<PRE>[From the U.S. Government Printing Office via GPO Access]
[DOCID: h1eas.txt]
[Engrossed Amendment Senate]
F6652

I20I20I20I20I20I20I20I20I20I20

I90HR 1 EAS
I02In the Senate of the United States,
I03July 9, 2007.
I04T3Resolved, T1That the bill from the House of Representatives (H.R. 1) entitled ``An Act to provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.'', do pass with the following
I29T3AMENDMENT:

S6201
I13Strike out all after the enacting clause and insert:

S6203
I72SECTION 1. SHORT TITLE.
I20This Act may be cited as the ``Improving America's Security Act of 2007''.
I72SEC. 2. DEFINITIONS.
I20In this Act:
I22(1) T4DepartmentK._The term ``Department'' means the Department of Homeland Security.
I22(2) T4SecretaryK._The term ``Secretary'' means the Secretary of Homeland Security.
I72SEC. 3. TABLE OF CONTENTS.
I20The table of contents for this Act is as follows:
Q10

S6213
I42Sec.1.Short title.
I42Sec.2.Definitions.
I42Sec.3.Table of contents.
I74TITLE I_IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
I74T1Subtitle A_Homeland Security Information Sharing Enhancement
I42Sec.111.Homeland Security Advisory System and information sharing.
I42Sec.112.Information sharing.
I42Sec.113.Intelligence training development for State and local government officials.
I42Sec.114.Information sharing incentives.
I74T1Subtitle B_Homeland Security Information Sharing Partnerships
I42Sec.121.State, Local, and Regional Fusion Center Initiative.
I42Sec.122.Homeland Security Information Sharing Fellows Program.
I42Sec.123.Rural Policing Institute.
I74T1Subtitle C_Interagency Threat Assessment and Coordination Group
I42Sec.131.Interagency Threat Assessment and Coordination Group.
I74TITLE II_HOMELAND SECURITY GRANTS
I42Sec.201.Short title.
I42Sec.202.Homeland Security Grant Program.
I42Sec.203.Equipment technical assistance training.
I42Sec.204.Technical and conforming amendments.
I74TITLE III_COMMUNICATIONS OPERABILITY AND INTEROPERABILITY
I42Sec.301.Dedicated funding to achieve emergency communications operability and interoperable communications.
I42Sec.302.Border Interoperability Demonstration Project.
I74TITLE IV_EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM
I42Sec.401.Emergency Management Performance Grants Program.
I74TITLE V_ENHANCING SECURITY OF INTERNATIONAL TRAVEL
I42Sec.501.Modernization of the visa waiver program.
I42Sec.502.Strengthening the capabilities of the Human Smuggling and Trafficking Center.
I42Sec.503.Enhancements to the Terrorist Travel Program.
I42Sec.504.Enhanced driver's license.
I42Sec.505.Western Hemisphere Travel Initiative.
I42Sec.506.Model ports-of-entry.
I74TITLE VI_PRIVACY AND CIVIL LIBERTIES MATTERS
I42Sec.601.Modification of authorities relating to Privacy and Civil Liberties Oversight Board.
I42Sec.602.Privacy and civil liberties officers.
I42Sec.603.Department Privacy Officer.
I42Sec.604.Federal Agency Data Mining Reporting Act of 2007.
I74TITLE VII_ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION
I42Sec.701.National Biosurveillance Integration Center.
I42Sec.702.Biosurveillance efforts.
I42Sec.703.Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction.
I74TITLE VIII_PRIVATE SECTOR PREPAREDNESS
I42Sec.801.Definitions.
I42Sec.802.Responsibilities of the private sector office of the department.
I42Sec.803.Voluntary national preparedness standards compliance; accreditation and certification program for the private sector.
I42Sec.804.Sense of Congress regarding promoting an international standard for private sector preparedness.
I42Sec.805.Demonstration project.
I42Sec.806.Report to Congress.
I42Sec.807.Rule of construction.
I74TITLE IX_TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
I42Sec.901.Transportation security strategic planning.
I42Sec.902.Transportation security information sharing.
I42Sec.903.Transportation Security Administration personnel management.
I42Sec.904.Appeal rights and employee engagement mechanism for passenger and property screeners.
I42Sec.905.Plan for 100 percent scanning of cargo containers.
I74TITLE X_INCIDENT COMMAND SYSTEM
I42Sec.1001.Preidentifying and evaluating multijurisdictional facilities to strengthen incident command; private sector preparedness.
I42Sec.1002.Credentialing and typing to strengthen incident command.
I74TITLE XI_CRITICAL INFRASTRUCTURE PROTECTION
I42Sec.1101.Critical infrastructure protection.
I42Sec.1102.Risk assessment and report.
I42Sec.1103.Use of existing capabilities.
I42Sec.1104.Priorities and allocations.
I74TITLE XII_CONGRESSIONAL OVERSIGHT OF INTELLIGENCE
I42Sec.1201.Availability to public of certain intelligence funding information.
I42Sec.1202.Response of intelligence community to requests from Congress.
I42Sec.1203.Public Interest Declassification Board.
I42Sec.1204.Sense of the Senate regarding a report on the 9/11 Commission recommendations with respect to intelligence reform and congressional intelligence oversight reform.
I42Sec.1205.Availability of funds for the Public Interest Declassification Board.
I42Sec.1206.Availability of the Executive Summary of the Report on Central Intelligence Agency Accountability Regarding the Terrorist Attacks of September 11, 2001.
I74TITLE XIII_INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES
I42Sec.1301.Promoting antiterrorism capabilities through international cooperation.
I42Sec.1302.Transparency of funds.
I74TITLE XIV_TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES
I42Sec.1401.Short title.
I74T1Subtitle A_Surface Transportation and Rail Security
I42Sec.1411.Definition.
I74PART I_Improved Rail Security
I42Sec.1421.Rail transportation security risk assessment.
I42Sec.1422.Systemwide Amtrak security upgrades.
I42Sec.1423.Fire and life-safety improvements.
I42Sec.1424.Freight and passenger rail security upgrades.
I42Sec.1425.Rail security research and development.
I42Sec.1426.Oversight and grant procedures.
I42Sec.1427.Amtrak plan to assist families of passengers involved in rail passenger accidents.
I42Sec.1428.Northern border rail passenger report.
I42Sec.1429.Rail worker security training program.
I42Sec.1430.Whistleblower protection program.
I42Sec.1431.High hazard material security risk mitigation plans.
I42Sec.1432.Enforcement authority.
I42Sec.1433.Rail security enhancements.
I42Sec.1434.Public awareness.
I42Sec.1435.Railroad high hazard material tracking.
I42Sec.1436.Unified carrier registration system plan agreement.
I42Sec.1437.Authorization of appropriations.
I42Sec.1438.Applicability of District of Columbia law to certain Amtrak contracts.
I74PART II_Improved Motor Carrier, Bus, and Hazardous Material Security
I42Sec.1441.Hazardous materials highway routing.
I42Sec.1442.Motor carrier high hazard material tracking.
I42Sec.1443.Memorandum of agreement.
I42Sec.1444.Hazardous materials security inspections and enforcement.
I42Sec.1445.Truck security assessment.
I42Sec.1446.National public sector response system.
I42Sec.1447.Over-the-road bus security assistance.
I42Sec.1448.Pipeline security and incident recovery plan.
I42Sec.1449.Pipeline security inspections and enforcement.
I42Sec.1450.Technical corrections.
I42Sec.1451.Certain personnel limitations not to apply.
I42Sec.1452.Maritime and surface transportation security user fee study.
I42Sec.1453.DHS Inspector General report on Highway Watch grant program.
I42Sec.1454.Prohibition of issuance of transportation security cards to convicted felons.
I42Sec.1455.Prohibition of issuance of transportation security cards to convicted felons.
I74T1Subtitle B_Aviation Security Improvement
I42Sec.1461.Extension of authorization for aviation security funding.
I42Sec.1462.Passenger aircraft cargo screening.
I42Sec.1463.Blast-resistant cargo containers.
I42Sec.1464.Protection of air cargo on passenger planes from explosives.
I42Sec.1465.In-line baggage screening.
I42Sec.1466.Enhancement of in-line baggage system deployment.
I42Sec.1467.Research and development of aviation transportation security technology.
I42Sec.1468.Certain TSA personnel limitations not to apply.
I42Sec.1469.Specialized training.
I42Sec.1470.Explosive detection at passenger screening checkpoints.
I42Sec.1471.Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight.
I42Sec.1472.Strategic plan to test and implement advanced passenger prescreening system.
I42Sec.1473.Repair station security.
I42Sec.1474.General aviation security.
I42Sec.1475.Security credentials for airline crews.
I42Sec.1476.National explosives detection canine team training center.
I42Sec.1477.Law enforcement biometric credential.
I42Sec.1478.Employee retention internship program.
I42Sec.1479.Pilot project to reduce the number of transportation security officers at airport exit lanes.

I74T1Subtitle C_Interoperable Emergency Communications
I42Sec.1481.Interoperable emergency communications.
I42Sec.1482.Rule of construction.
I42Sec.1483.Cross border interoperability reports.
I42Sec.1484.Extension of short quorum.
I42Sec.1485.Requiring reports to be submitted to certain committees.
I74TITLE XV_PUBLIC TRANSPORTATION TERRORISM PREVENTION
I42Sec.1501.Short title.
I42Sec.1502.Findings.
I42Sec.1503.Security assessments.
I42Sec.1504.Security assistance grants.
I42Sec.1505.Public transportation security training program.
I42Sec.1506.Intelligence sharing.
I42Sec.1507.Research, development, and demonstration grants and contracts.
I42Sec.1508.Reporting requirements.
I42Sec.1509.Authorization of appropriations.
I42Sec.1510.Sunset provision.
I74TITLE XVI_MISCELLANEOUS PROVISIONS
I42Sec.1601.Deputy Secretary of Homeland Security for Management.
I42Sec.1602.Sense of the Senate regarding combating domestic radicalization.
I42Sec.1603.Sense of the Senate regarding oversight of Homeland Security.
I42Sec.1604.Report regarding border security.
I42Sec.1605.Law Enforcement Assistance Force.
I42Sec.1606.Quadrennial homeland security review.
I42Sec.1607.Integration of detection equipment and technologies.
I74TITLE XVII_911 MODERNIZATION
I42Sec.1701.Short title.
I42Sec.1702.Funding for program.
I42Sec.1703.NTIA coordination of Eÿ09911 implementation.
I74TITLE XVIII_MODERNIZATION OF THE AMERICAN NATIONAL RED CROSS
I42Sec.1801.Short title.
I42Sec.1802.Findings; Sense of Congress.
I42Sec.1803.Organization.
I42Sec.1804.Purposes.
I42Sec.1805.Membership and chapters.
I42Sec.1806.Board of governors.
I42Sec.1807.Powers.
I42Sec.1808.Annual meeting.
I42Sec.1809.Endowment fund.
I42Sec.1810.Annual report and audit.
I42Sec.1811.Comptroller General of the United States and Office of the Ombudsman.
I74TITLE XIX_ADVANCEMENT OF DEMOCRATIC VALUES
I42Sec.1901.Short title.
I42Sec.1902.Findings.
I42Sec.1903.Statement of policy.
I42Sec.1904.Definitions.
I74Subtitle A_Liaison Officers and Fellowship Program To Enhance the Promotion of Democracy
I42Sec.1911.Democracy Liaison Officers.
I42Sec.1912.Democracy Fellowship Program.
I42Sec.1913.Transparency of United States broadcasting to assist in oversight and ensure promotion of human rights and democracy in international broadcasts.
I74Subtitle B_Annual Report on Advancing Freedom and Democracy
I42Sec.1921.Annual report.
I42Sec.1922.Sense of Congress on translation of human rights reports.
I74Subtitle C_Advisory Committee on Democracy Promotion and the Internet Website of the Department of State
I42Sec.1931.Advisory Committee on Democracy Promotion.
I42Sec.1932.Sense of Congress on the Internet website of the Department of State.
I74Subtitle D_Training in Democracy and Human Rights; Promotions
I42Sec.1941.Sense of Congress on training in democracy and human rights.
I42Sec.1942.Sense of Congress on ADVANCE Democracy Award.
I42Sec.1943.Promotions.
I42Sec.1944.Programs by United States missions in foreign countries and activities of chiefs of mission.
I74Subtitle E_Alliances With Democratic Countries
I42Sec.1951.Alliances with democratic countries.
I74Subtitle F_Funding for Promotion of Democracy
I42Sec.1961.Sense of Congress on the United Nations Democracy Fund.
I42Sec.1962.The Human Rights and Democracy Fund.

S6203
I78TITLE I_IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
I78Subtitle A_Homeland Security Information Sharing Enhancement
I72SEC. 111. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION SHARING.
I20(a) T5Advisory System and Information SharingK._
I22(1) T4In generalK._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:
I72``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
I20``(a) T5RequirementK._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.
I20``(b) T5Required ElementsK._In administering the Homeland Security Advisory System, the Secretary shall_
I22``(1) establish criteria for the issuance and revocation of such warnings;
I22``(2) develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation of such warnings;
I22``(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
I22``(4) whenever possible, limit the scope of each such warning to a specific region, locality, or economic sector believed to be at risk.
I72``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.
I20``(a) T5Information SharingK._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.
I20``(b) T5Information Sharing and Knowledge Management OfficersK._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.
I20``(c) T5State, Local, and Private-Sector Sources of InformationK._
I22``(1) T4Establishment of business processesK._The Chief Intelligence Officer shall_
I24``(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;
I24``(B) as appropriate, integrate such information into the information gathered by the Department and other departments and agencies of the Federal Government; and
I24``(C) make available such information, as appropriate, within the Department and to other departments and agencies of the Federal Government.
I22``(2) T4FeedbackK._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.
I20``(d) T5Training and Evaluation of EmployeesK._
I22``(1) T4TrainingK._The Chief Intelligence Officer shall provide to employees of the Department opportunities for training and education to develop an understanding of_
I24``(A) the definition of homeland security information; and
I24``(B) how information available to such employees as part of their duties_
I26``(i) might qualify as homeland security information; and
I26``(ii) might be relevant to the intelligence components of the Department.
I22``(2) T4EvaluationsK._The Chief Intelligence Officer shall_
I24``(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
I24``(B) provide a report regarding any evaluation under subparagraph (A) to the appropriate component heads.
I72``SEC. 205. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.
I20``All activities to comply with sections 203 and 204 shall be_
I22``(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
I22``(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.''.
I22(2) T4Technical and conforming amendmentsK._
I24(A) T4In generalK._Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended_
I26(i) by striking paragraph (7); and
I26(ii) by redesignating paragraphs (8) through (19) as paragraphs (7) through (18), respectively.
I24(B) T4Table of contentsK._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:
Q10

S6213
I42``Sec.203.Homeland Security Advisory System.
I42``Sec.204.Homeland Security Information Sharing.
I42``Sec.205.Coordination with information sharing environment.''.

S6203
I20(b) T5Intelligence Component DefinedK._
I22(1) T4In generalK._Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended_
I24(A) by redesignating paragraphs (9) through (16) as paragraphs (10) through (17), respectively; and
I24(B) by inserting after paragraph (8) the following:
I22``(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.''.
I22(2) T4Technical and conforming amendmentsK._
I24(A) T4Homeland security act of 2002K._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)''.
I24(B) T4Other lawK._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))''.
I20(c) T5Responsibilities of the Under Secretary for Information Analysis and Infrastructure ProtectionK._Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended_
I22(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
I22(2) by striking paragraph (7), as redesignated by subsection (a)(2)(A) of this section, and inserting the following:
I22``(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.''.
I72SEC. 112. INFORMATION SHARING.
I20Section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485) is amended_
I22(1) in subsection (a)_
I24(A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;
I24(B) by inserting before paragraph (2), as so redesignated, the following:
I22``(1) T4Homeland security informationK._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).'';
I24(C) in paragraph (5), as so redesignated_
I26(i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margin accordingly;
I26(ii) by striking ``ÿ1A`terrorism information' means'' and inserting the following: ``ÿ1A`terrorism information'_
I24``(A) means'';
I26(iii) in subparagraph (A)(iv), as so redesignated, by striking the period at the end and inserting ``; and''; and
I26(iv) by adding at the end the following:
I24``(B) includes homeland security information and weapons of mass destruction information.''; and
I24(D) by adding at the end the following:
I22``(6) T4Weapons of mass destruction informationK._The term `weapons of mass destruction information' means information that could reasonably be expected to assist in the development, proliferation, or use of a weapon of mass destruction (including chemical, biological, radiological, and nuclear weapons) that could be used by a terrorist or a terrorist organization against the United States, including information about the location of any stockpile of nuclear materials that could be exploited for use in such a weapon that could be used by a terrorist or a terrorist organization against the United States.'';
I22(2) in subsection (b)(2)_
I24(A) in subparagraph (H), by striking ``and'' at the end;
I24(B) in subparagraph (I), by striking the period at the end and inserting a semicolon; and
I24(C) by adding at the end the following:
I24``(J) integrates the information within the scope of the information sharing environment, including any such information in legacy technologies;
I24``(K) integrates technologies, including all legacy technologies, through Internet-based services;
I24``(L) allows the full range of analytic and operational activities without the need to centralize information within the scope of the information sharing environment;
I24``(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;
I24``(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
I24``(O) incorporates continuous, real-time, and immutable audit capabilities, to the maximum extent practicable.'';
I22(3) in subsection (f)_
I24(A) in paragraph (1)_
I26(i) by striking ``during the two-year period beginning on the date of designation under this paragraph unless sooner'' and inserting ``until''; and
I26(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
I24(B) in paragraph (2)(A)_
I26(i) by redesignating clause (iii) as clause (v); and
I26(ii) by striking clause (ii) and inserting the following:
I26``(ii) assist in the development of policies, as appropriate, to foster the development and proper operation of the ISE;
I26``(iii) issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper operation of the ISE;
I26``(iv) identify and resolve information sharing disputes between Federal departments, agencies, and components; and'';
I22(4) in subsection (g)_
I24(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'';
I24(B) in paragraph (2)_
I26(i) in subparagraph (F), by striking ``and'' at the end;
I26(ii) by redesignating subparagraph (G) as subparagraph (I); and
I26(iii) by inserting after subparagraph (F) the following:
I24``(G) assist the program manager in identifying and resolving information sharing disputes between Federal departments, agencies, and components;
I24``(H) identify appropriate personnel for assignment to the program manager to support staffing needs identified by the program manager; and'';
I24(C) in paragraph (4), by inserting ``(including any subsidiary group of the Information Sharing Council)'' before ``shall not be subject''; and
I24(D) by adding at the end the following:
I22``(5) T4DetaileesK._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).'';
I22(5) in subsection (h)(1), by striking ``and annually thereafter'' and inserting ``and not later than June 30 of each year thereafter''; and
I22(6) by striking subsection (j) and inserting the following:
I20``(j) T5Report on the Information Sharing EnvironmentK._
I22``(1) T4In generalK._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_
I24``(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_
I26``(i) specifically exempted categories of information from such elimination; and
I26``(ii) reported that exemption to the committees of Congress described in the matter preceding this subparagraph; and
I24``(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;
I24``(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
I24``(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_
I26``(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
I26``(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.
I22``(2) T4DefinitionK._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.
I20``(k) T5Additional PositionsK._The program manager is authorized to hire not more than 40 full-time employees to assist the program manager in_
I22``(1) identifying and resolving information sharing disputes between Federal departments, agencies, and components under subsection (f)(2)(A)(iv); and
I22``(2) other activities associated with the implementation of the information sharing environment, including_
I24``(A) implementing the requirements under subsection (b)(2); and
I24``(B) any additional implementation initiatives to enhance and expedite the creation of the information sharing environment.
I20``(l) T5Authorization of AppropriationsK._There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2008 and 2009.''.
I72SEC. 113. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL GOVERNMENT OFFICIALS.
I20(a) T5CurriculumK._The Secretary, acting through the Chief Intelligence Officer, shall_
I22(1) develop curriculum for the training of State, local, and tribal government officials relating to the handling, review, and development of intelligence material; and
I22(2) ensure that the curriculum includes executive level training.
I20(b) T5TrainingK._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.
I20(c) T5ConsultationK._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.
I20(d) T5Authorization of AppropriationsK._There are authorized to be appropriated such sums as are necessary to carry out this section.
I72SEC. 114. INFORMATION SHARING INCENTIVES.
I20(a) T5AwardsK._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.
I20(b) T5Other IncentivesK._The head of each department or agency described in section 1016(i) of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation with the program manager designated under section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), shall adopt best practices regarding effective ways to educate and motivate officers and employees of the Federal Government to engage in the information sharing environment, including_
I22(1) promotions and other nonmonetary awards; and
I22(2) publicizing information sharing accomplishments by individual employees and, where appropriate, the tangible end benefits that resulted.
I78Subtitle B_Homeland Security Information Sharing Partnerships
I72SEC. 121. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.
I20(a) T5In GeneralK._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:
I72``SEC. 206. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.
I20``(a) T5DefinitionsK._In this section_
I22``(1) the term `Chief Intelligence Officer' means the Chief Intelligence Officer of the Department;
I22``(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;
I22``(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);
I22``(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;
I22``(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
I22``(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).
I20``(b) T5EstablishmentK._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.
I20``(c) T5Department Support and CoordinationK._Through the State, Local, and Regional Fusion Center Initiative, the Secretary shall_
I22``(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;
I22``(2) provide operational and intelligence advice and assistance to State, local, and regional fusion centers;
I22``(3) support efforts to include State, local, and regional fusion centers into efforts to establish an information sharing environment;
I22``(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;
I22``(5) coordinate with other relevant Federal entities engaged in homeland security-related activities;
I22``(6) provide analytic and reporting advice and assistance to State, local, and regional fusion centers;
I22``(7) review homeland security information gathered by State, local, and regional fusion centers and incorporate relevant information with homeland security information of the Department;
I22``(8) provide management assistance to State, local, and regional fusion centers;
I22``(9) serve as a point of contact to ensure the dissemination of relevant homeland security information;
I22``(10) facilitate close communication and coordination between State, local, and regional fusion centers and the Department;
I22``(11) provide State, local, and regional fusion centers with expertise on Department resources and operations;
I22``(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
I22``(13) carry out such other duties as the Secretary determines are appropriate.
I20``(d) T5Personnel AssignmentK._
I22``(1) T4In generalK._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.
I22``(2) T4Personnel sourcesK._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:
I24``(A) Office of Intelligence and Analysis, or its successor.
I24``(B) Office of Infrastructure Protection.
I24``(C) Transportation Security Administration.
I24``(D) United States Customs and Border Protection.
I24``(E) United States Immigration and Customs Enforcement.
I24``(F) United States Coast Guard.
I24``(G) Other intelligence components of the Department, as determined by the Secretary.
I22``(3) T4ParticipationK._
I24``(A) T4In generalK._The Secretary may develop qualifying criteria for a fusion center to participate in the assigning of Department officers or intelligence analysts under this section.
I24``(B) T4CriteriaK._Any criteria developed under subparagraph (A) may include_
I26``(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;
I26``(ii) whether the fusion center has sufficient numbers of adequately trained personnel to support a broad counterterrorism mission;
I26``(iii) whether the fusion center has_
I28``(I) access to relevant law enforcement, emergency response, private sector, open source, and national security data; and
I28``(II) the ability to share and analytically exploit that data for authorized purposes;
I26``(iv) whether the fusion center is adequately funded by the State, local, or regional government to support its counterterrorism mission; and
I26``(v) the relevancy of the mission of the fusion center to the particular source component of Department officers or intelligence analysts.
I22``(4) T4PrerequisiteK._
I24``(A) T4Intelligence analysis, privacy, and civil liberties trainingK._Before being assigned to a fusion center under this section, an officer or intelligence analyst shall undergo_
I26``(i) appropriate intelligence analysis or information sharing training using an intelligence-led policing curriculum that is consistent with_
I28``(I) standard training and education programs offered to Department law enforcement and intelligence personnel; and
I28``(II) the Criminal Intelligence Systems Operating Policies under part 23 of title 28, Code of Federal Regulations (or any corresponding similar regulation or ruling);
I26``(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
I26``(iii) such other training prescribed by the Chief Intelligence Officer.
I24``(B) T4Prior work experience in areaK._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_
I26``(i) has been previously assigned in the geographic area; or
I26``(ii) has previously worked with intelligence officials or emergency response providers from that State, locality, or region.
I22``(5) T4Expedited security clearance processingK._The Chief Intelligence Officer_
I24``(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
I24``(B) may request that security clearance processing be expedited for each such officer or intelligence analyst.
I22``(6) T4Further qualificationsK._Each officer or intelligence analyst assigned to a fusion center under this section shall satisfy any other qualifications the Chief Intelligence Officer may prescribe.
I20``(e) T5ResponsibilitiesK._An officer or intelligence analyst assigned to a fusion center under this section shall_
I22``(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;
I22``(2) review homeland security-relevant information from law enforcement agencies and other emergency response providers of State, local, and tribal government;
I22``(3) create intelligence and other information products derived from such information and other homeland security-relevant information provided by the Department;
I22``(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
I22``(5) assist in the dissemination of such products to the Chief Intelligence Officer for collection and dissemination to other fusion centers.
I20``(f) T5Database AccessK._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.
I20``(g) T5Consumer FeedbackK._
I22``(1) T4In generalK._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.
I22``(2) T4ResultsK._The results of the voluntary feedback under paragraph (1) shall be provided electronically to Congress and appropriate personnel of the Department.
I20``(h) T5Rule of ConstructionK._
I22``(1) T4In generalK._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).
I22``(2) T4ParticipationK._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.
I20``(i) T5GuidelinesK._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_
I22``(1) collaboratively develop a mission statement, identify expectations and goals, measure performance, and determine effectiveness for that fusion center;
I22``(2) create a representative governance structure that includes emergency response providers and, as appropriate, the private sector;
I22``(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;
I22``(4) leverage the databases, systems, and networks available from public and private sector entities to maximize information sharing;
I22``(5) develop, publish, and adhere to a privacy and civil liberties policy consistent with Federal, State, and local law;
I22``(6) ensure appropriate security measures are in place for the facility, data, and personnel;
I22``(7) select and train personnel based on the needs, mission, goals, and functions of that fusion center;
I22``(8) offer a variety of intelligence services and products to recipients of fusion center intelligence and information; and
I22``(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.
I20``(j) T5Authorization of AppropriationsK._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.''.
I20(b) T5Technical and Conforming AmendmentK._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:
Q10

S6213
I42``Sec.206.State, Local, and Regional Information Fusion Center Initiative.''.

