[110th CONGRESS House Bills]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: h1enr.txt]
[Enrolled Bill]
        H.R.1

                       One Hundred Tenth Congress

                                 of the

                        United States of America




          Begun and held at the City of Washington on Thursday,
            the fourth day of January, two thousand and seven


                                 An Act


 
To provide for the implementation of the recommendations of the National 
         Commission on Terrorist Attacks Upon the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Implementing 
Recommendations of the 9/11 Commission Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                    TITLE I--HOMELAND SECURITY GRANTS

Sec. 101. Homeland Security Grant Program.
Sec. 102. Other amendments to the Homeland Security Act of 2002.
Sec. 103. Amendments to the Post-Katrina Emergency Management Reform Act 
          of 2006.
Sec. 104. Technical and conforming amendments.

            TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Sec. 201. Emergency management performance grant program.
Sec. 202. Grants for construction of emergency operations centers.

TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS

Sec. 301. Interoperable emergency communications grant program.
Sec. 302. Border interoperability demonstration project.

       TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

Sec. 401. Definitions.
Sec. 402. National exercise program design.
Sec. 403. National exercise program model exercises.
Sec. 404. Preidentifying and evaluating multijurisdictional facilities 
          to strengthen incident command; private sector preparedness.
Sec. 405. Federal response capability inventory.
Sec. 406. Reporting requirements.
Sec. 407. Federal preparedness.
Sec. 408. Credentialing and typing.
Sec. 409. Model standards and guidelines for critical infrastructure 
          workers.
Sec. 410. Authorization of appropriations.

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

      Subtitle A--Homeland Security Information Sharing Enhancement

Sec. 501. Homeland Security Advisory System and information sharing.
Sec. 502. Intelligence Component Defined.
Sec. 503. Role of intelligence components, training, and information 
          sharing.
Sec. 504. Information sharing.

     Subtitle B--Homeland Security Information Sharing Partnerships

Sec. 511. Department of Homeland Security State, Local, and Regional 
          Fusion Center Initiative.
Sec. 512. Homeland Security Information Sharing Fellows Program.
Sec. 513. Rural Policing Institute.

    Subtitle C--Interagency Threat Assessment and Coordination Group

Sec. 521. Interagency Threat Assessment and Coordination Group.

    Subtitle D--Homeland Security Intelligence Offices Reorganization

Sec. 531. Office of Intelligence and Analysis and Office of 
          Infrastructure Protection.

               Subtitle E--Authorization of Appropriations

Sec. 541. Authorization of appropriations.

            TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Sec. 601. Availability to public of certain intelligence funding 
          information.
Sec. 602. Public Interest Declassification Board.
Sec. 603. Sense of the Senate regarding a report on the 9/11 Commission 
          recommendations with respect to intelligence reform and 
          congressional intelligence oversight reform.
Sec. 604. Availability of funds for the Public Interest Declassification 
          Board.
Sec. 605. Availability of the Executive Summary of the Report on Central 
          Intelligence Agency Accountability Regarding the Terrorist 
          Attacks of September 11, 2001.

      TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

                      Subtitle A--Terrorist Travel

Sec. 701. Report on international collaboration to increase border 
          security, enhance global document security, and exchange 
          terrorist information.

                         Subtitle B--Visa Waiver

Sec. 711. Modernization of the visa waiver program.

         Subtitle C--Strengthening Terrorism Prevention Programs

Sec. 721. Strengthening the capabilities of the Human Smuggling and 
          Trafficking Center.
Sec. 722. Enhancements to the terrorist travel program.
Sec. 723. Enhanced driver's license.
Sec. 724. Western Hemisphere Travel Initiative.
Sec. 725. Model ports-of-entry.

                  Subtitle D--Miscellaneous Provisions

Sec. 731. Report regarding border security.

                 TITLE VIII--PRIVACY AND CIVIL LIBERTIES

Sec. 801. Modification of authorities relating to Privacy and Civil 
          Liberties Oversight Board.
Sec. 802. Department Privacy Officer.
Sec. 803. Privacy and civil liberties officers.
Sec. 804. Federal Agency Data Mining Reporting Act of 2007.

                  TITLE IX--PRIVATE SECTOR PREPAREDNESS

Sec. 901. Private sector preparedness.
Sec. 902. Responsibilities of the private sector Office of the 
          Department.

           TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

Sec. 1001. National Asset Database.
Sec. 1002. Risk assessments and report.
Sec. 1003. Sense of Congress regarding the inclusion of levees in the 
          National Infrastructure Protection Plan.

     TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

Sec. 1101. National Biosurveillance Integration Center.
Sec. 1102. Biosurveillance efforts.
Sec. 1103. Interagency coordination to enhance defenses against nuclear 
          and radiological weapons of mass destruction.
Sec. 1104. Integration of detection equipment and technologies.

   TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

Sec. 1201. Definitions.
Sec. 1202. Transportation security strategic planning.
Sec. 1203. Transportation security information sharing.
Sec. 1204. National domestic preparedness consortium.
Sec. 1205. National transportation security center of excellence.
Sec. 1206. Immunity for reports of suspected terrorist activity or 
          suspicious behavior and response.

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

Sec. 1301. Definitions.
Sec. 1302. Enforcement authority.
Sec. 1303. Authorization of visible intermodal prevention and response 
          teams.
Sec. 1304. Surface transportation security inspectors.
Sec. 1305. Surface transportation security technology information 
          sharing.
Sec. 1306. TSA personnel limitations.
Sec. 1307. National explosives detection canine team training program.
Sec. 1308. Maritime and surface transportation security user fee study.
Sec. 1309. Prohibition of issuance of transportation security cards to 
          convicted felons.
Sec. 1310. Roles of the Department of Homeland Security and the 
          Department of Transportation.

                TITLE XIV--PUBLIC TRANSPORTATION SECURITY

Sec. 1401. Short title.
Sec. 1402. Definitions.
Sec. 1403. Findings.
Sec. 1404. National Strategy for Public Transportation Security.
Sec. 1405. Security assessments and plans.
Sec. 1406. Public transportation security assistance.
Sec. 1407. Security exercises.
Sec. 1408. Public transportation security training program.
Sec. 1409. Public transportation research and development.
Sec. 1410. Information sharing.
Sec. 1411. Threat assessments.
Sec. 1412. Reporting requirements.
Sec. 1413. Public transportation employee protections.
Sec. 1414. Security background checks of covered individuals for public 
          transportation.
Sec. 1415. Limitation on fines and civil penalties.

                TITLE XV--SURFACE TRANSPORTATION SECURITY

                     Subtitle A--General Provisions

Sec. 1501. Definitions.
Sec. 1502. Oversight and grant procedures.
Sec. 1503. Authorization of appropriations.
Sec. 1504. Public awareness.

                      Subtitle B--Railroad Security

Sec. 1511. Railroad transportation security risk assessment and national 
          strategy.
Sec. 1512. Railroad carrier assessments and plans.
Sec. 1513. Railroad security assistance.
Sec. 1514. Systemwide Amtrak security upgrades.
Sec. 1515. Fire and life safety improvements.
Sec. 1516. Railroad carrier exercises.
Sec. 1517. Railroad security training program.
Sec. 1518. Railroad security research and development.
Sec. 1519. Railroad tank car security testing.
Sec. 1520. Railroad threat assessments.
Sec. 1521. Railroad employee protections.
Sec. 1522. Security background checks of covered individuals.
Sec. 1523. Northern border railroad passenger report.
Sec. 1524. International Railroad Security Program.
Sec. 1525. Transmission line report.
Sec. 1526. Railroad security enhancements.
Sec. 1527. Applicability of District of Columbia law to certain Amtrak 
          contracts.
Sec. 1528. Railroad preemption clarification.

           Subtitle C--Over-the-Road Bus and Trucking Security

Sec. 1531. Over-the-road bus security assessments and plans.
Sec. 1532. Over-the-road bus security assistance.
Sec. 1533. Over-the-road bus exercises.
Sec. 1534. Over-the-road bus security training program.
Sec. 1535. Over-the-road bus security research and development.
Sec. 1536. Motor carrier employee protections.
Sec. 1537. Unified carrier registration system agreement.
Sec. 1538. School bus transportation security.
Sec. 1539. Technical amendment.
Sec. 1540. Truck security assessment.
Sec. 1541. Memorandum of understanding annex.
Sec. 1542. DHS Inspector General report on trucking security grant 
          program.

          Subtitle D--Hazardous Material and Pipeline Security

Sec. 1551. Railroad routing of security-sensitive materials.
Sec. 1552. Railroad security-sensitive material tracking.
Sec. 1553. Hazardous materials highway routing.
Sec. 1554. Motor carrier security-sensitive material tracking.
Sec. 1555. Hazardous materials security inspections and study.
Sec. 1556. Technical corrections.
Sec. 1557. Pipeline security inspections and enforcement.
Sec. 1558. Pipeline security and incident recovery plan.

                           TITLE XVI--AVIATION

Sec. 1601. Airport checkpoint screening fund.
Sec. 1602. Screening of cargo carried aboard passenger aircraft.
Sec. 1603. In-line baggage screening.
Sec. 1604. In-line baggage system deployment.
Sec. 1605. Strategic plan to test and implement advanced passenger 
          prescreening system.
Sec. 1606. Appeal and redress process for passengers wrongly delayed or 
          prohibited from boarding a flight.
Sec. 1607. Strengthening explosives detection at passenger screening 
          checkpoints.
Sec. 1608. Research and development of aviation transportation security 
          technology.
Sec. 1609. Blast-resistant cargo containers.
Sec. 1610. Protection of passenger planes from explosives.
Sec. 1611. Specialized training.
Sec. 1612. Certain TSA personnel limitations not to apply.
Sec. 1613. Pilot project to test different technologies at airport exit 
          lanes.
Sec. 1614. Security credentials for airline crews.
Sec. 1615. Law enforcement officer biometric credential.
Sec. 1616. Repair station security.
Sec. 1617. General aviation security.
Sec. 1618. Extension of authorization of aviation security funding.

