head:
       ``(A) Office of Intelligence and Analysis, or its 
     successor.
       ``(B) Office of Infrastructure Protection.
       ``(C) Transportation Security Administration.
       ``(D) United States Customs and Border Protection.
       ``(E) United States Immigration and Customs Enforcement.
       ``(F) United States Coast Guard.
       ``(G) Other intelligence components of the Department, as 
     determined by the Secretary.
       ``(3) Participation.--
       ``(A) In general.--The Secretary may develop qualifying 
     criteria for a fusion center to participate in the assigning 
     of Department officers or intelligence analysts under this 
     section.
       ``(B) Criteria.--Any criteria developed under subparagraph 
     (A) may include--
       ``(i) whether the fusion center, through its mission and 
     governance structure, focuses on a broad counterterrorism 
     approach, and whether that broad approach is pervasive 
     through all levels of the organization;
       ``(ii) whether the fusion center has sufficient numbers of 
     adequately trained personnel to support a broad 
     counterterrorism mission;
       ``(iii) whether the fusion center has--

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

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

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

       ``(ii) appropriate privacy and civil liberties training 
     that is developed, supported, or sponsored by the Privacy 
     Officer appointed under section 222 and the Officer for Civil 
     Rights and Civil Liberties of the Department, in partnership 
     with the Privacy and Civil Liberties Oversight Board 
     established under section 1061 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (5 U.S.C. 601 note); and
       ``(iii) such other training prescribed by the Chief 
     Intelligence Officer.
       ``(B) Prior work experience in area.--In determining the 
     eligibility of an officer or intelligence analyst to be 
     assigned to a fusion center under this section, the Chief 
     Intelligence Officer shall consider the familiarity of the 
     officer or intelligence analyst with the State, locality, or 
     region, as determined by such factors as whether the officer 
     or intelligence analyst--
       ``(i) has been previously assigned in the geographic area; 
     or
       ``(ii) has previously worked with intelligence officials or 
     emergency response providers from that State, locality, or 
     region.
       ``(5) Expedited security clearance processing.--The Chief 
     Intelligence Officer--
       ``(A) shall ensure that each officer or intelligence 
     analyst assigned to a fusion center under this section has 
     the appropriate clearance to contribute effectively to the 
     mission of the fusion center; and
       ``(B) may request that security clearance processing be 
     expedited for each such officer or intelligence analyst.
       ``(6) Further qualifications.--Each officer or intelligence 
     analyst assigned to a fusion center under this section shall 
     satisfy any other qualifications the Chief Intelligence 
     Officer may prescribe.
       ``(e) Responsibilities.--An officer or intelligence analyst 
     assigned to a fusion center under this section shall--
       ``(1) assist law enforcement agencies and other emergency 
     response providers of State, local, and tribal governments 
     and fusion center personnel in using Federal homeland 
     security information to develop a comprehensive and accurate 
     threat picture;
       ``(2) review homeland security-relevant information from 
     law enforcement agencies and other emergency response 
     providers of State, local, and tribal government;
       ``(3) create intelligence and other information products 
     derived from such information and other homeland security-
     relevant information provided by the Department;
       ``(4) assist in the dissemination of such products, under 
     the coordination of the Chief Intelligence Officer, to law 
     enforcement agencies and other emergency response providers 
     of State, local, and tribal government; and

[[Page S3405]]

       ``(5) assist in the dissemination of such products to the 
     Chief Intelligence Officer for collection and dissemination 
     to other fusion centers.
       ``(f) Database Access.--In order to fulfill the objectives 
     described under subsection (e), each officer or intelligence 
     analyst assigned to a fusion center under this section shall 
     have direct access to all relevant Federal databases and 
     information systems, consistent with any policies, 
     guidelines, procedures, instructions, or standards 
     established by the President or, as appropriate, the program 
     manager of the information sharing environment for the 
     implementation and management of that environment.
       ``(g) Consumer Feedback.--
       ``(1) In general.--The Secretary shall create a mechanism 
     for any State, local, or tribal emergency response provider 
     who is a consumer of the intelligence or other information 
     products described under subsection (e) to voluntarily 
     provide feedback to the Department on the quality and utility 
     of such intelligence products.
       ``(2) Results.--The results of the voluntary feedback under 
     paragraph (1) shall be provided electronically to Congress 
     and appropriate personnel of the Department.
       ``(h) Rule of Construction.--
       ``(1) In general.--The authorities granted under this 
     section shall supplement the authorities granted under 
     section 201(d) and nothing in this section shall be construed 
     to abrogate the authorities granted under section 201(d).
       ``(2) Participation.--Nothing in this section shall be 
     construed to require a State, local, or regional government 
     or entity to accept the assignment of officers or 
     intelligence analysts of the Department into the fusion 
     center of that State, locality, or region.
       ``(i) Guidelines.--The Secretary, in consultation with the 
     Attorney General of the United States, shall establish 
     guidelines for fusion centers operated by State and local 
     governments, to include standards that any such fusion center 
     shall--
       ``(1) collaboratively develop a mission statement, identify 
     expectations and goals, measure performance, and determine 
     effectiveness for that fusion center;
       ``(2) create a representative governance structure that 
     includes emergency response providers and, as appropriate, 
     the private sector;
       ``(3) create a collaborative environment for the sharing of 
     information and intelligence among Federal, State, tribal, 
     and local government agencies (including emergency response 
     providers), the private sector, and the public, consistent 
     with any policies, guidelines, procedures, instructions, or 
     standards established by the President or, as appropriate, 
     the program manager of the information sharing environment;
       ``(4) leverage the databases, systems, and networks 
     available from public and private sector entities to maximize 
     information sharing;
       ``(5) develop, publish, and adhere to a privacy and civil 
     liberties policy consistent with Federal, State, and local 
     law;
       ``(6) ensure appropriate security measures are in place for 
     the facility, data, and personnel;
       ``(7) select and train personnel based on the needs, 
     mission, goals, and functions of that fusion center;
       ``(8) offer a variety of intelligence services and products 
     to recipients of fusion center intelligence and information; 
     and
       ``(9) incorporate emergency response providers, and, as 
     appropriate, the private sector, into all relevant phases of 
     the intelligence and fusion process through full time 
     representatives or liaison officers.
       ``(j) Authorization of Appropriations.--Except for 
     subsection (i), there are authorized to be appropriated 
     $10,000,000 for each of fiscal years 2008 through 2012, to 
     carry out this section, including for hiring officers and 
     intelligence analysts to replace officers and intelligence 
     analysts who are assigned to fusion centers under this 
     section.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 205, as added by this Act, the following:

``Sec. 206. State, Local, and Regional Information Fusion Center 
              Initiative.''.

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

     SEC. 122. HOMELAND SECURITY INFORMATION SHARING FELLOWS 
                   PROGRAM.

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

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

       ``(a) Establishment.--
       ``(1) In general.--The Secretary, acting through the Chief 
     Intelligence Officer, and in consultation with the Chief 
     Human Capital Officer, shall establish a fellowship program 
     in accordance with this section for the purpose of--
       ``(A) detailing State, local, and tribal law enforcement 
     officers and intelligence analysts to the Department in 
     accordance with subchapter VI of chapter 33 of title 5, 
     United States Code, to participate in the work of the Office 
     of Intelligence and Analysis in order to become familiar 
     with--
       ``(i) the relevant missions and capabilities of the 
     Department and other Federal agencies; and
       ``(ii) the role, programs, products, and personnel of the 
     Office of Intelligence and Analysis; and
       ``(B) promoting information sharing between the Department 
     and State, local, and tribal law enforcement officers and 
     intelligence analysts by assigning such officers and analysts 
     to--
       ``(i) serve as a point of contact in the Department to 
     assist in the representation of State, local, and tribal 
     homeland security information needs;
       ``(ii) identify homeland security information of interest 
     to State, local, and tribal law enforcement officers, 
     emergency response providers, and intelligence analysts; and
       ``(iii) assist Department analysts in preparing and 
     disseminating terrorism-related products that are tailored to 
     State, local, and tribal emergency response providers, law 
     enforcement officers, and intelligence analysts and designed 
     to prepare for and thwart terrorist attacks.
       ``(2) Program name.--The program under this section shall 
     be known as the `Homeland Security Information Sharing 
     Fellows Program'.
       ``(b) Eligibility.--
       ``(1) In general.--In order to be eligible for selection as 
     an Information Sharing Fellow under the program under this 
     section, an individual shall--
       ``(A) have homeland security-related responsibilities;
       ``(B) be eligible for an appropriate national security 
     clearance;
       ``(C) possess a valid need for access to classified 
     information, as determined by the Chief Intelligence Officer;
       ``(D) be an employee of an eligible entity; and
       ``(E) have undergone appropriate privacy and civil 
     liberties training that is developed, supported, or sponsored 
     by the Privacy Officer and the Officer for Civil Rights and 
     Civil Liberties, in partnership with the Privacy and Civil 
     Liberties Oversight Board established under section 1061 of 
     the Intelligence Reform and Terrorist Prevention Act of 2004 
     (5 U.S.C. 601 note).
       ``(2) Eligible entities.--In this subsection, the term 
     `eligible entity' means--
       ``(A) a State, local, or regional fusion center;
       ``(B) a State or local law enforcement or other government 
     entity that serves a major metropolitan area, suburban area, 
     or rural area, as determined by the Secretary;
       ``(C) a State or local law enforcement or other government 
     entity with port, border, or agricultural responsibilities, 
     as determined by the Secretary;
       ``(D) a tribal law enforcement or other authority; or
       ``(E) such other entity as the Secretary determines is 
     appropriate.
       ``(c) Optional Participation.--No State, local, or tribal 
     law enforcement or other government entity shall be required 
     to participate in the Homeland Security Information Sharing 
     Fellows Program.
       ``(d) Procedures for Nomination and Selection.--
       ``(1) In general.--The Chief Intelligence Officer shall 
     establish procedures to provide for the nomination and 
     selection of individuals to participate in the Homeland 
     Security Information Sharing Fellows Program.
       ``(2) Limitations.--The Chief Intelligence Officer shall--
       ``(A) select law enforcement officers and intelligence 
     analysts representing a broad

[[Page S3406]]

     cross-section of State, local, and tribal agencies; and
       ``(B) ensure that the number of Information Sharing Fellows 
     selected does not impede the activities of the Office of 
     Intelligence and Analysis.
       ``(e) Definitions.--In this section--
       ``(1) the term `Chief Intelligence Officer' means the Chief 
     Intelligence Officer of the Department; and
       ``(2) the term `Office of Intelligence and Analysis' means 
     the office of the Chief Intelligence Officer.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 206, as added by this Act, the following:

``Sec. 207. Homeland Security Information Sharing Fellows Program.''.

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

     SEC. 123. RURAL POLICING INSTITUTE.

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

    Subtitle C--Interagency Threat Assessment and Coordination Group

     SEC. 131. INTERAGENCY THREAT ASSESSMENT AND COORDINATION 
                   GROUP.

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

                   TITLE II--HOMELAND SECURITY GRANTS

     SEC. 201. SHORT TITLE.

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

     SEC. 202. HOMELAND SECURITY GRANT PROGRAM.

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

                  ``TITLE XX--HOMELAND SECURITY GRANTS

     ``SEC. 2001. DEFINITIONS.

       ``In this title, the following definitions shall apply:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Emergency Management Agency.
       ``(2) Combined statistical area.--The term `combined 
     statistical area' means a combined statistical area, as 
     defined by the Office of Management and Budget.
       ``(3) Directly eligible tribe.--The term `directly eligible 
     tribe' means--
       ``(A) any Indian tribe that--
       ``(i) is located in the continental United States;
       ``(ii) operates a law enforcement or emergency response 
     agency with the capacity to respond to calls for law 
     enforcement or emergency services;
       ``(iii) is located--

       ``(I) on, or within 50 miles of, an international border or 
     a coastline bordering an ocean or international waters;
       ``(II) within 10 miles of critical infrastructure or has 
     critical infrastructure within its territory; or
       ``(III) within or contiguous to 1 of the 50 largest 
     metropolitan statistical areas in the United States; and

       ``(iv) certifies to the Secretary that a State is not 
     making funds distributed under this title available to the 
     Indian tribe or consortium of Indian tribes for the purpose 
     for which the Indian tribe or consortium of Indian tribes is 
     seeking grant funds; and
       ``(B) a consortium of Indian tribes, if each tribe 
     satisfies the requirements of subparagraph (A).
       ``(4) Eligible metropolitan area.--The term `eligible 
     metropolitan area' means the following:
       ``(A) In general.--A combination of 2 or more incorporated 
     municipalities, counties, parishes, or Indian tribes that--
       ``(i) is within--

       ``(I) any of the 100 largest metropolitan statistical areas 
     in the United States; or
       ``(II) any combined statistical area, of which any 
     metropolitan statistical area described in subparagraph (A) 
     is a part; and

       ``(ii) includes the city with the largest population in 
     that metropolitan statistical area.
       ``(B) Other combinations.--Any other combination of 
     contiguous local or tribal governments that are formally 
     certified by the Administrator as an eligible metropolitan 
     area for purposes of this title with the consent of the State 
     or States in which such local or tribal governments are 
     located.
       ``(C) Inclusion of additional local governments.--An 
     eligible metropolitan area may include additional local or 
     tribal governments outside the relevant metropolitan 
     statistical area or combined statistical area that are likely 
     to be affected by, or be called upon to respond to, a 
     terrorist attack within the metropolitan statistical area.
       ``(5) Indian tribe.--The term `Indian tribe' has the 
     meaning given that term in section 4(e) of the Indian Self-
     Determination Act (25 U.S.C. 450b(e)).

[[Page S3407]]

       ``(6) Metropolitan statistical area.--The term 
     `metropolitan statistical area' means a metropolitan 
     statistical area, as defined by the Office of Management and 
     Budget.
       ``(7) National special security event.--The term `National 
     Special Security Event' means a designated event that, by 
     virtue of its political, economic, social, or religious 
     significance, may be the target of terrorism or other 
     criminal activity.
       ``(8) Population.--The term `population' means population 
     according to the most recent United States census population 
     estimates available at the start of the relevant fiscal year.
       ``(9) Population density.--The term `population density' 
     means population divided by land area in square miles.
       ``(10) Target capabilities.--The term `target capabilities' 
     means the target capabilities for Federal, State, local, and 
     tribal government preparedness for which guidelines are 
     required to be established under section 646(a) of the Post-
     Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
     746(a)).
       ``(11) Tribal government.--The term `tribal government' 
     means the government of an Indian tribe.

     ``SEC. 2002. HOMELAND SECURITY GRANT PROGRAM.

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

       ``(I) developing intermediate indicators for the 2 fiscal 
     years following the date of such determination; and
       ``(II) conducting additional simulations and exercises; and

       ``(ii) revising an entity's homeland security plan, if 
     necessary, to achieve the minimum performance requirements 
     under subparagraph (A).
       ``(2) Waiver.--At the discretion of the Administrator, the 
     occurrence of an actual emergency, major disaster, or 
     catastrophic incident in an area may be deemed as a 
     simulation under paragraph (1)(B).
       ``(3) Report to congress.--Not later than the end of the 
     first full fiscal year after the date of enactment of the 
     Improving America's Security Act of 2007, and each fiscal 
     year thereafter, the Administrator shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and to the Committee on Homeland Security of the 
     House of Representatives a report describing--
       ``(A) the performance of grantees under paragraph (1)(A);
       ``(B) lessons learned through the simulations and exercises 
     under paragraph (1)(B); and
       ``(C) efforts being made to remedy failed performance under 
     paragraph (1)(C).

     ``SEC. 2003. URBAN AREA SECURITY INITIATIVE.

       ``(a) Establishment.--There is established an Urban Area 
     Security Initiative to provide grants to assist high-risk 
     metropolitan areas in preventing, preparing for, protecting 
     against, responding to, and recovering from acts of 
     terrorism.
       ``(b) Application.--
       ``(1) In general.--An eligible metropolitan area may apply 
     for grants under this section.
       ``(2) Annual applications.--Applicants for grants under 
     this section shall apply or reapply on an annual basis for 
     grants distributed under the program.
       ``(3) Information.--In an application for a grant under 
     this section, an eligible metropolitan area shall submit--
       ``(A) a plan describing the proposed division of 
     responsibilities and distribution of funding among the local 
     and tribal governments in the eligible metropolitan area;
       ``(B) the name of an individual to serve as a metropolitan 
     area liaison with the Department and among the various 
     jurisdictions in the metropolitan area; and
       ``(C) such information in support of the application as the 
     Administrator may reasonably require.
       ``(c) State Review and Transmission.--
       ``(1) In general.--To ensure consistency with State 
     homeland security plans, an eligible metropolitan area 
     applying for a grant under this section shall submit its 
     application to each State within which any part of the 
     eligible metropolitan area is located for review before 
     submission of such application to the Department.
       ``(2) Deadline.--Not later than 30 days after receiving an 
     application from an eligible metropolitan area under 
     paragraph (1), each such State shall transmit the application 
     to the Department.
       ``(3) State disagreement.--If the Governor of any such 
     State determines that an application of an eligible 
     metropolitan area is inconsistent with the State homeland 
     security plan of that State, or otherwise does not support 
     the application, the Governor shall--
       ``(A) notify the Administrator, in writing, of that fact; 
     and
       ``(B) provide an explanation of the reason for not 
     supporting the application at the time of transmission of the 
     application.
       ``(d) Prioritization.--In allocating funds among 
     metropolitan areas applying for grants under this section, 
     the Administrator shall consider--
       ``(1) the relative threat, vulnerability, and consequences 
     faced by the eligible metropolitan area from a terrorist 
     attack, including consideration of--
       ``(A) the population of the eligible metropolitan area, 
     including appropriate consideration of military, tourist, and 
     commuter populations;
       ``(B) the population density of the eligible metropolitan 
     area;
       ``(C) the history of threats faced by the eligible 
     metropolitan area, including--
       ``(i) whether there has been a prior terrorist attack in 
     the eligible metropolitan area; and
       ``(ii) whether any part of the eligible metropolitan area, 
     or any critical infrastructure or key resource within the 
     eligible metropolitan area, has ever experienced a higher 
     threat level under the Homeland Security Advisory System than 
     other parts of the United States;
       ``(D) the degree of threat, vulnerability, and consequences 
     to the eligible metropolitan area related to critical 
     infrastructure or key resources identified by the Secretary 
     or the State homeland security plan, including threats, 
     vulnerabilities, and consequences from critical 
     infrastructure in nearby jurisdictions;
       ``(E) whether the eligible metropolitan area is located at 
     or near an international border;
       ``(F) whether the eligible metropolitan area has a 
     coastline bordering ocean or international waters;
       ``(G) threats, vulnerabilities, and consequences faced by 
     the eligible metropolitan area related to at-risk sites or 
     activities in nearby jurisdictions, including the need to 
     respond to terrorist attacks arising in those jurisdictions;
       ``(H) the most current threat assessments available to the 
     Department;
       ``(I) the extent to which the eligible metropolitan area 
     has unmet target capabilities;
       ``(J) the extent to which the eligible metropolitan area 
     includes--
       ``(i) all incorporated municipalities, counties, parishes, 
     and Indian tribes within the relevant metropolitan 
     statistical area or combined statistical area the inclusion 
     of which will enhance regional efforts to prevent, prepare 
     for, protect against, respond to, and recover from acts of 
     terrorism; and
       ``(ii) other local governments and tribes that are likely 
     to be called upon to respond to a terrorist attack within the 
     eligible metropolitan area; and
       ``(K) such other factors as are specified in writing by the 
     Administrator; and