S6203
I20(c) T5ReportsK._
I22(1) T4Concept of operationsK._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_
I24(A) include a clear articulation of the purposes, goals, and specific objectives for which the program is being developed;
I24(B) identify stakeholders in the program and provide an assessment of their needs;
I24(C) contain a developed set of quantitative metrics to measure, to the extent possible, program output;
I24(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
I24(E) include a privacy and civil liberties impact assessment.
I22(2) T4Privacy and civil libertiesK._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.
I72SEC. 122. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
I20(a) T5Establishment of ProgramK._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:
I72``SEC. 207. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
I20``(a) T5EstablishmentK._
I22``(1) T4In generalK._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_
I24``(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_
I26``(i) the relevant missions and capabilities of the Department and other Federal agencies; and
I26``(ii) the role, programs, products, and personnel of the Office of Intelligence and Analysis; and
I24``(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_
I26``(i) serve as a point of contact in the Department to assist in the representation of State, local, and tribal homeland security information needs;
I26``(ii) identify homeland security information of interest to State, local, and tribal law enforcement officers, emergency response providers, and intelligence analysts; and
I26``(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.
I22``(2) T4Program nameK._The program under this section shall be known as the `Homeland Security Information Sharing Fellows Program'.
I20``(b) T5EligibilityK._
I22``(1) T4In generalK._In order to be eligible for selection as an Information Sharing Fellow under the program under this section, an individual shall_
I24``(A) have homeland security-related responsibilities;
I24``(B) be eligible for an appropriate national security clearance;
I24``(C) possess a valid need for access to classified information, as determined by the Chief Intelligence Officer;
I24``(D) be an employee of an eligible entity; and
I24``(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).
I22``(2) T4Eligible entitiesK._In this subsection, the term `eligible entity' means_
I24``(A) a State, local, or regional fusion center;
I24``(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;
I24``(C) a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary;
I24``(D) a tribal law enforcement or other authority; or
I24``(E) such other entity as the Secretary determines is appropriate.
I20``(c) T5Optional ParticipationK._No State, local, or tribal law enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program.
I20``(d) T5Procedures for Nomination and SelectionK._
I22``(1) T4In generalK._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.
I22``(2) T4LimitationsK._The Chief Intelligence Officer shall_
I24``(A) select law enforcement officers and intelligence analysts representing a broad cross-section of State, local, and tribal agencies; and
I24``(B) ensure that the number of Information Sharing Fellows selected does not impede the activities of the Office of Intelligence and Analysis.
I20``(e) T5DefinitionsK._In this section_
I22``(1) the term `Chief Intelligence Officer' means the Chief Intelligence Officer of the Department; and
I22``(2) the term `Office of Intelligence and Analysis' means the office of the Chief Intelligence Officer.''.
I20(b) T5Technical and Conforming AmendmentK._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:
Q10

S6213
I42``Sec.207.Homeland Security Information Sharing Fellows Program.''.

S6203
I20(c) T5ReportsK._
I22(1) T4Concept of operationsK._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.
I22(2) T4Review of privacy impactK._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.
I72SEC. 123. RURAL POLICING INSTITUTE.
I20(a) T5In GeneralK._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_
I22(1) evaluate the needs of law enforcement agencies of units of local government and tribal governments located in rural areas;
I22(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);
I22(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
I22(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.
I20(b) T5CurriculaK._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.
I20(c) T5DefinitionK._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.
I20(d) T5Authorization of AppropriationsK._There are authorized to be appropriated to carry out this section (including for contracts, staff, and equipment)_
I22(1) $10,000,000 for fiscal year 2008; and
I22(2) $5,000,000 for each of fiscal years 2009 through 2013.
I78Subtitle C_Interagency Threat Assessment and Coordination Group
I72SEC. 131. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.
I20(a) T5In GeneralK._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'').
I20(b) T5ResponsibilitiesK._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.
I20(c) T5OperationsK._
I22(1) T4In generalK._The ITACG shall be located at the facilities of the National Counterterrorism Center of the Office of the Director of National Intelligence.
I22(2) T4ManagementK._
I24(A) T4In generalK._The Secretary shall assign a senior level officer to manage and direct the administration of the ITACG.
I24(B) T4DistributionK._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.
I24(C) T4Standards for admissionK._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.
I20(d) T5MembershipK._
I22(1) T4In generalK._The ITACG shall include representatives of_
I24(A) the Department;
I24(B) the Federal Bureau of Investigation;
I24(C) the Department of Defense;
I24(D) the Department of Energy;
I24(E) law enforcement and intelligence officials from State, local, and tribal governments, as appropriate; and
I24(F) other Federal entities as appropriate.
I22(2) T4CriteriaK._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.
I20(e) T5Inapplicability of the Federal Advisory Committee ActK._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.).
I78TITLE II_HOMELAND SECURITY GRANTS
I72SEC. 201. SHORT TITLE.
I20This title may be cited as the ``Homeland Security Grant Enhancement Act of 2007''.
I72SEC. 202. HOMELAND SECURITY GRANT PROGRAM.
I20The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following:
I78``TITLE XX_HOMELAND SECURITY GRANTS
I72``SEC. 2001. DEFINITIONS.
I20``In this title, the following definitions shall apply:
I22``(1) T4AdministratorK._The term `Administrator' means the Administrator of the Federal Emergency Management Agency.
I22``(2) T4Combined statistical areaK._The term `combined statistical area' means a combined statistical area, as defined by the Office of Management and Budget.
I22``(3) T4Directly eligible tribeK._The term `directly eligible tribe' means_
I24``(A) any Indian tribe that_
I26``(i) is located in the continental United States;
I26``(ii) operates a law enforcement or emergency response agency with the capacity to respond to calls for law enforcement or emergency services;
I26``(iii) is located_
I28``(I) on, or within 50 miles of, an international border or a coastline bordering an ocean or international waters;
I28``(II) within 10 miles of critical infrastructure or has critical infrastructure within its territory; or
I28``(III) within or contiguous to 1 of the 50 largest metropolitan statistical areas in the United States; and
I26``(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
I24``(B) a consortium of Indian tribes, if each tribe satisfies the requirements of subparagraph (A).
I22``(4) T4Eligible metropolitan areaK._The term `eligible metropolitan area' means the following:
I24``(A) T4In generalK._A combination of 2 or more incorporated municipalities, counties, parishes, or Indian tribes that_
I26``(i) is within_
I28``(I) any of the 100 largest metropolitan statistical areas in the United States; or
I28``(II) any combined statistical area, of which any metropolitan statistical area described in subparagraph (A) is a part; and
I26``(ii) includes the city with the largest population in that metropolitan statistical area.
I24``(B) T4Other combinationsK._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.
I24``(C) T4Inclusion of additional local governmentsK._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.
I22``(5) T4Indian tribeK._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)).
I22``(6) T4Metropolitan statistical areaK._The term `metropolitan statistical area' means a metropolitan statistical area, as defined by the Office of Management and Budget.
I22``(7) T4National special security eventK._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.
I22``(8) T4PopulationK._The term `population' means population according to the most recent United States census population estimates available at the start of the relevant fiscal year.
I22``(9) T4Population densityK._The term `population density' means population divided by land area in square miles.
I22``(10) T4Target capabilitiesK._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)).
I22``(11) T4Tribal governmentK._The term `tribal government' means the government of an Indian tribe.
I72``SEC. 2002. HOMELAND SECURITY GRANT PROGRAM.
I20``(a) T5Grants AuthorizedK._The Secretary, through the Administrator, may award grants to State, local, and tribal governments for the purposes of this title.
I20``(b) T5Programs Not AffectedK._This title shall not be construed to affect any authority to award grants under any of the following Federal programs:
I22``(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).
I22``(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.).
I22``(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.
I22``(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).
I22``(5) Grant programs other than those administered by the Department.
I20``(c) T5Relationship to Other LawsK._
I22``(1) T4In generalK._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).
I22``(2) T4Program integrityK._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_
I24``(A) identifying activities funded under any such grant program that are susceptible to significant improper payments; and
I24``(B) reporting the incidence of improper payments to the Department.
I22``(3) T4AllocationK._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.
I20``(d) T5Minimum Performance RequirementsK._
I22``(1) T4In generalK._The Administrator shall_
I24``(A) establish minimum performance requirements for entities that receive homeland security grants;
I24``(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_
I26``(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
I26``(ii) catastrophic incidents (as that term is defined in section 501) not less than once each year; and
I24``(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_
I26``(i) establishing a plan for the achievement of the minimum performance requirements under subparagraph (A), including_
I28``(I) developing intermediate indicators for the 2 fiscal years following the date of such determination; and
I28``(II) conducting additional simulations and exercises; and
I26``(ii) revising an entity's homeland security plan, if necessary, to achieve the minimum performance requirements under subparagraph (A).
I22``(2) T4WaiverK._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).
I22``(3) T4Report to congressK._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_
I24``(A) the performance of grantees under paragraph (1)(A);
I24``(B) lessons learned through the simulations and exercises under paragraph (1)(B); and
I24``(C) efforts being made to remedy failed performance under paragraph (1)(C).
I72``SEC. 2003. URBAN AREA SECURITY INITIATIVE.
I20``(a) T5EstablishmentK._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.
I20``(b) T5ApplicationK._
I22``(1) T4In generalK._An eligible metropolitan area may apply for grants under this section.
I22``(2) T4Annual applicationsK._Applicants for grants under this section shall apply or reapply on an annual basis for grants distributed under the program.
I22``(3) T4InformationK._In an application for a grant under this section, an eligible metropolitan area shall submit_
I24``(A) a plan describing the proposed division of responsibilities and distribution of funding among the local and tribal governments in the eligible metropolitan area;
I24``(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
I24``(C) such information in support of the application as the Administrator may reasonably require.
I20``(c) T5State Review and TransmissionK._
I22``(1) T4In generalK._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.
I22``(2) T4DeadlineK._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.
I22``(3) T4State disagreementK._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_
I24``(A) notify the Administrator, in writing, of that fact; and
I24``(B) provide an explanation of the reason for not supporting the application at the time of transmission of the application.
I20``(d) T5PrioritizationK._In allocating funds among metropolitan areas applying for grants under this section, the Administrator shall consider_
I22``(1) the relative threat, vulnerability, and consequences faced by the eligible metropolitan area from a terrorist attack, including consideration of_
I24``(A) the population of the eligible metropolitan area, including appropriate consideration of military, tourist, and commuter populations;
I24``(B) the population density of the eligible metropolitan area;
I24``(C) the history of threats faced by the eligible metropolitan area, including_
I26``(i) whether there has been a prior terrorist attack in the eligible metropolitan area; and
I26``(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;
I24``(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;
I24``(E) whether the eligible metropolitan area is located at or near an international border;
I24``(F) whether the eligible metropolitan area has a coastline bordering ocean or international waters;
I24``(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;
I24``(H) the most current threat assessments available to the Department;
I24``(I) the extent to which the eligible metropolitan area has unmet target capabilities;
I24``(J) the extent to which the eligible metropolitan area includes_
I26``(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
I26``(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
I24``(K) such other factors as are specified in writing by the Administrator; and
I22``(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.
I20``(e) T5Opportunity to AmendK._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.
I20``(f) T5Allowable UsesK._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_
I22``(1) developing and enhancing State, local, or regional plans, risk assessments, or mutual aid agreements;
I22``(2) purchasing, upgrading, storing, or maintaining equipment;
I22``(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;
I22``(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;
I22``(5) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers that comply with the guidelines established under section 206(i);
I22``(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;
I22``(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
I22``(8) any other activity relating to achieving target capabilities approved by the Administrator.
I20``(g) T5Distribution of Awards to Metropolitan AreasK._
I22``(1) T4In generalK._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.
I22``(2) T4State distribution of fundsK._
I24``(A) T4In generalK._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.
I24``(B) T4Funds retainedK._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.
I22``(3) T4Multistate regionsK._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_
I24``(A) a portion of the grant funds in accordance with the proposed distribution set forth in the application; or
I24``(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.
I20``(h) T5Authorization of AppropriationsK._There are authorized to be appropriated for grants under this section_
I22``(1) for fiscal year 2007, such sums as are necessary;
I22``(2) for each of fiscal years 2008, 2009, and 2010, $1,278,639,000; and
I22``(3) for fiscal year 2011, and each fiscal year thereafter, such sums as are necessary.
I72``SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.
I20``(a) T5EstablishmentK._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.
I20``(b) T5ApplicationK._
I22``(1) T4In generalK._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.
I22``(2) T4Annual applicationsK._Applicants for grants under this section shall apply or reapply on an annual basis for grants distributed under the program.
I20``(c) T5PrioritizationK._In allocating funds among States applying for grants under this section, the Administrator shall consider_
I22``(1) the relative threat, vulnerability, and consequences faced by a State from a terrorist attack, including consideration of_
I24``(A) the size of the population of the State, including appropriate consideration of military, tourist, and commuter populations;
I24``(B) the population density of the State;
I24``(C) the history of threats faced by the State, including_
I26``(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
I26``(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;
I24``(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;
I24``(E) whether the State has an international border;
I24``(F) whether the State has a coastline bordering ocean or international waters;
I24``(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;
I24``(H) the most current threat assessments available to the Department;
I24``(I) the extent to which the State has unmet target capabilities; and
I24``(J) such other factors as are specified in writing by the Administrator;
I22``(2) the anticipated effectiveness of the proposed spending plan of the State in increasing the ability of the State to_
I24``(A) prevent, prepare for, protect against, respond to, and recover from terrorism;
I24``(B) meet the target capabilities of the State; and
I24``(C) otherwise reduce the overall risk to the State and the Nation; and
I22``(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.
I20``(d) T5Minimum AllocationK._In allocating funds under subsection (c), the Administrator shall ensure that, for each fiscal year_
I22``(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
I22``(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.
I20``(e) T5Multistate PartnershipsK._
I22``(1) T4In generalK._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.
I22``(2) T4GranteesK._Multistate grants may be awarded to either_
I24``(A) an individual State acting on behalf of a consortium or partnership of States with the consent of all member States; or
I24``(B) a group of States applying as a consortium or partnership.
I22``(3) T4Administration of grantK._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_
I24``(A) the division of responsibilities for administering the grant; and
I24``(B) the distribution of funding among the various States and entities that are party to the application.
I20``(f) T5Funding for Local and Tribal GovernmentsK._
I22``(1) T4In generalK._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_
I24``(A) not less than 80 percent of the grant funds;
I24``(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
I24``(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.
I22``(2) T4Extension of periodK._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.
I22``(3) T4Indian tribesK._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.
I22``(4) T4ExceptionK._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.
I20``(g) T5Grants to Directly Eligible TribesK._
I22``(1) T4In generalK._Notwithstanding subsection (b), the Secretary may award grants to directly eligible tribes under this section.
I22``(2) T4Tribal applicationsK._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).
I22``(3) T4State reviewK._
I24``(A) T4In generalK._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.
I24``(B) T4DeadlineK._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.
I24``(C) T4State disagreementK._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_
I26``(i) notify the Administrator, in writing, of that fact; and
I26``(ii) provide an explanation of the reason for not supporting the application at the time of transmission of the application.
I22``(4) T4Distribution of awards to directly eligible tribesK._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.
I22``(5) T4Tribal liaisonK._A directly eligible tribe applying for a grant under this section shall designate a specific individual to serve as the tribal liaison who shall_
I24``(A) coordinate with Federal, State, local, regional, and private officials concerning terrorism preparedness;
I24``(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
I24``(C) administer, in consultation with State, local, regional, and private officials, grants awarded to such tribe.
I22``(6) T4Tribes receiving direct grantsK._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.
I22``(7) T4Rule of constructionK._Nothing in this section shall be construed to affect the authority of an Indian tribe that receives funds under this section.
I20``(h) T5Opportunity To AmendK._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.
I20``(i) T5Allowable UsesK._Grants awarded under this section may be used to achieve target capabilities, consistent with a State homeland security plan, through_
I22``(1) developing and enhancing State, local, tribal, or regional plans, risk assessments, or mutual aid agreements;
I22``(2) purchasing, upgrading, storing, or maintaining equipment;
I22``(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;
I22``(4) responding to an increase in the threat level under the Homeland Security Advisory System, including payment of overtime and backfill costs;
I22``(5) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers, that comply with the guidelines established under section 206(i);
I22``(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;
I22``(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
I22``(8) any other activity relating to achieving target capabilities approved by the Administrator.
I20``(j) T5Authorization of AppropriationsK._There are authorized to be appropriated for grants under this section_
I22``(1) for fiscal year 2007, such sums as are necessary;
I22``(2) for each of fiscal years 2008, 2009, and 2010, $913,180,500; and
I22``(3) for fiscal year 2011, and each fiscal year thereafter, such sums as are necessary.
I72``SEC. 2005. TERRORISM PREVENTION.
I20``(a) T5Law Enforcement Terrorism Prevention ProgramK._
I22``(1) T4In generalK._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.
I22``(2) T4Use of fundsK._Grants awarded under this subsection may be used for_
I24``(A) information sharing to preempt terrorist attacks;
I24``(B) target hardening to reduce the vulnerability of selected high value targets;
I24``(C) threat recognition to recognize the potential or development of a threat;
I24``(D) intervention activities to interdict terrorists before they can execute a threat;
I24``(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;
I24``(F) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers that comply with the guidelines established under section 206(i);
I24``(G) any other activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the Law Enforcement Terrorism Prevention Program; and
I24``(H) any other terrorism prevention activity authorized by the Administrator.
I20``(b) T5Office for the Prevention of TerrorismK._
I22``(1) T4EstablishmentK._There is established in the Department an Office for the Prevention of Terrorism, which shall be headed by a Director.
I22``(2) T4DirectorK._
I24``(A) T4ReportingK._The Director of the Office for the Prevention of Terrorism shall report directly to the Secretary.
I24``(B) T4QualificationsK._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.
I22``(3) T4Assignment of personnelK._
I24``(A) T4In generalK._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.
I24``(B) T4LiaisonsK._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.
I22``(4) T4ResponsibilitiesK._The Director of the Office for the Prevention of Terrorism shall_
I24``(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;
I24``(B) serve as a liaison between State, local, and tribal law enforcement agencies and the Department;
I24``(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;
I24``(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
I24``(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.
I22``(5) T4Pilot projectK._
I24``(A) T4In generalK._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.
I24``(B) T4FunctionK._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.
I22``(6) T4ConstructionK._Nothing in this section may be construed to affect the roles or responsibilities of the Department of Justice.
I72``SEC. 2006. RESTRICTIONS ON USE OF FUNDS.
I20``(a) T5Limitations on UseK._
I22``(1) T4ConstructionK._
I24``(A) T4In generalK._Grants awarded under this title may not be used to acquire land or to construct buildings or other physical facilities.
I24``(B) T4ExceptionsK._
I26``(i) T4In generalK._Notwithstanding subparagraph (A), nothing in this paragraph shall prohibit the use of grants awarded under this title to achieve target capabilities through_
I28``(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
I28``(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.
I26``(ii) T4Requirements for exceptionK._No grant awards may be used for the purposes under clause (i) unless_
I28``(I) specifically approved by the Administrator;
I28``(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
I28``(III) the amount allocated for purposes under clause (i) does not exceed 20 percent of the grant award.
I22``(2) T4PersonnelK._
I24``(A) T4In generalK._For any grant awarded under section 2003 or 2004_
I26``(i) not more than 25 percent of the amount awarded to a grant recipient may be used to pay overtime and backfill costs; and
I26``(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).
I24``(B) T4WaiverK._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).
I24``(C) T4Exception.K 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.
I22``(3) T4RecreationK._Grants awarded under this title may not be used for recreational or social purposes.
I20``(b) T5Multiple-Purpose FundsK._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.
I20``(c) T5Equipment StandardsK._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.
I20``(d) T5Supplement Not SupplantK._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.
I72``SEC. 2007. ADMINISTRATION AND COORDINATION.
I20``(a) T5AdministratorK._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.
I20``(b) T5National Advisory CouncilK._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.
I20``(c) T5Regional CoordinationK._The Administrator shall ensure that_
I22``(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
I22``(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.
I20``(d) T5Planning CommitteesK._
I22``(1) T4In generalK._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.
I22``(2) T4CompositionK._
I24``(A) T4In generalK._The planning committee shall include representatives of significant stakeholders, including_
I26``(i) local and tribal government officials; and
I26``(ii) emergency response providers, which shall include representatives of the fire service, law enforcement, emergency medical response, and emergency managers.
I24``(B) T4Geographic representationK._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.
I22``(3) T4Existing planning committeesK._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.
I20``(e) T5Interagency CoordinationK._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_
I22``(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;
I22``(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_
I24``(A) eliminate redundant and duplicative requirements, including onerous application and ongoing reporting requirements;
I24``(B) ensure accountability of the programs to the intended purposes of such programs;
I24``(C) coordinate allocation of grant funds to avoid duplicative or inconsistent purchases by the recipients; and
I24``(D) make the programs more accessible and user friendly to applicants; and
I22``(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.
I72``SEC. 2008. ACCOUNTABILITY.
I20``(a) T5Reports to CongressK._
I22``(1) T4Funding efficacyK._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_
I24``(A) have contributed to the progress of State, local, and tribal governments in achieving target capabilities; and
I24``(B) have led to the reduction of risk nationally and in State, local, and tribal jurisdictions.
I22``(2) T4Risk assessmentK._
I24``(A) T4In generalK._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_
I26``(i) all variables included in the risk assessment and the weights assigned to each;
I26``(ii) an explanation of how each such variable, as weighted, correlates to risk, and the basis for concluding there is such a correlation; and
I26``(iii) any change in the methodology from the previous fiscal year, including changes in variables considered, weighting of those variables, and computational methods.
I24``(B) T4Classified annexK._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.
I24``(C) T4DeadlineK._For each fiscal year, the information required under subparagraph (A) shall be provided on the earlier of_
I26``(i) October 31; or
I26``(ii) 30 days before the issuance of any program guidance for grants under sections 2003 and 2004.
I20``(b) T5Reviews and AuditsK._
I22``(1) T4Department reviewK._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.
I22``(2) T4Government accountability officeK._
I24``(A) T4Access to informationK._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.
I24``(B) T4Audits and reportsK._
I26``(i) T4AuditK._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.
I26``(ii) T4ReportK._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_
I28``(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
I28``(II) whether the grant recipients have allocated funding consistent with the State homeland security plan and the guidelines established by the Department.
I22``(3) T4Audit requirementK._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.
I22``(4) T4Recovery auditsK._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.
I20``(c) T5Remedies for NoncomplianceK._
I22``(1) T4In generalK._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_
I24``(A) terminate any payment of grant funds to be made to the recipient under this title;
I24``(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
I24``(C) limit the use of grant funds received under this title to programs, projects, or activities not affected by the failure to comply.
I22``(2) T4Duration of penaltyK._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.
I22``(3) T4Direct fundingK._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.
I72``SEC. 2009. AUDITING.
I20``(a) T5Audits of GrantsK._
I22``(1) T4In generalK._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.
I22``(2) T4TimingK._The date described in this paragraph is the later of 2 years after_
I24``(A) the date of enactment of the Improving America's Security Act of 2007; and
I24``(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.
I22``(3) T4ContentsK._Each audit under this subsection shall evaluate_
I24``(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;
I24``(B) whether funds under that grant program were used by that entity as required by law; and
I24``(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
I24``(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.
I22``(4) T4Public availability on websiteK._The Inspector General of the Department shall make each audit under this subsection available on the website of the Inspector General.
I22``(5) T4ReportingK._
I24``(A) T4In generalK._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.
I24``(B) T4ContentsK._Each report submitted under this paragraph shall describe_
I26``(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
I26``(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;
I26``(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
I26``(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
I26``(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.
I20``(b) T5Audit of Other Preparedness GrantsK._
I22``(1) T4In generalK._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.
I22``(2) T4TimingK._The date described in this paragraph is the later of 2 years after_
I24``(A) the date of enactment of the Improving America's Security Act of 2007; and
I24``(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.
I22``(3) T4ContentsK._Each audit under this subsection shall evaluate_
I24``(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;
I24``(B) whether funds under each such grant program were used by that entity as required by law; and
I24``(C) the extent to which such funds were used to enhance preparedness.
I22``(4) T4Public availability on websiteK._The Inspector General of the Department shall make each audit under this subsection available on the website of the Inspector General.
I22``(5) T4ReportingK._
I24``(A) T4In generalK._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.
I24``(B) T4ContentsK._Each report submitted under this paragraph shall describe_
I26``(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
I26``(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;
I26``(ii) whether funds under each grant audited were used as required by law; and
I26``(iii) the extent to which funds under each grant audited were used to enhance preparedness.
I20``(c) T5Funding for AuditsK._
I22``(1) T4In generalK._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.
I22``(2) T4Availability of fundsK._The Administrator shall make amounts withheld under this subsection available as follows:
I24``(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.
I24``(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.
I24``(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.
I20``(d) T5DefinitionK._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 109ÿ09295).
I72``SEC. 2010. SENSE OF THE SENATE.
I20``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_
I22``(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_
I24``(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);
I24``(B) the Emergency Communications Operability and Interoperable Communications Grants established under section 1809; and
I24``(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
I22``(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.''.
I72SEC. 203. EQUIPMENT TECHNICAL ASSISTANCE TRAINING.
I20(a) T5Sense of the SenateK._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.
I20(b) T5ReportK._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_
I20(a) on the number of trainings conducted that year through the Domestic Preparedness Equipment Technical Assistance Program; and
I20(b) if the number of trainings conducted that year is less than 7,500, an explanation of why fewer trainings were needed.