[[Page S3408]]

       ``(2) the anticipated effectiveness of the proposed 
     spending plan for the eligible metropolitan area in 
     increasing the ability of that eligible metropolitan area to 
     prevent, prepare for, protect against, respond to, and 
     recover from terrorism, to meet its target capabilities, and 
     to otherwise reduce the overall risk to the metropolitan 
     area, the State, and the Nation.
       ``(e) Opportunity to Amend.--In considering applications 
     for grants under this section, the Administrator shall 
     provide applicants with a reasonable opportunity to correct 
     defects in the application, if any, before making final 
     awards.
       ``(f) Allowable Uses.--Grants awarded under this section 
     may be used to achieve target capabilities, consistent with a 
     State homeland security plan and relevant local and regional 
     homeland security plans, through--
       ``(1) developing and enhancing State, local, or regional 
     plans, risk assessments, or mutual aid agreements;
       ``(2) purchasing, upgrading, storing, or maintaining 
     equipment;
       ``(3) designing, conducting, and evaluating training and 
     exercises, including exercises of mass evacuation plans under 
     section 512 and including the payment of overtime and 
     backfill costs in support of such activities;
       ``(4) responding to an increase in the threat level under 
     the Homeland Security Advisory System, or to the needs 
     resulting from a National Special Security Event, including 
     payment of overtime and backfill costs;
       ``(5) establishing, enhancing, and staffing with 
     appropriately qualified personnel State and local fusion 
     centers that comply with the guidelines established under 
     section 206(i);
       ``(6) protecting critical infrastructure and key resources 
     identified in the Critical Infrastructure List established 
     under section 1101 of the Improving America's Security Act of 
     2007, including the payment of appropriate personnel costs;
       ``(7) any activity permitted under the Fiscal Year 2007 
     Program Guidance of the Department for the Urban Area 
     Security Initiative or the Law Enforcement Terrorism 
     Prevention Grant Program, including activities permitted 
     under the full-time counterterrorism staffing pilot; and
       ``(8) any other activity relating to achieving target 
     capabilities approved by the Administrator.
       ``(g) Distribution of Awards to Metropolitan Areas.--
       ``(1) In general.--If the Administrator approves the 
     application of an eligible metropolitan area for a grant 
     under this section, the Administrator shall distribute the 
     grant funds to the State or States in which the eligible 
     metropolitan area is located.
       ``(2) State distribution of funds.--
       ``(A) In general.--Each State shall provide the eligible 
     metropolitan area not less than 80 percent of the grant 
     funds. Any funds retained by a State shall be expended on 
     items or services approved by the Administrator that benefit 
     the eligible metropolitan area.
       ``(B) Funds retained.--A State shall provide each relevant 
     eligible metropolitan area with an accounting of the items or 
     services on which any funds retained by the State under 
     subparagraph (A) were expended.
       ``(3) Multistate regions.--If parts of an eligible 
     metropolitan area awarded a grant are located in 2 or more 
     States, the Secretary shall distribute to each such State--
       ``(A) a portion of the grant funds in accordance with the 
     proposed distribution set forth in the application; or
       ``(B) if no agreement on distribution has been reached, a 
     portion of the grant funds in proportion to each State's 
     share of the population of the eligible metropolitan area.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section--
       ``(1) for fiscal year 2007, such sums as are necessary;
       ``(2) for each of fiscal years 2008, 2009, and 2010, 
     $1,278,639,000; and
       ``(3) for fiscal year 2011, and each fiscal year 
     thereafter, such sums as are necessary.

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

       ``(a) Establishment.--There is established a State Homeland 
     Security Grant Program to assist State, local, and tribal 
     governments in preventing, preparing for, protecting against, 
     responding to, and recovering from acts of terrorism.
       ``(b) Application.--
       ``(1) In general.--Each State may apply for a grant under 
     this section, and shall submit such information in support of 
     the application as the Administrator may reasonably require.
       ``(2) Annual applications.--Applicants for grants under 
     this section shall apply or reapply on an annual basis for 
     grants distributed under the program.
       ``(c) Prioritization.--In allocating funds among States 
     applying for grants under this section, the Administrator 
     shall consider--
       ``(1) the relative threat, vulnerability, and consequences 
     faced by a State from a terrorist attack, including 
     consideration of--
       ``(A) the size of the population of the State, including 
     appropriate consideration of military, tourist, and commuter 
     populations;
       ``(B) the population density of the State;
       ``(C) the history of threats faced by the State, 
     including--
       ``(i) whether there has been a prior terrorist attack in an 
     urban area that is wholly or partly in the State, or in the 
     State itself; and
       ``(ii) whether any part of the State, or any critical 
     infrastructure or key resource within the State, has ever 
     experienced a higher threat level under the Homeland Security 
     Advisory System than other parts of the United States;
       ``(D) the degree of threat, vulnerability, and consequences 
     related to critical infrastructure or key resources 
     identified by the Secretary or the State homeland security 
     plan;
       ``(E) whether the State has an international border;
       ``(F) whether the State has a coastline bordering ocean or 
     international waters;
       ``(G) threats, vulnerabilities, and consequences faced by a 
     State related to at-risk sites or activities in adjacent 
     States, including the State's need to respond to terrorist 
     attacks arising in adjacent States;
       ``(H) the most current threat assessments available to the 
     Department;
       ``(I) the extent to which the State has unmet target 
     capabilities; and
       ``(J) such other factors as are specified in writing by the 
     Administrator;
       ``(2) the anticipated effectiveness of the proposed 
     spending plan of the State in increasing the ability of the 
     State to--
       ``(A) prevent, prepare for, protect against, respond to, 
     and recover from terrorism;
       ``(B) meet the target capabilities of the State; and
       ``(C) otherwise reduce the overall risk to the State and 
     the Nation; and
       ``(3) the need to balance the goal of ensuring the target 
     capabilities of the highest risk areas are achieved quickly 
     and the goal of ensuring that basic levels of preparedness, 
     as measured by the attainment of target capabilities, are 
     achieved nationwide.
       ``(d) Minimum Allocation.--In allocating funds under 
     subsection (c), the Administrator shall ensure that, for each 
     fiscal year--
       ``(1) except as provided for in paragraph (2), no State 
     receives less than an amount equal to 0.45 percent of the 
     total funds appropriated for the State Homeland Security 
     Grant Program; and
       ``(2) American Samoa, the Commonwealth of the Northern 
     Mariana Islands, Guam, and the Virgin Islands each receive 
     not less than 0.08 percent of the amounts appropriated for 
     the State Homeland Security Grant Program.
       ``(e) Multistate Partnerships.--
       ``(1) In general.--Instead of, or in addition to, any 
     application for funds under subsection (b), 2 or more States 
     may submit an application under this paragraph for multistate 
     efforts to prevent, prepare for, protect against, respond to, 
     or recover from acts of terrorism.
       ``(2) Grantees.--Multistate grants may be awarded to 
     either--
       ``(A) an individual State acting on behalf of a consortium 
     or partnership of States with the consent of all member 
     States; or
       ``(B) a group of States applying as a consortium or 
     partnership.
       ``(3) Administration of grant.--If a group of States apply 
     as a consortium or partnership such States shall submit to 
     the Secretary at the time of application a plan describing--
       ``(A) the division of responsibilities for administering 
     the grant; and
       ``(B) the distribution of funding among the various States 
     and entities that are party to the application.
       ``(f) Funding for Local and Tribal Governments.--
       ``(1) In general.--The Administrator shall require that, 
     not later than 60 days after receiving grant funding, any 
     State receiving a grant under this section shall make 
     available to local and tribal governments and emergency 
     response providers, consistent with the applicable State 
     homeland security plan--
       ``(A) not less than 80 percent of the grant funds;
       ``(B) with the consent of local and tribal governments, the 
     resources purchased with such grant funds having a value 
     equal to not less than 80 percent of the amount of the grant; 
     or
       ``(C) grant funds combined with resources purchased with 
     the grant funds having a value equal to not less than 80 
     percent of the amount of the grant.
       ``(2) Extension of period.--The Governor of a State may 
     request in writing that the Administrator extend the period 
     under paragraph (1) for an additional period of time. The 
     Administrator may approve such a request, and may extend such 
     period for an additional period, if the Administrator 
     determines that the resulting delay in providing grant 
     funding to the local and tribal governments and emergency 
     response providers is necessary to promote effective 
     investments to prevent, prepare for, protect against, respond 
     to, and recover from terrorism, or to meet the target 
     capabilities of the State.
       ``(3) Indian tribes.--States shall be responsible for 
     allocating grant funds received under this section to tribal 
     governments in order to help those tribal communities achieve 
     target capabilities. Indian tribes shall be eligible for 
     funding directly from the States, and shall not be required 
     to seek funding from any local government.
       ``(4) Exception.--Paragraph (1) shall not apply to the 
     District of Columbia, the Commonwealth of Puerto Rico, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, Guam, or the Virgin Islands.
       ``(g) Grants to Directly Eligible Tribes.--

[[Page S3409]]

       ``(1) In general.--Notwithstanding subsection (b), the 
     Secretary may award grants to directly eligible tribes under 
     this section.
       ``(2) Tribal applications.--A directly eligible tribe may 
     apply for a grant under this section by submitting an 
     application to the Administrator that includes the 
     information required for an application by a State under 
     subsection (b).
       ``(3) State review.--
       ``(A) In general.--To ensure consistency with State 
     homeland security plans, a directly eligible tribe applying 
     for a grant under this section shall submit its application 
     to each State within which any part of the tribe is located 
     for review before submission of such application to the 
     Department.
       ``(B) Deadline.--Not later than 30 days after receiving an 
     application from a directly eligible tribe under subparagraph 
     (A), each such State shall transmit the application to the 
     Department.
       ``(C) State disagreement.--If the Governor of any such 
     State determines that the application of a directly eligible 
     tribe is inconsistent with the State homeland security plan 
     of that State, or otherwise does not support the application, 
     the Governor shall--
       ``(i) notify the Administrator, in writing, of that fact; 
     and
       ``(ii) provide an explanation of the reason for not 
     supporting the application at the time of transmission of the 
     application.
       ``(4) Distribution of awards to directly eligible tribes.--
     If the Administrator awards funds to a directly eligible 
     tribe under this section, the Administrator shall distribute 
     the grant funds directly to the directly eligible tribe. The 
     funds shall not be distributed to the State or States in 
     which the directly eligible tribe is located.
       ``(5) Tribal liaison.--A directly eligible tribe applying 
     for a grant under this section shall designate a specific 
     individual to serve as the tribal liaison who shall--
       ``(A) coordinate with Federal, State, local, regional, and 
     private officials concerning terrorism preparedness;
       ``(B) develop a process for receiving input from Federal, 
     State, local, regional, and private officials to assist in 
     the development of the application of such tribe and to 
     improve the access of such tribe to grants; and
       ``(C) administer, in consultation with State, local, 
     regional, and private officials, grants awarded to such 
     tribe.
       ``(6) Tribes receiving direct grants.--A directly eligible 
     tribe that receives a grant directly under this section is 
     eligible to receive funds for other purposes under a grant 
     from the State or States within the boundaries of which any 
     part of such tribe is located, consistent with the homeland 
     security plan of the State.
       ``(7) Rule of construction.--Nothing in this section shall 
     be construed to affect the authority of an Indian tribe that 
     receives funds under this section.
       ``(h) Opportunity To Amend.--In considering applications 
     for grants under this section, the Administrator shall 
     provide applicants with a reasonable opportunity to correct 
     defects in the application, if any, before making final 
     awards.
       ``(i) Allowable Uses.--Grants awarded under this section 
     may be used to achieve target capabilities, consistent with a 
     State homeland security plan, through--
       ``(1) developing and enhancing State, local, tribal, or 
     regional plans, risk assessments, or mutual aid agreements;
       ``(2) purchasing, upgrading, storing, or maintaining 
     equipment;
       ``(3) designing, conducting, and evaluating training and 
     exercises, including exercises of mass evacuation plans under 
     section 512 and including the payment of overtime and 
     backfill costs in support of such activities;
       ``(4) responding to an increase in the threat level under 
     the Homeland Security Advisory System, including payment of 
     overtime and backfill costs;
       ``(5) establishing, enhancing, and staffing with 
     appropriately qualified personnel State and local fusion 
     centers, that comply with the guidelines established under 
     section 206(i);
       ``(6) protecting critical infrastructure and key resources 
     identified in the Critical Infrastructure List established 
     under section 1101 of the Improving America's Security Act of 
     2007, including the payment of appropriate personnel costs;
       ``(7) any activity permitted under the Fiscal Year 2007 
     Program Guidance of the Department for the State Homeland 
     Security Grant Program or the Law Enforcement Terrorism 
     Prevention Grant Program, including activities permitted 
     under the full-time counterterrorism staffing pilot; and
       ``(8) any other activity relating to achieving target 
     capabilities approved by the Administrator.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section--
       ``(1) for fiscal year 2007, such sums as are necessary;
       ``(2) for each of fiscal years 2008, 2009, and 2010, 
     $913,180,500; and
       ``(3) for fiscal year 2011, and each fiscal year 
     thereafter, such sums as are necessary.

     ``SEC. 2005. TERRORISM PREVENTION.

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

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

       ``(a) Limitations on Use.--
       ``(1) Construction.--
       ``(A) In general.--Grants awarded under this title may not 
     be used to acquire land or to construct buildings or other 
     physical facilities.
       ``(B) Exceptions.--
       ``(i) In general.--Notwithstanding subparagraph (A), 
     nothing in this paragraph shall prohibit the use of grants 
     awarded under this title to achieve target capabilities 
     through--

       ``(I) the construction of facilities described in section 
     611 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5196); or
       ``(II) the alteration or remodeling of existing buildings 
     for the purpose of making such buildings secure against 
     terrorist attacks or able to withstand or protect against 
     chemical, radiological, or biological attacks.

[[Page S3410]]

       ``(ii) Requirements for exception.--No grant awards may be 
     used for the purposes under clause (i) unless--

       ``(I) specifically approved by the Administrator;
       ``(II) the construction occurs under terms and conditions 
     consistent with the requirements under section 611(j)(9) of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5196(j)(9)); and
       ``(III) the amount allocated for purposes under clause (i) 
     does not exceed 20 percent of the grant award.

       ``(2) Personnel.--
       ``(A) In general.--For any grant awarded under section 2003 
     or 2004--
       ``(i) not more than 25 percent of the amount awarded to a 
     grant recipient may be used to pay overtime and backfill 
     costs; and
       ``(ii) not more than 25 percent of the amount awarded to 
     the grant recipient may be used to pay personnel costs not 
     described in clause (i).
       ``(B) Waiver.--At the request of the recipient of a grant 
     under section 2003 or section 2004, the Administrator may 
     grant a waiver of any limitation under subparagraph (A).
       ``(C) Exception. The limitations under subparagraph (A) 
     shall not apply to activities permitted under the full-time 
     counterterrorism staffing pilot, as described in the Fiscal 
     Year 2007 Program Guidance of the Department for the Urban 
     Area Security Initiative.
       ``(3) Recreation.--Grants awarded under this title may not 
     be used for recreational or social purposes.
       ``(b) Multiple-Purpose Funds.--Nothing in this title shall 
     be construed to prohibit State, local, or tribal governments 
     from using grant funds under sections 2003 and 2004 in a 
     manner that enhances preparedness for disasters unrelated to 
     acts of terrorism, if such use assists such governments in 
     achieving capabilities for terrorism preparedness established 
     by the Administrator.
       ``(c) Equipment Standards.--If an applicant for a grant 
     under this title proposes to upgrade or purchase, with 
     assistance provided under that grant, new equipment or 
     systems that do not meet or exceed any applicable national 
     voluntary consensus standards developed under section 647 of 
     the Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 747), the applicant shall include in its application 
     an explanation of why such equipment or systems will serve 
     the needs of the applicant better than equipment or systems 
     that meet or exceed such standards.
       ``(d) Supplement Not Supplant.--Amounts appropriated for 
     grants under this title shall be used to supplement and not 
     supplant other State, local, and tribal government public 
     funds obligated for the purposes provided under this title.

     ``SEC. 2007. ADMINISTRATION AND COORDINATION.

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

     ``SEC. 2008. ACCOUNTABILITY.

       ``(a) Reports to Congress.--
       ``(1) Funding efficacy.--The Administrator shall submit to 
     Congress, as a component of the annual Federal Preparedness 
     Report required under section 652 of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 752), an 
     evaluation of the extent to which grants Administered by the 
     Department, including the grants established by this title--
       ``(A) have contributed to the progress of State, local, and 
     tribal governments in achieving target capabilities; and
       ``(B) have led to the reduction of risk nationally and in 
     State, local, and tribal jurisdictions.
       ``(2) Risk assessment.--
       ``(A) In general.--For each fiscal year, the Administrator 
     shall provide to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a detailed 
     and comprehensive explanation of the methodology used to 
     calculate risk and compute the allocation of funds under 
     sections 2003 and 2004 of this title, including--
       ``(i) all variables included in the risk assessment and the 
     weights assigned to each;
       ``(ii) an explanation of how each such variable, as 
     weighted, correlates to risk, and the basis for concluding 
     there is such a correlation; and
       ``(iii) any change in the methodology from the previous 
     fiscal year, including changes in variables considered, 
     weighting of those variables, and computational methods.
       ``(B) Classified annex.--The information required under 
     subparagraph (A) shall be provided in unclassified form to 
     the greatest extent possible, and may include a classified 
     annex if necessary.
       ``(C) Deadline.--For each fiscal year, the information 
     required under subparagraph (A) shall be provided on the 
     earlier of--
       ``(i) October 31; or
       ``(ii) 30 days before the issuance of any program guidance 
     for grants under sections 2003 and 2004.
       ``(b) Reviews and Audits.--
       ``(1) Department review.--The Administrator shall conduct 
     periodic reviews of grants made under this title to ensure 
     that recipients allocate funds consistent with the guidelines 
     established by the Department.
       ``(2) Government accountability office.--
       ``(A) Access to information.--Each recipient of a grant 
     under this title and the Department shall provide the 
     Government Accountability Office with full access to 
     information regarding the activities carried out under this 
     title.
       ``(B) Audits and reports.--
       ``(i) Audit.--Not later than 12 months after the date of 
     enactment of the Improving America's Security Act of 2007, 
     and periodically thereafter, the Comptroller General of the 
     United States shall conduct an audit of grants made under 
     this title.
       ``(ii) Report.--The Comptroller General of the United 
     States shall submit a report to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives on--

       ``(I) the results of any audit conducted under clause (i), 
     including an analysis of the purposes for which the grant 
     funds authorized under this title are being spent; and
       ``(II) whether the grant recipients have allocated funding 
     consistent with the State homeland security plan and the 
     guidelines established by the Department.