I72SEC. 204. TECHNICAL AND CONFORMING AMENDMENTS.
I20(a) T5In GeneralK._The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended_
I22(1) by redesignating title XVIII, as added by the SAFE Port Act (Public Law 109ÿ09347; 120 Stat. 1884), as title XIX;
I22(2) by redesignating sections 1801 through 1806, as added by the SAFE Port Act (Public Law 109ÿ09347; 120 Stat. 1884), as sections 1901 through 1906, respectively;
I22(3) in section 1904(a), as so redesignated, by striking ``section 1802'' and inserting ``section 1902''; and
I22(4) in section 1906, as so redesignated, by striking ``section 1802(a)'' each place that term appears and inserting ``section 1902(a)''.
I20(b) T5Table of ContentsK._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 109ÿ09347; 120 Stat. 1884), and inserting the following:

S6213
I74``TITLE XIX_DOMESTIC NUCLEAR DETECTION OFFICE
I42``Sec.1901.Domestic Nuclear Detection Office.
I42``Sec.1902.Mission of Office.
I42``Sec.1903.Hiring authority.
I42``Sec.1904.Testing authority.
I42``Sec.1905.Relationship to other Department entities and Federal agencies.
I42``Sec.1906.Contracting and grant making authorities.
I74``TITLE XX_HOMELAND SECURITY GRANTS
I42``Sec.2001.Definitions.
I42``Sec.2002.Homeland Security Grant Program.
I42``Sec.2003.Urban Area Security Initiative.
I42``Sec.2004.State Homeland Security Grant Program.
I42``Sec.2005.Terrorism prevention.
I42``Sec.2006.Restrictions on use of funds.
I42``Sec.2007.Administration and coordination.
I42``Sec.2008.Accountability.
I42``Sec.2009.Auditing.
I42``Sec.2010.Sense of the Senate.''.

S6203
I78TITLE III_COMMUNICATIONS OPERABILITY AND INTEROPERABILITY
I72SEC. 301. DEDICATED FUNDING TO ACHIEVE EMERGENCY COMMUNICATIONS OPERABILITY AND INTEROPERABLE COMMUNICATIONS.
I20(a) T5Emergency Communications Operability and Interoperable CommunicationsK._
I22(1) T4In generalK._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:
I72``SEC. 1809. EMERGENCY COMMUNICATIONS OPERABILITY AND INTEROPERABLE COMMUNICATIONS GRANTS.
I20``(a) T5DefinitionsK._In this section:
I22``(1) T4AdministratorK._The term `Administrator' means the Administrator of the Federal Emergency Management Agency.
I22``(2) T4Emergency communications operabilityK._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.
I20``(b) T5In GeneralK._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.
I20``(c) T5Statewide Interoperable Communications PlansK._
I22``(1) T4Submission of plansK._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)).
I22``(2) T4Coordination and consultationK._The Statewide plan submitted under paragraph (1) shall be developed_
I24``(A) in coordination with local and tribal governments, emergency response providers, and other relevant State officers; and
I24``(B) in consultation with and subject to appropriate comment by the applicable Regional Emergency Communications Coordination Working Group as described under section 1805.
I22``(3) T4ApprovalK._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.
I22``(4) T4RevisionsK._A State may revise the applicable Statewide plan approved by the Administrator under this subsection, subject to approval of the revision by the Administrator.
I20``(d) T5ConsistencyK._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.
I20``(e) T5Use of Grant FundsK._Grants awarded under subsection (b) may be used for initiatives to achieve, maintain, or enhance emergency communications operability and interoperable communications, including_
I22``(1) Statewide or regional communications planning, including governance related activities;
I22``(2) system design and engineering;
I22``(3) system procurement and installation;
I22``(4) exercises;
I22``(5) modeling and simulation exercises for operational command and control functions;
I22``(6) technical assistance;
I22``(7) training; and
I22``(8) other appropriate activities determined by the Administrator to be integral to achieve, maintain, or enhance emergency communications operability and interoperable communications.
I20``(f) T5ApplicationK._
I22``(1) T4In generalK._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.
I22``(2) T4Minimum contentsK._At a minimum, each application submitted under paragraph (1) shall_
I24``(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;
I24``(B) describe how_
I26``(i) the proposed use of funds_
I28``(I) would be consistent with and address the goals in any applicable State, regional, or urban homeland security plan; and
I28``(II) unless the Administrator determines otherwise, are_
I30``(aa) consistent with the National Emergency Communications Plan under section 1802; and
I30``(bb) compatible with the national infrastructure and national voluntary consensus standards;
I26``(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;
I26``(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;
I26``(iv) the State intends to address the emergency communications operability and interoperable communications needs at the city, county, regional, State, and interstate level; and
I26``(v) the State plans to emphasize regional planning and cooperation, both within the jurisdictional borders of that State and with neighboring States;
I24``(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
I24``(D) include a capital budget and timeline showing how the State intends to allocate and expend the grant funds.
I20``(g) T5Award of GrantsK._
I22``(1) T4ConsiderationsK._In approving applications and awarding grants under this section, the Administrator shall consider_
I24``(A) the nature of the threat to the State from a natural disaster, act of terrorism, or other man-made disaster;
I24``(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;
I24``(C) the size of the population of the State, including appropriate consideration of military, tourist, and commuter populations;
I24``(D) the population density of the State;
I24``(E) the extent to which grants will be utilized to implement emergency communications operability and interoperable communications solutions_
I26``(i) consistent with the National Emergency Communications Plan under section 1802 and compatible with the national infrastructure and national voluntary consensus standards; and
I26``(ii) more efficient and cost effective than current approaches;
I24``(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;
I24``(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;
I24``(H) whether the State is on or near an international border;
I24``(I) whether the State encompasses an economically significant border crossing;
I24``(J) whether the State has a coastline bordering an ocean, a major waterway used for interstate commerce, or international waters;
I24``(K) the extent to which geographic barriers pose unusual obstacles to achieving, maintaining, or enhancing emergency communications operability or interoperable communications;
I24``(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;
I24``(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;
I24``(N) whether the activity for which a grant is requested is being funded under another Federal or State emergency communications grant program; and
I24``(O) such other factors as are specified by the Administrator in writing.
I22``(2) T4Review panelK._
I24``(A) T4In generalK._The Secretary shall establish a review panel under section 871(a) to assist in reviewing grant applications under this section.
I24``(B) T4RecommendationsK._The review panel established under subparagraph (A) shall make recommendations to the Administrator regarding applications for grants under this section.
I24``(C) T4MembershipK._The review panel established under subparagraph (A) shall include_
I26``(i) individuals with technical expertise in emergency communications operability and interoperable communications;
I26``(ii) emergency response providers; and
I26``(iii) other relevant State and local officers.
I22``(3) T4Minimum grant amountsK._The Administrator shall ensure that for each fiscal year_
I24``(A) no State receives less than an amount equal to 0.75 percent of the total funds appropriated for grants under this section; and
I24``(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.
I22``(4) T4Availability of fundsK._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)).
I20``(h) T5State ResponsibilitiesK._
I22``(1) T4Pass-through of funds to local and tribal governmentsK._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_
I24``(A) not less than 80 percent of the funds of the amount of the grant;
I24``(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
I24``(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.
I22``(2) T4Certifications regarding distribution of grant funds to local and tribal governmentsK._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).
I22``(3) T4Report on grant spendingK._
I24``(A) T4In generalK._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.
I24``(B) T4Minimum contentsK._At a minimum, each report under this paragraph shall include_
I26``(i) the amount, ultimate recipients, and dates of receipt of all funds received under the grant;
I26``(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;
I26``(iii) how the funds were used by each ultimate recipient or beneficiary;
I26``(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
I26``(v) the extent to which emergency communications operability and interoperable communications identified in the applicable Statewide plan and application remain unmet.
I24``(C) T4Public availability on websiteK._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.
I22``(4) T4Penalties for reporting delayK._If a State fails to provide the information required by the Administrator under paragraph (3), the Administrator may_
I24``(A) reduce grant payments to the State from the portion of grant funds that are not required to be passed through under paragraph (1);
I24``(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
I24``(C) impose additional restrictions or burdens on the use of funds by the State under the grant, which may include_
I26``(i) prohibiting use of such funds to pay the grant-related expenses of the State; or
I26``(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).
I20``(i) T5Prohibited UsesK._Grants awarded under this section may not be used for recreational or social purposes.
I20``(j) T5Authorization of AppropriationsK._There are authorized to be appropriated for grants under this section_
I22``(1) $400,000,000 for fiscal year 2008;
I22``(2) $500,000,000 for fiscal year 2009;
I22``(3) $600,000,000 for fiscal year 2010;
I22``(4) $800,000,000 for fiscal year 2011;
I22``(5) $1,000,000,000 for fiscal year 2012; and
I22``(6) such sums as necessary for each fiscal year thereafter.
I20``(k) T5Rule of ConstructionK._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.''.
I22(2) T4Technical and conforming amendmentK._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:
Q10

S6213
I42``Sec.1809.Emergency communications operability and interoperable communications grants.''

S6203
I20(b) T5Interoperable Communications PlansK._Section 7303 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 194) is amended_
I22(1) in subsection (f)_
I24(A) in paragraph (4), by striking ``and'' at the end;
I24(B) in paragraph (5), by striking the period at the end and inserting a semicolon; and
I24(C) by adding at the end the following:
I22``(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
I22``(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
I22(2) in subsection (g)(1), by striking ``or video'' and inserting ``and video''.
I20(c) T5National Emergency Communications PlanK._Section 1802(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended_
I22(1) in paragraph (8), by striking ``and'' at the end;
I22(2) in paragraph (9), by striking the period at the end and inserting a semicolon; and
I22(3) by adding at the end the following:
I22``(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).''.
I72SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
I20(a) T5In GeneralK._
I22(1) T4EstablishmentK._There is established in the Department an International Border Community Interoperable Communications Demonstration Project (referred to in this section as ``demonstration project'').
I22(2) T4Minimum number of communitiesK._The Secretary shall select no fewer than 6 communities to participate in a demonstration project.
I22(3) T4Location of communitiesK._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.
I20(b) T5Program RequirementsK._The demonstration projects shall_
I22(1) address the interoperable communications needs of emergency response providers and the National Guard;
I22(2) foster interoperable emergency communications systems_
I24(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
I24(B) with similar agencies in Canada or Mexico;
I22(3) identify common international cross-border frequencies for communications equipment, including radio or computer messaging equipment;
I22(4) foster the standardization of interoperable emergency communications equipment;
I22(5) identify solutions that will facilitate interoperable communications across national borders expeditiously;
I22(6) ensure that emergency response providers can communicate with each other and the public at disaster sites;
I22(7) provide training and equipment to enable emergency response providers to deal with threats and contingencies in a variety of environments;
I22(8) identify and secure appropriate joint-use equipment to ensure communications access; and
I22(9) identify solutions to facilitate communications between emergency response providers in communities of differing population densities.
I20(c) T5Distribution of FundsK._
I22(1) T4In generalK._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.
I22(2) T4Other participantsK._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.
I20(d) T5ReportingK._
I22(1) T4In generalK._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.
I22(2) T4ContentsK._Each report under this subsection shall contain the following:
I24(A) The name and location of all communities involved in the demonstration project.
I24(B) The amount of funding provided to each State for the demonstration project.
I24(C) An evaluation of the usefulness of the demonstration project towards developing an effective interoperable communications system at the borders.
I24(D) The factors that were used in determining how to distribute the funds in a risk-based manner.
I24(E) The specific risks inherent to a border community that make interoperable communications more difficult than in non-border communities.
I24(F) The optimal ways to prioritize funding for interoperable communication systems based upon risk.
I20(e) T5Authorization of AppropriationsK._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.
I78TITLE IV_EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM
I72SEC. 401. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
I20Section 622 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 763) is amended to read as follows:
I72``SEC. 622. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
I20``(a) T5DefinitionsK._In this section:
I22``(1) T4PopulationK._The term `population' means population according to the most recent United States census population estimates available at the start of the relevant fiscal year.
I22``(2) T4StateK._The term `State' has the meaning given that term in section 101 of the Homeland Security Act of 2002 (6 U.S.C. 101).
I20``(b) T5In GeneralK._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.
I20``(c) T5ApplicationK._
I22``(1) T4In generalK._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.
I22``(2) T4Annual applicationsK._Applicants for grants under this section shall apply or reapply on an annual basis for grants distributed under the program.
I20``(d) T5AllocationK._Funds available under the Emergency Management Performance Grants Program shall be allocated as follows:
I22``(1) T4Baseline amountK._
I24``(A) T4In generalK._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.
I24``(B) T4TerritoriesK._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.
I22``(2) T4Per capita allocationK._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.
I22``(3) T4Consistency in allocationK._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.
I20``(e) T5Allowable UsesK._Grants awarded under this section may be used to prepare for, respond to, recover from, and mitigate against all hazards through_
I22``(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);
I22``(2) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for Emergency Management Performance Grants; and
I22``(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.
I20``(f) T5Cost SharingK._
I22``(1) T4In generalK._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.
I22``(2) T4In-kind matchingK._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.
I20``(g) T5Distribution of FundsK._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.
I20``(h) T5Local and Tribal GovernmentsK._
I22``(1) T4In generalK._In allocating grant funds received under this section, a State shall take into account the needs of local and tribal governments.
I22``(2) T4Indian tribesK._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.
I20``(i) T5Emergency Operations Centers Improvement ProgramK._
I22``(1) T4In generalK._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.
I22``(2) T4RequirementsK._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).
I22``(3) T4Cost sharingK._
I24``(A) T4In generalK._The Federal share of the costs of an activity carried out with a grant under this subsection shall not exceed 75 percent.
I24``(B) T4In kind matchingK._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.
I20``(j) T5Authorization of AppropriationsK._There are authorized to be appropriated for grants under this section_
I22``(1) for fiscal year 2007, such sums as are necessary;
I22``(2) for each of fiscal years 2008, 2009, and 2010, $913,180,500; and
I22``(3) for fiscal year 2011, and each fiscal year thereafter, such sums as are necessary.''.
I78TITLE V_ENHANCING SECURITY OF INTERNATIONAL TRAVEL
I72SEC. 501. MODERNIZATION OF THE VISA WAIVER PROGRAM.
I20(a) T5Short TitleK._This section may be cited as the ``Secure Travel and Counterterrorism Partnership Act''.
I20(b) T5Sense of CongressK._It is the sense of Congress that_
I22(1) the United States should modernize the visa waiver program by simultaneously_
I24(A) enhancing program security requirements; and
I24(B) extending visa-free travel privileges to nationals of foreign countries that are allies in the war on terrorism; and
I22(2) the expansion described in paragraph (1) will_
I24(A) enhance bilateral cooperation on critical counterterrorism and information sharing initiatives;
I24(B) support and expand tourism and business opportunities to enhance long-term economic competitiveness; and
I24(C) strengthen bilateral relationships.
I20(c) T5Discretionary Visa Waiver Program ExpansionK._Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end the following:
I22``(8) T4Nonimmigrant visa refusal rate flexibilityK._
I24``(A) T4CertificationK._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.
I24``(B) T4WaiverK._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_
I26``(i) if the country meets all security requirements of this section;
I26``(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;
I26``(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;
I26``(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
I26``(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
I26``(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).
I24``(C) T4Maximum visa overstay rateK._
I26``(i) T4Requirement to establishK._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).
I26``(ii) T4Visa overstay rate definedK._In this paragraph the term `visa overstay rate' means, with respect to a country, the ratio of_
I28``(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
I28``(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.
I26``(iii) T4Report and publicationK._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.
I22``(9) T4Discretionary security-related considerationsK._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_
I24``(A) airport security standards in the country;
I24``(B) whether the country assists in the operation of an effective air marshal program;
I24``(C) the standards of passports and travel documents issued by the country; and
I24``(D) other security-related factors.''.
I20(d) T5Security Enhancements to the Visa Waiver ProgramK._
I22(1) T4In generalK._Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended_
I24(A) in subsection (a)_
I26(i) by striking ``Operators of aircraft'' and inserting the following:
I22``(10) T4Electronic transmission of identification informationK._Operators of aircraft''; and
I26(ii) by adding at the end the following:
I22``(11) T4Eligibility determination under the electronic travel authorization systemK._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.'';
I24(B) in subsection (c), as amended by subsection (c) of this section_
I26(i) in paragraph (2)_
I28(I) by amending subparagraph (D) to read as follows:
I24``(D) T4Reporting lost and stolen passportsK._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
I28(II) by adding at the end the following:
I24``(E) T4Repatriation of aliensK._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.
I24``(F) T4Passenger information exchangeK._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.'';.
I26(ii) in paragraph (5)_
I28(I) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; and
I28(II) in subparagraph (A)(i)_
I30(aa) in subclause (II), by striking ``and'' at the end;
I30(bb) in subclause (III), by striking the period at the end and inserting ``; and''; and
I30(cc) by adding at the end the following:
I28``(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
I26(iii) by adding at the end the following:
I22``(10) T4Technical assistanceK._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.'';
I24(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.'';
I24(D) in subsection (f)(5), by striking ``of blank'' and inserting ``or loss of''; and
I24(E) in subsection (h), by adding at the end the following:
I22``(3) T4Electronic travel authorization systemK._
I24``(A) T4SystemK._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.
I24``(B) T4FeesK._The Secretary of Homeland Security may charge a fee for the use of the System, which shall be_
I26``(i) set at a level that will ensure recovery of the full costs of providing and administering the System; and
I26``(ii) available to pay the costs incurred to administer the System.
I24``(C) T4ValidityK._
I26``(i) T4PeriodK._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.
I26``(ii) T4LimitationK._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.
I26``(iii) T4Judicial reviewK._Notwithstanding any other provision of law, no court shall have jurisdiction to review an eligibility determination under the System.
I24``(D) T4ReportK._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_
I26``(i) the Committee on Homeland Security and Governmental Affairs of the Senate;
I26``(ii) the Committee on the Judiciary of the Senate;
I26``(iii) the Select Committee on Intelligence of the Senate;
I26``(iv) the Committee on Appropriations of the Senate;
I26``(v) the Committee on Homeland Security of the House of Representatives;
I26``(vi) the Committee on the Judiciary of the House of Representatives;
I26``(vii) the Permanent Select Committee on Intelligence of the House of Representatives; and
I26``(viii) the Committee on Appropriations of the House of Representatives.''.
I22(2) T4Effective dateK._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.
I20(e) T5Exit SystemK._
I22(1) T4In generalK._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).
I22(2) T4System requirementsK._The system established under paragraph (1) shall_
I24(A) match biometric information of the alien against relevant watch lists and immigration information; and
I24(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.
I22(3) T4ReportK._Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report to Congress that describes_
I24(A) the progress made in developing and deploying the exit system established under this subsection; and
I24(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.
I20(f) T5Authorization of AppropriationsK._There are authorized to be appropriated such sums as may be necessary to carry out this section and the amendments made by this section.
I72SEC. 502. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND TRAFFICKING CENTER.
I20(a) T5In GeneralK._Section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended_
I22(1) in subsection (c)(1), by striking ``address'' and inserting ``integrate and disseminate intelligence and information related to'';
I22(2) by redesignating subsections (d) and (e) as subsections (g) and (h), respectively; and
I22(3) by inserting after subsection (c) the following new subsections:
I20``(d) T5DirectorK._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'.
I20``(e) T5Staffing of the CenterK._
I22``(1) T4In generalK._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:
I24``(A) The Office of Intelligence and Analysis.
I24``(B) The Transportation Security Administration.
I24``(C) The United States Citizenship and Immigration Services.
I24``(D) The United States Customs and Border Protection.
I24``(E) The United States Coast Guard.
I24``(F) The United States Immigration and Customs Enforcement.
I24``(G) The Central Intelligence Agency.
I24``(H) The Department of Defense.
I24``(I) The Department of the Treasury.
I24``(J) The National Counterterrorism Center.
I24``(K) The National Security Agency.
I24``(L) The Department of Justice.
I24``(M) The Department of State.
I24``(N) Any other relevant agency or department.
I22``(2) T4Expertise of detaileesK._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_
I24``(A) consular affairs;
I24``(B) counterterrorism;
I24``(C) criminal law enforcement;
I24``(D) intelligence analysis;
I24``(E) prevention and detection of document fraud;
I24``(F) border inspection; or
I24``(G) immigration enforcement.
I22``(3) T4Reimbursement for detaileesK._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.
I20``(f) T5Administrative Support and FundingK._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.''.
I20(b) T5ReportK._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_
I22(1) in the heading, by striking ``T5ReportK'' and inserting ``T4Initial reportK'';
I22(2) by redesignating such subsection (g) as paragraph (1);
I22(3) by indenting such paragraph, as so designated, four ems from the left margin;
I22(4) by inserting before such paragraph, as so designated, the following:
I20``(g) T5ReportK._''; and
I22(5) by inserting after such paragraph, as so designated, the following new paragraph:
I22``(2) T4Follow-up reportK._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_
I24``(A) the roles and responsibilities of each agency or department that is participating in the Center;
I24``(B) the mechanisms used to share information among each such agency or department;
I24``(C) the staff provided to the Center by each such agency or department;
I24``(D) the type of information and reports being disseminated by the Center; and
I24``(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.''.
I20(c) T5Authorization of AppropriationsK._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.
I72SEC. 503. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.
I20Section 7215 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 123) is amended to read as follows:
I72``SEC. 7215. TERRORIST TRAVEL PROGRAM.
I20``(a) T5Requirement to EstablishK._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.
I20``(b) T5Head of the ProgramK._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_
I22``(1) the Assistant Secretary for Policy of the Department of Homeland Security; or
I22``(2) an official appointed by the Secretary who reports directly to the Secretary.
I20``(c) T5DutiesK._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_
I22``(1) developing relevant strategies and policies;
I22``(2) reviewing the effectiveness of existing programs and recommending improvements, if necessary;
I22``(3) making recommendations on budget requests and on the allocation of funding and personnel;
I22``(4) ensuring effective coordination, with respect to policies, programs, planning, operations, and dissemination of intelligence and information related to terrorist travel_
I24``(A) among appropriate subdivisions of the Department of Homeland Security, as determined by the Secretary and including_
I26``(i) the United States Customs and Border Protection;
I26``(ii) the United States Immigration and Customs Enforcement;
I26``(iii) the United States Citizenship and Immigration Services;
I26``(iv) the Transportation Security Administration; and
I26``(v) the United States Coast Guard; and
I24``(B) between the Department of Homeland Security and other appropriate Federal agencies; and
I22``(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.
I20``(d) T5ReportK._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.''.
I72SEC. 504. ENHANCED DRIVER'S LICENSE.
I20Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) is amended_
I22(1) in subparagraph (B)_
I24(A) in clause (vi), by striking ``and'' at the end;
I24(B) in clause (vii), by striking the period at the end and inserting ``; and''; and
I24(C) by adding at the end the following:
I26``(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
I22(2) by adding at the end the following:
I24``(C) T4ReportK._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_
I26``(i) an analysis of the impact of the pilot program on national security;
I26``(ii) recommendations on how to expand the pilot program to other States;
I26``(iii) any appropriate statutory changes to facilitate the expansion of the pilot program to additional States and to citizens of Canada;
I26``(iv) a plan to scan individuals participating in the pilot program against United States terrorist watch lists; and
I26``(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.''.
I72SEC. 505. WESTERN HEMISPHERE TRAVEL INITIATIVE.
I20Before publishing a final rule in the Federal Register, the Secretary shall conduct_
I22(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 108ÿ09458; 8 U.S.C. 1185 note); and
I22(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.
I72SEC. 506. MODEL PORTS-OF-ENTRY.
I20(a) T4In General._KThe Secretary of Homeland Security shall_
I22(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
I22(2) implement the program initially at the 20 United States international airports with the greatest average annual number of arriving foreign visitors.
I20(b) T4Program Elements._KThe program shall include_
I22(1) enhanced queue management in the Federal Inspection Services area leading up to primary inspection;
I22(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
I22(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.
I20(c) T4Additional Customs and Border Protection Officers for High Volume Ports._KSubject 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.
I78TITLE VI_PRIVACY AND CIVIL LIBERTIES MATTERS
I72SEC. 601. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
I20(a) T5Modification of AuthoritiesK._Section 1061 of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108ÿ09458; 5 U.S.C. 601 note) is amended to read as follows:
I72``SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
I20``(a) T5In GeneralK._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').
I20``(b) T5FindingsK._Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
I22``(1) In conducting the war on terrorism, the Government may need additional powers and may need to enhance the use of its existing powers.
I22``(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.
I20``(c) T5PurposeK._The Board shall_
I22``(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
I22``(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.
I20``(d) T5FunctionsK._
I22``(1) T4Advice and counsel on policy development and implementationK._The Board shall_
I24``(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;
I24``(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;
I24``(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
I24``(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_
I26``(i) that the need for the power is balanced with the need to protect privacy and civil liberties;
I26``(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
I26``(iii) that there are adequate guidelines and oversight to properly confine its use.
I22``(2) T4OversightK._The Board shall continually review_
I24``(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;
I24``(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
I24``(C) other actions by the executive branch related to efforts to protect the Nation from terrorism to determine whether such actions_
I26``(i) appropriately protect privacy and civil liberties; and
I26``(ii) are consistent with governing laws, regulations, and policies regarding privacy and civil liberties.
I22``(3) T4Relationship with privacy and civil liberties officersK._The Board shall_
I24``(A) review and assess reports and other information from privacy officers and civil liberties officers under section 1062;
I24``(B) when appropriate, make recommendations to such privacy officers and civil liberties officers regarding their activities; and
I24``(C) when appropriate, coordinate the activities of such privacy officers and civil liberties officers on relevant interagency matters.
I22``(4) T4TestimonyK._The members of the Board shall appear and testify before Congress upon request.
I20``(e) T5ReportsK._
I22``(1) T4In generalKThe Board shall_
I24``(A) receive and review reports from privacy officers and civil liberties officers under section 1062; and
I24``(B) periodically submit, not less than semiannually, reports_
I26``(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
I26``(II) to the President; and
I26``(ii) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.
I22``(2) T4ContentsK._Not less than 2 reports submitted each year under paragraph (1)(B) shall include_
I24``(A) a description of the major activities of the Board during the preceding period;
I24``(B) information on the findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d);
I24``(C) the minority views on any findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d);
I24``(D) each proposal reviewed by the Board under subsection (d)(1) that_
I26``(i) the Board advised against implementation; and
I26``(ii) notwithstanding such advice, actions were taken to implement; and
I24``(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.
I20``(f) T5Informing the PublicK._The Board shall_
I22``(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
I22``(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.
I20``(g) T5Access to InformationK._
I22``(1) T4AuthorizationK._If determined by the Board to be necessary to carry out its responsibilities under this section, the Board is authorized to_
I24``(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;
I24``(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;
I24``(C) request information or assistance from any State, tribal, or local government; and
I24``(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.
I22``(2) T4Review of subpoena requestK._
I24``(A) T4In generalK._Not later than 30 days after the date of receipt of a request by the Board under paragraph (1)(D), the Attorney General shall_
I26``(i) issue the subpoena as requested; or
I26``(ii) provide the Board, in writing, with an explanation of the grounds on which the subpoena request has been modified or denied.
I24``(B) T4NotificationK._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.
I22``(3) T4Enforcement of subpoenaK._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.
I22``(4) T4Agency cooperationK._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.
I20``(h) T5MembershipK._
I22``(1) T4MembersK._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.
I22``(2) T4QualificationsK._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.
I22``(3) T4Incompatible officeK._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.
I22``(4) T4TermK._Each member of the Board shall serve a term of 6 years, except that_
I24``(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;
I24``(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_
I26``(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
I26``(ii) after the adjournment sine die of the session of the Senate in which such nomination is submitted; and
I24``(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.
I22``(5) T4Quorum and meetingsK._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.
I20``(i) T5Compensation and Travel ExpensesK._
I22``(1) T4CompensationK._
I24``(A) T4ChairmanK._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.
I24``(B) T4MembersK._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.
I22``(2) T4Travel expensesK._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.
I20``(j) T5StaffK._
I22``(1) T4Appointment and compensationK._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.
I22``(2) T4DetaileesK._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.
I22``(3) T4Consultant servicesK._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.
I20``(k) T5Security ClearancesK._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.
I20``(l) T5Treatment as Agency, Not as Advisory CommitteeK._The Board_
I22``(1) is an agency (as defined in section 551(1) of title 5, United States Code); and
I22``(2) is not an advisory committee (as defined in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
I20``(m) T5Authorization of AppropriationsK._There are authorized to be appropriated to carry out this section amounts as follows:
I22``(1) For fiscal year 2008, $5,000,000.
I22``(2) For fiscal year 2009, $6,650,000.
I22``(3) For fiscal year 2010, $8,300,000.
I22``(4) For fiscal year 2011, $10,000,000.
I22``(5) For fiscal year 2012, and each fiscal year thereafter, such sums as may be necessary.''.
I20(b) T5Continuation of Service of Current Members of Privacy and Civil Liberties BoardK._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_
I22(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);
I22(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_
I24(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
I24(B) after the adjournment sine die of the session of the Senate in which such nomination is submitted; or
I22(3) the appointment of members of the Board under such section 1061 (as so amended), except that no member may serve under this paragraph_
I24(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
I24(B) after the adjournment sine die of the session of the Senate in which such nomination is submitted.
I72SEC. 602. PRIVACY AND CIVIL LIBERTIES OFFICERS.
I20(a) T5In GeneralK._Section 1062 of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108ÿ09458; 118 Stat. 3688) is amended to read as follows:
I72``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.
I20``(a) T5Designation and FunctionsK._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_
I22``(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;
I22``(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;
I22``(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
I22``(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_
I24``(A) that the need for the power is balanced with the need to protect privacy and civil liberties;
I24``(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
I24``(C) that there are adequate guidelines and oversight to properly confine its use.
I20``(b) T5Exception to Designation AuthorityK._
I22``(1) T4Privacy officersK._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.
I22``(2) T4Civil liberties officersK._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.
I20``(c) T5Supervision and CoordinationK._Each privacy officer or civil liberties officer described in subsection (a) or (b) shall_
I22``(1) report directly to the head of the department, agency, or element concerned; and
I22``(2) coordinate their activities with the Inspector General of such department, agency, or element to avoid duplication of effort.
I20``(d) T5Agency CooperationK._The head of each department, agency, or element shall ensure that each privacy officer and civil liberties officer_
I22``(1) has the information, material, and resources necessary to fulfill the functions of such officer;
I22``(2) is advised of proposed policy changes;
I22``(3) is consulted by decision makers; and
I22``(4) is given access to material and personnel the officer determines to be necessary to carry out the functions of such officer.
I20``(e) T5Reprisal for Making ComplaintK._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.
I20``(f) T5Periodic ReportsK._
I22``(1) T4In generalK._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_
I24``(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;
I24``(ii) to the head of such department, agency, or element; and
I24``(iii) to the Privacy and Civil Liberties Oversight Board; and
I24``(B) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.
I22``(2) T4ContentsK._Each report submitted under paragraph (1) shall include information on the discharge of each of the functions of the officer concerned, including_
I24``(A) information on the number and types of reviews undertaken;
I24``(B) the type of advice provided and the response given to such advice;
I24``(C) the number and nature of the complaints received by the department, agency, or element concerned for alleged violations; and
I24``(D) a summary of the disposition of such complaints, the reviews and inquiries conducted, and the impact of the activities of such officer.
I20``(g) T5Informing the PublicK._Each privacy officer and civil liberties officer shall_
I22``(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
I22``(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.
I20``(h) T5Savings ClauseK._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.''.
I20(b) T5Clerical AmendmentK._The table of contents for the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108ÿ09458) is amended by striking the item relating to section 1062 and inserting the following new item:
Q10