[[Page S3411]]

       ``(3) Audit requirement.--Grant recipients that expend 
     $500,000 or more in grant funds received under this title 
     during any fiscal year shall submit to the Administrator an 
     organization-wide financial and compliance audit report in 
     conformance with the requirements of chapter 75 of title 31, 
     United States Code.
       ``(4) Recovery audits.--The Secretary shall conduct a 
     recovery audit (as that term is defined by the Director of 
     the Office of Management and Budget under section 3561 of 
     title 31, United States Code) for any grant administered by 
     the Department with a total value of $1,000,000 or greater.
       ``(c) Remedies for Noncompliance.--
       ``(1) In general.--If the Administrator finds, after 
     reasonable notice and an opportunity for a hearing, that a 
     recipient of a grant under this title has failed to 
     substantially comply with any provision of this title, or 
     with any regulations or guidelines of the Department 
     regarding eligible expenditures, the Administrator shall--
       ``(A) terminate any payment of grant funds to be made to 
     the recipient under this title;
       ``(B) reduce the amount of payment of grant funds to the 
     recipient by an amount equal to the amount of grants funds 
     that were not expended by the recipient in accordance with 
     this title; or
       ``(C) limit the use of grant funds received under this 
     title to programs, projects, or activities not affected by 
     the failure to comply.
       ``(2) Duration of penalty.--The Administrator shall apply 
     an appropriate penalty under paragraph (1) until such time as 
     the Secretary determines that the grant recipient is in full 
     compliance with this title or with applicable guidelines or 
     regulations of the Department.
       ``(3) Direct funding.--If a State fails to substantially 
     comply with any provision of this title or with applicable 
     guidelines or regulations of the Department, including 
     failing to provide local or tribal governments with grant 
     funds or resources purchased with grant funds in a timely 
     fashion, a local or tribal government entitled to receive 
     such grant funds or resources may petition the Administrator, 
     at such time and in such manner as determined by the 
     Administrator, to request that grant funds or resources be 
     provided directly to the local or tribal government.

     ``SEC. 2009. AUDITING.

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

     ``SEC. 2010. SENSE OF THE SENATE.

       ``It is the sense of the Senate that, in order to ensure 
     that the Nation is most effectively able to prevent, prepare 
     for, protect against, respond to, recovery from, and mitigate 
     against all hazards, including natural disasters, acts of 
     terrorism, and other man-made disasters--
       ``(1) the Department should administer a coherent and 
     coordinated system of both terrorism-focused and all-hazards 
     grants, the essential building blocks of which include--
       ``(A) the Urban Area Security Initiative and State Homeland 
     Security Grant Program established under this title 
     (including funds dedicated to law enforcement terrorism 
     prevention activities);
       ``(B) the Emergency Communications Operability and 
     Interoperable Communications Grants established under section 
     1809; and

[[Page S3412]]

       ``(C) the Emergency Management Performance Grants Program 
     authorized under section 662 of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 763); and
       ``(2) to ensure a continuing and appropriate balance 
     between terrorism-focused and all-hazards preparedness, the 
     amounts appropriated for grants under the Urban Area Security 
     Initiative, State Homeland Security Grant Program, and 
     Emergency Management Performance Grants Program in any fiscal 
     year should be in direct proportion to the amounts authorized 
     for those programs for fiscal year 2008 under the amendments 
     made by titles II and IV, as applicable, of the Improving 
     America's Security Act of 2007.''.

     SEC. 203. EQUIPMENT TECHNICAL ASSISTANCE TRAINING.

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

     SEC. 204. TECHNICAL AND CONFORMING AMENDMENTS.

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

             ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

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

                  ``TITLE XX--HOMELAND SECURITY GRANTS

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

       TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

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

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

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

       ``(a) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Emergency Management Agency.
       ``(2) Emergency communications operability.--The term 
     `emergency communications operability' means the ability to 
     provide and maintain, throughout an emergency response 
     operation, a continuous flow of information among emergency 
     response providers, agencies, and government officers from 
     multiple disciplines and jurisdictions and at all levels of 
     government, in the event of a natural disaster, act of 
     terrorism, or other man-made disaster, including where there 
     has been significant damage to, or destruction of, critical 
     infrastructure, including substantial loss of ordinary 
     telecommunications infrastructure and sustained loss of 
     electricity.
       ``(b) In General.--The Administrator shall make grants to 
     States for initiatives necessary to achieve, maintain, or 
     enhance Statewide, regional, national and, as appropriate, 
     international emergency communications operability and 
     interoperable communications.
       ``(c) Statewide Interoperable Communications Plans.--
       ``(1) Submission of plans.--The Administrator shall require 
     any State applying for a grant under this section to submit a 
     Statewide Interoperable Communications Plan as described 
     under section 7303(f) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).
       ``(2) Coordination and consultation.--The Statewide plan 
     submitted under paragraph (1) shall be developed--
       ``(A) in coordination with local and tribal governments, 
     emergency response providers, and other relevant State 
     officers; and
       ``(B) in consultation with and subject to appropriate 
     comment by the applicable Regional Emergency Communications 
     Coordination Working Group as described under section 1805.
       ``(3) Approval.--The Administrator may not award a grant to 
     a State unless the Administrator, in consultation with the 
     Director for Emergency Communications, has approved the 
     applicable Statewide plan.
       ``(4) Revisions.--A State may revise the applicable 
     Statewide plan approved by the Administrator under this 
     subsection, subject to approval of the revision by the 
     Administrator.
       ``(d) Consistency.--The Administrator shall ensure that 
     each grant is used to supplement and support, in a consistent 
     and coordinated manner, any applicable State, regional, or 
     urban area homeland security plan.
       ``(e) Use of Grant Funds.--Grants awarded under subsection 
     (b) may be used for initiatives to achieve, maintain, or 
     enhance emergency communications operability and 
     interoperable communications, including--
       ``(1) Statewide or regional communications planning, 
     including governance related activities;
       ``(2) system design and engineering;
       ``(3) system procurement and installation;
       ``(4) exercises;
       ``(5) modeling and simulation exercises for operational 
     command and control functions;
       ``(6) technical assistance;
       ``(7) training; and
       ``(8) other appropriate activities determined by the 
     Administrator to be integral to achieve, maintain, or enhance 
     emergency communications operability and interoperable 
     communications.
       ``(f) Application.--
       ``(1) In general.--A State desiring a grant under this 
     section shall submit an application at such time, in such 
     manner, and accompanied by such information as the 
     Administrator may reasonably require.
       ``(2) Minimum contents.--At a minimum, each application 
     submitted under paragraph (1) shall--
       ``(A) identify the critical aspects of the communications 
     life cycle, including planning, system design and 
     engineering, procurement and installation, and training for 
     which funding is requested;
       ``(B) describe how--
       ``(i) the proposed use of funds--

       ``(I) would be consistent with and address the goals in any 
     applicable State, regional, or urban homeland security plan; 
     and
       ``(II) unless the Administrator determines otherwise, are--

       ``(aa) consistent with the National Emergency 
     Communications Plan under section 1802; and
       ``(bb) compatible with the national infrastructure and 
     national voluntary consensus standards;
       ``(ii) the applicant intends to spend funds under the 
     grant, to administer such funds, and to allocate such funds 
     among participating local and tribal governments and 
     emergency response providers;
       ``(iii) the State plans to allocate the grant funds on the 
     basis of risk and effectiveness to regions, local and tribal 
     governments to promote meaningful investments for achieving, 
     maintaining, or enhancing emergency communications 
     operability and interoperable communications;
       ``(iv) the State intends to address the emergency 
     communications operability and interoperable communications 
     needs at the city, county, regional, State, and interstate 
     level; and
       ``(v) the State plans to emphasize regional planning and 
     cooperation, both within the jurisdictional borders of that 
     State and with neighboring States;
       ``(C) be consistent with the Statewide Interoperable 
     Communications Plan required under section 7303(f) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (6 
     U.S.C. 194(f)); and
       ``(D) include a capital budget and timeline showing how the 
     State intends to allocate and expend the grant funds.
       ``(g) Award of Grants.--
       ``(1) Considerations.--In approving applications and 
     awarding grants under this section, the Administrator shall 
     consider--
       ``(A) the nature of the threat to the State from a natural 
     disaster, act of terrorism, or other man-made disaster;
       ``(B) the location, risk, or vulnerability of critical 
     infrastructure and key national assets, including the 
     consequences from damage to critical infrastructure in nearby 
     jurisdictions as a result of natural disasters, acts of 
     terrorism, or other man-made disasters;

[[Page S3413]]

       ``(C) the size of the population of the State, including 
     appropriate consideration of military, tourist, and commuter 
     populations;
       ``(D) the population density of the State;
       ``(E) the extent to which grants will be utilized to 
     implement emergency communications operability and 
     interoperable communications solutions--
       ``(i) consistent with the National Emergency Communications 
     Plan under section 1802 and compatible with the national 
     infrastructure and national voluntary consensus standards; 
     and
       ``(ii) more efficient and cost effective than current 
     approaches;
       ``(F) the extent to which a grant would expedite the 
     achievement, maintenance, or enhancement of emergency 
     communications operability and interoperable communications 
     in the State with Federal, State, local, and tribal 
     governments;
       ``(G) the extent to which a State, given its financial 
     capability, demonstrates its commitment to achieve, maintain, 
     or enhance emergency communications operability and 
     interoperable communications by supplementing Federal funds 
     with non-Federal funds;
       ``(H) whether the State is on or near an international 
     border;
       ``(I) whether the State encompasses an economically 
     significant border crossing;
       ``(J) whether the State has a coastline bordering an ocean, 
     a major waterway used for interstate commerce, or 
     international waters;
       ``(K) the extent to which geographic barriers pose unusual 
     obstacles to achieving, maintaining, or enhancing emergency 
     communications operability or interoperable communications;
       ``(L) the threats, vulnerabilities, and consequences faced 
     by the State related to at-risk sites or activities in nearby 
     jurisdictions, including the need to respond to natural 
     disasters, acts of terrorism, and other man-made disasters 
     arising in those jurisdictions;
       ``(M) the need to achieve, maintain, or enhance nationwide 
     emergency communications operability and interoperable 
     communications, consistent with the National Emergency 
     Communications Plan under section 1802;
       ``(N) whether the activity for which a grant is requested 
     is being funded under another Federal or State emergency 
     communications grant program; and
       ``(O) such other factors as are specified by the 
     Administrator in writing.
       ``(2) Review panel.--
       ``(A) In general.--The Secretary shall establish a review 
     panel under section 871(a) to assist in reviewing grant 
     applications under this section.
       ``(B) Recommendations.--The review panel established under 
     subparagraph (A) shall make recommendations to the 
     Administrator regarding applications for grants under this 
     section.
       ``(C) Membership.--The review panel established under 
     subparagraph (A) shall include--
       ``(i) individuals with technical expertise in emergency 
     communications operability and interoperable communications;
       ``(ii) emergency response providers; and
       ``(iii) other relevant State and local officers.
       ``(3) Minimum grant amounts.--The Administrator shall 
     ensure that for each fiscal year--
       ``(A) no State receives less than an amount equal to 0.75 
     percent of the total funds appropriated for grants under this 
     section; and
       ``(B) American Samoa, the Commonwealth of the Northern 
     Mariana Islands, Guam, and the Virgin Islands each receive no 
     less than 0.25 percent of the amounts appropriated for grants 
     under this section.
       ``(4) Availability of funds.--Any grant funds awarded that 
     may be used to support emergency communications operability 
     or interoperable communications shall, as the Administrator 
     may determine, remain available for up to 3 years, consistent 
     with section 7303(e) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 194(e)).
       ``(h) State Responsibilities.--
       ``(1) Pass-through of funds to local and tribal 
     governments.--The Administrator shall determine a date by 
     which a State that receives a grant shall obligate or 
     otherwise make available to local and tribal governments and 
     emergency response providers--
       ``(A) not less than 80 percent of the funds of the amount 
     of the grant;
       ``(B) resources purchased with the grant funds having a 
     value equal to not less than 80 percent of the total amount 
     of the grant; or
       ``(C) grant funds combined with resources purchased with 
     the grant funds having a value equal to not less than 80 
     percent of the total amount of the grant.
       ``(2) Certifications regarding distribution of grant funds 
     to local and tribal governments.--Any State that receives a 
     grant shall certify to the Administrator, by not later than 
     30 days after the date described under paragraph (1) with 
     respect to the grant, that the State has made available for 
     expenditure by local or tribal governments and emergency 
     response providers the required amount of grant funds under 
     paragraph (1).
       ``(3) Report on grant spending.--
       ``(A) In general.--Any State that receives a grant shall 
     submit a spending report to the Administrator at such time, 
     in such manner, and accompanied by such information as the 
     Administrator may reasonably require.
       ``(B) Minimum contents.--At a minimum, each report under 
     this paragraph shall include--
       ``(i) the amount, ultimate recipients, and dates of receipt 
     of all funds received under the grant;
       ``(ii) the amount and the dates of disbursements of all 
     such funds expended in compliance with paragraph (1) or under 
     mutual aid agreements or other intrastate and interstate 
     sharing arrangements, as applicable;
       ``(iii) how the funds were used by each ultimate recipient 
     or beneficiary;
       ``(iv) the extent to which emergency communications 
     operability and interoperable communications identified in 
     the applicable Statewide plan and application have been 
     achieved, maintained, or enhanced as the result of the 
     expenditure of grant funds; and
       ``(v) the extent to which emergency communications 
     operability and interoperable communications identified in 
     the applicable Statewide plan and application remain unmet.
       ``(C) Public availability on website.--The Administrator 
     shall make each report submitted under subparagraph (A) 
     publicly available on the website of the Federal Emergency 
     Management Agency. The Administrator may redact such 
     information from the reports as the Administrator determines 
     necessary to protect national security.
       ``(4) Penalties for reporting delay.--If a State fails to 
     provide the information required by the Administrator under 
     paragraph (3), the Administrator may--
       ``(A) reduce grant payments to the State from the portion 
     of grant funds that are not required to be passed through 
     under paragraph (1);
       ``(B) terminate payment of funds under the grant to the 
     State, and transfer the appropriate portion of those funds 
     directly to local and tribal governments and emergency 
     response providers that were intended to receive funding 
     under that grant; or
       ``(C) impose additional restrictions or burdens on the use 
     of funds by the State under the grant, which may include--
       ``(i) prohibiting use of such funds to pay the grant-
     related expenses of the State; or
       ``(ii) requiring the State to distribute to local and 
     tribal government and emergency response providers all or a 
     portion of grant funds that are not required to be passed 
     through under paragraph (1).
       ``(i) Prohibited Uses.--Grants awarded under this section 
     may not be used for recreational or social purposes.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section--
       ``(1) $400,000,000 for fiscal year 2008;
       ``(2) $500,000,000 for fiscal year 2009;
       ``(3) $600,000,000 for fiscal year 2010;
       ``(4) $800,000,000 for fiscal year 2011;
       ``(5) $1,000,000,000 for fiscal year 2012; and
       ``(6) such sums as necessary for each fiscal year 
     thereafter.
       ``(k) Rule of Construction.--Nothing in this section shall 
     be construed or interpreted to preclude the use of funds 
     under this section by a State for interim or long-term 
     Internet Protocol-based interoperable solutions, 
     notwithstanding compliance with the Project 25 standard.''.
       (2) Technical and conforming amendment.--The table of 
     contents under section 1(b) of the Homeland Security Act of 
     2002 (6 U.S.C. 101) is amended by inserting after the item 
     relating to section 1808 the following:

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

     SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

       (a) In General.--
       (1) Establishment.--There is established in the Department 
     an International Border Community Interoperable 
     Communications

[[Page S3414]]

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

       TITLE IV--EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM

     SEC. 401. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

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

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

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

          TITLE V--ENHANCING SECURITY OF INTERNATIONAL TRAVEL

     SEC. 501. MODERNIZATION OF THE VISA WAIVER PROGRAM.