S6213
I42``Sec.1062.Privacy and civil liberties officers.''.

S6203
I72SEC. 603. DEPARTMENT PRIVACY OFFICER.
I20Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is amended_
I22(1) by inserting ``(a) T5Appointment and ResponsibilitiesK._'' before ``The Secretary''; and
I22(2) by adding at the end the following:
I20``(b) T5Authority T1TT5o InvestigateK._
I22``(1) T4In generalK._The senior official appointed under subsection (a) may_
I24``(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;
I24``(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;
I24``(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
I24``(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.
I22``(2) T4Enforcement of subpoenasK._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.
I22``(3) T4Effect of oathsK._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.
I20``(c) T5Supervision and CoordinationK._
I22``(1) T4In generalK._The senior official appointed under subsection (a) shall_
I24``(A) report to, and be under the general supervision of, the Secretary; and
I24``(B) coordinate activities with the Inspector General of the Department in order to avoid duplication of effort.
I22``(2) T4Notification to congress on removalK._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_
I24``(A) promptly submit a written notification of the removal or transfer to Houses of Congress; and
I24``(B) include in any such notification the reasons for the removal or transfer.
I20``(d) T5Reports by Senior Official to CongressK._The senior official appointed under subsection (a) shall_
I22``(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
I22``(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_
I24``(A) 30 days after the Secretary disapproves the senior official's request for a subpoena under subsection (b)(1)(C) or the Secretary substantively modifies the requested subpoena; or
I24``(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.''.
I72SEC. 604. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.
I20(a) T5Short TitleK._This section may be cited as the ``Federal Agency Data Mining Reporting Act of 2007''.
I20(b) T5DefinitionsK._In this section:
I22(1) T4Data miningK._The term ``data mining'' means a program involving pattern-based queries, searches, or other analyses of 1 or more electronic databases, where_
I24(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;
I24(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
I24(C) the purpose of the queries, searches, or other analyses is not solely_
I26(i) the detection of fraud, waste, or abuse in a Government agency or program; or
I26(ii) the security of a Government computer system.
I22(2) T4DatabaseK._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.
I20(c) T5Reports on Data Mining Activities by Federal AgenciesK._
I22(1) T4In generalK._Subsection (d) of this section shall have no force or effect.
I22(2) T4ReportsK._
I24(A) T4Requirement for reportK._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).
I24(B) T4Content of reportK._Each report submitted under subparagraph (A) shall include, for each activity to use or develop data mining, the following information:
I26(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.
I26(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.
I26(iii) A thorough description of the data sources that are being or will be used.
I26(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.
I26(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.
I26(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.
I26(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_
I28(I) protect the privacy and due process rights of individuals, such as redress procedures; and
I28(II) ensure that only accurate and complete information is collected, reviewed, gathered, analyzed, or used, and guard against any harmful consequences of potential inaccuracies.
I24(C) T4AnnexK._
I26(i) T4In generalK._A report under subparagraph (A) shall include in an annex any necessary_
I28(I) classified information;
I28(II) law enforcement sensitive information;
I28(III) proprietary business information; or
I28(IV) trade secrets (as that term is defined in section 1839 of title 18, United States Code).
I26(ii) T4AvailabilityK._Any annex described in clause (i)_
I28(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
I28(II) shall not be made available to the public.
I24(D) T4Time for reportK._Each report required under subparagraph (A) shall be_
I26(i) submitted not later than 180 days after the date of enactment of this Act; and
I26(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).
I20(d) T5Reports on Data Mining Activities by Federal AgenciesK._
I22(1) T4Requirement for reportK._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).
I22(2) T4Content of reportK._Each report submitted under paragraph (1) shall include, for each activity to use or develop data mining, the following information:
I24(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.
I24(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.
I24(C) A thorough description of the data sources that are being or will be used.
I24(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.
I24(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.
I24(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.
I24(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_
I26(i) protect the privacy and due process rights of individuals, such as redress procedures; and
I26(ii) ensure that only accurate information is collected, reviewed, gathered, analyzed, or used.
I24(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.
I22(3) T4Time for reportK._Each report required under paragraph (1) shall be_
I24(A) submitted not later than 180 days after the date of enactment of this Act; and
I24(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).
I78TITLE VII_ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION
I72SEC. 701. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
I20(a) T5In GeneralK._Title III of the Homeland Security Act of 2002 (6 U.S.C. et seq.) is amended by adding at the end the following:
I72``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
I20``(a) T5DefinitionsK._In this section_
I22``(1) the term `biological event of national significance' means_
I24``(A) an act of terrorism that uses a biological agent, toxin, or other product derived from a biological agent; or
I24``(B) a naturally-occurring outbreak of an infectious disease that may result in a national epidemic;
I22``(2) the term `Member Agencies' means the departments and agencies described in subsection (d)(1);
I22``(3) the term `NBIC' means the National Biosurveillance Integration Center established under subsection (b);
I22``(4) the term `NBIS' means the National Biosurveillance Integration System established under subsection (b); and
I22``(5) the term `Privacy Officer' means the Privacy Officer appointed under section 222.
I20``(b) T5EstablishmentK._The Secretary shall establish, operate, and maintain a National Biosurveillance Integration Center, headed by a Directing Officer, under an existing office or directorate of the Department, subject to the availability of appropriations, to oversee development and operation of the National Biosurveillance Integration System.
I20``(c) T5Primary MissionK._The primary mission of the NBIC is to enhance the capability of the Federal Government to_
I22``(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
I22``(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.
I20``(d) T5RequirementsK._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_
I22``(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;
I22``(2) seeking private sources of surveillance, both foreign and domestic, when such sources would enhance coverage of critical surveillance gaps;
I22``(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;
I22``(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;
I22``(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
I22``(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.
I20``(e) T5Responsibilities of the SecretaryK._
I22``(1) T4In generalK._The Secretary shall_
I24``(A) ensure that the NBIC is fully operational not later than September 30, 2008;
I24``(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.
I20``(f) T5Responsibilities of the Directing Officer of the NBICK._
I22``(1) T4In generalK._The Directing Officer of the NBIC shall_
I24``(A) establish an entity to perform all operations and assessments related to the NBIS;
I24``(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;
I24``(C) on an ongoing basis, review and seek to improve the statistical and other analytical methods utilized by the NBIS;
I24``(D) receive and consider other relevant homeland security information, as appropriate; and
I24``(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.
I22``(2) T4AssessmentsK._The Directing Officer of the NBIC shall_
I24``(A) on an ongoing basis, evaluate available data for evidence of a biological event of national significance; and
I24``(B) integrate homeland security information with NBIS data to provide overall situational awareness and determine whether a biological event of national significance has occurred.
I22``(3) T4Information sharingK._
I24``(A) T4In generalK._The Directing Officer of the NBIC shall_
I26``(i) establish a method of real-time communication with the National Operations Center, to be known as the Biological Common Operating Picture;
I26``(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;
I26``(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
I26``(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.
I24``(B) T4CoordinationK._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.
I20``(g) T5Responsibilities of the NBIC Member AgenciesK._
I22``(1) T4In generalK._Each Member Agency shall_
I24``(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;
I24``(B) participate in the formation and maintenance of the Biological Common Operating Picture to facilitate timely and accurate detection and reporting;
I24``(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;
I24``(D) participate in the formation of strategy and policy for the operation of the NBIC and its information sharing; and
I24``(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.
I20``(h) T5Administrative AuthoritiesK._
I22``(1) T4Hiring of expertsK._The Directing Officer of the NBIC shall hire individuals with the necessary expertise to develop and operate the NBIS.
I22``(2) T4Detail of personnelK._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.
I20``(i) T5Joint Biosurveillance Leadership CouncilK._The Directing Officer of the NBIC shall_
I22``(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
I22``(2) invite Member Agencies to serve on such council.
I20``(j) T5Relationship to Other Departments and AgenciesK._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.
I20``(k) T5Authorization of AppropriationsK._There are authorized to be appropriated such sums as are necessary to carry out this section.''.
I20(b) T5Conforming AmendmentK._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:
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I42``Sec.316.National Biosurveillance Integration Center.''.

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I72SEC. 702. BIOSURVEILLANCE EFFORTS.
I20The Comptroller General of the United States shall submit a report to Congress describing_
I22(1) the state of Federal, State, local, and tribal government biosurveillance efforts as of the date of such report;
I22(2) any duplication of effort at the Federal, State, local, or tribal government level to create biosurveillance systems; and
I22(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.
I72SEC. 703. INTERAGENCY COORDINATION TO ENHANCE DEFENSES AGAINST NUCLEAR AND RADIOLOGICAL WEAPONS OF MASS DESTRUCTION.
I20(a) T5In GeneralK._The Homeland Security Act of 2002 is amended by adding after section 1906, as redesignated by section 203 of this Act, the following:
I72``SEC. 1907. JOINT ANNUAL REVIEW OF GLOBAL NUCLEAR DETECTION ARCHITECTURE.
I20``(a) T5Annual ReviewK._
I22``(1) T4In generalK._The Secretary, the Attorney General, the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the Director of National Intelligence shall jointly ensure interagency coordination on the development and implementation of the global nuclear detection architecture by ensuring that, not less frequently than once each year_
I24``(A) each relevant agency, office, or entity_
I26``(i) assesses its involvement, support, and participation in the development, revision, and implementation of the global nuclear detection architecture;
I26``(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
I24``(B) each agency, office, or entity deploying or operating any technology acquired by the Office_
I26``(i) evaluates the deployment and operation of that technology by that agency, office, or entity;
I26``(ii) identifies detection performance deficiencies and operational or technical deficiencies in that technology; and
I26``(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.
I22``(2) T4TechnologyK._Not less frequently than once each year, the Secretary shall examine and evaluate the development, assessment, and acquisition of technology by the Office.
I20``(b) T5Annual ReportK._
I22``(1) T4In generalK._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_
I24``(A) the President;
I24``(B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
I24``(C) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives.
I22``(2) T4FormK._Each report submitted under paragraph (1) shall be submitted in unclassified form to the maximum extent practicable, but may include a classified annex.
I20``(c) T5DefinitionK._In this section, the term `global nuclear detection architecture' means the global nuclear detection architecture developed under section 1902.''.
I20(b) T5Technical and Conforming AmendmentK._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:
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I42``Sec.1907.Joint annual review of global nuclear detection architecture.''.

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I78TITLE VIII_PRIVATE SECTOR PREPAREDNESS
I72SEC. 801. DEFINITIONS.
I20(a) T5In GeneralK._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.
I20(b) T5Homeland Security Act of 2002K._Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the following:
I22``(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).''.
I72SEC. 802. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF THE DEPARTMENT.
I20(a) T5In GeneralK._Section 102(f) of the Homeland Security Act of 2002 (6 U.S.C. 112(f)) is amended_
I22(1) by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; and
I22(2) by inserting after paragraph (7) the following:
I22``(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;''.
I20(b) T5Private Sector Advisory CouncilsK._Section 102(f)(4) of the Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is amended_
I22(1) in subparagraph (A), by striking ``and'' at the end;
I22(2) in subparagraph (B), by adding ``and'' at the end; and
I22(3) by adding at the end the following:
I24``(C) advise the Secretary on private sector preparedness issues, including effective methods for_
I26``(i) promoting voluntary national preparedness standards to the private sector;
I26``(ii) assisting the private sector in adopting voluntary national preparedness standards; and
I26``(iii) developing and implementing the accreditation and certification program under section 522;''.
I72SEC. 803. VOLUNTARY NATIONAL PREPAREDNESS STANDARDS COMPLIANCE; ACCREDITATION AND CERTIFICATION PROGRAM FOR THE PRIVATE SECTOR.
I20(a) T5In GeneralK._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:
I72``SEC. 522. VOLUNTARY NATIONAL PREPAREDNESS STANDARDS COMPLIANCE; ACCREDITATION AND CERTIFICATION PROGRAM FOR THE PRIVATE SECTOR.
I20``(a) T5Accreditation and Certification ProgramK._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_
I22``(1) support the development, promulgating, and updating, as necessary, of voluntary national preparedness standards; and
I22``(2) develop, implement, and promote a program to certify the preparedness of private sector entities.
I20``(b) T5Program ElementsK._
I22``(1) T4In generalK._
I24``(A) T4ProgramK._The program developed and implemented under this section shall assess whether a private sector entity complies with voluntary national preparedness standards.
I24``(B) T4GuidelinesK._In developing the program under this section, the Secretary shall develop guidelines for the accreditation and certification processes established under this section.
I22``(2) T4StandardsK._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_
I24``(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
I24``(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.
I22``(3) T4TieringK._The certification program developed under this section may use a multiple-tiered system to rate the preparedness of a private sector entity.
I22``(4) T4Small business concernsK._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.
I22``(5) T4ConsiderationsK._In developing and implementing the program under this section, the Secretary shall_
I24``(A) consider the unique nature of various sectors within the private sector, including preparedness, business continuity standards, or best practices, established_
I26``(i) under any other provision of Federal law; or
I26``(ii) by any sector-specific agency, as defined under Homeland Security Presidential Directive-7; and
I24``(B) coordinate the program, as appropriate, with_
I26``(i) other Department private sector related programs; and
I26``(ii) preparedness and business continuity programs in other Federal agencies.
I20``(c) T5Accreditation and Certification ProcessesK._
I22``(1) T4AgreementK._
I24``(A) T4In generalK._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.
I24``(B) T4ContentsK._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.
I22``(2) T4Procedures and requirements for accreditation and certificationK._
I24``(A) T4In generalK._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).
I24``(B) T4Contents and useK._The procedures and requirements developed under subparagraph (A) shall_
I26``(i) ensure reasonable uniformity in the accreditation and certification processes if there is more than 1 selected entity; and
I26``(ii) be used by any selected entity in conducting accreditations and overseeing the certification process under this section.
I24``(C) T4DisagreementK._Any disagreement among selected entities in developing procedures under subparagraph (A) shall be resolved by the Secretary.
I22``(3) T4DesignationK._A selected entity may accredit any qualified third party to carry out the certification process under this section.
I22``(4) T4Third partiesK._To be accredited under paragraph (3), a third party shall_
I24``(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);
I24``(B) agree to perform certifications in accordance with such procedures and requirements;
I24``(C) agree not to have any beneficial interest in or any direct or indirect control over_
I26``(i) a private sector entity for which that third party conducts a certification under this section; or
I26``(ii) any organization that provides preparedness consulting services to private sector entities;
I24``(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;
I24``(E) maintain liability insurance coverage at policy limits in accordance with the requirements developed under paragraph (2); and
I24``(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.
I22``(5) T4MonitoringK._
I24``(A) T4In generalK._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.
I24``(B) T4RevocationK._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_
I26``(i) revoke the accreditation of that third party to conduct certifications under this section; and
I26``(ii) review any certification conducted by that third party, as necessary and appropriate.
I20``(d) T5Annual ReviewK._
I22``(1) T4In generalK._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.
I22``(2) T4Review of standardsK._Each review under paragraph (1) shall include an assessment of the voluntary national preparedness standards used in the program under this section.
I20``(e) T5Compliance by Entities Seeking CertificationK._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.
I20``(f) T5Voluntary ParticipationK._Certification under this section shall be voluntary for any private sector entity.
I20``(g) T5Public ListingK._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.
I20``(h) T5DefinitionK._In this section, the term `selected entity' means any entity entering an agreement with the Secretary under subsection (c)(1)(A).''.
I20(b) T5Technical and Conforming AmendmentK._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:
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I42``Sec.522.Voluntary national preparedness standards compliance; accreditation and certification program for the private sector.''.

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I72SEC. 804. SENSE OF CONGRESS REGARDING PROMOTING AN INTERNATIONAL STANDARD FOR PRIVATE SECTOR PREPAREDNESS.
I20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.
I72SEC. 805. DEMONSTRATION PROJECT.
I20Not later than 120 days after the date of enactment of this Act, the Secretary shall_
I22(1) establish a demonstration project to conduct demonstrations of security management systems that_
I24(A) shall use a management system standards approach; and
I24(B) may be integrated into quality, safety, environmental and other internationally adopted management systems; and
I22(2) enter into 1 or more agreements with a private sector entity to conduct such demonstrations of security management systems.
I72SEC. 806. REPORT TO CONGRESS.
I20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_
I22(1) any action taken to implement this title or an amendment made by this title; and
I22(2) the status, as of the date of that report, of the implementation of this title and the amendments made by this title.
I72SEC. 807. RULE OF CONSTRUCTION.
I20Nothing in this title may be construed to supercede any preparedness or business continuity standards, requirements, or best practices established_
I22(1) under any other provision of Federal law; or
I22(2) by any sector-specific agency, as defined under Homeland Security Presidential Directive-7.
I78TITLE IX_TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
I72SEC. 901. TRANSPORTATION SECURITY STRATEGIC PLANNING.
I20(a) T5In GeneralK._Section 114(t)(1)(B) of title 49, United States Code, is amended to read as follows:
I24``(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.''.
I20(b) T5Contents of the National Strategy for Transportation SecurityK._Section 114(t)(3) of such title is amended_
I22(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'';
I22(2) in subparagraph (D)_
I24(A) by striking ``and local'' and inserting ``, local, and tribal''; and
I24(B) by striking ``private sector cooperation and participation'' and inserting ``cooperation and participation by private sector entities'';
I22(3) in subparagraph (E)_
I24(A) by striking ``response'' and inserting ``prevention, response,''; and
I24(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;
I22(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
I22(5) by adding at the end the following:
I24``(G) Short- and long-term budget recommendations for Federal transportation security programs, which reflect the priorities of the National Strategy for Transportation Security.
I24``(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.
I24``(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).''.
I20(c) T5Periodic Progress ReportsK._Section 114(t)(4) of such title is amended_
I22(1) in subparagraph (C)_
I24(A) in clause (i), by inserting ``, including the transportation modal security plans'' before the period at the end; and
I24(B) by striking clause (ii) and inserting the following:
I26``(ii) T4ContentK._Each progress report submitted under this subparagraph shall include the following:
I28``(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.
I28``(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.
I28``(III) An accounting of all_
I30``(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
I30``(bb) personnel working on transportation security by mode, including the number of contractors.
I26``(iii) T4Written explanation of transportation security activities not delineated in the national strategy for transportation securityK._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
I22(2) in subparagraph (E), by striking ``Select''.
I20(d) T5Priority StatusK._Section 114(t)(5)(B) of such title is amended_
I22(1) in clause (iii), by striking ``and'' at the end;
I22(2) by redesignating clause (iv) as clause (v); and
I22(3) by inserting after clause (iii) the following:
I26``(iv) the transportation sector specific plan required under Homeland Security Presidential Directive-7; and''.
I20(e) T5Coordination and Plan DistributionK._Section 114(t) of such title is amended by adding at the end the following:
I22``(6) T4CoordinationK._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.
I22``(7) T4Plan distributionK._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.''.
I72SEC. 902. TRANSPORTATION SECURITY INFORMATION SHARING.
I20(a) T5In GeneralK._Section 114 of title 49, United States Code, is amended by adding at the end the following:
I20``(u) T5Transportation Security Information Sharing PlanK._
I22``(1) T4Establishment of planK._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).
I22``(2) T4Purpose of planK._The Plan shall promote sharing of transportation security information between the Department of Homeland Security and public and private stakeholders.
I22``(3) T4Content of planK._The Plan shall include_
I24``(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;
I24``(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;
I24``(C) a reasonable deadline by which the Plan will be implemented; and
I24``(D) a description of resource needs for fulfilling the Plan.
I22``(4) T4Coordination with the information sharing environmentK._The Plan shall be_
I24``(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
I24``(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.
I22``(5) T4Reports to congressK._
I24``(A) T4In generalK._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.
I24``(B) T4Annual reportK._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.
I22``(6) T4SurveyK._
I24``(A) T4In generalK._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).
I24``(B) T4Information soughtK._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.
I22``(7) T4Security clearancesK._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.
I22``(8) T4Classification of materialK._The Secretary, to the greatest extent practicable, shall provide public and private stakeholders with specific and actionable information in an unclassified format.
I22``(9) T4DefinitionsK._In this subsection:
I24``(A) T4Appropriate congressional committeesK._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.
I24``(B) T4PlanK._The term `Plan' means the Transportation Security Information Sharing Plan established under paragraph (1).
I24``(C) T4Public and private stakeholdersK._The term `public and private stakeholders' means Federal, State, and local agencies, tribal governments, and appropriate private entities.
I24``(D) T4SecretaryK._The term `Secretary' means the Secretary of Homeland Security.
I24``(E) T4Transportation security informationK._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.''.
I20(b) T5Congressional Oversight of Security Assurance for Public and Private StakeholdersK._
I22(1) T4In generalK._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_
I24(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;
I24(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
I24(C) explains the reason for the denial of transportation security information to any stakeholder who had previously received such information.
I22(2) T4No report required if no changes in stakeholdersK._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.
I72SEC. 903. TRANSPORTATION SECURITY ADMINISTRATION PERSONNEL MANAGEMENT.
I20(a) T5TSA Employee DefinedK._In this section, the term ``TSA employee'' means an individual who holds_
I22(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
I22(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.
I20(b) T5Elimination of Certain Personnel Management AuthoritiesK._Effective 90 days after the date of enactment of this Act_
I22(1) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is repealed and any authority of the Secretary derived from such section 111(d) shall terminate;
I22(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
I22(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).
I20(c) T5Establishment of Certain Uniformity RequirementsK._
I22(1) T4System under subsection T1(e)(1)T4K._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.
I22(2) T4System under subsection T1(e)(2)T4K._Section 9701(b) of title 5, United States Code, is amended_
I24(A) in paragraph (4), by striking ``and'' at the end;
I24(B) in paragraph (5), by striking the period at the end and inserting ``; and''; and
I24(C) by adding at the end the following:
I22``(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).''.
I22(3) T4Effective dateK._
I24(A) T4Provisions relating to a system under subsection T1(e)(1)T4K._Any measures necessary to carry out paragraph (1) shall take effect 90 days after the date of enactment of this Act.
I24(B) T4Provisions relating to a system under subsection T1(e)(2)T4K._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.
I20(d) T5Report to CongressK._
I22(1) T4Report requiredK._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_
I24(A) the pay system that applies with respect to TSA employees as of the date of enactment of this Act; and
I24(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.
I22(2) T4Matters for inclusionK._The report required under paragraph (1) shall include_
I24(A) a brief description of each pay system described in paragraphs (1)(A) and (1)(B), respectively;
I24(B) a comparison of the relative advantages and disadvantages of each of those pay systems; and
I24(C) such other matters as the Comptroller General determines appropriate.
I20(e) T5Personnel Management System DescribedK._A personnel management system described in this subsection is_
I22(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
I22(2) any human resources management system, established under chapter 97 of title 5, United States Code.
I72SEC. 904. APPEAL RIGHTS AND EMPLOYEE ENGAGEMENT MECHANISM FOR PASSENGER AND PROPERTY SCREENERS.
I20(a) T5Appeal Rights for ScreenersK._
I22(1) T4In generalK._Section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is amended_
I24(A) by striking ``Notwithstanding'' and inserting the following:
I22``(1) T4In generalK._Except as provided in paragraphs (2) and (3) notwithstanding''; and
I24(B) by adding at the end the following:
I22``(2) T4Right to appeal adverse actionK._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.
I22``(3) T4Employee engagement mechanism for addressing workplace issuesK._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.''.
I22(2) T4Conforming amendmentsK._Section 111(d)(1) of the Aviation and Transportation Security Act, as amended by paragraph (1)(A), is amended_
I24(A) by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; and
I24(B) by striking ``Under Secretary'' each place such appears and inserting ``Administrator''.
I20(b) T5Whistleblower ProtectionsK._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''.
I20(c) T5Report to Congress.K_
I22(1) T5Report required.K_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_
I24(A) the pay system that applies with respect to TSA employees as of the date of enactment of this Act; and
I24(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.
I22(2) T5Matters for inclusion.K_The report required under paragraph (1) shall include_
I24(A) a brief description of each pay system described in paragraphs (1)(A) and (1)(B), respectively;
I24(B) a comparison of the relative advantages and disadvantages of each of those pay systems; and
I24(C) such other matters as the Comptroller General determines appropriate.
I20(d) This section shall take effect one day after the date of enactment.
I72SEC. 905. PLAN FOR 100 PERCENT SCANNING OF CARGO CONTAINERS.
I20Section 232(c) of the Security and Accountability For Every Port Act (6 U.S.C. 982(c)) is amended_
I22(1) by striking ``Not later'' and inserting the following:
I22``(1) T4In general._KNot later'';
I22(2) by resetting the left margin of the text thereof 2 ems from the left margin; and
I22(3) by inserting at the end thereof the following:
I22``(2) T5Plan for 100 percent scanning of cargo containers._K
I24``(A) T4In general._KThe 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.
I24``(B) T4Plan contents._KThe plan under subparagraph (A) shall include_
I26``(i) specific annual benchmarks for the percentage of cargo containers destined for the United States that are scanned at a foreign port;
I26``(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;
I26``(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
I26``(iv) an analysis of the scanning equipment, personnel, and technology necessary to reach the goal of 100 percent scanning of cargo containers.
I24``(C) T4Subsequent reports._KEach report under paragraph (1) after the initial report shall include an assessment of the progress toward implementing the plan under subparagraph (A).''.
I78TITLE X_INCIDENT COMMAND SYSTEM
I72SEC. 1001. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL FACILITIES TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR PREPAREDNESS.
I20Section 507(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 317(c)(2)) is amended_
I22(1) in subparagraph (H), by striking ``and'' at the end;
I22(2) by redesignating subparagraph (I) as subparagraph (K); and
I22(3) by inserting after subparagraph (H) the following:
I24``(I) coordinating with the private sector to help ensure private sector preparedness for natural disasters, acts of terrorism, or other man-made disasters;
I24``(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''.
I72SEC. 1002. CREDENTIALING AND TYPING TO STRENGTHEN INCIDENT COMMAND.
I20(a) T5In GeneralK._Title V of the Homeland Security Act of 2002 (6 U.S.C. 331 et seq.) is amended_
I22(1) by striking section 510 and inserting the following:
I72``SEC. 510. CREDENTIALING AND TYPING.
I20``(a) T5CredentialingK._
I22``(1) T4DefinitionsK._In this subsection_
I24``(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;
I24``(B) the term `credentialing' means evaluating an individual's qualifications for a specific position under guidelines created under this subsection and assigning such individual a qualification under the standards developed under this subsection; and
I24``(C) the term `credentialed' means an individual has been evaluated for a specific position under the guidelines created under this subsection.
I22``(2) T4RequirementsK._
I24``(A) T4In generalK._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.
I24``(B) T4ContentsK._The standards developed under subparagraph (A) shall_
I26``(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;
I26``(ii) be compatible with the National Incident Management System; and
I26``(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. 247dÿ097b).
I24``(C) T4TimeframeK._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.
I22``(3) T4Credentialing of department personnelK._
I24``(A) T4In generalK._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.
I24``(B) T4Strategic human capital planK._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.
I22``(4) T4Integration with national response planK._
I24``(A) T4Distribution of standardsK._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.
I24``(B) T4Credentialing of agenciesK._Not later than 6 months after the date on which the standards are provided under subparagraph (A), each agency described in subparagraph (A) shall_
I26``(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
I26``(ii) submit to the Secretary the name of each credentialed employee or volunteer of such agency.
I24``(C) T4LeadershipK._The Administrator shall provide leadership, guidance, and technical assistance to an agency described in subparagraph (A) to facilitate the credentialing process of that agency.
I22``(5) T4Documentation and database systemK._
I24``(A) T4In generalK._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.
I24``(B) T4AccessibilityK._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.
I24``(C) T4ConsiderationsK._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.
I22``(6) T4Guidance to state and local governmentsK._Not later than 6 months after the date of enactment of the Improving America's Security Act of 2007, the Administrator shall_
I24``(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
I24``(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).
I22``(7) T4ReportK._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.
I20``(b) T5Typing of ResourcesK._
I22``(1) T4DefinitionsK._In this subsection_
I24``(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
I24``(B) the term `typing' means to define in detail the minimum capabilities of an asset or resource.
I22``(2) T4RequirementsK._
I24``(A) T4In generalK._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.
I24``(B) T4ContentsK._The standards developed under subparagraph (A) shall_
I26``(i) be applicable to Federal, State, local, and tribal government; and
I26``(ii) be compatible with the National Incident Management System.
I22``(3) T4Typing of department resources and assetsK._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.
I22``(4) T4Integration with national response planK._
I24``(A) T4Distribution of standardsK._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.
I24``(B) T4Typing of agencies, assets, and resourcesK._Not later than 6 months after the date on which the standards are provided under subparagraph (A), each agency described in subparagraph (A) shall_
I26``(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
I26``(ii) submit to the Secretary a list of all types resources and assets.
I24``(C) T4LeadershipK._The Administrator shall provide leadership, guidance, and technical assistance to an agency described in subparagraph (A) to facilitate the typing process of that agency.
I22``(5) T4Documentation and database systemK._
I24``(A) T4In generalK._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.
I24``(B) T4AccessibilityK._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.
I22``(6) T4Guidance to state and local governmentsK._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_
I24``(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
I24``(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).
I22``(7) T4ReportK._Not later than 6 months after the date of enactment of the Improving America's Security Act of 2007, and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing the implementation of this subsection, including the number and type of Federal resources and assets ready to respond to a natural disaster, act of terrorism, or other man-made disaster.
I20``(c) T5Authorization of AppropriationsK._There are authorized to be appropriated such sums as necessary to carry out this section.''; and
I22(2) by adding after section 522, as added by section 803 of this Act, the following:
I72``SEC. 523. PROVIDING SECURE ACCESS TO CRITICAL INFRASTRUCTURE.
I20``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.''.
I20(b) T5Technical and Conforming AmendmentK._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:
Q10

S6213
I42``Sec.523.Providing secure access to critical infrastructure.''.

S6203
I78TITLE XI_CRITICAL INFRASTRUCTURE PROTECTION
I72SEC. 1101. CRITICAL INFRASTRUCTURE PROTECTION.
I20(a) T5Critical Infrastructure ListK._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_
I22(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_
I24(A) significant loss of life;
I24(B) severe economic harm;
I24(C) mass evacuations; or
I24(D) loss of a city, region, or sector of the economy as a result of contamination, destruction, or disruption of vital public services; and
I22(2) reflects a cross-sector analysis of critical infrastructure to determine priorities for prevention, protection, recovery, and restoration.
I20(b) T5Sector ListsK._The Secretary shall include levees in the Department's list of critical infrastructure sectors.
I20(c) T5MaintenanceK._Each list created under this section shall be reviewed and updated on an ongoing basis, but at least annually.
I20(d) T5Annual ReportK._
I22(1) T4GenerallyK._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_
I24(A) the criteria used to develop each list created under this section;
I24(B) the methodology used to solicit and verify submissions for each list;
I24(C) the name, location, and sector classification of assets in each list created under this section;
I24(D) a description of any additional lists or databases the Department has developed to prioritize critical infrastructure on the basis of risk; and
I24(E) how each list developed under this section will be used by the Secretary in program activities, including grant making.
I22(2) T4Classified informationK._
I24(A) T4In generalK._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.
I24(B) T4Retention of classificationK._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.
I72SEC. 1102. RISK ASSESSMENT AND REPORT.
I20(a) T5Risk AssessmentK._
I22(1) T4In generalK._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_
I24(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
I24(B) contain any actions or countermeasures proposed, recommended, or directed by the Secretary to address security concerns covered in the assessment.
I22(2) T4Reliance on other assessmentsK._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.
I20(b) T5ReportK._
I22(1) T4In generalK._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.
I22``(2) T4Classified informationK._
I24``(A) T4In generalK._The report under this subsection may contain a classified annex.
I24``(B) T4Retention of classificationK._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.''.
I72SEC. 1103. USE OF EXISTING CAPABILITIES.
I20Where appropriate, the Secretary shall use the National Infrastructure Simulation and Analysis Center to carry out the actions required under this title.
I72SEC. 1104. PRIORITIES AND ALLOCATIONS.
I20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_
I22(1) to reduce interruption of critical infrastructure operations during a terrorist attack, natural catastrophe, or other similar national emergency; and
I22(2) to minimize the impact of such catastrophes, as so described in section 1001(a)(1).
I78TITLE XII_CONGRESSIONAL OVERSIGHT OF INTELLIGENCE
I72SEC. 1201. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING INFORMATION.
I20(a) T5Amounts Requested Each Fiscal YearK._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.
I20(b) T5Amounts Authorized and Appropriated Each Fiscal YearK._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.
I20(c) T5Study on Disclosure of Additional InformationK._
I22(1) T4In generalK._The Director of National Intelligence shall conduct a study to assess the advisability of disclosing to the public amounts as follows:
I24(A) The aggregate amount of appropriations requested in the budget of the President for each fiscal year for each element of the intelligence community.
I24(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.
I22(2) T4RequirementsK._The study required by paragraph (1) shall_
I24(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
I24(B) take into specific account concerns relating to the disclosure of such information for each element of the intelligence community.
I22(3) T4ReportK._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).
I20(d) T5DefinitionsK._In this section_
I22(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
I22(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)).
I72SEC. 1202. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS.
I20(a) T5Response of Intelligence Community to Requests From Congress for Intelligence Documents and InformationK._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:
I89``RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS FOR INTELLIGENCE DOCUMENTS AND INFORMATION
I20``T5Sec. 508. K (a) T5Requests of CommitteesK._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.
I20``(b) T5Requests of Certain MembersK._(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.
I20``(2) Upon making a request covered by paragraph (1)_
I22``(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
I22``(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.
I20``(c) T5Assertion of PrivilegeK._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.
I20``(d) T5Independent Testimony of Intelligence OfficialsK._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_
I22``(1) to receive permission to testify before Congress; or
I22``(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.''.
I20(b) T5Disclosures of Certain Information to CongressK._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:
I89``DISCLOSURES TO CONGRESS
I20``T5Sec. 509. K (a) T5Authority to Disclose Certain InformationK._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.
I20``(b) T5Authorized IndividualK._(1) In this section, the term `authorized individual' means_
I22``(A) a Member of the Senate or the House of Representatives who is authorized to receive information of the type disclosed; or
I22``(B) an employee of the Senate or the House of Representatives who_
I24``(i) has an appropriate security clearance; and
I24``(ii) is authorized to receive information of the type disclosed.
I20``(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.
I20``(c) T5Covered Agency and Covered Information DefinedK._In this section:
I22``(1) The term `covered agency' means_
I24``(A) any department, agency, or element of the intelligence community;
I24``(B) a national intelligence center; and
I24``(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.
I22``(2) The term `covered information'_
I24``(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_
I26``(i) made to Congress; or
I26``(ii) contained in any intelligence assessment, report, or estimate; and
I24``(B) does not include information the disclosure of which is prohibited by rule 6(e) of the Federal Rules of Criminal Procedure.
I20``(d) T5Construction With Other Reporting RequirementsK._Nothing in this section may be construed to modify, alter, or otherwise affect_
I22``(1) any reporting requirement relating to intelligence activities that arises under this Act or any other provision of law; or
I22``(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.''.
I20(c) T5Clerical AmendmentK._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:
Q10

S6213
I42``Sec.508.Response of intelligence community to requests from Congress for intelligence documents and information.
I42``Sec.509.Disclosures to Congress.''.

S6203
I72SEC. 1203. PUBLIC INTEREST DECLASSIFICATION BOARD.
I20The Public Interest Declassification Act of 2000 (50 U.S.C. 435 note) is amended_
I22(1) in section 704(e)_
I24(A) by striking ``If requested'' and inserting the following:
I22``(1) T4In generalK._If requested''; and
I24(B) by adding at the end the following:
I22``(2) T4Authority of boardK._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.
I22``(3) T4ReportingK._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
I22(2) in section 710(b), by striking ``8 years after the date of the enactment of this Act'' and inserting ``on December 31, 2012''.
I72SEC. 1204. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11 COMMISSION RECOMMENDATIONS WITH RESPECT TO INTELLIGENCE REFORM AND CONGRESSIONAL INTELLIGENCE OVERSIGHT REFORM.
I20(a) T5FindingsK._Congress makes the following findings:
I22(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.
I22(2) In its final report, the 9/11 Commission found that_
I24(A) congressional oversight of the intelligence activities of the United States is dysfunctional;
I24(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;
I24(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;
I24(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
I24(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.
I22(3) The 9/11 Commission recommended structural changes to Congress to improve the oversight of intelligence activities.
I22(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.
I22(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.
I20(b) T5Sense of the SenateK._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_
I22(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;
I22(2) review and consider any other suggestions, options, or recommendations for improving intelligence oversight; and
I22(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.
I72SEC. 1205. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST DECLASSIFICATION BOARD.
I20Section 21067 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109ÿ09289; 120 Stat. 1311), as amended by Public Law 109ÿ09369 (120 Stat. 2642), Public Law 109ÿ09383 (120 Stat. 2678), and Public Law 110ÿ095, is amended by adding at the end the following new subsection:
I20``(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.''.
I72SEC. 1206. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT ON CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY REGARDING THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001.
I20(a) T5Public AvailabilityK._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.
I20(b) T5Report to CongressK._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.
I78TITLE XIII_INTERNATIONAL COOPERATION ON ANTITER-RORISM TECHNOLOGIES
I72SEC. 1301. PROMOTING ANTITERRORISM CAPABILITIES THROUGH INTERNATIONAL COOPERATION.
I20(a) T5FindingsK._The Congress finds the following:
I22(1) The development and implementation of technology is critical to combating terrorism and other high consequence events and implementing a comprehensive homeland security strategy.
I22(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.
I22(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.
I22(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.
I22(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.
I22(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.
I20(b) T5Promoting Antiterrorism Through International Cooperation ActK._
I22(1) T4In generalK._The Homeland Security Act of 2002 is amended by inserting after section 316, as added by section 701 of this Act, the following:
I72``SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION PROGRAM.
I20``(a) T5DefinitionsK._In this section:
I22``(1) T4DirectorK._The term `Director' means the Director selected under subsection (b)(2).
I22``(2) T4International cooperative activityK._The term `international cooperative activity' includes_
I24``(A) coordinated research projects, joint research projects, or joint ventures;
I24``(B) joint studies or technical demonstrations;
I24``(C) coordinated field exercises, scientific seminars, conferences, symposia, and workshops;
I24``(D) training of scientists and engineers;
I24``(E) visits and exchanges of scientists, engineers, or other appropriate personnel;
I24``(F) exchanges or sharing of scientific and technological information; and
I24``(G) joint use of laboratory facilities and equipment.
I20``(b) T5Science and Technology Homeland Security International Cooperative Programs OfficeK._
I22``(1) T4EstablishmentK._The Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Programs Office.
I22``(2) T4DirectorK._The Office shall be headed by a Director, who_
I24``(A) shall be selected (in consultation with the Assistant Secretary for International Affairs, Policy Directorate) by and shall report to the Under Secretary; and
I24``(B) may be an officer of the Department serving in another position.
I22``(3) T4ResponsibilitiesK._
I24``(A) T4Development of mechanismsK._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.
I24``(B) T4PrioritiesK._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.
I24``(C) T4ActivitiesK._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.
I24``(D) T4Identification of partnersK._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.
I22``(4) T4CoordinationK._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.
I20``(c) T5Matching FundingK._
I22``(1) T4In generalK._
I24``(A) T4EquitabilityK._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.
I24``(B) T4Grant matching and repaymentK._
I26``(i) T4In generalK._The Secretary may require a recipient of a grant under this section_
I28``(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
I28``(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.
I26``(ii) T4Maximum amountK._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.
I22``(2) T4Foreign partnersK._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.
I20``(d) T5FundingK._Funding for all activities under this section shall be paid from discretionary funds appropriated to the Department.
I20``(e) T5Foreign ReimbursementsK._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.''.
I22(2) T4Technical and conforming amendmentK._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:
Q10

S6213
I42``Sec.317.Promoting antiterrorism through international cooperation program.''.