       (a) Short Title.--This section may be cited as the ``Secure 
     Travel and Counterterrorism Partnership Act''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should modernize the visa waiver 
     program by simultaneously--
       (A) enhancing program security requirements; and

[[Page S3415]]

       (B) extending visa-free travel privileges to nationals of 
     foreign countries that are allies in the war on terrorism; 
     and
       (2) the expansion described in paragraph (1) will--
       (A) enhance bilateral cooperation on critical 
     counterterrorism and information sharing initiatives;
       (B) support and expand tourism and business opportunities 
     to enhance long-term economic competitiveness; and
       (C) strengthen bilateral relationships.
       (c) Discretionary Visa Waiver Program Expansion.--Section 
     217(c) of the Immigration and Nationality Act (8 U.S.C. 
     1187(c)) is amended by adding at the end the following:
       ``(8) Nonimmigrant visa refusal rate flexibility.--
       ``(A) Certification.--On the date on which an air exit 
     system is in place that can verify the departure of not less 
     than 97 percent of foreign nationals that exit through 
     airports of the United States, the Secretary of Homeland 
     Security shall certify to Congress that such air exit system 
     is in place.
       ``(B) Waiver.--After certification by the Secretary under 
     subparagraph (A), the Secretary of Homeland Security, in 
     consultation with the Secretary of State, may waive the 
     application of paragraph (2)(A) for a country--
       ``(i) if the country meets all security requirements of 
     this section;
       ``(ii) if the Secretary of Homeland Security determines 
     that the totality of the country's security risk mitigation 
     measures provide assurance that the country's participation 
     in the program would not compromise the law enforcement, 
     security interests, or enforcement of the immigration laws of 
     the United States;
       ``(iii) if there has been a sustained reduction in the rate 
     of refusals for nonimmigrant visitor visas for nationals of 
     the country and conditions exist to continue such reduction;
       ``(iv) the country cooperated with the Government of the 
     United States on counterterrorism initiatives and information 
     sharing before the date of its designation as a program 
     country, and the Secretary of Homeland Security and the 
     Secretary of State expect such cooperation will continue; and
       ``(v)(I) if the rate of refusals for nonimmigrant visitor 
     visas for nationals of the country during the previous full 
     fiscal year was not more than 10 percent; or
       ``(II) if the visa overstay rate for the country for the 
     previous full fiscal year does not exceed the maximum visa 
     overstay rate, once it is established under subparagraph (C).
       ``(C) Maximum visa overstay rate.--
       ``(i) Requirement to establish.--After certification by the 
     Secretary under subparagraph (A), the Secretary of Homeland 
     Security and the Secretary of State jointly shall use 
     information from the air exit system referred to in 
     subparagraph (A) to establish a maximum visa overstay rate 
     for countries participating in the program pursuant to a 
     waiver under subparagraph (B).
       ``(ii) Visa overstay rate defined.--In this paragraph the 
     term `visa overstay rate' means, with respect to a country, 
     the ratio of--

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

       ``(iii) Report and publication.--Secretary of Homeland 
     Security shall submit to Congress and publish in the Federal 
     Register a notice of the maximum visa overstay rate proposed 
     to be established under clause (i). Not less than 60 days 
     after the date such notice is submitted and published, the 
     Secretary shall issue a final maximum visa overstay rate.
       ``(9) Discretionary security-related considerations.--In 
     determining whether to waive the application of paragraph 
     (2)(A) for a country, pursuant to paragraph (8), the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of State, shall take into consideration other 
     factors affecting the security of the United States, 
     including--
       ``(A) airport security standards in the country;
       ``(B) whether the country assists in the operation of an 
     effective air marshal program;
       ``(C) the standards of passports and travel documents 
     issued by the country; and
       ``(D) other security-related factors.''.
       (d) Security Enhancements to the Visa Waiver Program.--
       (1) In general.--Section 217 of the Immigration and 
     Nationality Act (8 U.S.C. 1187) is amended--
       (A) in subsection (a)--
       (i) by striking ``Operators of aircraft'' and inserting the 
     following:
       ``(10) Electronic transmission of identification 
     information.--Operators of aircraft''; and
       (ii) by adding at the end the following:
       ``(11) Eligibility determination under the electronic 
     travel authorization system.--Beginning on the date on which 
     the electronic travel authorization system developed under 
     subsection (h)(3) is fully operational, each alien traveling 
     under the program shall, before applying for admission, 
     electronically provide basic biographical information to the 
     system. Upon review of such biographical information, the 
     Secretary of Homeland Security shall determine whether the 
     alien is eligible to travel to the United States under the 
     program.'';
       (B) in subsection (c), as amended by subsection (c) of this 
     section--
       (i) in paragraph (2)--

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

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

       (II) by adding at the end the following:

       ``(E) Repatriation of aliens.--The government of a country 
     accepts for repatriation any citizen, former citizen, or 
     national against whom a final executable order of removal is 
     issued not later than 3 weeks after the issuance of the final 
     order of removal. Nothing in this subparagraph creates any 
     duty for the United States or any right for any alien with 
     respect to removal or release. Nothing in this subparagraph 
     gives rise to any cause of action or claim under this 
     paragraph or any other law against any official of the United 
     States or of any State to compel the release, removal, or 
     consideration for release or removal of any alien.
       ``(F) Passenger information exchange.--The government of 
     the country enters into an agreement with the United States 
     to share information regarding whether nationals of that 
     country traveling to the United States represent a threat to 
     the security or welfare of the United States or its 
     citizens.'';.
       (ii) in paragraph (5)--

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

       (aa) in subclause (II), by striking ``and'' at the end;
       (bb) in subclause (III), by striking the period at the end 
     and inserting ``; and''; and
       (cc) by adding at the end the following:

       ``(IV) shall submit to Congress a report regarding the 
     implementation of the electronic travel authorization system 
     under subsection (h)(3) and the participation of new 
     countries in the program through a waiver under paragraph 
     (8).''; and

       (iii) by adding at the end the following:
       ``(10) Technical assistance.--The Secretary of Homeland 
     Security, in consultation with the Secretary of State, shall 
     provide technical assistance to program countries to assist 
     those countries in meeting the requirements under this 
     section.'';
       (C) in subsection (d), by adding at the end the following: 
     ``The Secretary of Homeland Security may not waive any 
     eligibility requirement under this section unless the 
     Secretary notifies the appropriate congressional committees 
     not later than 30 days before the effective date of such 
     waiver.'';
       (D) in subsection (f)(5), by striking ``of blank'' and 
     inserting ``or loss of''; and
       (E) in subsection (h), by adding at the end the following:
       ``(3) Electronic travel authorization system.--
       ``(A) System.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State, is authorized to 
     develop and implement a fully automated electronic travel 
     authorization system (referred to in this paragraph as the 
     `System') to collect such basic biographical information as 
     the Secretary of Homeland Security determines to be necessary 
     to determine, in advance of travel, the eligibility of an 
     alien to travel to the United States under the program.
       ``(B) Fees.--The Secretary of Homeland Security may charge 
     a fee for the use of the System, which shall be--
       ``(i) set at a level that will ensure recovery of the full 
     costs of providing and administering the System; and
       ``(ii) available to pay the costs incurred to administer 
     the System.
       ``(C) Validity.--
       ``(i) Period.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State shall prescribe 
     regulations that provide for a period, not to exceed 3 years, 
     during which a determination of eligibility to travel under 
     the program will be valid. Notwithstanding any other 
     provision under this section, the Secretary of Homeland 
     Security may revoke any such determination at any time and 
     for any reason.
       ``(ii) Limitation.--A determination that an alien is 
     eligible to travel to the United States under the program is 
     not a determination that the alien is admissible to the 
     United States.
       ``(iii) Judicial review.--Notwithstanding any other 
     provision of law, no court shall have jurisdiction to review 
     an eligibility determination under the System.
       ``(D) Report.--Not later than 60 days before publishing 
     notice regarding the implementation of the System in the 
     Federal Register, the Secretary of Homeland Security shall 
     submit a report regarding the implementation of the System 
     to--
       ``(i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(ii) the Committee on the Judiciary of the Senate;

[[Page S3416]]

       ``(iii) the Select Committee on Intelligence of the Senate;
       ``(iv) the Committee on Appropriations of the Senate;
       ``(v) the Committee on Homeland Security of the House of 
     Representatives;
       ``(vi) the Committee on the Judiciary of the House of 
     Representatives;
       ``(vii) the Permanent Select Committee on Intelligence of 
     the House of Representatives; and
       ``(viii) the Committee on Appropriations of the House of 
     Representatives.''.
       (2) Effective date.--Section 217(a)(11) of the Immigration 
     and Nationality Act, as added by paragraph (1)(A)(ii) shall 
     take effect on the date which is 60 days after the date on 
     which the Secretary of Homeland Security publishes notice in 
     the Federal Register of the requirement under such paragraph.
       (e) Exit System.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall establish an exit system that records the departure on 
     a flight leaving the United States of every alien 
     participating in the visa waiver program established under 
     section 217 of the Immigration and Nationality Act (8 U.S.C. 
     1187).
       (2) System requirements.--The system established under 
     paragraph (1) shall--
       (A) match biometric information of the alien against 
     relevant watch lists and immigration information; and
       (B) compare such biometric information against manifest 
     information collected by air carriers on passengers departing 
     the United States to confirm such individuals have departed 
     the United States.
       (3) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     Congress that describes--
       (A) the progress made in developing and deploying the exit 
     system established under this subsection; and
       (B) the procedures by which the Secretary will improve the 
     manner of calculating the rates of nonimmigrants who violate 
     the terms of their visas by remaining in the United States 
     after the expiration of such visas.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section and the amendments made by this section.

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

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

     SEC. 503. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.

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

     ``SEC. 7215. TERRORIST TRAVEL PROGRAM.

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

[[Page S3417]]

     SEC. 504. ENHANCED DRIVER'S LICENSE.

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

     SEC. 505. WESTERN HEMISPHERE TRAVEL INITIATIVE.

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

     SEC. 506. MODEL PORTS-OF-ENTRY.

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

             TITLE VI--PRIVACY AND CIVIL LIBERTIES MATTERS

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

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

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

       ``(a) In General.--There is established within the 
     Executive Office of the President a Privacy and Civil 
     Liberties Oversight Board (referred to in this section as the 
     `Board').
       ``(b) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       ``(1) In conducting the war on terrorism, the Government 
     may need additional powers and may need to enhance the use of 
     its existing powers.
       ``(2) This shift of power and authority to the Government 
     calls for an enhanced system of checks and balances to 
     protect the precious liberties that are vital to our way of 
     life and to ensure that the Government uses its powers for 
     the purposes for which the powers were given.
       ``(c) Purpose.--The Board shall--
       ``(1) analyze and review actions the executive branch takes 
     to protect the Nation from terrorism, ensuring that the need 
     for such actions is balanced with the need to protect privacy 
     and civil liberties; and
       ``(2) ensure that liberty concerns are appropriately 
     considered in the development and implementation of laws, 
     regulations, and policies related to efforts to protect the 
     Nation against terrorism.
       ``(d) Functions.--
       ``(1) Advice and counsel on policy development and 
     implementation.--The Board shall--
       ``(A) review proposed legislation, regulations, and 
     policies related to efforts to protect the Nation from 
     terrorism, including the development and adoption of 
     information sharing guidelines under subsections (d) and (f) 
     of section 1016;
       ``(B) review the implementation of new and existing 
     legislation, regulations, and policies related to efforts to 
     protect the Nation from terrorism, including the 
     implementation of information sharing guidelines under 
     subsections (d) and (f) of section 1016;
       ``(C) advise the President and the departments, agencies, 
     and elements of the executive branch to ensure that privacy 
     and civil liberties are appropriately considered in the 
     development and implementation of such legislation, 
     regulations, policies, and guidelines; and
       ``(D) in providing advice on proposals to retain or enhance 
     a particular governmental power, consider whether the 
     department, agency, or element of the executive branch has 
     established--
       ``(i) that the need for the power is balanced with the need 
     to protect privacy and civil liberties;
       ``(ii) that there is adequate supervision of the use by the 
     executive branch of the power to ensure protection of privacy 
     and civil liberties; and
       ``(iii) that there are adequate guidelines and oversight to 
     properly confine its use.
       ``(2) Oversight.--The Board shall continually review--
       ``(A) the regulations, policies, and procedures, and the 
     implementation of the regulations, policies, and procedures, 
     of the departments, agencies, and elements of the executive 
     branch to ensure that privacy and civil liberties are 
     protected;
       ``(B) the information sharing practices of the departments, 
     agencies, and elements of the executive branch to determine 
     whether they appropriately protect privacy and civil 
     liberties and adhere to the information sharing guidelines 
     issued or developed under subsections (d) and (f) of section 
     1016 and to other governing laws, regulations, and policies 
     regarding privacy and civil liberties; and
       ``(C) other actions by the executive branch related to 
     efforts to protect the Nation from terrorism to determine 
     whether such actions--
       ``(i) appropriately protect privacy and civil liberties; 
     and
       ``(ii) are consistent with governing laws, regulations, and 
     policies regarding privacy and civil liberties.
       ``(3) Relationship with privacy and civil liberties 
     officers.--The Board shall--
       ``(A) review and assess reports and other information from 
     privacy officers and civil liberties officers under section 
     1062;
       ``(B) when appropriate, make recommendations to such 
     privacy officers and civil liberties officers regarding their 
     activities; and
       ``(C) when appropriate, coordinate the activities of such 
     privacy officers and civil liberties officers on relevant 
     interagency matters.
       ``(4) Testimony.--The members of the Board shall appear and 
     testify before Congress upon request.
       ``(e) Reports.--
       ``(1) In general.--The Board shall--
       ``(A) receive and review reports from privacy officers and 
     civil liberties officers under section 1062; and
       ``(B) periodically submit, not less than semiannually, 
     reports--
       ``(i)(I) to the appropriate committees of Congress, 
     including the Committee on the Judiciary of the Senate, the 
     Committee on the Judiciary of the House of Representatives, 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, the Committee on Oversight and Government 
     Reform of the House of Representatives, the Select Committee 
     on Intelligence of the Senate, and the Permanent Select 
     Committee on Intelligence of the House of Representatives; 
     and
       ``(II) to the President; and
       ``(ii) which shall be in unclassified form to the greatest 
     extent possible, with a classified annex where necessary.
       ``(2) Contents.--Not less than 2 reports submitted each 
     year under paragraph (1)(B) shall include--
       ``(A) a description of the major activities of the Board 
     during the preceding period;
       ``(B) information on the findings, conclusions, and 
     recommendations of the Board resulting from its advice and 
     oversight functions under subsection (d);
       ``(C) the minority views on any findings, conclusions, and 
     recommendations of the Board resulting from its advice and 
     oversight functions under subsection (d);
       ``(D) each proposal reviewed by the Board under subsection 
     (d)(1) that--
       ``(i) the Board advised against implementation; and

[[Page S3418]]

       ``(ii) notwithstanding such advice, actions were taken to 
     implement; and
       ``(E) for the preceding period, any requests submitted 
     under subsection (g)(1)(D) for the issuance of subpoenas that 
     were modified or denied by the Attorney General.
       ``(f) Informing the Public.--The Board shall--
       ``(1) make its reports, including its reports to Congress, 
     available to the public to the greatest extent that is 
     consistent with the protection of classified information and 
     applicable law; and
       ``(2) hold public hearings and otherwise inform the public 
     of its activities, as appropriate and in a manner consistent 
     with the protection of classified information and applicable 
     law.
       ``(g) Access to Information.--
       ``(1) Authorization.--If determined by the Board to be 
     necessary to carry out its responsibilities under this 
     section, the Board is authorized to--
       ``(A) have access from any department, agency, or element 
     of the executive branch, or any Federal officer or employee, 
     to all relevant records, reports, audits, reviews, documents, 
     papers, recommendations, or other relevant material, 
     including classified information consistent with applicable 
     law;
       ``(B) interview, take statements from, or take public 
     testimony from personnel of any department, agency, or 
     element of the executive branch, or any Federal officer or 
     employee;
       ``(C) request information or assistance from any State, 
     tribal, or local government; and
       ``(D) at the direction of a majority of the members of the 
     Board, submit a written request to the Attorney General of 
     the United States that the Attorney General require, by 
     subpoena, persons (other than departments, agencies, and 
     elements of the executive branch) to produce any relevant 
     information, documents, reports, answers, records, accounts, 
     papers, and other documentary or testimonial evidence.
       ``(2) Review of subpoena request.--
       ``(A) In general.--Not later than 30 days after the date of 
     receipt of a request by the Board under paragraph (1)(D), the 
     Attorney General shall--
       ``(i) issue the subpoena as requested; or
       ``(ii) provide the Board, in writing, with an explanation 
     of the grounds on which the subpoena request has been 
     modified or denied.
       ``(B) Notification.--If a subpoena request is modified or 
     denied under subparagraph (A)(ii), the Attorney General 
     shall, not later than 30 days after the date of that 
     modification or denial, notify the Committee on the Judiciary 
     of the Senate and the Committee on the Judiciary of the House 
     of Representatives.
       ``(3) Enforcement of subpoena.--In the case of contumacy or 
     failure to obey a subpoena issued pursuant to paragraph 
     (1)(D), the United States district court for the judicial 
     district in which the subpoenaed person resides, is served, 
     or may be found may issue an order requiring such person to 
     produce the evidence required by such subpoena.
       ``(4) Agency cooperation.--Whenever information or 
     assistance requested under subparagraph (A) or (B) of 
     paragraph (1) is, in the judgment of the Board, unreasonably 
     refused or not provided, the Board shall report the 
     circumstances to the head of the department, agency, or 
     element concerned without delay. The head of the department, 
     agency, or element concerned shall ensure that the Board is 
     given access to the information, assistance, material, or 
     personnel the Board determines to be necessary to carry out 
     its functions.
       ``(h) Membership.--
       ``(1) Members.--The Board shall be composed of a full-time 
     chairman and 4 additional members, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate.
       ``(2) Qualifications.--Members of the Board shall be 
     selected solely on the basis of their professional 
     qualifications, achievements, public stature, expertise in 
     civil liberties and privacy, and relevant experience, and 
     without regard to political affiliation, but in no event 
     shall more than 3 members of the Board be members of the same 
     political party.
       ``(3) Incompatible office.--An individual appointed to the 
     Board may not, while serving on the Board, be an elected 
     official, officer, or employee of the Federal Government, 
     other than in the capacity as a member of the Board.
       ``(4) Term.--Each member of the Board shall serve a term of 
     6 years, except that--
       ``(A) a member appointed to a term of office after the 
     commencement of such term may serve under such appointment 
     only for the remainder of such term;
       ``(B) upon the expiration of the term of office of a 
     member, the member shall continue to serve until the member's 
     successor has been appointed and qualified, except that no 
     member may serve under this subparagraph--
       ``(i) for more than 60 days when Congress is in session 
     unless a nomination to fill the vacancy shall have been 
     submitted to the Senate; or
       ``(ii) after the adjournment sine die of the session of the 
     Senate in which such nomination is submitted; and
       ``(C) the members first appointed under this subsection 
     after the date of enactment of the Improving America's 
     Security Act of 2007 shall serve terms of two, three, four, 
     five, and six years, respectively, with the term of each such 
     member to be designated by the President.
       ``(5) Quorum and meetings.--After its initial meeting, the 
     Board shall meet upon the call of the chairman or a majority 
     of its members. Three members of the Board shall constitute a 
     quorum.
       ``(i) Compensation and Travel Expenses.--
       ``(1) Compensation.--
       ``(A) Chairman.--The chairman of the Board shall be 
     compensated at the rate of pay payable for a position at 
     level III of the Executive Schedule under section 5314 of 
     title 5, United States Code.
       ``(B) Members.--Each member of the Board shall be 
     compensated at a rate of pay payable for a position at level 
     IV of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the Board.
       ``(2) Travel expenses.--Members of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for persons employed 
     intermittently by the Government under section 5703(b) of 
     title 5, United States Code, while away from their homes or 
     regular places of business in the performance of services for 
     the Board.
       ``(j) Staff.--
       ``(1) Appointment and compensation.--The chairman of the 
     Board, in accordance with rules agreed upon by the Board, 
     shall appoint and fix the compensation of a full-time 
     executive director and such other personnel as may be 
     necessary to enable the Board to carry out its functions, 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service, and 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of such title relating to classification 
     and General Schedule pay rates, except that no rate of pay 
     fixed under this subsection may exceed the equivalent of that 
     payable for a position at level V of the Executive Schedule 
     under section 5316 of title 5, United States Code.
       ``(2) Detailees.--Any Federal employee may be detailed to 
     the Board without reimbursement from the Board, and such 
     detailee shall retain the rights, status, and privileges of 
     the detailee's regular employment without interruption.
       ``(3) Consultant services.--The Board may procure the 
     temporary or intermittent services of experts and consultants 
     in accordance with section 3109 of title 5, United States 
     Code, at rates that do not exceed the daily rate paid a 
     person occupying a position at level IV of the Executive 
     Schedule under section 5315 of such title.
       ``(k) Security Clearances.--The appropriate departments, 
     agencies, and elements of the executive branch shall 
     cooperate with the Board to expeditiously provide the Board 
     members and staff with appropriate security clearances to the 
     extent possible under existing procedures and requirements.
       ``(l) Treatment as Agency, Not as Advisory Committee.--The 
     Board--
       ``(1) is an agency (as defined in section 551(1) of title 
     5, United States Code); and
       ``(2) is not an advisory committee (as defined in section 
     3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
       ``(m) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     amounts as follows:
       ``(1) For fiscal year 2008, $5,000,000.
       ``(2) For fiscal year 2009, $6,650,000.
       ``(3) For fiscal year 2010, $8,300,000.
       ``(4) For fiscal year 2011, $10,000,000.
       ``(5) For fiscal year 2012, and each fiscal year 
     thereafter, such sums as may be necessary.''.
       (b) Continuation of Service of Current Members of Privacy 
     and Civil Liberties Board.--The members of the Privacy and 
     Civil Liberties Oversight Board as of the date of enactment 
     of this Act may continue to serve as members of that Board 
     after that date, and to carry out the functions and exercise 
     the powers of that Board as specified in section 1061 of the 
     National Security Intelligence Reform Act of 2004 (as amended 
     by subsection (a)), until--
       (1) in the case of any individual serving as a member of 
     the Board under an appointment by the President, by and with 
     the advice and consent of the Senate, the expiration of a 
     term designated by the President under section 1061(h)(4)(C) 
     of such Act (as so amended);
       (2) in the case of any individual serving as a member of 
     the Board other than under an appointment by the President, 
     by and with the advice and consent of the Senate, the 
     confirmation or rejection by the Senate of that member's 
     nomination to the Board under such section 1061 (as so 
     amended), except that no such individual may serve as a 
     member under this paragraph--
       (A) for more than 60 days when Congress is in session 
     unless a nomination of that individual to be a member of the 
     Board has been submitted to the Senate; or
       (B) after the adjournment sine die of the session of the 
     Senate in which such nomination is submitted; or
       (3) the appointment of members of the Board under such 
     section 1061 (as so amended), except that no member may serve 
     under this paragraph--
       (A) for more than 60 days when Congress is in session 
     unless a nomination to fill the position on the Board shall 
     have been submitted to the Senate; or

[[Page S3419]]

       (B) after the adjournment sine die of the session of the 
     Senate in which such nomination is submitted.