S6203
I72SEC. 1302. TRANSPARENCY OF FUNDS.
I20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).
I78TITLE XIV_TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES
I72SEC. 1401. SHORT TITLE.
I20This title may be cited as the ``Transportation Security and Interoperable Communication Capabilities Act''.
I78Subtitle A_Surface Transportation and Rail Security
I72SEC. 1411. DEFINITION.
I20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.
I73PART I_IMPROVED RAIL SECURITY
I72SEC. 1421. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
I20(a) T5In GeneralK._
I22(1) T4Risk assessmentK._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_
I24(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;
I24(B) identification and evaluation of critical assets and infrastructures;
I24(C) identification of risks to those assets and infrastructures;
I24(D) identification of risks that are specific to the transportation of hazardous materials via railroad;
I24(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;
I24(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
I24(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.
I22(2) T4RecommendationsK._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_
I24(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;
I24(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;
I24(C) training appropriate railroad or railroad shipper employees in terrorism prevention, preparedness, passenger evacuation, and response activities;
I24(D) conducting public outreach campaigns on passenger railroads regarding security;
I24(E) deploying surveillance equipment;
I24(F) identifying the immediate and long-term costs of measures that may be required to address those risks; and
I24(G) public and private sector sources to fund such measures.
I22(3) T4PlansK._The report required by subsection (c) shall include_
I24(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;
I24(B) a plan for coordinating existing and planned rail security initiatives undertaken by the public and private sectors; and
I24(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_
I26(i) the possibility of rerouting traffic due to the loss of critical infrastructure, such as a bridge, tunnel, yard, or station; and
I26(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.
I20(b) T5Consultation; Use of Existing ResourcesK._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.
I20(c) T5ReportK._
I22(1) T4ContentsK._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_
I24(A) the assessment, prioritized recommendations, and plans required by subsection (a); and
I24(B) an estimate of the cost to implement such recommendations.
I22(2) T4FormatK._The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary.
I20(d) T5Annual UpdatesK._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.
I20(e) T5FundingK._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.
I72SEC. 1422. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
I20(a) T5In GeneralK._
I22(1) T4GrantsK._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.
I22(2) T4General purposesK._The Secretary may make such grants for the purposes of_
I24(A) protecting underwater and underground assets and systems;
I24(B) protecting high risk and high consequence assets identified through system-wide risk assessments;
I24(C) providing counter-terrorism training;
I24(D) providing both visible and unpredictable deterrence; and
I24(E) conducting emergency preparedness drills and exercises.
I22(3) T4Specific projectsK._The Secretary shall make such grants_
I24(A) to secure major tunnel access points and ensure tunnel integrity in New York, New Jersey, Maryland, and Washington, DC;
I24(B) to secure Amtrak trains;
I24(C) to secure Amtrak stations;
I24(D) to obtain a watch list identification system approved by the Secretary;
I24(E) to obtain train tracking and interoperable communications systems that are coordinated to the maximum extent possible;
I24(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;
I24(G) to expand emergency preparedness efforts; and
I24(H) for employee security training.
I20(b) T5ConditionsK._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.
I20(c) T5Equitable Geographic AllocationK._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.
I20(d) T5Availability of FundsK._
I22(1) T4In generalK._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_
I24(A) $63,500,000 for fiscal year 2008;
I24(B) $30,000,000 for fiscal year 2009; and
I24(C) $30,000,000 for fiscal year 2010.
I22(2) T4Availability of appropriated fundsK._Amounts appropriated pursuant to paragraph (1) shall remain available until expended.
I72SEC. 1423. FIRE AND LIFE-SAFETY IMPROVEMENTS.
I20(a) T5Life-Safety NeedsK._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.
I20(b) T5Authorization of AppropriationsK._Out of funds appropriated pursuant to section 1437(b) of this title, there shall be made available to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts:
I22(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_
I24(A) $100,000,000 for fiscal year 2008;
I24(B) $100,000,000 for fiscal year 2009;
I24(C) $100,000,000 for fiscal year 2010; and
I24(D) $100,000,000 for fiscal year 2011.
I22(2) For the Baltimore &amp; Potomac tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades_
I24(A) $10,000,000 for fiscal year 2008;
I24(B) $10,000,000 for fiscal year 2009;
I24(C) $10,000,000 for fiscal year 2010; and
I24(D) $10,000,000 for fiscal year 2011.
I22(3) For the Washington, DC, Union Station tunnels to improve ventilation, communication, lighting, and passenger egress upgrades_
I24(A) $8,000,000 for fiscal year 2008;
I24(B) $8,000,000 for fiscal year 2009;
I24(C) $8,000,000 for fiscal year 2010; and
I24(D) $8,000,000 for fiscal year 2011.
I20(c) T5Infrastructure UpgradesK._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.
I20(d) T5Availability of Appropriated FundsK._Amounts made available pursuant to this section shall remain available until expended.
I20(e) T5Plans RequiredK._The Secretary of Transportation may not make amounts available to Amtrak for obligation or expenditure under subsection (a)_
I22(1) until Amtrak has submitted to the Secretary, and the Secretary has approved, an engineering and financial plan for such projects; and
I22(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.
I20(f) T5Review of PlansK._
I22(1) T4In generalK._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.
I22(2) T4Incomplete or deficient planK._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.
I22(3) T4Approval of planK._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_
I24(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;
I24(B) approve all other portions of the plan;
I24(C) obligate the funds associated with those other portions; and
I24(D) execute an agreement with Amtrak within 15 days thereafter on a process for resolving the remaining portions of the plan.
I20(g) T5Financial Contribution From Other Tunnel UsersK._The Secretary shall, taking into account the need for the timely completion of all portions of the tunnel projects described in subsection (a)_
I22(1) consider the extent to which rail carriers other than Amtrak use or plan to use the tunnels;
I22(2) consider the feasibility of seeking a financial contribution from those other rail carriers toward the costs of the projects; and
I22(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.
I72SEC. 1424. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
I20(a) T5Security Improvement GrantsK._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_
I22(1) security and redundancy for critical communications, computer, and train control systems essential for secure rail operations;
I22(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;
I22(3) the security of hazardous material transportation by rail;
I22(4) secure intercity passenger rail stations, trains, and infrastructure;
I22(5) structural modification or replacement of rail cars transporting high hazard materials to improve their resistance to acts of terrorism;
I22(6) employee security awareness, preparedness, passenger evacuation, and emergency response training;
I22(7) public security awareness campaigns for passenger train operations;
I22(8) the sharing of intelligence and information about security threats;
I22(9) to obtain train tracking and interoperable communications systems that are coordinated to the maximum extent possible;
I22(10) to hire additional police and security officers, including canine units; and
I22(11) other improvements recommended by the report required by section 1421, including infrastructure, facilities, and equipment upgrades.
I20(b) T5AccountabilityK._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.
I20(c) T5AllocationK._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).
I20(d) T4Conditions._KGrants 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.
I20(e) T5Allocation Between Railroads and OthersK._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_
I22(1) in excess of $45,000,000 to Amtrak; or
I22(2) in excess of $80,000,000 for the purposes described in paragraphs (3) and (5) of subsection (a).
I20(f) T5Authorization of AppropriationsK._
I22(1) T4In generalK._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_
I24(A) $100,000,000 for fiscal year 2008;
I24(B) $100,000,000 for fiscal year 2009; and
I24(C) $100,000,000 for fiscal year 2010.
I22(2) T4Availability of appropriated fundsK._Amounts appropriated pursuant to paragraph (1) shall remain available until expended.
I72SEC. 1425. RAIL SECURITY RESEARCH AND DEVELOPMENT.
I20(a) T5Establishment of Research and Development ProgramK._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_
I22(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;
I22(2) test new emergency response techniques and technologies;
I22(3) develop improved freight rail security technologies, including_
I24(A) technologies for sealing rail cars;
I24(B) automatic inspection of rail cars;
I24(C) communication-based train controls; and
I24(D) emergency response training;
I22(4) test wayside detectors that can detect tampering with railroad equipment;
I22(5) support enhanced security for the transportation of hazardous materials by rail, including_
I24(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;
I24(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
I24(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
I22(6) other projects that address risks identified under section 1421.
I20(b) T5Coordination With Other Research InitiativesK._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_
I22(1) is already sponsoring a research and development project in a similar area; or
I22(2) has a unique facility or capability that would be useful in carrying out the project.
I20(c) T5Grants and AccountabilityK._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.
I20(d) T5Authorization of AppropriationsK._
I22(1) T4In generalK._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_
I24(A) $33,000,000 for fiscal year 2008;
I24(B) $33,000,000 for fiscal year 2009; and
I24(C) $33,000,000 for fiscal year 2010.
I22(2) T4Availability of appropriated fundsK._Amounts appropriated pursuant to paragraph (1) shall remain available until expended.
I72SEC. 1426. OVERSIGHT AND GRANT PROCEDURES.
I20(a) T5Secretarial OversightK._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.
I20(b) T5Procedures for Grant AwardK._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.
I20(c) T5Additional AuthorityK._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.
I72SEC. 1427. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.
I20(a) T5In GeneralK._Chapter 243 of title 49, United States Code, is amended by adding at the end the following:
I75``ÿ1A24316. Plans to address needs of families of passengers involved in rail passenger accidents
I20``(a) T5Submission of PlanK._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.
I20``(b) T5Contents of PlansK._The plan to be submitted by Amtrak under subsection (a) shall include, at a minimum, the following:
I22``(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.
I22``(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.
I22``(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.
I22``(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).
I22``(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.
I22``(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.
I22``(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.
I20``(c) T5Use of InformationK._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.
I20``(d) T5Limitation on LiabilityK._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.
I20``(e) T5Limitation on Statutory ConstructionK._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.
I20``(f) T5FundingK._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.''.
I20(b) T5Conforming AmendmentK._The chapter analysis for chapter 243 of title 49, United States Code, is amended by adding at the end the following:
Q10

S6213
I42``24316.Plan to assist families of passengers involved in rail passenger accidents''.

S6203
I72SEC. 1428. NORTHERN BORDER RAIL PASSENGER REPORT.
I20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_
I22(1) a description of the current system for screening passengers and baggage on passenger rail service between the United States and Canada;
I22(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;
I22(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;
I22(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;
I22(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;
I22(6) a description of the position of the Government of Canada and relevant Canadian agencies with respect to preclearance of such passengers;
I22(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
I22(8) an analysis of the feasibility of reinstating in-transit inspections onboard international Amtrak trains.
I72SEC. 1429. RAIL WORKER SECURITY TRAINING PROGRAM.
I20(a) T5In GeneralK._Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation, appropriate law enforcement, security, and terrorism experts, representatives of railroad carriers and shippers, and nonprofit employee organizations that represent rail workers, shall develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. The guidance shall take into consideration any current security training requirements or best practices.
I20(b) T5Program ElementsK._The guidance developed under subsection (a) shall include elements appropriate to passenger and freight rail service that address the following:
I22(1) Determination of the seriousness of any occurrence.
I22(2) Crew communication and coordination.
I22(3) Appropriate responses to defend or protect oneself.
I22(4) Use of protective devices.
I22(5) Evacuation procedures.
I22(6) Psychology, behavior, and methods of terrorists, including observation and analysis.
I22(7) Situational training exercises regarding various threat conditions.
I22(8) Any other subject the Secretary considers appropriate.
I20(c) T5Railroad Carrier ProgramsK._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.
I20(d) T5TrainingK._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.
I20(e) T5UpdatesK._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.
I20(f) T5Front-Line Workers DefinedK._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.
I20(g) T5Other EmployeesK._The Secretary shall issue guidance and best practices for a rail shipper employee security program containing the elements listed under subsection (b) as appropriate.
I72SEC. 1430. WHISTLEBLOWER PROTECTION PROGRAM.
I20(a) T5In GeneralK._Subchapter A of chapter 201 of title 49, United States Code, is amended by inserting after section 20117 the following:
I75``ÿ1A20118. Whistleblower protection for rail Security matters
I20``(a) T5Discrimination Against EmployeeK._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_
I22``(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;
I22``(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
I22``(3) refused to violate or assist in the violation of any law, rule or regulation related to rail security.
I20``(b) T5Dispute ResolutionK._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.
I20``(c) T5Procedural RequirementsK._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.
I20``(d) T5Election of RemediesK._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.
I20``(e) T5Disclosure of IdentityK._
I22``(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.
I22``(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.
I20``(f) T4Process for Reporting Problems._
I22``(1) T4Establishment of reporting process._KThe 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.
I22``(2) T4Confidentiality._KThe 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.
I22``(3) T4Acknowledgment of receipt._KIf 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.
I22``(4) T4Steps to address problems._KThe 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.
I22``(5) T4Retaliation prohibited._KNo 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).''.
I20(b) T5Conforming AmendmentK._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:
Q10

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I42``20118.Whistleblower protection for rail security matters''.

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I72SEC. 1431. HIGH HAZARD MATERIAL SECURITY RISK MITIGATION PLANS.
I20(a) T5In GeneralK._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.
I20(b) T5ImplementationK._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_
I22(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
I22(2) rail infrastructure or operations within the immediate vicinity of a high-consequence target.
I20(c) T5Completion and Review of PlansK._
I22(1) T4Plans requiredK._Each rail carrier shall_
I24(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;
I24(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
I24(C) submit any subsequent revisions to the plan to the Secretary within 30 days after making the revisions.
I22(2) T4Review and updatesK._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.
I20(d) T5DefinitionsK._In this section:
I22(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_
I24(A) catastrophic loss of life;
I24(B) significant damage to national security or defense capabilities; or
I24(C) national economic harm.
I22(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_
I24(A) loss of life; or
I24(B) significant damage to property or structures.
I22(3) The term ``rail carrier'' has the meaning given that term by section 10102(5) of title 49, United States Code.
I72SEC. 1432. ENFORCEMENT AUTHORITY.
I20(a) T5In GeneralK._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:
I20``(v) T5Enforcement of Regulations and Orders of the Secretary of Homeland Security Issued Under This TitleK._
I22``(1) T4Application of subsectionK._
I24``(A) T4In generalK._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.
I24``(B) T4Violations of chapter 449K._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.
I24``(C) T4Nonapplication to certain violationsK._
I26``(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_
I28``(I) involving the transportation of personnel or shipments of materials by contractors where the Department of Defense has assumed control and responsibility;
I28``(II) by a member of the armed forces of the United States when performing official duties; or
I28``(III) by a civilian employee of the Department of Defense when performing official duties.
I26``(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.
I22``(2) T4Civil penaltyK._
I24``(A) T4In generalK._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.
I24``(B) T4Repeat violationsK._A separate violation occurs under this paragraph for each day the violation continues.
I22``(3) T4Administrative imposition of civil penaltiesK._
I24``(A) T4In generalK._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.
I24``(B) T4Scope of civil actionK._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.
I24``(C) T4JurisdictionK._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_
I26``(i) the amount in controversy is more than_
I28``(I) $400,000, if the violation was committed by a person other than an individual or small business concern; or
I28``(II) $50,000, if the violation was committed by an individual or small business concern;
I26``(ii) the action is in rem or another action in rem based on the same violation has been brought; or
I26``(iii) another action has been brought for an injunction based on the same violation.
I24``(D) T4Maximum penaltyK._The maximum penalty the Secretary may impose under this paragraph is_
I26``(i) $400,000, if the violation was committed by a person other than an individual or small business concern; or
I26``(ii) $50,000, if the violation was committed by an individual or small business concern.
I22``(4) T4Compromise and setoffK._
I24``(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_
I26``(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
I26``(ii) make the explanation available to the public to the extent feasible without compromising security.
I24``(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.
I22``(5) T4Investigations and proceedingsK._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.
I22``(6) T4DefinitionsK._In this subsection:
I24``(A) T4PersonK._The term `person' does not include_
I26``(i) the United States Postal Service; or
I26``(ii) the Department of Defense.
I24``(B) T4Small business concernK._The term `small business concern' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).''.
I20(b) T5Conforming AmendmentK._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''.
I20(c) T5Rail Safety RegulationsK._Section 20103(a) of title 49, United States Code, is amended by striking ``safety'' the first place it appears, and inserting ``safety, including security,''.
I72SEC. 1433. RAIL SECURITY ENHANCEMENTS.
I20(a) T5Rail Police OfficersK._Section 28101 of title 49, United States Code, is amended_
I22(1) by inserting ``(a) T5In GeneralK._'' before ``Under''; and
I22(2) by adding at the end the following:
I20``(b) T5AssignmentK._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).''.
I20(b) T5Model State LegislationK._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.
I72SEC. 1434. PUBLIC AWARENESS.
I20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.
I72SEC. 1435. RAILROAD HIGH HAZARD MATERIAL TRACKING.
I20(a) T5Wireless CommunicationsK._
I22(1) T4In generalK._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_
I24(A) car position location and tracking capabilities; and
I24(B) notification of rail car depressurization, breach, unsafe temperature, or release of hazardous materials.
I22(2) T4CoordinationK._In developing the program required by paragraph (1), the Secretary shall_
I24(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
I24(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.
I20(b) T5FundingK._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.
I72SEC. 1436. UNIFIED CARRIER REGISTRATION SYSTEM PLAN AGREEMENT.
I20(a) T4In General._KNotwithstanding section 4305(a) of the SAFETEAÿ09LU Act (Public Law 109ÿ0959)_
I22(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
I22(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_
I24(A) the unified carrier registration system plan and agreement required by that section has been fully implemented; and
I24(B) the fees have been set by the Secretary under subsection (d)(7)(B) of that section.
I20(b) T5Repeal of Section 14504._KSection 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.
I72SEC. 1437. AUTHORIZATION OF APPROPRIATIONS.
I20(a) T5Transportation Security Administration AuthorizationK._Section 114 of title 49, United States Code, as amended by section 1432, is amended by adding at the end thereof the following:
I20``(w) T5Authorization of AppropriationsK._There are authorized to be appropriated to the Secretary of Homeland Security for rail security_
I22``(1) $205,000,000 for fiscal year 2008;
I22``(2) $166,000,000 for fiscal year 2009; and
I22``(3) $166,000,000 for fiscal year 2010.''.
I20(b) T5Department of TransportationK._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_
I22(1) $121,000,000 for fiscal year 2008;
I22(2) $118,000,000 for fiscal year 2009;
I22(3) $118,000,000 for fiscal year 2010; and
I22(4) $118,000,000 for fiscal year 2011.
I72SEC. 1438. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CERTAIN AMTRAK CONTRACTS.
I20Section 24301 of title 49, United States Code, is amended by adding at the end the following:
I20``(o) T5Applicability of District of Columbia LawK._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.''.
I73PART II_IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY
I72SEC. 1441. HAZARDOUS MATERIALS HIGHWAY ROUTING.
I20(a) T5Route Plan GuidanceK._Within 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary, shall_
I22(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;
I22(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;
I22(3) analyze current route-related hazardous materials regulations in the United States, Canada, and Mexico to identify cross-border differences and conflicting regulations;
I22(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;
I22(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;
I22(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
I22(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.
I20(b) T5Route PlansK._
I22(1) T4AssessmentK._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_
I24(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
I24(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.
I22(2) T4ReportK._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.
I20(c) T5RequirementK._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.
I72SEC. 1442. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.
I20(a) T5CommunicationsK._
I22(1) T4In generalK._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_
I24(A) frequent or continuous communications;
I24(B) vehicle position location and tracking capabilities; and
I24(C) a feature that allows a driver of such vehicles to broadcast an emergency message.
I22(2) T4ConsiderationsK._In developing the program required by paragraph (1), the Secretary shall_
I24(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;
I24(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
I24(C) evaluate_
I26(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;
I26(ii) the ability of tracking technology to resist tampering and disabling;
I26(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;
I26(iv) the appropriate range of contact intervals between the tracking technology and a commercial motor vehicle transporting high hazard materials;
I26(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
I26(vi) whether installation of the technology described in clause (v) should be incorporated into the program under paragraph (1);
I26(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
I26(viii) other systems the Secretary determines appropriate.
I20(b) T5RegulationsK._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).
I20(c) T5FundingK._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_
I22(1) $3,000,000 per year may be used for equipment; and
I22(2) $1,000,000 per year may be used for operations.
I20(d) T5ReportK._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.
I20(e) T5LimitationK._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.
I72SEC. 1443. MEMORANDUM OF AGREEMENT.
I20Similar to the other security annexes between the 2 departments, within 1 year after the date of enactment of this Act, the Secretary of Transportation and the Secretary shall execute and develop an annex to the memorandum of agreement between the 2 departments signed on September 28, 2004, governing the specific roles, delineations of responsibilities, resources and commitments of the Department of Transportation and the Department of Homeland Security, respectively, in addressing motor carrier transportation security matters, including the processes the departments will follow to promote communications, efficiency, and nonduplication of effort.
I72SEC. 1444. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND ENFORCEMENT.
I20(a) T5In GeneralK._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_
I22(1) the program does not subject carriers to unnecessarily duplicative reviews of their security plans by the 2 departments; and
I22(2) a common set of standards is used to review the security plans.
I20(b) T5Civil PenaltyK._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.
I20(c) T5Compliance ReviewK._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.
I20(d) T5Transportation Costs StudyK._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.
I20(e) T5FundingK._There are authorized to be appropriated to the Secretary to carry out this section_
I22(1) $2,000,000 for fiscal year 2008;
I22(2) $2,000,000 for fiscal year 2009; and
I22(3) $2,000,000 for fiscal year 2010.
I72SEC. 1445. TRUCK SECURITY ASSESSMENT.
I20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_
I22(1) an assessment of actions already taken to address identified security issues by both public and private entities;
I22(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;
I22(3) an assessment of ongoing research and the need for additional research on truck security;
I22(4) an assessment of industry best practices to enhance security; and
I22(5) an assessment of the current status of secure motor carrier parking.
I72SEC. 1446. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.
I20(a) T5DevelopmentK._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.
I20(b) T5CapabilityK._The national public sector response system to be considered shall be able to receive, as appropriate_
I22(1) negative driver verification alerts;
I22(2) out-of-route alerts;
I22(3) driver panic or emergency alerts; and
I22(4) tampering or release alerts.
I20(c) T5CharacteristicsK._The national public sector response system to be considered shall_
I22(1) be an exception-based system;
I22(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
I22(3) provide users the ability to create rules for alert notification messages.
I20(d) T5Carrier ParticipationK._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.
I20(e) T5Data PrivacyK._ional public sector response system shall be designed to ensure appropriate protection of data and information relating to motor carriers, railroads, and employees.
I20(f) T5ReportK._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.
I20(g) T5FundingK._There are authorized to be appropriated to the Secretary to carry out this section_
I22(1) $1,000,000 for fiscal year 2008;
I22(2) $1,000,000 for fiscal year 2009; and
I22(3) $1,000,000 for fiscal year 2010.
I72SEC. 1447. OVER-THE-ROAD BUS SECURITY ASSISTANCE.
I20(a) T5In GeneralK._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_
I22(1) constructing and modifying terminals, garages, facilities, or over-the-road buses to assure their security;
I22(2) protecting or isolating the driver;
I22(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;
I22(4) training employees in recognizing and responding to security risks, evacuation procedures, passenger screening procedures, and baggage inspection;
I22(5) hiring and training security officers;
I22(6) installing cameras and video surveillance equipment on over-the-road buses and at terminals, garages, and over-the-road bus facilities;
I22(7) creating a program for employee identification or background investigation;
I22(8) establishing and upgrading emergency communications tracking and control systems; and
I22(9) implementing and operating passenger screening programs at terminals and on over-the-road buses.
I20(b) T5Due ConsiderationK._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.
I20(c) T5Grant RequirementsK._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).
I20(d) T5Plan RequirementK._
I22(1) T4In generalK._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_
I24(A) a plan for making security improvements described in subsection (a) and the Secretary has reviewed or approved the plan; and
I24(B) such additional information as the Secretary may require to ensure accountability for the obligation and expenditure of amounts made available to the operator under the grant.
I22(2) T4CoordinationK._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.
I20(e) T5Over-the-Road Bus DefinedK._In this section, the term ``over-the-road bus'' means a bus characterized by an elevated passenger deck located over a baggage compartment.
I20(f) T5Bus Security AssessmentK._
I22(1) T4In generalK._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.
I22(2) T4Contents of reportK._The report shall include_
I24(A) an assessment of the over-the-road bus security grant program;
I24(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;
I24(C) an assessment of whether additional legislation is needed to provide for the security of Americans traveling on over-the-road buses;
I24(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;
I24(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;
I24(F) an assessment of industry best practices to enhance security; and
I24(G) an assessment of school bus security, if the Secretary deems it appropriate.
I22(3) T4Consultation with industry, labor, and other groupsK._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.
I20(g) T5FundingK._
I22(1) T4In generalK._There are authorized to be appropriated to the Secretary to carry out this section_
I24(A) $12,000,000 for fiscal year 2008;
I24(B) $25,000,000 for fiscal year 2009; and
I24(C) $25,000,000 for fiscal year 2010.
I22(2) T4Availability of appropriated fundsK._Amounts appropriated pursuant to paragraph (1) shall remain available until expended.
I72SEC. 1448. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.
I20(a) T5In GeneralK._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_
I22(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_
I24(A) at severe security threat levels of alert; or
I24(B) when specific security threat information relating to such pipeline infrastructure or operations exists; and
I22(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.
I20(b) T5Existing Private and Public Sector EffortsK._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.
I20(c) T5ConsultationK._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.
I20(d) T5ReportK._
I22(1) T4ContentsK._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.
I22(2) T4FormatK._The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary.
I72SEC. 1449. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.
I20(a) T5In GeneralK._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.
I20(b) T5Review and InspectionK._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.
I20(c) T5Compliance Review MethodologyK._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.
I20(d) T5RegulationsK._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.
I20(e) T5FundingK._There are authorized to be appropriated to the Secretary to carry out this section_
I22(1) $2,000,000 for fiscal year 2008; and
I22(2) $2,000,000 for fiscal year 2009.
I72SEC. 1450. TECHNICAL CORRECTIONS.
I20Section 5103a of title 49, United States Code, is amended_
I22(1) by inserting ``of Homeland Security'' after ``Secretary'' each place it appears in subsections (a)(1), (d)(1)(b), and (e); and
I22(2) by redesignating subsection (h) as subsection (i), and inserting the following after subsection (g):
I20``(h) T5Relationship to Transportation Security CardsK._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.''.
I72SEC. 1451. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.
I20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.
I72SEC. 1452. MARITIME AND SURFACE TRANSPORTATION SECURITY USER FEE STUDY.
I20(a) T5In GeneralK._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_
I22(1) the results of the study;
I22(2) an assessment of the annual sources of funding collected through maritime and surface transportation at ports of entry and a detailed description of the distribution and use of such funds, including the amount and percentage of such sources that are dedicated to improve and maintain security;
I22(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
I22(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;
I22(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
I22(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.
I20(b) T5DefinitionsK._In this section:
I22(1) T4Appropriate congressional committeesK._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)).
I22(2) T4Port of entryK._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.
I22(3) T4Maritime and surface transportationK._The term ``maritime and surface transportation'' includes oceanborne, rail, and vehicular transportation.
I72SEC. 1453. DHS INSPECTOR GENERAL REPORT ON HIGHWAY WATCH GRANT PROGRAM.
I20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_
I22(1) addresses the grant announcement, application, receipt, review, award, monitoring, and closeout processes; and
I22(2) states the amount obligated or expended under the program for fiscal years 2004 and 2005 for_
I24(A) infrastructure protection;
I24(B) training;
I24(C) equipment;
I24(D) educational materials;
I24(E) program administration;
I24(E) marketing; and 
I24(F) other functions.
I72SEC. 1454. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO CONVICTED FELONS.
I20(a) T5In GeneralK._Section 70105 of title 46, United States Code, is amended_
I22(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
I22(2) in subsection (c), by amending paragraph (1) to read as follows:
I22``(1) T4DisqualificationsK._
I24``(A) T4Permanent disqualifying criminal offensesK._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:
I26``(i) Espionage or conspiracy to commit espionage.
I26``(ii) Sedition or conspiracy to commit sedition.
I26``(iii) Treason or conspiracy to commit treason.
I26``(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.
I26``(v) A crime involving a transportation security incident.
I26``(vi) Improper transportation of a hazardous material under section 5124 of title 49, or a comparable State law.
I26``(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_
I28``(I) an explosive (as defined in sections 232(5) and 844(j) of title 18);
I28``(II) explosive materials (as defined in subsections (c) through (f) of section 841 of title 18); and
I28``(III) a destructive device (as defined in 921(a)(4) of title 18 and section 5845(f) of the Internal Revenue Code of 1986).
I26``(viii) Murder.
I26``(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.
I26``(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.
I26``(xi) Attempt to commit any of the crimes listed in clauses (i) through (iv).
I26``(xii) Conspiracy or attempt to commit any of the crimes described in clauses (v) through (x).
I24``(B) T4Interim disqualifying criminal offensesK._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:
I26``(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_
I28``(I) firearms (as defined in section 921(a)(3) of title 18 and section 5845(a) of the Internal Revenue Code of 1986); and
I28``(II) items contained on the United States Munitions Import List under section 447.21 of title 27, Code of Federal Regulations.
I26``(ii) Extortion.
I26``(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.
I26``(iv) Bribery.
I26``(v) Smuggling.
I26``(vi) Immigration violations.
I26``(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance.
I26``(viii) Arson.
I26``(ix) Kidnapping or hostage taking.
I26``(x) Rape or aggravated sexual abuse.
I26``(xi) Assault with intent to kill.
I26``(xii) Robbery.
I26``(xiii) Conspiracy or attempt to commit any of the crimes listed in this subparagraph.
I26``(xiv) Fraudulent entry into a seaport under section 1036 of title 18, or a comparable State law.
I26``(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).
I24``(C) T4Under want warrant, or indictmentK._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.
I24``(D) T4Determination of arrest statusK._
I26``(i) T4In generalK._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).
I26``(ii) T4Burden of proofK._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.
I26``(iii) T4Notification of disqualificationK._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_
I28``(I) the applicant that he or she is disqualified from being issued a biometric transportation security card under subsection (b);
I28``(II) the State that the applicant is disqualified, in the case of a hazardous materials endorsement; and
I28``(III) the Coast Guard that the applicant is disqualified, if the applicant is a mariner.
I24``(E) T4Other potential disqualificationsK._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_
I26``(i) has been convicted within the preceding 7-year period of a felony or found not guilty by reason of insanity of a felony_
I28``(I) that the Secretary believes could cause the individual to be a terrorism security risk to the United States; or
I28``(II) for causing a severe transportation security incident;
I26``(ii) has been released from incarceration within the preceding 5-year period for committing a felony described in clause (i);
I26``(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
I26``(iv) otherwise poses a terrorism security risk to the United States.
I24``(F) T4Modification of listed offenses.K_The Secretary may, by rulemaking, add or modify the offenses described in paragraph (1)(A) or (B).''. 
I20(b) T5Conforming AmendmentK._Section 70101 of title 49, United States Code, is amended_
I22(1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7); and
I22(2) by inserting after paragraph (1) the following:
I22``(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.''.
I72SEC. 1455. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO CONVICTED FELONS.
I20(a) T5In GeneralK._Section 70105 of title 46, United States Code, is amended_
I22(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
I22(2) in subsection (c), by amending paragraph (1) to read as follows:
I22``(1) T4DisqualificationsK._
I24``(A) T4Permanent disqualifying criminal offensesK._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:
I26``(i) Espionage or conspiracy to commit espionage.
I26``(ii) Sedition or conspiracy to commit sedition.
I26``(iii) Treason or conspiracy to commit treason.
I26``(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.
I26``(v) A crime involving a transportation security incident.
I26``(vi) Improper transportation of a hazardous material under section 5124 of title 49, or a comparable State law.
I26``(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_
I28``(I) an explosive (as defined in sections 232(5) and 844(j) of title 18);
I28``(II) explosive materials (as defined in subsections (c) through (f) of section 841 of title 18); and
I28``(III) a destructive device (as defined in 921(a)(4) of title 18 and section 5845(f) of the Internal Revenue Code of 1986).
I26``(viii) Murder.
I26``(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.
I26``(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.
I26``(xi) Attempt to commit any of the crimes listed in clauses (i) through (iv).
I26``(xii) Conspiracy or attempt to commit any of the crimes described in clauses (v) through (x).
I24``(B) T4Interim disqualifying criminal offensesK._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:
I26``(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_
I28``(I) firearms (as defined in section 921(a)(3) of title 18 and section 5845(a) of the Internal Revenue Code of 1986); and
I28``(II) items contained on the United States Munitions Import List under section 447.21 of title 27, Code of Federal Regulations.
I26``(ii) Extortion.
I26``(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.
I26``(iv) Bribery.
I26``(v) Smuggling.
I26``(vi) Immigration violations.
I26``(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance.
I26``(viii) Arson.
I26``(ix) Kidnapping or hostage taking.
I26``(x) Rape or aggravated sexual abuse.
I26``(xi) Assault with intent to kill.
I26``(xii) Robbery.
I26``(xiii) Conspiracy or attempt to commit any of the crimes listed in this subparagraph.
I26``(xiv) Fraudulent entry into a seaport under section 1036 of title 18, or a comparable State law.
I26``(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).
I24``(C) T4Under want warrant, or indictmentK._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.
I24``(D) T4Determination of arrest statusK._
I26``(i) T4In generalK._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).
I26``(ii) T4Burden of proofK._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.
I26``(iii) T4Notification of disqualificationK._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_
I28``(I) the applicant that he or she is disqualified from being issued a biometric transportation security card under subsection (b);
I28``(II) the State that the applicant is disqualified, in the case of a hazardous materials endorsement; and
I28``(III) the Coast Guard that the applicant is disqualified, if the applicant is a mariner.
I24``(E) T4Other potential disqualificationsK._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_
I26``(i) has been convicted within the preceding 7-year period of a felony or found not guilty by reason of insanity of a felony_
I28``(I) that the Secretary believes could cause the individual to be a terrorism security risk to the United States; or
I28``(II) for causing a severe transportation security incident;
I26``(ii) has been released from incarceration within the preceding 5-year period for committing a felony described in clause (i);
I26``(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
I26``(iv) otherwise poses a terrorism security risk to the United States.
I24``(F) T4Modification of listed offensesK._The Secretary may, by rulemaking, add to the offenses described in paragraph (1)(A) or (B).''.
I20(b) T5Conforming AmendmentK._Section 70101 of title 49, United States Code, is amended_
I22(1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7); and
I22(2) by inserting after paragraph (1) the following:
I22``(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.''.
I78Subtitle B_Aviation Security Improvement
I72SEC. 1461. EXTENSION OF AUTHORIZATION FOR AVIATION SECURITY FUNDING.
I20Section 48301(a) of title 49, United States Code, is amended by striking ``and 2006'' and inserting ``2006, 2007, 2008, and 2009''.
I72SEC. 1462. PASSENGER AIRCRAFT CARGO SCREENING.
I20(a) T5In GeneralK._Section 44901 of title 49, United States Code, is amended_
I22(1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and
I22(2) by inserting after subsection (f) the following:
I20``(g) T5Air Cargo on Passenger AircraftK._
I22``(1) T4In generalK._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.
I22``(2) T4Minimum standardsK._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.
I22``(3) T4RegulationsK._
I24``(A) T4Interim final ruleK._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.
I24``(B) T4Final ruleK._
I26``(i) T4In generalK._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.
I26``(ii) T4Failure to actK._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.
I26``(iii) T4Superseding of interim final ruleK._The final rule issued in accordance with this subparagraph shall supersede the interim final rule issued under subparagraph (A).
I22``(4) T4ReportK._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.''.
I20(b) T5Assessment of ExemptionsK._
I22(1) T4TSA assessment of exemptionsK._
I24(A) T4In generalK._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.
I24(B) T4ContentsK._The report shall include_
I26(i) the rationale for each exemption;
I26(ii) a statement of the percentage of cargo that is not screened as a result of each exemption;
I26(iii) the impact of each exemption on aviation security;
I26(iv) the projected impact on the flow of commerce of eliminating such exemption; and
I26(v) a statement of any plans, and the rationale, for maintaining, changing, or eliminating each exemption.
I22(2) T4GAO assessmentK._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.
I72SEC. 1463. BLAST-RESISTANT CARGO CONTAINERS.
I20Section 44901 of title 49, United States Code, as amended by section 1462, is amended by adding at the end the following:
I20``(j) T5Blast-Resistant Cargo ContainersK._
I22``(1) T4In generalK._Before January 1, 2008, the Administrator of the Transportation Security Administration shall_
I24``(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;
I24``(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
I24``(C) develop a system under which the Administrator_
I26``(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
I26``(ii) provide for the storage, maintenance, and distribution of such containers.
I22``(2) T4Distribution to air carriersK._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.''.
I72SEC. 1464. PROTECTION OF AIR CARGO ON PASSENGER PLANES FROM EXPLOSIVES.
I20(a) T5Technology Research and Pilot ProjectsK._
I22(1) T4Research and developmentK._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.
I22(2) T4Pilot projectsK._The Secretary, in conjunction with the Secretary of Transportation, shall establish a grant program to fund pilot projects_
I24(A) to deploy technologies described in paragraph (1); and
I24(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.
I20(b) T5Authorization of AppropriationsK._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.
I72SEC. 1465. IN-LINE BAGGAGE SCREENING.
I20(a) T5Extension of AuthorizationK._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.''.
I20(b) T5ReportK._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.
I72SEC. 1466. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.
I20(a) T5In GeneralK._Section 44923 of title 49, United States Code, is amended_
I22(1) by striking ``may'' in subsection (a) and inserting ``shall'';
I22(2) by striking ``may'' in subsection (d)(1) and inserting ``shall'';
I22(3) by striking ``2007'' in subsection (h)(1) and inserting ``2028'';
I22(4) by striking paragraphs (2) and (3) of subsection (h) and inserting the following:
I22``(2) T4AllocationK._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).
I22``(3) T4Discretionary grantsK._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
I22(5) by redesignating subsection (i) as subsection (j), and inserting after subsection (h) the following:
I20``(i) T5Leveraged FundingK._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.''.
I20(b) T5Prioritization of ProjectsK._
I22(1) T4In generalK._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).
I22(2) T4Airports that have commenced projectsK._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.
I22(3) T4ReportK._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.
I72SEC. 1467. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPORTATION SECURITY TECHNOLOGY.
I20Section 137(a) of the Aviation and Transportation Security Act (49 U.S.C. 44912 note) is amended_
I22(1) by striking ``2002 through 2006,'' and inserting ``2006 through 2009,'';
I22(2) by striking ``aviation'' and inserting ``transportation''; and
I22(3) by striking ``2002 and 2003'' and inserting ``2006 through 2009''.
I72SEC. 1468. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.
I20(a) T5In GeneralK._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.
I20(b) T5Aviation SecurityK._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_
I22(1) to provide appropriate levels of aviation security; and
I22(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.
I72SEC. 1469. SPECIALIZED TRAINING.
I20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.
I72SEC. 1470. EXPLOSIVE DETECTION AT PASSENGER SCREENING CHECKPOINTS.
I20(a) T5In GeneralK._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.
I20(b) T5DeploymentK._Section 44925(b) of title 49, United States Code, is amended by adding at the end the following:
I22``(3) T4Full deploymentK._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.''.
I72SEC. 1471. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR PROHIBITED FROM BOARDING A FLIGHT.
I20(a) T5In GeneralK._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:
I72``SEC. 432. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR PROHIBITED FROM BOARDING A FLIGHT.
I20``(a) T5In GeneralK._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.
I20``(b) T5Office of Appeals and RedressK._
I22``(1) T4Establishment._KThe 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.
I22``(2) T4RecordsK._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.
I22``(3) T4InformationK._To prevent repeated delays of an misidentified passenger or other individual, the Office of Appeals and Redress shall_
I24``(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;
I24``(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
I24``(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.''.
I20(b) T5Clerical AmendmentK._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:
Q10