     SEC. 602. PRIVACY AND CIVIL LIBERTIES OFFICERS.

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

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

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

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

     SEC. 603. DEPARTMENT PRIVACY OFFICER.

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

[[Page S3420]]

     subpoena under subsection (b)(1)(C) or the Secretary 
     substantively modifies the requested subpoena; or
       ``(B) 45 days after the senior official's request for a 
     subpoena under subsection (b)(1)(C), if that subpoena has not 
     either been approved or disapproved by the Secretary.''.

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

       (a) Short Title.--This section may be cited as the 
     ``Federal Agency Data Mining Reporting Act of 2007''.
       (b) Definitions.--In this section:
       (1) Data mining.--The term ``data mining'' means a program 
     involving pattern-based queries, searches, or other analyses 
     of 1 or more electronic databases, where--
       (A) a department or agency of the Federal Government, or a 
     non-Federal entity acting on behalf of the Federal 
     Government, is conducting the queries, searches, or other 
     analyses to discover or locate a predictive pattern or 
     anomaly indicative of terrorist or criminal activity on the 
     part of any individual or individuals;
       (B) the queries, searches, or other analyses are not 
     subject-based and do not use personal identifiers of a 
     specific individual, or inputs associated with a specific 
     individual or group of individuals, to retrieve information 
     from the database or databases; and
       (C) the purpose of the queries, searches, or other analyses 
     is not solely--
       (i) the detection of fraud, waste, or abuse in a Government 
     agency or program; or
       (ii) the security of a Government computer system.
       (2) Database.--The term ``database'' does not include 
     telephone directories, news reporting, information publicly 
     available to any member of the public without payment of a 
     fee, or databases of judicial and administrative opinions or 
     other legal research sources.
       (c) Reports on Data Mining Activities by Federal 
     Agencies.--
       (1) In general.--Subsection (d) of this section shall have 
     no force or effect.
       (2) Reports.--
       (A) Requirement for report.--The head of each department or 
     agency of the Federal Government that is engaged in any 
     activity to use or develop data mining shall submit a report 
     to Congress on all such activities of the department or 
     agency under the jurisdiction of that official. The report 
     shall be produced in coordination with the privacy officer of 
     that department or agency, if applicable, and shall be made 
     available to the public, except for an annex described in 
     subparagraph (C).
       (B) Content of report.--Each report submitted under 
     subparagraph (A) shall include, for each activity to use or 
     develop data mining, the following information:
       (i) A thorough description of the data mining activity, its 
     goals, and, where appropriate, the target dates for the 
     deployment of the data mining activity.
       (ii) A thorough description of the data mining technology 
     that is being used or will be used, including the basis for 
     determining whether a particular pattern or anomaly is 
     indicative of terrorist or criminal activity.
       (iii) A thorough description of the data sources that are 
     being or will be used.
       (iv) An assessment of the efficacy or likely efficacy of 
     the data mining activity in providing accurate information 
     consistent with and valuable to the stated goals and plans 
     for the use or development of the data mining activity.
       (v) An assessment of the impact or likely impact of the 
     implementation of the data mining activity on the privacy and 
     civil liberties of individuals, including a thorough 
     description of the actions that are being taken or will be 
     taken with regard to the property, privacy, or other rights 
     or privileges of any individual or individuals as a result of 
     the implementation of the data mining activity.
       (vi) A list and analysis of the laws and regulations that 
     govern the information being or to be collected, reviewed, 
     gathered, analyzed, or used in conjunction with the data 
     mining activity, to the extent applicable in the context of 
     the data mining activity.
       (vii) A thorough discussion of the policies, procedures, 
     and guidelines that are in place or that are to be developed 
     and applied in the use of such data mining activity in order 
     to--

       (I) protect the privacy and due process rights of 
     individuals, such as redress procedures; and
       (II) ensure that only accurate and complete information is 
     collected, reviewed, gathered, analyzed, or used, and guard 
     against any harmful consequences of potential inaccuracies.

       (C) Annex.--
       (i) In general.--A report under subparagraph (A) shall 
     include in an annex any necessary--

       (I) classified information;
       (II) law enforcement sensitive information;
       (III) proprietary business information; or
       (IV) trade secrets (as that term is defined in section 1839 
     of title 18, United States Code).

       (ii) Availability.--Any annex described in clause (i)--

       (I) shall be available, as appropriate, and consistent with 
     the National Security Act of 1947 (50 U.S.C. 401 et seq.), to 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on the Judiciary, the Select Committee on 
     Intelligence, the Committee on Appropriations, and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Homeland Security, the Committee 
     on the Judiciary, the Permanent Select Committee on 
     Intelligence, the Committee on Appropriations, and the 
     Committee on Financial Services of the House of 
     Representatives; and
       (II) shall not be made available to the public.

       (D) Time for report.--Each report required under 
     subparagraph (A) shall be--
       (i) submitted not later than 180 days after the date of 
     enactment of this Act; and
       (ii) updated not less frequently than annually thereafter, 
     to include any activity to use or develop data mining engaged 
     in after the date of the prior report submitted under 
     subparagraph (A).
       (d) Reports on Data Mining Activities by Federal 
     Agencies.--
       (1) Requirement for report.--The head of each department or 
     agency of the Federal Government that is engaged in any 
     activity to use or develop data mining shall submit a report 
     to Congress on all such activities of the department or 
     agency under the jurisdiction of that official. The report 
     shall be made available to the public, except for a 
     classified annex described paragraph (2)(H).
       (2) Content of report.--Each report submitted under 
     paragraph (1) shall include, for each activity to use or 
     develop data mining, the following information:
       (A) A thorough description of the data mining activity, its 
     goals, and, where appropriate, the target dates for the 
     deployment of the data mining activity.
       (B) A thorough description, without revealing existing 
     patents, proprietary business processes, trade secrets, and 
     intelligence sources and methods, of the data mining 
     technology that is being used or will be used, including the 
     basis for determining whether a particular pattern or anomaly 
     is indicative of terrorist or criminal activity.
       (C) A thorough description of the data sources that are 
     being or will be used.
       (D) An assessment of the efficacy or likely efficacy of the 
     data mining activity in providing accurate information 
     consistent with and valuable to the stated goals and plans 
     for the use or development of the data mining activity.
       (E) An assessment of the impact or likely impact of the 
     implementation of the data mining activity on the privacy and 
     civil liberties of individuals, including a thorough 
     description of the actions that are being taken or will be 
     taken with regard to the property, privacy, or other rights 
     or privileges of any individual or individuals as a result of 
     the implementation of the data mining activity.
       (F) A list and analysis of the laws and regulations that 
     govern the information being or to be collected, reviewed, 
     gathered, analyzed, or used with the data mining activity.
       (G) A thorough discussion of the policies, procedures, and 
     guidelines that are in place or that are to be developed and 
     applied in the use of such technology for data mining in 
     order to--
       (i) protect the privacy and due process rights of 
     individuals, such as redress procedures; and
       (ii) ensure that only accurate information is collected, 
     reviewed, gathered, analyzed, or used.
       (H) Any necessary classified information in an annex that 
     shall be available, as appropriate, to the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     the Judiciary, the Select Committee on Intelligence, and the 
     Committee on Appropriations of the Senate and the Committee 
     on Homeland Security, the Committee on the Judiciary, the 
     Permanent Select Committee on Intelligence, and the Committee 
     on Appropriations of the House of Representatives.
       (3) Time for report.--Each report required under paragraph 
     (1) shall be--
       (A) submitted not later than 180 days after the date of 
     enactment of this Act; and
       (B) updated not less frequently than annually thereafter, 
     to include any activity to use or develop data mining engaged 
     in after the date of the prior report submitted under 
     paragraph (1).

    TITLE VII--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

     SEC. 701. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

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

     ``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

       ``(a) Definitions.--In this section--
       ``(1) the term `biological event of national significance' 
     means--
       ``(A) an act of terrorism that uses a biological agent, 
     toxin, or other product derived from a biological agent; or
       ``(B) a naturally-occurring outbreak of an infectious 
     disease that may result in a national epidemic;
       ``(2) the term `Member Agencies' means the departments and 
     agencies described in subsection (d)(1);
       ``(3) the term `NBIC' means the National Biosurveillance 
     Integration Center established under subsection (b);
       ``(4) the term `NBIS' means the National Biosurveillance 
     Integration System established under subsection (b); and
       ``(5) the term `Privacy Officer' means the Privacy Officer 
     appointed under section 222.
       ``(b) Establishment.--The Secretary shall establish, 
     operate, and maintain a National Biosurveillance Integration 
     Center, headed

[[Page S3421]]

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

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

     SEC. 702. BIOSURVEILLANCE EFFORTS.

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

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

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

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

       ``(a) Annual Review.--
       ``(1) In general.--The Secretary, the Attorney General, the 
     Secretary of State, the

[[Page S3422]]

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

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

                TITLE VIII--PRIVATE SECTOR PREPAREDNESS

     SEC. 801. DEFINITIONS.

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

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

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

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

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

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

       ``(a) Accreditation and Certification Program.--Not later 
     than 120 days after the date of enactment of this section, 
     the Secretary, in consultation with representatives of the 
     organizations that coordinate or facilitate the development 
     of and use of voluntary consensus standards, appropriate 
     voluntary consensus standards development organizations, each 
     private sector advisory council created under section 
     102(f)(4), and appropriate private sector advisory groups 
     such as sector coordinating councils and information sharing 
     and analysis centers, shall--
       ``(1) support the development, promulgating, and updating, 
     as necessary, of voluntary national preparedness standards; 
     and
       ``(2) develop, implement, and promote a program to certify 
     the preparedness of private sector entities.
       ``(b) Program Elements.--
       ``(1) In general.--
       ``(A) Program.--The program developed and implemented under 
     this section shall assess whether a private sector entity 
     complies with voluntary national preparedness standards.
       ``(B) Guidelines.--In developing the program under this 
     section, the Secretary shall develop guidelines for the 
     accreditation and certification processes established under 
     this section.
       ``(2) Standards.--The Secretary, in consultation with 
     representatives of organizations that coordinate or 
     facilitate the development of and use of voluntary consensus 
     standards representatives of appropriate voluntary consensus 
     standards development organizations, each private sector 
     advisory council created under section 102(f)(4), and 
     appropriate private sector advisory groups such as sector 
     coordinating councils and information sharing and analysis 
     centers--
       ``(A) shall adopt appropriate voluntary national 
     preparedness standards that promote preparedness, which shall 
     be used in the accreditation and certification program under 
     this section; and
       ``(B) after the adoption of standards under subparagraph 
     (A), may adopt additional voluntary national preparedness 
     standards or modify or discontinue the use of voluntary 
     national preparedness standards for the accreditation and 
     certification program, as necessary and appropriate to 
     promote preparedness.
       ``(3) Tiering.--The certification program developed under 
     this section may use a multiple-tiered system to rate the 
     preparedness of a private sector entity.
       ``(4) Small business concerns.--The Secretary and any 
     selected entity shall establish separate classifications and 
     methods of certification for small business concerns (as that 
     term is defined in section 3 of the Small Business Act (15 
     U.S.C. 632)) for the program under this section.
       ``(5) Considerations.--In developing and implementing the 
     program under this section, the Secretary shall--
       ``(A) consider the unique nature of various sectors within 
     the private sector, including preparedness, business 
     continuity standards, or best practices, established--
       ``(i) under any other provision of Federal law; or
       ``(ii) by any sector-specific agency, as defined under 
     Homeland Security Presidential Directive-7; and
       ``(B) coordinate the program, as appropriate, with--
       ``(i) other Department private sector related programs; and
       ``(ii) preparedness and business continuity programs in 
     other Federal agencies.
       ``(c) Accreditation and Certification Processes.--
       ``(1) Agreement.--
       ``(A) In general.--Not later than 120 days after the date 
     of enactment of this section, the Secretary shall enter into 
     1 or more agreements with the American National Standards 
     Institute or other similarly qualified nongovernmental or 
     other private sector entities to carry out accreditations and 
     oversee the certification process under this section.
       ``(B) Contents.--Any selected entity shall manage the 
     accreditation process and oversee the certification process 
     in accordance with the program established under this section 
     and accredit qualified third parties to carry out the 
     certification program established under this section.
       ``(2) Procedures and requirements for accreditation and 
     certification.--
       ``(A) In general.--The selected entities shall collaborate 
     to develop procedures and requirements for the accreditation 
     and certification processes under this section, in accordance 
     with the program established under this section and 
     guidelines developed under subsection (b)(1)(B).

[[Page S3423]]

       ``(B) Contents and use.--The procedures and requirements 
     developed under subparagraph (A) shall--
       ``(i) ensure reasonable uniformity in the accreditation and 
     certification processes if there is more than 1 selected 
     entity; and
       ``(ii) be used by any selected entity in conducting 
     accreditations and overseeing the certification process under 
     this section.
       ``(C) Disagreement.--Any disagreement among selected 
     entities in developing procedures under subparagraph (A) 
     shall be resolved by the Secretary.
       ``(3) Designation.--A selected entity may accredit any 
     qualified third party to carry out the certification process 
     under this section.
       ``(4) Third parties.--To be accredited under paragraph (3), 
     a third party shall--
       ``(A) demonstrate that the third party has the ability to 
     certify private sector entities in accordance with the 
     procedures and requirements developed under paragraph (2);
       ``(B) agree to perform certifications in accordance with 
     such procedures and requirements;
       ``(C) agree not to have any beneficial interest in or any 
     direct or indirect control over--
       ``(i) a private sector entity for which that third party 
     conducts a certification under this section; or
       ``(ii) any organization that provides preparedness 
     consulting services to private sector entities;
       ``(D) agree not to have any other conflict of interest with 
     respect to any private sector entity for which that third 
     party conducts a certification under this section;
       ``(E) maintain liability insurance coverage at policy 
     limits in accordance with the requirements developed under 
     paragraph (2); and
       ``(F) enter into an agreement with the selected entity 
     accrediting that third party to protect any proprietary 
     information of a private sector entity obtained under this 
     section.
       ``(5) Monitoring.--
       ``(A) In general.--The Secretary and any selected entity 
     shall regularly monitor and inspect the operations of any 
     third party conducting certifications under this section to 
     ensure that third party is complying with the procedures and 
     requirements established under paragraph (2) and all other 
     applicable requirements.
       ``(B) Revocation.--If the Secretary or any selected entity 
     determines that a third party is not meeting the procedures 
     or requirements established under paragraph (2), the 
     appropriate selected entity shall--
       ``(i) revoke the accreditation of that third party to 
     conduct certifications under this section; and
       ``(ii) review any certification conducted by that third 
     party, as necessary and appropriate.
       ``(d) Annual Review.--
       ``(1) In general.--The Secretary, in consultation with 
     representatives of the organizations that coordinate or 
     facilitate the development of and use of voluntary consensus 
     standards, appropriate voluntary consensus standards 
     development organizations, and each private sector advisory 
     council created under section 102(f)(4), shall annually 
     review the voluntary accreditation and certification program 
     established under this section to ensure the effectiveness of 
     such program and make improvements and adjustments to the 
     program as necessary and appropriate.
       ``(2) Review of standards.--Each review under paragraph (1) 
     shall include an assessment of the voluntary national 
     preparedness standards used in the program under this 
     section.
       ``(e) Compliance by Entities Seeking Certification.--Any 
     entity seeking certification under this section shall comply 
     with all applicable statutes, regulations, directives, 
     policies, and industry codes of practice in meeting 
     certification requirements.
       ``(f) Voluntary Participation.--Certification under this 
     section shall be voluntary for any private sector entity.
       ``(g) Public Listing.--The Secretary shall maintain and 
     make public a listing of any private sector entity certified 
     as being in compliance with the program established under 
     this section, if that private sector entity consents to such 
     listing.
       ``(h) Definition.--In this section, the term `selected 
     entity' means any entity entering an agreement with the 
     Secretary under subsection (c)(1)(A).''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 521 the following:

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

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

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

     SEC. 805. DEMONSTRATION PROJECT.

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

     SEC. 806. REPORT TO CONGRESS.

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

     SEC. 807. RULE OF CONSTRUCTION.

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

   TITLE IX--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

     SEC. 901. TRANSPORTATION SECURITY STRATEGIC PLANNING.

       (a) In General.--Section 114(t)(1)(B) of title 49, United 
     States Code, is amended to read as follows:
       ``(B) transportation modal and intermodal security plans 
     addressing risks, threats, and vulnerabilities for aviation, 
     bridge, tunnel, commuter rail and ferry, highway, maritime, 
     pipeline, rail, mass transit, over-the-road bus, and other 
     public transportation infrastructure assets.''.
       (b) Contents of the National Strategy for Transportation 
     Security.--Section 114(t)(3) of such title is amended--
       (1) in subparagraph (B), by inserting ``, based on risk 
     assessments conducted by the Secretary of Homeland Security 
     (including assessments conducted under section 1421 or 1503 
     of the Improving America's Security Act of 2007 or any 
     provision of law amended by such title),'' after ``risk based 
     priorities'';
       (2) in subparagraph (D)--
       (A) by striking ``and local'' and inserting ``, local, and 
     tribal''; and
       (B) by striking ``private sector cooperation and 
     participation'' and inserting ``cooperation and participation 
     by private sector entities'';
       (3) in subparagraph (E)--
       (A) by striking ``response'' and inserting ``prevention, 
     response,''; and
       (B) by inserting ``and threatened and executed acts of 
     terrorism outside the United States to the extent such acts 
     affect United States transportation systems'' before the 
     period at the end;
       (4) in subparagraph (F), by adding at the end the 
     following: ``Transportation security research and development 
     projects shall be based, to the extent practicable, on such 
     prioritization. Nothing in the preceding sentence shall be 
     construed to require the termination of any research or 
     development project initiated by the Secretary of Homeland 
     Security before the date of enactment of the Improving 
     America's Security Act of 2007.''; and
       (5) by adding at the end the following:
       ``(G) Short- and long-term budget recommendations for 
     Federal transportation security programs, which reflect the 
     priorities of the National Strategy for Transportation 
     Security.
       ``(H) Methods for linking the individual transportation 
     modal security plans and the programs contained therein, and 
     a plan for addressing the security needs of intermodal 
     transportation hubs.
       ``(I) Transportation security modal and intermodal plans, 
     including operational recovery plans to expedite, to the 
     maximum extent practicable, the return to operation of an 
     adversely affected transportation system following a major 
     terrorist attack on that system or another catastrophe. These 
     plans shall be coordinated with the resumption of trade 
     protocols required under section 202 of the SAFE Port Act (6 
     U.S.C. 942).''.
       (c) Periodic Progress Reports.--Section 114(t)(4) of such 
     title is amended--
       (1) in subparagraph (C)--
       (A) in clause (i), by inserting ``, including the 
     transportation modal security plans'' before the period at 
     the end; and
       (B) by striking clause (ii) and inserting the following:
       ``(ii) Content.--Each progress report submitted under this 
     subparagraph shall include the following:

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

[[Page S3424]]

       ``(III) An accounting of all--

       ``(aa) funds requested in the President's budget submitted 
     pursuant to section 1105 of title 31 for the most recently 
     concluded fiscal year for transportation security, by mode; 
     and
       ``(bb) personnel working on transportation security by 
     mode, including the number of contractors.
       ``(iii) Written explanation of transportation security 
     activities not delineated in the national strategy for 
     transportation security.--At the end of each year, the 
     Secretary of Homeland Security shall submit to the 
     appropriate congressional committees a written explanation of 
     any activity inconsistent with, or not clearly delineated in, 
     the National Strategy for Transportation Security, including 
     the amount of funds to be expended for the activity and the 
     number of personnel involved.''; and
       (2) in subparagraph (E), by striking ``Select''.
       (d) Priority Status.--Section 114(t)(5)(B) of such title is 
     amended--
       (1) in clause (iii), by striking ``and'' at the end;
       (2) by redesignating clause (iv) as clause (v); and
       (3) by inserting after clause (iii) the following:
       ``(iv) the transportation sector specific plan required 
     under Homeland Security Presidential Directive-7; and''.
       (e) Coordination and Plan Distribution.--Section 114(t) of 
     such title is amended by adding at the end the following:
       ``(6) Coordination.--In carrying out the responsibilities 
     under this section, the Secretary of Homeland Security, in 
     consultation with the Secretary of Transportation, shall 
     consult, as appropriate, with Federal, State, and local 
     agencies, tribal governments, private sector entities 
     (including nonprofit employee labor organizations), 
     institutions of higher learning, and other entities.
       ``(7) Plan distribution.--The Secretary of Homeland 
     Security shall make available an unclassified version of the 
     National Strategy for Transportation Security, including its 
     component transportation modal security plans, to Federal, 
     State, regional, local and tribal authorities, transportation 
     system owners or operators, private sector stakeholders 
     (including non-profit employee labor organizations), 
     institutions of higher learning, and other appropriate 
     entities.''.

     SEC. 902. TRANSPORTATION SECURITY INFORMATION SHARING.

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

     SEC. 903. TRANSPORTATION SECURITY ADMINISTRATION PERSONNEL 
                   MANAGEMENT.

       (a) TSA Employee Defined.--In this section, the term ``TSA 
     employee'' means an individual who holds--
       (1) any position which was transferred (or the incumbent of 
     which was transferred) from the Transportation Security 
     Administration of the Department of Transportation to the 
     Department by section 403 of the Homeland Security Act of 
     2002 (6 U.S.C. 203); or
       (2) any other position within the Department the duties and 
     responsibilities of which include carrying out 1 or more of 
     the functions that were transferred from the Transportation 
     Security Administration of the Department of Transportation 
     to the Secretary by such section.
       (b) Elimination of Certain Personnel Management 
     Authorities.--Effective 90 days after the date of enactment 
     of this Act--
       (1) section 111(d) of the Aviation and Transportation 
     Security Act (49 U.S.C. 44935 note) is repealed and any 
     authority of the

[[Page S3425]]

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

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

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

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

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

                    TITLE X--INCIDENT COMMAND SYSTEM

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

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

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

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

     ``SEC. 510. CREDENTIALING AND TYPING.

       ``(a) Credentialing.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `credential' means to provide documentation 
     that can authenticate and verify the qualifications and 
     identity of managers of incidents, emergency response 
     providers, and other appropriate personnel, including by 
     ensuring that such personnel possess a minimum common level 
     of training, experience, physical and medical fitness, and 
     capability appropriate for their position;
       ``(B) the term `credentialing' means evaluating an 
     individual's qualifications for a specific position under 
     guidelines created under

[[Page S3426]]

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

[[Page S3427]]

     the implementation of this subsection, including the number 
     and type of Federal resources and assets ready to respond to 
     a natural disaster, act of terrorism, or other man-made 
     disaster.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as necessary to carry 
     out this section.''; and
       (2) by adding after section 522, as added by section 803 of 
     this Act, the following:

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

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

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

              TITLE XI--CRITICAL INFRASTRUCTURE PROTECTION

     SEC. 1101. CRITICAL INFRASTRUCTURE PROTECTION.

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

     SEC. 1102. RISK ASSESSMENT AND REPORT.

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

     SEC. 1103. USE OF EXISTING CAPABILITIES.

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

     SEC. 1104. PRIORITIES AND ALLOCATIONS.

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

           TITLE XII--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

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

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

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

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

[[Page S3428]]

  ``RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS FOR 
                 INTELLIGENCE DOCUMENTS AND INFORMATION

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


                       ``DISCLOSURES TO CONGRESS

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

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

     SEC. 1203. PUBLIC INTEREST DECLASSIFICATION BOARD.

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

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

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

[[Page S3429]]

       (3) not later than December 21, 2007, submit to the Senate 
     a report that includes the recommendations of the Committee, 
     if any, for carrying out such reforms.

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

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

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

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

  TITLE XIII--INTERNATIONAL COOPERATION ON ANTITER-RORISM TECHNOLOGIES

     SEC. 1301. PROMOTING ANTITERRORISM CAPABILITIES THROUGH 
                   INTERNATIONAL COOPERATION.

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

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

       ``(a) Definitions.--In this section:
       ``(1) Director.--The term `Director' means the Director 
     selected under subsection (b)(2).
       ``(2) International cooperative activity.--The term 
     `international cooperative activity' includes--
       ``(A) coordinated research projects, joint research 
     projects, or joint ventures;
       ``(B) joint studies or technical demonstrations;
       ``(C) coordinated field exercises, scientific seminars, 
     conferences, symposia, and workshops;
       ``(D) training of scientists and engineers;
       ``(E) visits and exchanges of scientists, engineers, or 
     other appropriate personnel;
       ``(F) exchanges or sharing of scientific and technological 
     information; and
       ``(G) joint use of laboratory facilities and equipment.
       ``(b) Science and Technology Homeland Security 
     International Cooperative Programs Office.--
       ``(1) Establishment.--The Under Secretary shall establish 
     the Science and Technology Homeland Security International 
     Cooperative Programs Office.
       ``(2) Director.--The Office shall be headed by a Director, 
     who--
       ``(A) shall be selected (in consultation with the Assistant 
     Secretary for International Affairs, Policy Directorate) by 
     and shall report to the Under Secretary; and
       ``(B) may be an officer of the Department serving in 
     another position.
       ``(3) Responsibilities.--
       ``(A) Development of mechanisms.--The Director shall be 
     responsible for developing, in coordination with the 
     Department of State, the Department of Defense, the 
     Department of Energy, and other Federal agencies, mechanisms 
     and legal frameworks to allow and to support international 
     cooperative activity in support of homeland security 
     research.
       ``(B) Priorities.--The Director shall be responsible for 
     developing, in coordination with the Directorate of Science 
     and Technology, the other components of the Department 
     (including the Office of the Assistant Secretary for 
     International Affairs, Policy Directorate), the Department of 
     State, the Department of Defense, the Department of Energy, 
     and other Federal agencies, strategic priorities for 
     international cooperative activity.
       ``(C) Activities.--The Director shall facilitate the 
     planning, development, and implementation of international 
     cooperative activity to address the strategic priorities 
     developed under subparagraph (B) through mechanisms the Under 
     Secretary considers appropriate, including grants, 
     cooperative agreements, or contracts to or with foreign 
     public or private entities, governmental organizations, 
     businesses, federally funded research and development 
     centers, and universities.
       ``(D) Identification of partners.--The Director shall 
     facilitate the matching of United States entities engaged in 
     homeland security research with non-United States entities 
     engaged in homeland security research so that they may 
     partner in homeland security research activities.
       ``(4) Coordination.--The Director shall ensure that the 
     activities under this subsection are coordinated with the 
     Office of International Affairs and the Department of State, 
     the Department of Defense, the Department of Energy, and 
     other relevant Federal agencies or interagency bodies. The 
     Director may enter into joint activities with other Federal 
     agencies.
       ``(c) Matching Funding.--
       ``(1) In general.--
       ``(A) Equitability.--The Director shall ensure that funding 
     and resources expended in international cooperative activity 
     will be equitably matched by the foreign partner government 
     or other entity through direct funding, funding of 
     complementary activities, or through the provision of staff, 
     facilities, material, or equipment.
       ``(B) Grant matching and repayment.--
       ``(i) In general.--The Secretary may require a recipient of 
     a grant under this section--

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

       ``(ii) Maximum amount.--The Secretary may not require that 
     repayment under clause (i)(II) be more than 150 percent of 
     the amount of the grant, adjusted for inflation on the basis 
     of the Consumer Price Index.
       ``(2) Foreign partners.--Partners may include Israel, the 
     United Kingdom, Canada, Australia, Singapore, and other 
     allies in the global war on terrorism, as determined by the 
     Secretary of State.
       ``(d) Funding.--Funding for all activities under this 
     section shall be paid from discretionary funds appropriated 
     to the Department.
       ``(e) Foreign Reimbursements.--If the Science and 
     Technology Homeland Security International Cooperative 
     Programs Office participates in an international cooperative 
     activity with a foreign partner on a cost-sharing basis, any 
     reimbursements or contributions received from that foreign 
     partner to meet the share of that foreign partner of the 
     project may be credited to appropriate appropriations 
     accounts of the Directorate of Science and Technology.''.
       (2) Technical and conforming amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by adding after the item 
     relating to section 316, as added by section 701 of this Act, 
     the following:

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

     SEC. 1302. TRANSPARENCY OF FUNDS.

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

 TITLE XIV--TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES

     SEC. 1401. SHORT TITLE.

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

[[Page S3430]]

          Subtitle A--Surface Transportation and Rail Security

     SEC. 1411. DEFINITION.

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

                     PART I--IMPROVED RAIL SECURITY

     SEC. 1421. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

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

     SEC. 1422. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

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

     SEC. 1423. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) Life-Safety Needs.--The Secretary of Transportation, in 
     consultation with the Secretary, is authorized to make grants 
     to Amtrak for the purpose of making fire and life-safety 
     improvements to Amtrak tunnels on the Northeast Corridor in 
     New York, New Jersey, Maryland, and Washington, DC.
       (b) Authorization of Appropriations.--Out of funds 
     appropriated pursuant to section 1437(b) of this title, there 
     shall be made available to the Secretary of Transportation

[[Page S3431]]

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

     SEC. 1424. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

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

     SEC. 1425. RAIL SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Secretary, through the Under Secretary for Science and 
     Technology and the Assistant Secretary of Homeland Security 
     (Transportation Security Administration), in consultation 
     with the Secretary of Transportation shall carry out a 
     research and development program for the purpose of improving 
     freight and intercity passenger rail security that may 
     include research and development projects to--
       (1) reduce the risk of terrorist attacks on rail 
     transportation, including risks posed by explosives and 
     hazardous chemical, biological, and radioactive substances to 
     intercity rail passengers, facilities, and equipment;
       (2) test new emergency response techniques and 
     technologies;
       (3) develop improved freight rail security technologies, 
     including--
       (A) technologies for sealing rail cars;
       (B) automatic inspection of rail cars;
       (C) communication-based train controls; and
       (D) emergency response training;
       (4) test wayside detectors that can detect tampering with 
     railroad equipment;
       (5) support enhanced security for the transportation of 
     hazardous materials by rail, including--
       (A) technologies to detect a breach in a tank car or other 
     rail car used to transport hazardous materials and transmit 
     information about the integrity of cars to the train crew or 
     dispatcher;
       (B) research to improve tank car integrity, with a focus on 
     tank cars that carry high hazard materials (as defined in 
     section 1411 of this title); and

[[Page S3432]]

       (C) techniques to transfer hazardous materials from rail 
     cars that are damaged or otherwise represent an unreasonable 
     risk to human life or public safety; and
       (6) other projects that address risks identified under 
     section 1421.
       (b) Coordination With Other Research Initiatives.--The 
     Secretary shall ensure that the research and development 
     program authorized by this section is coordinated with other 
     research and development initiatives at the Department of 
     Homeland Security and the Department of Transportation. The 
     Secretary shall carry out any research and development 
     project authorized by this section through a reimbursable 
     agreement with the Secretary of Transportation, if the 
     Secretary of Transportation--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.
       (c) Grants and Accountability.--To carry out the research 
     and development program, the Secretary may award grants to 
     the entities described in section 1424(a) and shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this title and the priorities and other criteria 
     developed by the Secretary.
       (d) Authorization of Appropriations.--
       (1) In general.--Out of funds appropriated pursuant to 
     section 114(w) of title 49, United States Code, as amended by 
     section 1437 of this title, there shall be made available to 
     the Secretary to carry out this section--
       (A) $33,000,000 for fiscal year 2008;
       (B) $33,000,000 for fiscal year 2009; and
       (C) $33,000,000 for fiscal year 2010.
       (2) Availability of appropriated funds.--Amounts 
     appropriated pursuant to paragraph (1) shall remain available 
     until expended.

     SEC. 1426. OVERSIGHT AND GRANT PROCEDURES.

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

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

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

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

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

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

     SEC. 1428. NORTHERN BORDER RAIL PASSENGER REPORT.

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

     SEC. 1429. RAIL WORKER SECURITY TRAINING PROGRAM.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Transportation, appropriate law enforcement, 
     security, and terrorism experts, representatives of railroad 
     carriers and shippers, and nonprofit employee organizations 
     that represent rail workers, shall develop and issue detailed 
     guidance for a rail worker security training program to 
     prepare

[[Page S3433]]

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

     SEC. 1430. WHISTLEBLOWER PROTECTION PROGRAM.

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

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

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

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

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

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

[[Page S3434]]

       (A) catastrophic loss of life;
       (B) significant damage to national security or defense 
     capabilities; or
       (C) national economic harm.
       (2) The term ``catastrophic impact zone'' means the area 
     immediately adjacent to, under, or above an active railroad 
     right-of-way used to ship high hazard materials in which the 
     potential release or explosion of the high hazard material 
     being transported would likely cause--
       (A) loss of life; or
       (B) significant damage to property or structures.
       (3) The term ``rail carrier'' has the meaning given that 
     term by section 10102(5) of title 49, United States Code.

     SEC. 1432. ENFORCEMENT AUTHORITY.

       (a) In General.--Section 114 of title 49, United States 
     Code, as amended by section 902(a) of this title, is further 
     amended by adding at the end the following:
       ``(v) Enforcement of Regulations and Orders of the 
     Secretary of Homeland Security Issued Under This Title.--
       ``(1) Application of subsection.--
       ``(A) In general.--This subsection applies to the 
     enforcement of regulations prescribed, and orders issued, by 
     the Secretary of Homeland Security under a provision of this 
     title other than a provision of chapter 449.
       ``(B) Violations of chapter 449.--The penalties for 
     violations of regulations prescribed, and orders issued, by 
     the Secretary of Homeland Security under chapter 449 of this 
     title are provided under chapter 463 of this title.
       ``(C) Nonapplication to certain violations.--
       ``(i) Paragraphs (2) through (5) of this subsection do not 
     apply to violations of regulations prescribed, and orders 
     issued, by the Secretary of Homeland Security under a 
     provision of this title--

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

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

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

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

     SEC. 1433. RAIL SECURITY ENHANCEMENTS.

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

     SEC. 1434. PUBLIC AWARENESS.

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

     SEC. 1435. RAILROAD HIGH HAZARD MATERIAL TRACKING.

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

     SEC. 1436. UNIFIED CARRIER REGISTRATION SYSTEM PLAN 
                   AGREEMENT.

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

[[Page S3435]]

       (b) Repeal of Section 14504.--Section 14504 of title 49, 
     United States Code, as re-enacted by this Act, is repealed 
     effective on the date on which fees may be collected under 
     section 14504a of title 49, United States Code, pursuant to 
     subsection (a)(2) of this section.

     SEC. 1437. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

     SEC. 1441. HAZARDOUS MATERIALS HIGHWAY ROUTING.

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

     SEC. 1442. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.

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

     SEC. 1443. MEMORANDUM OF AGREEMENT.

       Similar to the other security annexes between the 2 
     departments, within 1 year after

[[Page S3436]]

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

     SEC. 1444. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND 
                   ENFORCEMENT.

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

     SEC. 1445. TRUCK SECURITY ASSESSMENT.