S6213
I42``Sec.432.Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight''.

S6203
I72SEC. 1472. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED PASSENGER PRESCREENING SYSTEM.
I20(a) T5In GeneralK._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_
I22(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;
I22(2) provides a projected timeline for each phase of testing and implementation of the system;
I22(3) explains how the system will be integrated with the prescreening system for passengers on international flights; and
I22(4) describes how the system complies with section 552a of title 5, United States Code.
I20(b) T5GAO AssessmentK._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_
I22(1) describes the progress made by the Transportation Security Administration in implementing the Secure Flight passenger pre-screening program;
I22(2) describes the effectiveness of the current appeals process for passengers wrongly assigned to the no-fly and terrorist watch lists;
I22(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;
I22(4) provides a realistic determination of when the system will be completed; and
I22(5) includes any other relevant observations or recommendations the Comptroller General deems appropriate.
I72SEC. 1473. REPAIR STATION SECURITY.
I20(a) T5Certification of Foreign Repair Stations SuspensionK._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.
I20(b) T56-Month Deadline for Security Review and AuditK._Subsections (a) and (d) of section 44924 of title 49, United States Code, are each amended by striking ``18 months'' and inserting ``6 months''.
I72SEC. 1474. GENERAL AVIATION SECURITY.
I20Section 44901 of title 49, United States Code, as amended by section 1463, is amended by adding at the end the following:
I20``(k) T5General Aviation Airport Security ProgramK._
I22``(1) T4In generalK._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_
I24``(A) develop a standardized threat and vulnerability assessment program for general aviation airports (as defined in section 47134(m)); and
I24``(B) implement a program to perform such assessments on a risk-assessment basis at general aviation airports.
I22``(2) T4Grant programK._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.
I22``(3) T4Application to foreign-registered general aviation aircraftK._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_
I24``(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
I24``(B) such information is checked against appropriate databases maintained by the Transportation Security Administration.
I22``(4) T4Authorization of appropriationsK._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).''.
I72SEC. 1475. SECURITY CREDENTIALS FOR AIRLINE CREWS.
I20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.
I72SEC. 1476. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING CENTER.
I20(a) T4In General._
I22(1) T4Increased training capacity._KWithin 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall begin to increase the capacity of the Department of Homeland Security's National Explosives Detection Canine Team Program at Lackland Air Force Base to accommodate the training of up to 200 canine teams annually by the end of calendar year 2008. 
I22(2) T4Expansion detailed requirements._KThe 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).
I22(3) T4Ultimate expansion._KThe 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.
I20(b) T4Alternative training centers._KBased on feasibility and to meet the ongoing demand for quality explosives detection canines teams, the Secretary shall explore the options of creating the following:
I22(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_
I24(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;
I24(B) shall require specific training criteria to which private sector entities must adhere as a condition of participating in the program; and 
I24(C) shall review the status of these private sector programs on at least an annual basis.
I22(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.
I20(c) T4Deployment._KThe Secretary_
I22(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
I22(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.
I72SEC. 1477. LAW ENFORCEMENT BIOMETRIC CREDENTIAL.
I20(a) T4In General._KParagraph (6) of section 44903(h) of title 49, United States Code, is amended to read as follows:
I22``(6) T4Use of biometric technology for armed law enforcement travel._
I24``(A) T4In general._KNot later than 1 year after the date of enactment of the Improving America's Security Act of 2007, the Secretary of Homeland Security shall_
I26``(i) consult with the Attorney General concerning implementation of this paragraph; 
I26``(ii) issue any necessary rulemaking to implement this paragraph; and
I26``(iii) establishing a national registered armed law enforcement program for law enforcement officers needing to be armed when traveling by air.
I24``(B) T4Program requirements._KThe program shall_
I26``(i) establish a credential or a system that incorporates biometric technology and other applicable technologies;
I26``(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;
I26``(iii) be coordinated with other uniform credentialing initiatives including the Homeland Security Presidential Directive 12;
I26``(iv) be applicable for all Federal, State, local, tribal and territorial government law enforcement agencies; and
I26``(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. 
I24``(C) T4Procedures._KIn establishing the program, the Secretary shall  develop procedures_
I26``(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;
I26``(ii) to preserve the anonymity of the armed law enforcement officer without calling undue attention to the individual's identity;
I26``(iii) to resolve failures to enroll, false matches, and false non-matches relating to use of the law enforcement travel credential or system; and
I26``(iv) to invalidate any law enforcement travel credential or system that is lost, stolen, or no longer authorized for use.''.
I20(b) T4Report._KWithin 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.
I72SEC. 1478. EMPLOYEE RETENTION INTERNSHIP PROGRAM.
I20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.
I72SEC. 1479. PILOT PROJECT TO REDUCE THE NUMBER OF TRANSPORTATION SECURITY OFFICERS AT AIRPORT EXIT LANES.
I20(a) T5In GeneralK._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.
I20(b) T5Program ComponentsK._In conducting the pilot program under this section, the Administrator shall_
I22(1) utilize different technologies that protect the integrity of the airport exit lanes from unauthorized entry; and
I22(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.
I20(c) T5ReportsK._
I22(1) T4Initial briefingK._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_
I24(A) the airports selected to participate in the pilot program;
I24(B) the potential savings from implementing the technologies at selected airport exits; 
I24(C) the types of configurations expected to be deployed at such airports; and
I24(D) the expected financial contribution from each airport.
I22(2) T4Final reportK._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_
I24(A) the security measures deployed;
I24(B) the projected cost savings; and
I24(C) the efficacy of the program and its applicability to other airports in the United States.
I22(3) T4Congressional committeesK._The reports required under this subsection shall be submitted to_
I24(A) the Committee on Commerce, Science, and Transportation of the Senate;
I24(B) the Committee on Appropriations of the Senate;
I24(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
I24(D) the Committee on Homeland Security of the House of Representatives; and
I24(E) the Committee on Appropriations of the House of Representatives.
I20(d) T5Use of Existing FundsK._Provisions contained within this section will be executed using existing funds.
I78Subtitle C_Interoperable Emergency Communications
I72SEC. 1481. INTEROPERABLE EMERGENCY COMMUNICATIONS.
I20(a) T5In GeneralK._Section 3006 of Public Law 109ÿ09171 (47 U.S.C. 309 note) is amended_
I22(1) by striking paragraphs (1) and (2) of subsection (a) and inserting the following:
I22``(1) may take such administrative action as is necessary to establish and implement a grant program to assist public safety agencies_
I24``(A) in conducting statewide or regional planning and coordination to improve the interoperability of emergency communications;
I24``(B) in supporting the design and engineering of interoperable emergency communications systems;
I24``(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;
I24``(D) in obtaining technical assistance and conducting training exercises related to the use of interoperable emergency communications equipment and systems; and
I24``(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 93ÿ09288 (42 U.S.C. 5122)); and
I22``(2) shall make payments of not to exceed $1,000,000,000, in the aggregate, through fiscal year 2010 from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to carry out the grant program established under paragraph (1), of which not more than $100,000,000, in the aggregate, may be allocated for grants under paragraph (1)(E).'';
I22(2) by redesignating subsections (b), (c), and (d) as subsections (l), (m), and (n), respectively, and inserting after subsection (a) the following:
I20``(b) T5Expedited ImplementationK._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.
I20``(c) T5Allocation of FundsK._In awarding grants under subparagraphs (A) through (D) of subsection (a)(1), the Assistant Secretary shall ensure that grant awards_
I22``(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
I22``(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.
I20``(d) T5EligibilityK._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_
I22``(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
I22``(2) assurance that the equipment and system would_
I24``(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));
I24``(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
I24``(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)).
I20``(e) T5Criteria for Certain GrantsK._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.
I20``(f) T5Criteria for Strategic Technology Reserve GrantsK._
I22``(1) T4In generalK._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.
I22``(2) T4Requirements and characteristicsK._A reserve established under paragraph (1) shall_
I24``(A) be capable of re-establishing communications when existing infrastructure is damaged or destroyed in an emergency or a major disaster;
I24``(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;
I24``(C) include equipment on hand for the Governor of each State, key emergency response officials, and appropriate State or local personnel;
I24``(D) include contracts (including prenegotiated contracts) for rapid delivery of the most current technology available from commercial sources; and
I24``(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.
I22``(3) T4Additional characteristicsK._Portions of the reserve may be virtual and may include items donated on an in-kind contribution basis.
I22``(4) T4ConsultationK._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.
I22``(5) T4Allocation and use of fundsK._The Assistant Secretary shall allocate_
I24``(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
I24``(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.
I20``(g) T5Voluntary Consensus StandardsK._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.
I20``(h) T5Use of Economy ActK._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.
I20``(i) T5Inspector General ReportK._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.
I20``(j) T5Deadline for Implementation Program RulesK._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.
I20``(k) T5Rule of ConstructionK._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
I22(3) by striking paragraph (3) of subsection (n), as so redesignated.
I20(b) T5FCC Report on Emergency Communications Back-up SystemK._
I22(1) T4In generalK._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.
I22(2) T4Factors to be evaluatedK._The evaluation under paragraph (1) shall include_
I24(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;
I24(B) the feasibility of using private satellite, wireless, or terrestrial networks for emergency communications;
I24(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
I24(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.
I22(3) T4ReportK._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.
I20(c) T5Joint Advisory Committee on Communications Capabilities of Emergency Medical Care FacilitiesK._
I22(1) T4EstablishmentK._The Assistant Secretary of Commerce for Communications and Information and the Chairman of Federal Communications Commission, in consultation with the Secretary of Homeland Security and the Secretary of Health and Human Services, shall establish a joint advisory committee to examine the communications capabilities and needs of emergency medical care facilities. The joint advisory committee shall be composed of individuals with expertise in communications technologies and emergency medical care, including representatives of Federal, State and local governments, industry and non-profit health organizations, and academia and educational institutions.
I22(2) T4DutiesK._The joint advisory committee shall_
I24(A) assess specific communications capabilities and needs of emergency medical care facilities, including the including improvement of basic voice, data, and broadband capabilities;
I24(B) assess options to accommodate growth of basic and emerging communications services used by emergency medical care facilities;
I24(C) assess options to improve integration of communications systems used by emergency medical care facilities with existing or future emergency communications networks; and
I24(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.
I20(d) T5Authorization of Emergency Medical Communications Pilot ProjectsK._
I22(1) T4In generalK._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.
I22(2) T4Maximum amountK._The Assistant Secretary may not provide more than $2,000,000 in Federal assistance under the pilot program to any applicant.
I22(3) T4Cost sharingK._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.
I22(4) T4Maximum period of grantsK._The Assistant Secretary may not fund any applicant under the pilot program for more than 3 years.
I22(5) T4Deployment and distributionK._The Assistant Secretary shall seek to the maximum extent practicable to ensure a broad geographic distribution of project sites.
I22(6) T4Transfer of information and knowledgeK._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.
I72SEC. 1482. RULE OF CONSTRUCTION.
I20(a) T5In GeneralK._Title VI of the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109ÿ09295) is amended by adding at the end the following:
I72``SEC. 699B. RULE OF CONSTRUCTION.
I20``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.''.
I20(b) T5Effective DateK._The amendment made by this section shall take effect as though enacted as part of the Department of Homeland Security Appropriations Act, 2007.
I72SEC. 1483. CROSS BORDER INTEROPERABILITY REPORTS.
I20(a) T5In GeneralK._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_
I22(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_
I24(A) the United States and Canada; and
I24(B) the United States and Mexico;
I22(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. 02ÿ0955; ET Docket No. 00ÿ09258; ET Docket No. 95ÿ0918, RMÿ099498; RMÿ0910024; FCC 04ÿ09168,) including the status of any outstanding issues in the negotiations between_
I24(A) the United States and Canada; and
I24(B) the United States and Mexico;
I22(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;
I22(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
I22(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.
I20(b) T5Updated Reports to Be Filed on the Status of Treaty of NegotiationsK._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_
I22(1) Canada; and
I22(2) Mexico.
I20(c) T5International Negotiations To Remedy SituationK._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_
I22(1) the current process for considering applications by Canada for frequencies and channels by United States communities above Line A;
I22(2) the status of current negotiations to reform and revise such process;
I22(3) the estimated date of conclusion for such negotiations;
I22(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
I22(5) communications between the Department of State and the Federal Communications Commission pursuant to subsection (a)(3).
I72SEC. 1484. EXTENSION OF SHORT QUORUM.
I20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.
I72SEC. 1485. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES.
I20(a) T4Senate Commerce, Science, and Transportation Committee._KThe 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:
I22(1) Section 1016(j)(1) of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485(j)(1)).
I22(2) Section 121(c) of this Act.
I22(3) Section 2002(d)(3) of the Homeland Security Act of 2002, as added by section 202 of this Act.
I22(4) Subsections (a) and (b)(5) of section 2009 of the Homeland Security Act of 2002, as added by section 202 of this Act.
I22(5) Section 302(d) of this Act.
I22(6) Section 7215(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 123(d)).
I22(7) Section 7209(b)(1)(C) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note).
I22(8) Section 604(c) of this Act.
I22(9) Section 806 of this Act.
I22(10) Section 903(d) of this Act.
I22(11) Section 510(a)(7) of the Homeland Security Act of 2002 (6 U.S.C. 320(a)(7)).
I22(12) Section 510(b)(7) of the Homeland Security Act of 2002 (6 U.S.C. 320(b)(7)).
I22(13) Section 1102(b) of this Act.
I20(b) T4Senate Committee on Homeland Security and Governmental Affairs._KThe 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:
I22(1) Section 1421(c) of this Act.
I22(2) Section 1423(f)(3)(A) of this Act.
I22(3) Section 1428 of this Act.
I22(4) Section 1429(d) of this Act.
I22(5) Section 114(v)(4)(A)(i) of title 49, United States Code.
I22(6) Section 1441(a)(7) of this Act.
I22(7) Section 1441(b)(2) of this Act.
I22(8) Section 1445 of this Act.
I22(9) Section 1446(f) of this Act.
I22(10) Section 1447(f)(1) of this Act.
I22(11) Section 1448(d)(1) of this Act.
I22(12) Section 1466(b)(3) of this Act.
I22(13) Section 1472(b) of this Act.
I22(14) Section 1475 of this Act.
I22(15) Section 3006(i) of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note).
I22(16) Section 1481(c) of this Act.
I22(17) Subsections (a) and (b) of section 1483 of this Act.