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

     SEC. 1446. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

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

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

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

[[Page S3437]]

     for the obligation and expenditure of amounts made available 
     to the operator under the grant.
       (2) Coordination.--To the extent that an application for a 
     grant under this section proposes security improvements 
     within a specific terminal owned and operated by an entity 
     other than the applicant, the applicant shall demonstrate to 
     the satisfaction of the Secretary that the applicant has 
     coordinated the security improvements for the terminal with 
     that entity.
       (e) Over-the-Road Bus Defined.--In this section, the term 
     ``over-the-road bus'' means a bus characterized by an 
     elevated passenger deck located over a baggage compartment.
       (f) Bus Security Assessment.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Senate Committee on Commerce, Science, and Transportation, 
     the House of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a report in accordance with the 
     requirements of this section.
       (2) Contents of report.--The report shall include--
       (A) an assessment of the over-the-road bus security grant 
     program;
       (B) an assessment of actions already taken to address 
     identified security issues by both public and private 
     entities and recommendations on whether additional safety and 
     security enforcement actions are needed;
       (C) an assessment of whether additional legislation is 
     needed to provide for the security of Americans traveling on 
     over-the-road buses;
       (D) an assessment of the economic impact that security 
     upgrades of buses and bus facilities may have on the over-
     the-road bus transportation industry and its employees;
       (E) an assessment of ongoing research and the need for 
     additional research on over-the-road bus security, including 
     engine shut-off mechanisms, chemical and biological weapon 
     detection technology, and the feasibility of 
     compartmentalization of the driver;
       (F) an assessment of industry best practices to enhance 
     security; and
       (G) an assessment of school bus security, if the Secretary 
     deems it appropriate.
       (3) Consultation with industry, labor, and other groups.--
     In carrying out this section, the Secretary shall consult 
     with over-the-road bus management and labor representatives, 
     public safety and law enforcement officials, and the National 
     Academy of Sciences.
       (g) Funding.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary to carry out this section--
       (A) $12,000,000 for fiscal year 2008;
       (B) $25,000,000 for fiscal year 2009; and
       (C) $25,000,000 for fiscal year 2010.
       (2) Availability of appropriated funds.--Amounts 
     appropriated pursuant to paragraph (1) shall remain available 
     until expended.

     SEC. 1448. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

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

     SEC. 1449. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

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

     SEC. 1450. TECHNICAL CORRECTIONS.

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

     SEC. 1451. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

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

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

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

[[Page S3438]]

     percentage of such sources that are dedicated to improve and 
     maintain security;
       (3)(A) an assessment of the fees, charges, and standards 
     imposed on United States ports, port terminal operators, 
     shippers, carriers, and other persons who use United States 
     ports of entry compared with the fees and charges imposed on 
     Canadian and Mexican ports, Canadian and Mexican port 
     terminal operators, shippers, carriers, and other persons who 
     use Canadian or Mexican ports of entry; and
       (B) an assessment of the impact of such fees, charges, and 
     standards on the competitiveness of United States ports, port 
     terminal operators, railroads, motor carriers, pipelines, 
     other transportation modes, and shippers;
       (4) an assessment of private efforts and investments to 
     secure maritime and surface transportation modes, including 
     those that are operational and those that are planned; and
       (5) the Secretary's recommendations based upon the study, 
     and an assessment of the consistency of such recommendations 
     with the international obligations and commitments of the 
     United States.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' has the meaning 
     given that term by section 2(1) of the SAFE Port Act (6 
     U.S.C. 901(1)).
       (2) Port of entry.--The term ``port of entry'' means any 
     port or other facility through which foreign goods are 
     permitted to enter the customs territory of a country under 
     official supervision.
       (3) Maritime and surface transportation.--The term 
     ``maritime and surface transportation'' includes oceanborne, 
     rail, and vehicular transportation.

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

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

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

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

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

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

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

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

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

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

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

       ``(ii) has been released from incarceration within the 
     preceding 5-year period for committing a felony described in 
     clause (i);
       ``(iii) may be denied admission to the United States or 
     removed from the United States under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.); or
       ``(iv) otherwise poses a terrorism security risk to the 
     United States.
       ``(F) Modification of listed offenses.--The Secretary may, 
     by rulemaking, add or modify the offenses described in 
     paragraph (1)(A) or (B).''.

[[Page S3439]]

       (b) Conforming Amendment.--Section 70101 of title 49, 
     United States Code, is amended--
       (1) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7); and
       (2) by inserting after paragraph (1) the following:
       ``(2) The term `economic disruption' does not include a 
     work stoppage or other employee-related action not related to 
     terrorism and resulting from an employer-employee dispute.''.

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

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

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

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

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

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

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

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

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

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

               Subtitle B--Aviation Security Improvement

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

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

     SEC. 1462. PASSENGER AIRCRAFT CARGO SCREENING.

       (a) In General.--Section 44901 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (2) by inserting after subsection (f) the following:
       ``(g) Air Cargo on Passenger Aircraft.--
       ``(1) In general.--Not later than 3 years after the date of 
     enactment of the Transportation Security and Interoperable 
     Communication Capabilities Act, the Secretary of Homeland 
     Security, acting through the Administrator of the 
     Transportation Security Administration, shall establish a 
     system to screen all cargo transported on passenger aircraft 
     operated by an air carrier or foreign air carrier in air 
     transportation or intrastate air transportation to ensure the 
     security of all such passenger aircraft carrying cargo.
       ``(2) Minimum standards.--The system referred to in 
     paragraph (1) shall require, at a minimum, that the 
     equipment, technology, procedures, personnel, or other 
     methods determined by the Administrator of the Transportation 
     Security Administration, provide a level of security 
     comparable to the level of security in effect for passenger 
     checked baggage.
       ``(3) Regulations.--
       ``(A) Interim final rule.--The Secretary of Homeland 
     Security may issue an interim final rule as a temporary 
     regulation to implement this subsection without regard to the 
     provisions of chapter 5 of title 5.
       ``(B) Final rule.--

[[Page S3440]]

       ``(i) In general.--If the Secretary issues an interim final 
     rule under subparagraph (A), the Secretary shall issue, not 
     later than 1 year after the effective date of the interim 
     final rule, a final rule as a permanent regulation to 
     implement this subsection in accordance with the provisions 
     of chapter 5 of title 5.
       ``(ii) Failure to act.--If the Secretary does not issue a 
     final rule in accordance with clause (i) on or before the 
     last day of the 1-year period referred to in clause (i), the 
     Secretary shall submit a report to the Congress explaining 
     why the final rule was not timely issued and providing an 
     estimate of the earliest date on which the final rule will be 
     issued. The Secretary shall submit the first such report 
     within 10 days after such last day and submit a report to the 
     Congress containing updated information every 60 days 
     thereafter until the final rule is issued.
       ``(iii) Superseding of interim final rule.--The final rule 
     issued in accordance with this subparagraph shall supersede 
     the interim final rule issued under subparagraph (A).
       ``(4) Report.--Not later than 1 year after the date on 
     which the system required by paragraph (1) is established, 
     the Secretary shall transmit a report to Congress that 
     details and explains the system.''.
       (b) Assessment of Exemptions.--
       (1) TSA assessment of exemptions.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, 
     through the Administrator of the Transportation Security 
     Administration, shall submit a report to Congress and to the 
     Comptroller General containing an assessment of each 
     exemption granted under section 44901(i) of title 49, United 
     States Code, for the screening required by section 
     44901(g)(1) of that title for cargo transported on passenger 
     aircraft and an analysis to assess the risk of maintaining 
     such exemption. The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.
       (B) Contents.--The report shall include--
       (i) the rationale for each exemption;
       (ii) a statement of the percentage of cargo that is not 
     screened as a result of each exemption;
       (iii) the impact of each exemption on aviation security;
       (iv) the projected impact on the flow of commerce of 
     eliminating such exemption; and
       (v) a statement of any plans, and the rationale, for 
     maintaining, changing, or eliminating each exemption.
       (2) GAO assessment.--Not later than 120 days after the date 
     on which the report required under paragraph (1) is 
     submitted, the Comptroller General shall review the report 
     and provide to Congress an assessment of the methodology used 
     for determinations made by the Secretary for maintaining, 
     changing, or eliminating an exemption.

     SEC. 1463. BLAST-RESISTANT CARGO CONTAINERS.

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

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

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

     SEC. 1465. IN-LINE BAGGAGE SCREENING.

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

     SEC. 1466. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

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

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

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

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

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

[[Page S3441]]

     SEC. 1469. SPECIALIZED TRAINING.

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

     SEC. 1470. EXPLOSIVE DETECTION AT PASSENGER SCREENING 
                   CHECKPOINTS.

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

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

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

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

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

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

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

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

     SEC. 1473. REPAIR STATION SECURITY.

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

     SEC. 1474. GENERAL AVIATION SECURITY.

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

     SEC. 1475. SECURITY CREDENTIALS FOR AIRLINE CREWS.

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

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

       (a) In General.--
       (1) Increased training capacity.--Within 180 days after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security shall begin to increase the capacity of the 
     Department of Homeland Security's National Explosives 
     Detection Canine Team Program at Lackland Air Force Base to 
     accommodate the training of up to 200 canine

[[Page S3442]]

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

     SEC. 1477. LAW ENFORCEMENT BIOMETRIC CREDENTIAL.

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

     SEC. 1478. EMPLOYEE RETENTION INTERNSHIP PROGRAM.

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

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

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

           Subtitle C--Interoperable Emergency Communications

     SEC. 1481. INTEROPERABLE EMERGENCY COMMUNICATIONS.

       (a) In General.--Section 3006 of Public Law 109-171 (47 
     U.S.C. 309 note) is amended--
       (1) by striking paragraphs (1) and (2) of subsection (a) 
     and inserting the following:
       ``(1) may take such administrative action as is necessary 
     to establish and implement a grant program to assist public 
     safety agencies--
       ``(A) in conducting statewide or regional planning and 
     coordination to improve the interoperability of emergency 
     communications;
       ``(B) in supporting the design and engineering of 
     interoperable emergency communications systems;
       ``(C) in supporting the acquisition or deployment of 
     interoperable communications equipment, software, or systems 
     that improve or advance the interoperability with public 
     safety communications systems;
       ``(D) in obtaining technical assistance and conducting 
     training exercises related to the use of interoperable 
     emergency communications equipment and systems; and
       ``(E) in establishing and implementing a strategic 
     technology reserve to pre-position or secure interoperable 
     communications in advance for immediate deployment in an 
     emergency or major disaster (as defined in section 102(2) of 
     Public Law 93-288 (42 U.S.C. 5122)); and
       ``(2) shall make payments of not to exceed $1,000,000,000, 
     in the aggregate, through fiscal

[[Page S3443]]

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

[[Page S3444]]

     Services, shall establish a joint advisory committee to 
     examine the communications capabilities and needs of 
     emergency medical care facilities. The joint advisory 
     committee shall be composed of individuals with expertise in 
     communications technologies and emergency medical care, 
     including representatives of Federal, State and local 
     governments, industry and non-profit health organizations, 
     and academia and educational institutions.
       (2) Duties.--The joint advisory committee shall--
       (A) assess specific communications capabilities and needs 
     of emergency medical care facilities, including the including 
     improvement of basic voice, data, and broadband capabilities;
       (B) assess options to accommodate growth of basic and 
     emerging communications services used by emergency medical 
     care facilities;
       (C) assess options to improve integration of communications 
     systems used by emergency medical care facilities with 
     existing or future emergency communications networks; and
       (D) report its findings to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Energy and Commerce, within 6 
     months after the date of enactment of this Act.
       (d) Authorization of Emergency Medical Communications Pilot 
     Projects.--
       (1) In general.--The Assistant Secretary of Commerce for 
     Communications and Information may establish not more than 10 
     geographically dispersed project grants to emergency medical 
     care facilities to improve the capabilities of emergency 
     communications systems in emergency medical care facilities.
       (2) Maximum amount.--The Assistant Secretary may not 
     provide more than $2,000,000 in Federal assistance under the 
     pilot program to any applicant.
       (3) Cost sharing.--The Assistant Secretary may not provide 
     more than 50 percent of the cost, incurred during the period 
     of the grant, of any project under the pilot program.
       (4) Maximum period of grants.--The Assistant Secretary may 
     not fund any applicant under the pilot program for more than 
     3 years.
       (5) Deployment and distribution.--The Assistant Secretary 
     shall seek to the maximum extent practicable to ensure a 
     broad geographic distribution of project sites.
       (6) Transfer of information and knowledge.--The Assistant 
     Secretary shall establish mechanisms to ensure that the 
     information and knowledge gained by participants in the pilot 
     program are transferred among the pilot program participants 
     and to other interested parties, including other applicants 
     that submitted applications.

     SEC. 1482. RULE OF CONSTRUCTION.

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

     ``SEC. 699B. RULE OF CONSTRUCTION.

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

     SEC. 1483. CROSS BORDER INTEROPERABILITY REPORTS.

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

     SEC. 1484. EXTENSION OF SHORT QUORUM.

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

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

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

          TITLE XV--PUBLIC TRANSPORTATION TERRORISM PREVENTION

     SEC. 1501. SHORT TITLE.

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

     SEC. 1502. FINDINGS.

       Congress finds that--
       (1) 182 public transportation systems throughout the world 
     have been primary target of terrorist attacks;
       (2) more than 6,000 public transportation agencies operate 
     in the United States;
       (3) people use public transportation vehicles 33,000,000 
     times each day;
       (4) the Federal Transit Administration has invested 
     $84,800,000,000 since 1992 for construction and improvements;

[[Page S3445]]

       (5) the Federal Government appropriately invested nearly 
     $24,000,000,000 in fiscal years 2002 through 2006 to protect 
     our Nation's aviation system;
       (6) the Federal Government has allocated $386,000,000 in 
     fiscal years 2003 through 2006 to protect public 
     transportation systems in the United States; and
       (7) the Federal Government has invested $7.53 in aviation 
     security improvements per passenger boarding, but only $0.008 
     in public transportation security improvements per passenger 
     boarding.

     SEC. 1503. SECURITY ASSESSMENTS.

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

     SEC. 1504. SECURITY ASSISTANCE GRANTS.

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

     SEC. 1505. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.

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

[[Page S3446]]

       (e) Updates.--
       (1) In general.--The Secretary shall update the training 
     regulations issued under subsection (a) from time to time to 
     reflect new or different security threats, and require public 
     transportation systems to revise their programs accordingly 
     and provide additional training to their workers.
       (2) Program revisions.--Each public transit operator shall 
     revise their program in accordance with any regulations under 
     paragraph (1) and provide additional training to their front-
     line workers within a reasonable time after the regulations 
     are updated.

     SEC. 1506. INTELLIGENCE SHARING.

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

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

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

     SEC. 1508. REPORTING REQUIREMENTS.

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

     SEC. 1509. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 1510. SUNSET PROVISION.

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

                  TITLE XVI--MISCELLANEOUS PROVISIONS

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

       (a) Establishment and Succession.--Section 103 of the 
     Homeland Security Act of 2002 (6 U.S.C. 113) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``Deputy 
     Secretary'' and inserting ``Deputy Secretaries'';
       (B) by striking paragraph (6);
       (C) by redesignating paragraphs (2) through (5) as 
     paragraphs (3) through (6), respectively; and
       (D) by striking paragraph (1) and inserting the following:
       ``(1) A Deputy Secretary of Homeland Security.
       ``(2) A Deputy Secretary of Homeland Security for 
     Management.''; and
       (2) by adding at the end the following:
       ``(g) Vacancies.--
       ``(1) Vacancy in office of secretary.--
       ``(A) Deputy secretary.--In case of a vacancy in the office 
     of the Secretary, or of the absence or disability of the 
     Secretary, the Deputy Secretary of Homeland Security may 
     exercise all the duties of that office, and for the purpose 
     of section 3345 of title 5, United States Code, the Deputy 
     Secretary of Homeland Security is the first assistant to the 
     Secretary.
       ``(B) Deputy secretary for management.--When by reason of 
     absence, disability, or vacancy in office, neither the 
     Secretary nor the Deputy Secretary of Homeland Security is 
     available to exercise the duties of the office of the 
     Secretary, the Deputy Secretary of Homeland Security for 
     Management shall act as Secretary.
       ``(2) Vacancy in office of deputy secretary.--In the case 
     of a vacancy in the office of the Deputy Secretary of 
     Homeland Security, or of the absence or disability of the 
     Deputy Secretary of Homeland Security, the Deputy Secretary 
     of Homeland Security for Management may exercise all the 
     duties of that office.
       ``(3) Further order of succession.--The Secretary may 
     designate such other officers of the Department in further 
     order of succession to act as Secretary.''.
       (b) Responsibilities.--Section 701 of the Homeland Security 
     Act of 2002 (6 U.S.C. 341) is amended--
       (1) in the section heading, by striking ``UNDER SECRETARY'' 
     and inserting ``DEPUTY SECRETARY OF HOMELAND SECURITY'';
       (2) in subsection (a)--
       (A) by inserting ``The Deputy Secretary of Homeland 
     Security for Management shall serve as the Chief Management 
     Officer and principal advisor to the Secretary on matters 
     related to the management of the Department, including 
     management integration and transformation in support of 
     homeland security operations and programs.'' before ``The 
     Secretary'';
       (B) by striking ``Under Secretary for Management'' and 
     inserting ``Deputy Secretary of Homeland Security for 
     Management'';
       (C) by striking paragraph (7) and inserting the following:
       ``(7) Strategic planning and annual performance planning 
     and identification and tracking of performance measures 
     relating to the responsibilities of the Department.''; and
       (D) by striking paragraph (9), and inserting the following:
       ``(9) The integration and transformation process, to ensure 
     an efficient and orderly consolidation of functions and 
     personnel to the Department, including the development of a 
     management integration strategy for the Department.''; and
       (3) in subsection (b)--
       (A) in paragraph (1), by striking ``Under Secretary for 
     Management'' and inserting ``Deputy Secretary of Homeland 
     Security for Management''; and
       (B) in paragraph (2), by striking ``Under Secretary for 
     Management'' and inserting ``Deputy Secretary of Homeland 
     Security for Management''.
       (c) Appointment, Evaluation, and Reappointment.--Section 
     701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is 
     amended by adding at the end the following:
       ``(c) Appointment, Evaluation, and Reappointment.--The 
     Deputy Secretary of Homeland Security for Management--
       ``(1) shall be appointed by the President, by and with the 
     advice and consent of the Senate, from among persons who 
     have--

[[Page S3447]]

       ``(A) extensive executive level leadership and management 
     experience in the public or private sector;
       ``(B) strong leadership skills;
       ``(C) a demonstrated ability to manage large and complex 
     organizations; and
       ``(D) a proven record in achieving positive operational 
     results;
       ``(2) shall--
       ``(A) serve for a term of 5 years; and
       ``(B) be subject to removal by the President if the 
     President--
       ``(i) finds that the performance of the Deputy Secretary of 
     Homeland Security for Management is unsatisfactory; and
       ``(ii) communicates the reasons for removing the Deputy 
     Secretary of Homeland Security for Management to Congress 
     before such removal;
       ``(3) may be reappointed in accordance with paragraph (1), 
     if the Secretary has made a satisfactory determination under 
     paragraph (5) for the 3 most recent performance years;
       ``(4) shall enter into an annual performance agreement with 
     the Secretary that shall set forth measurable individual and 
     organizational goals; and
       ``(5) shall be subject to an annual performance evaluation 
     by the Secretary, who shall determine as part of each such 
     evaluation whether the Deputy Secretary of Homeland Security 
     for Management has made satisfactory progress toward 
     achieving the goals set out in the performance agreement 
     required under paragraph (4).''.
       (d) Incumbent.--The individual who serves in the position 
     of Under Secretary for Management of the Department of 
     Homeland Security on the date of enactment of this Act--
       (1) may perform all the duties of the Deputy Secretary of 
     Homeland Security for Management at the pleasure of the 
     President, until a Deputy Secretary of Homeland Security for 
     Management is appointed in accordance with subsection (c) of 
     section 701 of the Homeland Security Act of 2002 (6 U.S.C. 
     341), as added by this Act; and
       (2) may be appointed Deputy Secretary of Homeland Security 
     for Management, if such appointment is otherwise in 
     accordance with sections 103 and 701 of the Homeland Security 
     Act of 2002 (6 U.S.C. 113 and 341), as amended by this Act.
       (e) References.--References in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or relating to the Under 
     Secretary for Management of the Department of Homeland 
     Security shall be deemed to refer to the Deputy Secretary of 
     Homeland Security for Management.
       (f) Technical and Conforming Amendments.--
       (1) Other reference.--Section 702(a) of the Homeland 
     Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking 
     ``Under Secretary for Management'' and inserting ``Deputy 
     Secretary of Homeland Security for Management''.
       (2) Table of contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) 
     is amended by striking the item relating to section 701 and 
     inserting the following:

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

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

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

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

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

     SEC. 1604. REPORT REGARDING BORDER SECURITY.