I78TITLE XV_PUBLIC TRANSPORTATION TERRORISM PREVENTION
I72SEC. 1501. SHORT TITLE.
I20This title may be cited as the ``Public Transportation Terrorism Prevention Act of 2007''.
I72SEC. 1502. FINDINGS.
I20Congress finds that_
I22(1) 182 public transportation systems throughout the world have been primary target of terrorist attacks;
I22(2) more than 6,000 public transportation agencies operate in the United States;
I22(3) people use public transportation vehicles 33,000,000 times each day;
I22(4) the Federal Transit Administration has invested $84,800,000,000 since 1992 for construction and improvements;
I22(5) the Federal Government appropriately invested nearly $24,000,000,000 in fiscal years 2002 through 2006 to protect our Nation's aviation system;
I22(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
I22(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.
I72SEC. 1503. SECURITY ASSESSMENTS.
I20(a) T5Public Transportation Security AssessmentsK._
I22(1) T4SubmissionK._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.
I22(2) T4ReviewK._Not later than July 31, 2007, the Secretary shall review and augment the security assessments received under paragraph (1).
I22(3) T4AllocationsK._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.
I22(4) T4Security improvement prioritiesK._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.
I22(5) T4UpdatesK._Not later than July 31, 2008, and annually thereafter, the Secretary shall_
I24(A) update the security assessments referred to in this subsection; and
I24(B) conduct security assessments of all public transportation agencies considered to be at greatest risk of a terrorist attack.
I20(b) T5Use of Security Assessment InformationK._The Secretary shall use the information collected under subsection (a)_
I22(1) to establish the process for developing security guidelines for public transportation security; and
I22(2) to design a security improvement strategy that_
I24(A) minimizes terrorist threats to public transportation systems; and
I24(B) maximizes the efforts of public transportation systems to mitigate damage from terrorist attacks.
I20(c) T5Bus and Rural Public Transportation SystemsK._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_
I22(1) local bus-only public transportation systems; and
I22(2) selected public transportation systems that receive funds under section 5311 of title 49, United States Code.
I72SEC. 1504. SECURITY ASSISTANCE GRANTS.
I20(a) T5Capital Security Assistance ProgramK._
I22(1) T4In generalK._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).
I22(2) T4Allowable use of fundsK._Grants awarded under paragraph (1) may be used for_
I24(A) tunnel protection systems;
I24(B) perimeter protection systems;
I24(C) redundant critical operations control systems;
I24(D) chemical, biological, radiological, or explosive detection systems;
I24(E) surveillance equipment;
I24(F) communications equipment;
I24(G) emergency response equipment;
I24(H) fire suppression and decontamination equipment;
I24(I) global positioning or automated vehicle locator type system equipment;
I24(J) evacuation improvements; and
I24(K) other capital security improvements.
I20(b) T5Operational Security Assistance ProgramK._
I22(1) T4In generalK._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).
I22(2) T4Allowable use of fundsK._Grants awarded under paragraph (1) may be used for_
I24(A) security training for public transportation employees, including bus and rail operators, mechanics, customer service, maintenance employees, transit police, and security personnel;
I24(B) live or simulated drills;
I24(C) public awareness campaigns for enhanced public transportation security;
I24(D) canine patrols for chemical, biological, or explosives detection;
I24(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
I24(F) other appropriate security improvements identified under section 1503(a)(4), excluding routine, ongoing personnel costs.
I20(c) T5Coordination With State Homeland Security PlansK._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.
I20(d) T5Multi-State Transportation SystemsK._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.
I20(e) T5Congressional NotificationK._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.
I20(f) T5Public Transportation Agency ResponsibilitiesK._Each public transportation agency that receives a grant under this section shall_
I22(1) identify a security coordinator to coordinate security improvements;
I22(2) develop a comprehensive plan that demonstrates the agency's capacity for operating and maintaining the equipment purchased under this section; and
I22(3) report annually to the Secretary on the use of grant funds received under this section.
I20(g) T5Return of Misspent Grant FundsK._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.
I72SEC. 1505. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.
I20(a) T5In GeneralK._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.
I20(b) T5Program ElementsK._The regulations developed under subsection (a) shall require such a program to include, at a minimum, elements that address the following:
I22(1) Determination of the seriousness of any occurrence.
I22(2) Crew and passenger communication and coordination.
I22(3) Appropriate responses to defend oneself.
I22(4) Use of protective devices.
I22(5) Evacuation procedures (including passengers, workers, the elderly and those with disabilities).
I22(6) Psychology of terrorists to cope with hijacker behavior and passenger responses.
I22(7) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures.
I22(8) Any other subject the Secretary considers appropriate.
I20(c) T5Required ProgramsK._
I22(1) T4In generalK._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.
I22(2) T4ApprovalK._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.
I20(d) T5TrainingK._
I22(1) T4In generalK._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.
I22(2) T4ReportK._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.
I20(e) T5UpdatesK._
I22(1) T4In generalK._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.
I22(2) T4Program revisionsK._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.
I72SEC. 1506. INTELLIGENCE SHARING.
I20(a) T5Intelligence SharingK._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.
I20(b) T5Information Sharing Analysis CenterK._
I22(1) T4EstablishmentK._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.
I22(2) T4Public transportation agency participationK._The Secretary_
I24(A) shall require those public transportation agencies that the Secretary determines to be at significant risk of terrorist attack to participate in the ISAC;
I24(B) shall encourage all other public transportation agencies to participate in the ISAC; and
I24(C) shall not charge a fee to any public transportation agency for participating in the ISAC.
I72SEC. 1507. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS AND CONTRACTS.
I20(a) T5Grants and Contracts AuthorizedK._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.
I20(b) T5Use of FundsK._Grants or contracts awarded under subsection (a)_
I22(1) shall be coordinated with Homeland Security Advanced Research Projects Agency activities; and
I22(2) may be used to_
I24(A) research chemical, biological, radiological, or explosive detection systems that do not significantly impede passenger access;
I24(B) research imaging technologies;
I24(C) conduct product evaluations and testing; and
I24(D) research other technologies or methods for reducing or deterring terrorist attacks against public transportation systems, or mitigating damage from such attacks.
I20(c) T5Reporting RequirementK._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.
I20(d) T5Return of Misspent Grant or Contract FundsK._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.
I72SEC. 1508. REPORTING REQUIREMENTS.
I20(a) T5Semi-Annual Report to CongressK._
I22(1) T4In generalK._Not later than March 31 and September 30 each year, the Secretary shall submit a report, containing the information described in paragraph (2), to_
I24(A) the Committee on Banking, Housing, and Urban Affairs of the Senate;
I24(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and
I24(C) the Committee on Appropriations of the Senate.
I22(2) T4ContentsK._The report submitted under paragraph (1) shall include_
I24(A) a description of the implementation of the provisions of sections 1503 through 1506;
I24(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
I24(C) the state of public transportation security in the United States.
I20(b) T5Annual Report to GovernorsK._
I22(1) T4In generalK._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.
I22(2) T4ContentsK._The report submitted under paragraph (1) shall specify_
I24(A) the amount of grant funds distributed to each such public transportation agency; and
I24(B) the use of such grant funds.
I72SEC. 1509. AUTHORIZATION OF APPROPRIATIONS.
I20(a) T5Capital Security Assistance ProgramK._There are authorized to be appropriated to carry out the provisions of section 1504(a) and remain available until expended_
I22(1) such sums as are necessary in fiscal year 2007;
I22(2) $536,000,000 for fiscal year 2008;
I22(3) $772,000,000 for fiscal year 2009; and
I22(4) $1,062,000,000 for fiscal year 2010.
I20(b) T5Operational Security Assistance ProgramK._There are authorized to be appropriated to carry out the provisions of section 1504(b)_
I22(1) such sums as are necessary in fiscal year 2007;
I22(2) $534,000,000 for fiscal year 2008;
I22(3) $333,000,000 for fiscal year 2009; and
I22(4) $133,000,000 for fiscal year 2010.
I20(c) T5IntelligenceK._There are authorized to be appropriated such sums as may be necessary to carry out the provisions of section 1505.
I20(d) T5ResearchK._There are authorized to be appropriated to carry out the provisions of section 1507 and remain available until expended_
I22(1) such sums as are necessary in fiscal year 2007;
I22(2) $30,000,000 for fiscal year 2008;
I22(3) $45,000,000 for fiscal year 2009; and
I22(4) $55,000,000 for fiscal year 2010.
I72SEC. 1510. SUNSET PROVISION.
I20The authority to make grants under this title shall expire on October 1, 2011.
I78TITLE XVI_MISCELLANEOUS PROVISIONS
I72SEC. 1601. DEPUTY SECRETARY OF HOMELAND SECRETARY FOR MANAGEMENT.
I20(a) T5Establishment and SuccessionK._Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) is amended_
I22(1) in subsection (a)_
I24(A) in the subsection heading, by striking ``T5Deputy SecretaryK'' and inserting ``T5Deputy SecretariesK'';
I24(B) by striking paragraph (6);
I24(C) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and
I24(D) by striking paragraph (1) and inserting the following:
I22``(1) A Deputy Secretary of Homeland Security.
I22``(2) A Deputy Secretary of Homeland Security for Management.''; and
I22(2) by adding at the end the following:
I20``(g) T5VacanciesK._
I22``(1) T4Vacancy in office of secretaryK._
I24``(A) T4Deputy secretaryK._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.
I24``(B) T4Deputy secretary for managementK._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.
I22``(2) T4Vacancy in office of deputy secretaryK._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.
I22``(3) T4Further order of successionK._The Secretary may designate such other officers of the Department in further order of succession to act as Secretary.''.
I20(b) T5ResponsibilitiesK._Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended_
I22(1) in the section heading, by striking ``G2T1under secretaryK'' and inserting ``G2T1deputy secretary of homeland securityK'';
I22(2) in subsection (a)_
I24(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'';
I24(B) by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management'';
I24(C) by striking paragraph (7) and inserting the following:
I22``(7) Strategic planning and annual performance planning and identification and tracking of performance measures relating to the responsibilities of the Department.''; and
I24(D) by striking paragraph (9), and inserting the following:
I22``(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
I22(3) in subsection (b)_
I24(A) in paragraph (1), by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''; and
I24(B) in paragraph (2), by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''.
I20(c) T5Appointment, Evaluation, and ReappointmentK._Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended by adding at the end the following:
I20``(c) T5Appointment, Evaluation, and ReappointmentK._The Deputy Secretary of Homeland Security for Management_
I22``(1) shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who have_
I24``(A) extensive executive level leadership and management experience in the public or private sector;
I24``(B) strong leadership skills;
I24``(C) a demonstrated ability to manage large and complex organizations; and
I24``(D) a proven record in achieving positive operational results;
I22``(2) shall_
I24``(A) serve for a term of 5 years; and
I24``(B) be subject to removal by the President if the President_
I26``(i) finds that the performance of the Deputy Secretary of Homeland Security for Management is unsatisfactory; and
I26``(ii) communicates the reasons for removing the Deputy Secretary of Homeland Security for Management to Congress before such removal;
I22``(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;
I22``(4) shall enter into an annual performance agreement with the Secretary that shall set forth measurable individual and organizational goals; and
I22``(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).''.
I20(d) T5IncumbentK._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_
I22(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
I22(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.
I20(e) T5ReferencesK._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.
I20(f) T5Technical and Conforming AmendmentsK._
I22(1) T4Other referenceK._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''.
I22(2) T4Table of contentsK._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:
Q10

S6213
I42``Sec.701.Deputy Secretary of Homeland Security for Management.''.

S6203
I22(3) T4Executive scheduleK._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:
I22``Deputy Secretary of Homeland Security for Management.''.
I72SEC. 1602. SENSE OF THE SENATE REGARDING COMBATING DOMESTIC RADICALIZATION.
I20(a) T5FindingsK._The Senate finds the following:
I22(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.
I22(2) The radical jihadist movement transcends borders and has been identified as a potential threat within the United States.
I22(3) Radicalization has been identified as a precursor to terrorism.
I22(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.
I22(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.
I22(6) The alienation of Muslim populations in the Western world has been identified as a factor in the spread of radicalization.
I22(7) Radicalization cannot be prevented solely through law enforcement and intelligence measures.
I20(b) T5Sense of SenateK._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_
I22(1) using intelligence analysts and other experts to better understand the process of radicalization from sympathizer to activist to terrorist;
I22(2) recruiting employees with diverse worldviews, skills, languages, and cultural backgrounds and expertise;
I22(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;
I22(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;
I22(5) pursuing broader avenues of dialogue with the Muslim community to foster mutual respect, understanding, and trust; and
I22(6) working directly with State, local, and community leaders to_
I24(A) educate these leaders on the threat of radicalization and the necessity of taking preventative action at the local level; and
I24(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.
I72SEC. 1603. SENSE OF THE SENATE REGARDING OVERSIGHT OF HOMELAND SECURITY.
I20(a) T5Findings.K_The Senate finds the following:
I22(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'').
I22(2) Congress considered and passed the National Security Intelligence Reform Act of 2004 (Public Law 108ÿ09458; 118 Stat. 3643) to implement the recommendations of the Commission.
I22(3) Representatives of the Department testified at 165 Congressional hearings in calendar year 2004, and 166 Congressional hearings in calendar year 2005.
I22(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.
I22(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.
I20(b) T5Sense of Senate.K_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.''.
I72SEC. 1604. REPORT REGARDING BORDER SECURITY.
I20(a) T5In General.K 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.
I20(b) T5Contents.K The report submitted under sub-section (a) shall
I22(1) address the vulnerabilities along the northern border of the United States; and
I22(2) provide recommendations to address such vulnerabilities, including required resources needed to protect the northern border of the United States. 
I20(c) T5Government Accountability Office.K 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_
I22(1) reviews and comments on the report under subsection (a); and
I22(2) provides recommendations regarding any additional actions necessary to protect the northern border of the United States.
I72SEC. 1605. LAW ENFORCEMENT ASSISTANCE FORCE.
I20(a) T5EstablishmentK._The Secretary shall establish a Law Enforcement Assistance Force to facilitate the contributions of retired law enforcement officers and agents during major disasters.
I20(b) T5Eligible ParticipantsK._An individual may participate in the Law Enforcement Assistance Force if that individual_
I22(1) has experience working as an officer or agent for a public law enforcement agency and left that agency in good standing;
I22(2) holds current certifications for firearms, first aid, and such other skills determined necessary by the Secretary;
I22(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
I22(4) meets such other qualifications as the Secretary may require.
I20(c) T5Liability; SupervisionK._Each eligible participant shall, upon acceptance of an assignment under this section_
I24(A) be detailed to a Federal, State, or local government law enforcement agency; and
I24(B) work under the direct supervision of an officer or agent of that agency.
I20(d) T5MobilizationK._
I22(1) T4In generalK._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.
I22(2) T4AcceptanceK._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_
I24(A) the period during which the law enforcement agency needs the services of such participant;
I24(B) 30 days;
I24(C) such other period of time agreed to between the Secretary and the eligible participant.
I22(3) T4RefusalK._An eligible participant may refuse an assignment under this subsection without any adverse consequences.
I20(e) T5ExpensesK._
I22(1) T4In generalK._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).
I22(2) T4Source of fundsK._Expenses incurred under paragraph (1) shall be paid from amounts appropriated to the Federal Emergency Management Agency.
I20(f) T5Termination of AssistanceK._The availability of eligible participants of the Law Enforcement Assistance Force shall continue for a period equal to the shorter of_
I22(1) the period of the major disaster; or
I22(2) 1 year.
I20(g) T5DefinitionsK._In this section_
I22(1) the term ``eligible participant'' means an individual participating in the Law Enforcement Assistance Force;
I22(2) the term ``Law Enforcement Assistance Force'' means the Law Enforcement Assistance Force established under subsection (a); and
I22(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).
I20(h) T5Authorization of AppropriationsK._There are authorized to be appropriated such sums as may be necessary to carry out this section.
I72SEC. 1606. QUADRENNIAL HOMELAND SECURITY REVIEW.
I20(a) T5In GeneralK._
I22(1) T4EstablishmentK._Not later than the end of fiscal year 2008, the Secretary shall establish a national homeland security strategy.
I22(2) T4ReviewK._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.
I22(3) T4ScopeK._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.
I22(4) T4ReferenceK._The establishment or review of the national homeland security strategy under this subsection shall be known as the ``quadrennial homeland security review''.
I22(5) T4ConsultationK._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.
I20(b) T5Contents of ReviewK._Each quadrennial homeland security review shall_
I22(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;
I22(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
I22(3) identify_
I24(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
I24(B) any additional resources required to achieve such a level of risk.
I20(c) T5Level of RiskK._The assessment of the level of risk for purposes of subsection (b)(3) shall be conducted by the Director of National Intelligence.
I20(d) T5ReportingK._
I22(1) T4In generalK._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.
I22(2) T4Contents of reportK._Each report submitted under paragraph (1) shall include_
I24(A) the results of the quadrennial homeland security review;
I24(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;
I24(C) the status of cooperation among Federal agencies in the effort to promote national homeland security;
I24(D) the status of cooperation between the Federal Government and State governments in preparing for emergency response to threats to national homeland security; and
I24(E) any other matter the Secretary considers appropriate.
I20(e) T5Resource PlanK._
I20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.
I72SEC. 1607. INTEGRATION OF DETECTION EQUIPMENT AND TECHNOLOGIES.
I20(a) T5In GeneralK._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.
I20(b) T5ReportK._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.
I78TITLE XVII_911 MODERNIZATION
I72SEC. 1701. SHORT TITLE.
I20This title may be cited as the ``911 Modernization Act''.
I72SEC. 1702. FUNDING FOR PROGRAM.
I20Section 3011 of Public Law 109ÿ09171 (47 U.S.C. 309 note) is amended_
I22(1) by striking ``The'' and inserting:
I20``(a) T5In GeneralK._The''; and
I22(2) by adding at the end the following:
I20``(b) T5CreditK._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.''.
I72SEC. 1703. NTIA COORDINATION OF Eÿ09911 IMPLEMENTATION.
I20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.''.
I78TITLE XVIII_MODERNIZATION OF THE AMERICAN NATIONAL RED CROSS
I72SEC. 1801. SHORT TITLE.
I20This title may be cited as the ``The American National Red Cross Governance Modernization Act of 2007''.
I72SEC. 1802. FINDINGS; SENSE OF CONGRESS.
I20(a) T5FindingsK._Congress makes the following findings:
I22(1) Substantive changes to the Congressional Charter of The American National Red Cross have not been made since 1947.
I22(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.
I22(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.
I22(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.
I22(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_
I24(A) reviewing and approving the mission statement for The American National Red Cross;
I24(B) approving and overseeing the corporation's strategic plan and maintaining strategic oversight of operational matters;
I24(C) selecting, evaluating, and determining the level of compensation of the corporation's chief executive officer;
I24(D) evaluating the performance and establishing the compensation of the senior leadership team and providing for management succession;
I24(E) overseeing the financial reporting and audit process, internal controls, and legal compliance;
I24(F) holding management accountable for performance;
I24(G) providing oversight of the financial stability of the corporation;
I24(H) ensuring the inclusiveness and diversity of the corporation;
I24(I) providing oversight of the protection of the brand of the corporation; and
I24(J) assisting with fundraising on behalf of the corporation.
I22(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.
I22(B) The new method of selection should replace the current process by which_
I24(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;
I24(ii) 12 at-large members of the Board of Governors are nominated by a Board committee and elected by the Board of Governors; and
I24(iii) 8 members of the Board of Governors are appointed by the President of the United States.
I22(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:
I24(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.
I24(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.
I22(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.
I22(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_
I24(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;
I24(B) will report to the chief executive officer and the audit committee of the Board of Governors; and
I24(C) will have access to anyone and any documents in The American National Red Cross.
I20(b) T5Sense of CongressK._It is the sense of Congress that_
I22(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;
I22(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;
I22(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
I22(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.
I72SEC. 1803. ORGANIZATION.
I20Section 300101 of title 36, United States Code, is amended_
I22(1) in subsection (a), by inserting ``a Federally chartered instrumentality of the United States and'' before ``a body corporate and politic''; and
I22(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.''.
I72SEC. 1804. PURPOSES.
I20Section 300102 of title 36, United States Code, is amended_
I22(1) by striking ``and'' at the end of paragraph (3);
I22(2) by striking the period at the end of paragraph (4) and inserting ``; and''; and
I22(3) by adding at the end the following paragraph:
I22``(5) to conduct other activities consistent with the foregoing purposes.''.
I72SEC. 1805. MEMBERSHIP AND CHAPTERS.
I20Section 300103 of title 36, United States Code, is amended_
I22(1) in subsection (a), by inserting ``, or as otherwise provided,'' before ``in the bylaws'';
I22(2) in subsection (b)(1)_
I24(A) by striking ``board of governors'' and inserting ``corporation''; and
I24(B) by inserting ``policies and'' before ``regulations related''; and
I22(3) in subsection (b)(2)_
I24(A) by inserting ``policies and'' before ``regulations shall require''; and
I24(B) by striking ``national convention'' and inserting ``annual meeting''.
I72SEC. 1806. BOARD OF GOVERNORS.
I20Section 300104 of title 36, United States Code, is amended to read as follows:
I75``ÿ1A300104. Board of governors
I20``(a) T5Board of GovernorsK._
I22``(1) T4In generalK._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.
I22``(2) T4NumberK._The board of governors shall fix by resolution, from time to time, the number of members constituting the entire board of governors, provided that_
I24``(A) as of March 31, 2009, and thereafter, there shall be no fewer than 12 and no more than 25 members; and
I24``(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.
I22Procedures to implement the preceding sentence shall be provided in the bylaws.
I22``(3) T4AppointmentK._The governors shall be appointed or elected in the following manner:
I24``(A) T4ChairmanK._
I26``(i) T4In generalK._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.
I26``(ii) T4VacanciesK._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).
I26``(iii) T4DutiesK._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.
I24``(B) T4Other membersK._
I26``(i) T4In generalK._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.
I26``(ii) T4VacanciesK._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.
I20``(b) T5Terms of OfficeK._
I22``(1) T4In generalK._The term of office of each member of the board of governors shall be 3 years, except that_
I24``(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
I24``(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.
I22``(2) T4Staggered termsK._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.
I22``(3) T4Term limitsK._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.
I20``(c) T5Committees and OfficersK._The board_
I22``(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;
I22``(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;
I22``(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
I22``(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.
I20``(d) T5Advisory CouncilK._
I22``(1) T4EstablishmentK._There shall be an advisory council to the board of governors.
I22``(2) T4Membership; appointment by presidentK._
I24``(A) T4In generalK._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.
I24``(B) T4Members from the armed forcesK._At least 1, but not more than 3, of the members of the advisory council shall be selected from the Armed Forces.
I22``(3) T4DutiesK._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.
I20``(e) T5Action Without MeetingK._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.
I20``(f) T5Voting by ProxyK._
I22``(1) T4In generalK._Voting by proxy is not allowed at any meeting of the board, at the annual meeting, or at any meeting of a chapter.
I22``(2) T4ExceptionK._The board may allow the election of governors by proxy during any emergency.
I20``(g) T5BylawsK._
I22``(1) T4In generalK._The board of governors may_
I24``(A) at any time adopt bylaws; and
I24``(B) at any time adopt bylaws to be effective only in an emergency.
I22``(2) T4Emergency bylawsK._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.
I20``(h) T5DefinitionsK._For purposes of this section_
I22``(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
I22``(2) the term `emergency' shall have such meaning as may be provided in the bylaws.''.
I72SEC. 1807. POWERS.
I20Paragraph (a)(1) of section 300105 of title 36, United States Code, is amended by striking ``bylaws'' and inserting ``policies''.
I72SEC. 1808. ANNUAL MEETING.
I20Section 300107 of title 36, United States Code, is amended to read as follows:
I75``ÿ1A300107. Annual meeting
I20``(a) T5In GeneralK._The annual meeting of the corporation is the annual meeting of delegates of the chapters.
I20``(b) T5Time of MeetingK._The annual meeting shall be held as determined by the board of governors.
I20``(c) T5Place of MeetingK._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.
I20``(d) T5VotingK._
I22``(1) T4In generalK._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.
I22``(2) T4Establishment of number of votesK._
I24``(A) T4In generalK._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.
I24``(B) T4Periodic reviewK._The board of governors shall review the allocation of votes at least every 5 years.''.
I72SEC. 1809. ENDOWMENT FUND.
I20Section 300109 of title 36, United States Code is amended_
I22(1) by striking ``nine'' from the first sentence thereof; and
I22(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.''.
I72SEC. 1810. ANNUAL REPORT AND AUDIT.
I20Subsection (a) of section 300110 of title 36, United States Code, is amended to read as follows:
I20``(a) T5Submission of ReportK._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.''.
I72SEC. 1811. COMPTROLLER GENERAL OF THE UNITED STATES AND OFFICE OF THE OMBUDSMAN.
I20(a) T5In GeneralK._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:
I75``ÿ1A300111. Authority of the Comptroller General of the United States
I20``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.
I75``ÿ1A300112. Office of the Ombudsman
I20``(a) T5EstablishmentK._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.
I20``(b) T5ReportK._
I22``(1) T4In generalK._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.
I22``(2) T4Appropriate congressional committeesK._For purposes of paragraph (1), the appropriate Congressional committees are the following committees of Congress:
I24``(A) T4Senate committeesK._The appropriate Congressional committees of the Senate are_
I26``(i) the Committee on Finance;
I26``(ii) the Committee on Foreign Relations;
I26``(iii) the Committee on Health, Education, Labor, and Pensions;
I26``(iv) the Committee on Homeland Security and Governmental Affairs; and
I26``(v) the Committee on the Judiciary.
I24``(B) T4House committeesK._The appropriate Congressional committees of the House of Representatives are_
I26``(i) the Committee on Energy and Commerce;
I26``(ii) the Committee on Foreign Affairs;
I26``(iii) the Committee on Homeland Security;
I26``(iv) the Committee on the Judiciary; and
I26``(v) the Committee on Ways and Means.''.
I20(b) T5Clerical AmendmentK._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:
Q10

S6213
I42``300111.Authority of the Comptroller General of the United States.
I42``300112.Office of the Ombudsman.
I42``300113.Reservation of right to amend or repeal.''.

S6203
I78TITLE XIX_ADVANCEMENT OF DEMOCRATIC VALUES
I72SEC. 1901. SHORT TITLE.
I20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''.
I72SEC. 1902. FINDINGS.
I20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.
I72SEC. 1903. STATEMENT OF POLICY.
I20It should be the policy of the United States_
I22(1) to promote freedom and democracy in foreign countries as a fundamental component of the foreign policy of the United States;
I22(2) to affirm internationally recognized human rights standards and norms and to condemn offenses against those rights;
I22(3) to use instruments of United States influence to support, promote, and strengthen democratic principles, practices, and values, including the r