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

     SEC. 1605. LAW ENFORCEMENT ASSISTANCE FORCE.

       (a) Establishment.--The Secretary shall establish a Law 
     Enforcement Assistance Force to facilitate the contributions 
     of retired law enforcement officers and agents during major 
     disasters.
       (b) Eligible Participants.--An individual may participate 
     in the Law Enforcement Assistance Force if that individual--
       (1) has experience working as an officer or agent for a 
     public law enforcement agency and left that agency in good 
     standing;
       (2) holds current certifications for firearms, first aid, 
     and such other skills determined necessary by the Secretary;
       (3) submits to the Secretary an application, at such time, 
     in such manner, and accompanied by such information as the 
     Secretary may reasonably require, that authorizes the 
     Secretary to review the law enforcement service record of 
     that individual; and
       (4) meets such other qualifications as the Secretary may 
     require.
       (c) Liability; Supervision.--Each eligible participant 
     shall, upon acceptance of an assignment under this section--
       (A) be detailed to a Federal, State, or local government 
     law enforcement agency; and
       (B) work under the direct supervision of an officer or 
     agent of that agency.
       (d) Mobilization.--
       (1) In general.--In the event of a major disaster, the 
     Secretary, after consultation with appropriate Federal, 
     State, and local government law enforcement agencies, may 
     request eligible participants to volunteer to assist the 
     efforts of those agencies responding to such emergency and 
     assign each willing participant to a specific law enforcement 
     agency.
       (2) Acceptance.--If the eligible participant accepts an 
     assignment under this subsection, that eligible participant 
     shall agree to remain in such assignment for a period equal 
     to not less than the shorter of--
       (A) the period during which the law enforcement agency 
     needs the services of such participant;

[[Page S3448]]

       (B) 30 days;
       (C) such other period of time agreed to between the 
     Secretary and the eligible participant.
       (3) Refusal.--An eligible participant may refuse an 
     assignment under this subsection without any adverse 
     consequences.
       (e) Expenses.--
       (1) In general.--Each eligible participant shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while carrying out an assignment under subsection (d).
       (2) Source of funds.--Expenses incurred under paragraph (1) 
     shall be paid from amounts appropriated to the Federal 
     Emergency Management Agency.
       (f) Termination of Assistance.--The availability of 
     eligible participants of the Law Enforcement Assistance Force 
     shall continue for a period equal to the shorter of--
       (1) the period of the major disaster; or
       (2) 1 year.
       (g) Definitions.--In this section--
       (1) the term ``eligible participant'' means an individual 
     participating in the Law Enforcement Assistance Force;
       (2) the term ``Law Enforcement Assistance Force'' means the 
     Law Enforcement Assistance Force established under subsection 
     (a); and
       (3) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 1606. QUADRENNIAL HOMELAND SECURITY REVIEW.

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

     SEC. 1607. INTEGRATION OF DETECTION EQUIPMENT AND 
                   TECHNOLOGIES.

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

                     TITLE XVII--911 MODERNIZATION

     SEC. 1701. SHORT TITLE.

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

     SEC. 1702. FUNDING FOR PROGRAM.

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

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

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

     TITLE XVIII--MODERNIZATION OF THE AMERICAN NATIONAL RED CROSS

     SEC. 1801. SHORT TITLE.

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

     SEC. 1802. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) Substantive changes to the Congressional Charter of The 
     American National Red Cross have not been made since 1947.
       (2) In February 2006, the board of governors of The 
     American National Red Cross (the ``Board of Governors'') 
     commissioned an independent review and analysis of the Board 
     of Governors' role, composition, size, relationship with 
     management, governance relationship with chartered units of 
     The American National Red Cross, and whistleblower and audit 
     functions.
       (3) In an October 2006 report of the Board of Governors, 
     entitled ``American Red Cross Governance for the 21st 
     Century'' (the ``Governance Report''), the Board of Governors 
     recommended changes to the Congressional Charter, bylaws, and 
     other governing documents of The American National Red Cross 
     to modernize and enhance the effectiveness of the Board of 
     Governors and governance structure of The American National 
     Red Cross.
       (4) It is in the national interest to create a more 
     efficient governance structure of The American National Red 
     Cross and to enhance the Board of Governors' ability to 
     support the critical mission of The American National Red 
     Cross in the 21st century.
       (5) It is in the national interest to clarify the role of 
     the Board of Governors as a governance and strategic 
     oversight board and for The American National Red Cross to 
     amend its bylaws, consistent with the recommendations 
     described in the Governance Report, to clarify the role of 
     the Board of Governors and to outline the areas of its 
     responsibility, including--
       (A) reviewing and approving the mission statement for The 
     American National Red Cross;
       (B) approving and overseeing the corporation's strategic 
     plan and maintaining strategic oversight of operational 
     matters;
       (C) selecting, evaluating, and determining the level of 
     compensation of the corporation's chief executive officer;
       (D) evaluating the performance and establishing the 
     compensation of the senior leadership team and providing for 
     management succession;
       (E) overseeing the financial reporting and audit process, 
     internal controls, and legal compliance;
       (F) holding management accountable for performance;

[[Page S3449]]

       (G) providing oversight of the financial stability of the 
     corporation;
       (H) ensuring the inclusiveness and diversity of the 
     corporation;
       (I) providing oversight of the protection of the brand of 
     the corporation; and
       (J) assisting with fundraising on behalf of the 
     corporation.
       (6)(A) The selection of members of the Board of Governors 
     is a critical component of effective governance for The 
     American National Red Cross, and, as such, it is in the 
     national interest that The American National Red Cross amend 
     its bylaws to provide a method of selection consistent with 
     that described in the Governance Report.
       (B) The new method of selection should replace the current 
     process by which--
       (i) 30 chartered unit-elected members of the Board of 
     Governors are selected by a non-Board committee which 
     includes 2 members of the Board of Governors and other 
     individuals elected by the chartered units themselves;
       (ii) 12 at-large members of the Board of Governors are 
     nominated by a Board committee and elected by the Board of 
     Governors; and
       (iii) 8 members of the Board of Governors are appointed by 
     the President of the United States.
       (C) The new method of selection described in the Governance 
     Report reflects the single category of members of the Board 
     of Governors that will result from the implementation of this 
     title:
       (i) All Board members (except for the chairman of the Board 
     of Governors) would be nominated by a single committee of the 
     Board of Governors taking into account the criteria outlined 
     in the Governance Report to assure the expertise, skills, and 
     experience of a governing board.
       (ii) The nominated members would be considered for approval 
     by the full Board of Governors and then submitted to The 
     American National Red Cross annual meeting of delegates for 
     election, in keeping with the standard corporate practice 
     whereby shareholders of a corporation elect members of a 
     board of directors at its annual meeting.
       (7) The United States Supreme Court held The American 
     National Red Cross to be an instrumentality of the United 
     States, and it is in the national interest that the 
     Congressional Charter confirm that status and that any 
     changes to the Congressional Charter do not affect the rights 
     and obligations of The American National Red Cross to carry 
     out its purposes.
       (8) Given the role of The American National Red Cross in 
     carrying out its services, programs, and activities, and 
     meeting its various obligations, the effectiveness of The 
     American National Red Cross will be promoted by the creation 
     of an organizational ombudsman who--
       (A) will be a neutral or impartial dispute resolution 
     practitioner whose major function will be to provide 
     confidential and informal assistance to the many internal and 
     external stakeholders of The American National Red Cross;
       (B) will report to the chief executive officer and the 
     audit committee of the Board of Governors; and
       (C) will have access to anyone and any documents in The 
     American National Red Cross.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) charitable organizations are an indispensable part of 
     American society, but these organizations can only fulfill 
     their important roles by maintaining the trust of the 
     American public;
       (2) trust is fostered by effective governance and 
     transparency, which are the principal goals of the 
     recommendations of the Board of Governors in the Governance 
     Report and this title;
       (3) Federal and State action play an important role in 
     ensuring effective governance and transparency by setting 
     standards, rooting out violations, and informing the public; 
     and
       (4) while The American National Red Cross is and will 
     remain a Federally chartered instrumentality of the United 
     States, and it has the rights and obligations consistent with 
     that status, The American National Red Cross nevertheless 
     should maintain appropriate communications with State 
     regulators of charitable organizations and should cooperate 
     with them as appropriate in specific matters as they arise 
     from time to time.

     SEC. 1803. ORGANIZATION.

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

     SEC. 1804. PURPOSES.

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

     SEC. 1805. MEMBERSHIP AND CHAPTERS.

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

     SEC. 1806. BOARD OF GOVERNORS.

       Section 300104 of title 36, United States Code, is amended 
     to read as follows:

     ``Sec. 300104. Board of governors

       ``(a) Board of Governors.--
       ``(1) In general.--The board of governors is the governing 
     body of the corporation with all powers of governing and 
     directing, and of overseeing the management of the business 
     and affairs of, the corporation.
       ``(2) Number.--The board of governors shall fix by 
     resolution, from time to time, the number of members 
     constituting the entire board of governors, provided that--
       ``(A) as of March 31, 2009, and thereafter, there shall be 
     no fewer than 12 and no more than 25 members; and
       ``(B) as of March 31, 2012, and thereafter, there shall be 
     no fewer than 12 and no more than 20 members constituting the 
     entire board.
     Procedures to implement the preceding sentence shall be 
     provided in the bylaws.
       ``(3) Appointment.--The governors shall be appointed or 
     elected in the following manner:
       ``(A) Chairman.--
       ``(i) In general.--The board of governors, in accordance 
     with procedures provided in the bylaws, shall recommend to 
     the President an individual to serve as chairman of the board 
     of governors. If such recommendation is approved by the 
     President, the President shall appoint such individual to 
     serve as chairman of the board of governors.
       ``(ii) Vacancies.--Vacancies in the office of the chairman, 
     including vacancies resulting from the resignation, death, or 
     removal by the President of the chairman, shall be filled in 
     the same manner described in clause (i).
       ``(iii) Duties.--The chairman shall be a member of the 
     board of governors and, when present, shall preside at 
     meetings of the board of governors and shall have such other 
     duties and responsibilities as may be provided in the bylaws 
     or a resolution of the board of governors.
       ``(B) Other members.--
       ``(i) In general.--Members of the board of governors other 
     than the chairman shall be elected at the annual meeting of 
     the corporation in accordance with such procedures as may be 
     provided in the bylaws.
       ``(ii) Vacancies.--Vacancies in any such elected board 
     position and in any newly created board position may be 
     filled by a vote of the remaining members of the board of 
     governors in accordance with such procedures as may be 
     provided in the bylaws.
       ``(b) Terms of Office.--
       ``(1) In general.--The term of office of each member of the 
     board of governors shall be 3 years, except that--
       ``(A) the board of governors may provide under the bylaws 
     that the terms of office of members of the board of governors 
     elected to the board of governors before March 31, 2012, may 
     be less than 3 years in order to implement the provisions of 
     subparagraphs (A) and (B) of subsection (a)(2); and
       ``(B) any member of the board of governors elected by the 
     board to fill a vacancy in a board position arising before 
     the expiration of its term may, as determined by the board, 
     serve for the remainder of that term or until the next annual 
     meeting of the corporation.
       ``(2) Staggered terms.--The terms of office of members of 
     the board of governors (other than the chairman) shall be 
     staggered such that, by March 31, 2012, and thereafter, \1/3\ 
     of the entire board (or as near to \1/3\ as practicable) 
     shall be elected at each successive annual meeting of the 
     corporation with the term of office of each member of the 
     board of governors elected at an annual meeting expiring at 
     the third annual meeting following the annual meeting at 
     which such member was elected.
       ``(3) Term limits.--No person may serve as a member of the 
     board of governors for more than such number of terms of 
     office or years as may be provided in the bylaws.
       ``(c) Committees and Officers.--The board--
       ``(1) may appoint, from its own members, an executive 
     committee to exercise such powers of the board when the board 
     is not in session as may be provided in the bylaws;
       ``(2) may appoint such other committees or advisory 
     councils with such powers as may be provided in the bylaws or 
     a resolution of the board of governors;
       ``(3) shall appoint such officers of the corporation, 
     including a chief executive officer, with such duties, 
     responsibilities, and terms of office as may be provided in 
     the bylaws or a resolution of the board of governors; and
       ``(4) may remove members of the board of governors (other 
     than the chairman), officers, and employees under such 
     procedures as may be provided in the bylaws or a resolution 
     of the board of governors.
       ``(d) Advisory Council.--
       ``(1) Establishment.--There shall be an advisory council to 
     the board of governors.
       ``(2) Membership; appointment by president.--

[[Page S3450]]

       ``(A) In general.--The advisory council shall be composed 
     of no fewer than 8 and no more than 10 members, each of whom 
     shall be appointed by the President from principal officers 
     of the executive departments and senior officers of the Armed 
     Forces whose positions and interests qualify them to 
     contribute to carrying out the programs and purposes of the 
     corporation.
       ``(B) Members from the armed forces.--At least 1, but not 
     more than 3, of the members of the advisory council shall be 
     selected from the Armed Forces.
       ``(3) Duties.--The advisory council shall advise, report 
     directly to, and meet, at least 1 time per year with the 
     board of governors, and shall have such name, functions and 
     be subject to such procedures as may be provided in the 
     bylaws.
       ``(e) Action Without Meeting.--Any action required or 
     permitted to be taken at any meeting of the board of 
     governors or of any committee thereof may be taken without a 
     meeting if all members of the board or committee, as the case 
     may be, consent thereto in writing, or by electronic 
     transmission and the writing or writings or electronic 
     transmission or transmissions are filed with the minutes of 
     proceedings of the board or committee. Such filing shall be 
     in paper form if the minutes are maintained in paper form and 
     shall be in electronic form if the minutes are maintained in 
     electronic form.
       ``(f) Voting by Proxy.--
       ``(1) In general.--Voting by proxy is not allowed at any 
     meeting of the board, at the annual meeting, or at any 
     meeting of a chapter.
       ``(2) Exception.--The board may allow the election of 
     governors by proxy during any emergency.
       ``(g) Bylaws.--
       ``(1) In general.--The board of governors may--
       ``(A) at any time adopt bylaws; and
       ``(B) at any time adopt bylaws to be effective only in an 
     emergency.
       ``(2) Emergency bylaws.--Any bylaws adopted pursuant to 
     paragraph (1)(B) may provide special procedures necessary for 
     managing the corporation during the emergency. All provisions 
     of the regular bylaws consistent with the emergency bylaws 
     remain effective during the emergency.
       ``(h) Definitions.--For purposes of this section--
       ``(1) the term `entire board' means the total number of 
     members of the board of governors that the corporation would 
     have if there were no vacancies; and
       ``(2) the term `emergency' shall have such meaning as may 
     be provided in the bylaws.''.

     SEC. 1807. POWERS.

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

     SEC. 1808. ANNUAL MEETING.

       Section 300107 of title 36, United States Code, is amended 
     to read as follows:

     ``Sec. 300107. Annual meeting

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

     SEC. 1809. ENDOWMENT FUND.

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

     SEC. 1810. ANNUAL REPORT AND AUDIT.

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

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

       (a) In General.--Chapter 3001 of title 36, United States 
     Code, is amended by redesignating section 300111 as section 
     300113 and by inserting after section 300110 the following 
     new sections:

     ``Sec. 300111. Authority of the Comptroller General of the 
       United States

       ``The Comptroller General of the United States is 
     authorized to review the corporation's involvement in any 
     Federal program or activity the Government carries out under 
     law.

     ``Sec. 300112. Office of the Ombudsman

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

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

              TITLE XIX--ADVANCEMENT OF DEMOCRATIC VALUES

     SEC. 1901. SHORT TITLE.

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

     SEC. 1902. FINDINGS.

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

     SEC. 1903. STATEMENT OF POLICY.

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

     SEC. 1904. DEFINITIONS.

       In this title:
       (1) Annual report on advancing freedom and democracy.--The 
     term ``Annual Report on Advancing Freedom and Democracy'' 
     refers to the annual report submitted to Congress by the 
     Department of State pursuant to section 665(c) of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (Public Law 
     107-228; 22 U.S.C. 2151n note), in which the Department 
     reports on actions taken by the United States Government to 
     encourage respect for human rights and democracy.

[[Page S3451]]

       (2) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of State for Democracy, Human 
     Rights, and Labor.
       (3) Community of democracies and community.--The terms 
     ``Community of Democracies'' and ``Community'' mean the 
     association of democratic countries committed to the global 
     promotion of democratic principles, practices, and values, 
     which held its First Ministerial Conference in Warsaw, 
     Poland, in June 2000.
       (4) Department.--The term ``Department'' means the 
     Department of State.
       (5) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of State for Democracy and Global 
     Affairs.

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

     SEC. 1911. DEMOCRACY LIAISON OFFICERS.

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

     SEC. 1912. DEMOCRACY FELLOWSHIP PROGRAM.

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

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

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

      Subtitle B--Annual Report on Advancing Freedom and Democracy

     SEC. 1921. ANNUAL REPORT.

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

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

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

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

     SEC. 1931. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.

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

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

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

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

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

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

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

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

     SEC. 1943. PROMOTIONS.

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

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

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

[[Page S3452]]

            Subtitle E--Alliances With Democratic Countries

     SEC. 1951. ALLIANCES WITH DEMOCRATIC COUNTRIES.

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

             Subtitle F--Funding for Promotion of Democracy

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

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

     SEC. 1962. THE HUMAN RIGHTS AND DEMOCRACY FUND.

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

                          ____________________