                       TITLE XVII--MARITIME CARGO

Sec. 1701. Container scanning and seals.

 TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 
                                TERRORISM

Sec. 1801. Findings.
Sec. 1802. Definitions.

  Subtitle A--Repeal and Modification of Limitations on Assistance for 
              Prevention of WMD Proliferation and Terrorism

Sec. 1811. Repeal and modification of limitations on assistance for 
          prevention of weapons of mass destruction proliferation and 
          terrorism.

              Subtitle B--Proliferation Security Initiative

Sec. 1821. Proliferation Security Initiative improvements and 
          authorities.
Sec. 1822. Authority to provide assistance to cooperative countries.

Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass 
                 Destruction Proliferation and Terrorism

Sec. 1831. Statement of policy.
Sec. 1832. Authorization of appropriations for the Department of Defense 
          Cooperative Threat Reduction Program.
Sec. 1833. Authorization of appropriations for the Department of Energy 
          programs to prevent weapons of mass destruction proliferation 
          and terrorism.

 Subtitle D--Office of the United States Coordinator for the Prevention 
       of Weapons of Mass Destruction Proliferation and Terrorism

Sec. 1841. Office of the United States Coordinator for the Prevention of 
          Weapons of Mass Destruction Proliferation and Terrorism.
Sec. 1842. Sense of Congress on United States-Russia cooperation and 
          coordination on the prevention of weapons of mass destruction 
          proliferation and terrorism.

Subtitle E--Commission on the Prevention of Weapons of Mass Destruction 
                       Proliferation and Terrorism

Sec. 1851. Establishment of Commission on the Prevention of Weapons of 
          Mass Destruction Proliferation and Terrorism.
Sec. 1852. Purposes of Commission.
Sec. 1853. Composition of Commission.
Sec. 1854. Responsibilities of Commission.
Sec. 1855. Powers of Commission.
Sec. 1856. Nonapplicability of Federal Advisory Committee Act.
Sec. 1857. Report.
Sec. 1858. Termination.
Sec. 1859. Funding.

   TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

Sec. 1901. Promoting antiterrorism capabilities through international 
          cooperation.
Sec. 1902. Transparency of funds.

         TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

Sec. 2001. Short title.
Sec. 2002. Definition.

 Subtitle A--Quality Educational Opportunities in Predominantly Muslim 
                               Countries.

Sec. 2011. Findings; Policy.
Sec. 2012. International Muslim Youth Opportunity Fund.
Sec. 2013. Annual report to Congress.
Sec. 2014. Extension of program to provide grants to American-sponsored 
          schools in predominantly Muslim Countries to provide 
          scholarships.

 Subtitle B--Democracy and Development in the Broader Middle East Region

Sec. 2021. Middle East Foundation.

         Subtitle C--Reaffirming United States Moral Leadership

Sec. 2031. Advancing United States interests through public diplomacy.
Sec. 2032. Oversight of international broadcasting.
Sec. 2033. Expansion of United States scholarship, exchange, and library 
          programs in predominantly Muslim countries.
Sec. 2034. United States policy toward detainees.

      Subtitle D--Strategy for the United States Relationship With 
                 Afghanistan, Pakistan, and Saudi Arabia

Sec. 2041. Afghanistan.
Sec. 2042. Pakistan.
Sec. 2043. Saudi Arabia.

                 TITLE XXI--ADVANCING DEMOCRATIC VALUES

Sec. 2101. Short title.
Sec. 2102. Findings.
Sec. 2103. Statement of policy.
Sec. 2104. Definitions.

      Subtitle A--Activities to Enhance the Promotion of Democracy

Sec. 2111. Democracy Promotion at the Department of State.
Sec. 2112. Democracy Fellowship Program.
Sec. 2113. Investigations of violations of international humanitarian 
          law.

Subtitle B--Strategies and Reports on Human Rights and the Promotion of 
                                Democracy

Sec. 2121. Strategies, priorities, and annual report.
Sec. 2122. Translation of human rights reports.

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

Sec. 2131. Advisory Committee on Democracy Promotion.
Sec. 2132. Sense of Congress regarding the Internet website of the 
          Department of State.

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

Sec. 2141. Training in democracy promotion and the protection of human 
          rights.
Sec. 2142. Sense of Congress regarding ADVANCE Democracy Award.
Sec. 2143. Personnel policies at the Department of State.

            Subtitle E--Cooperation With Democratic Countries

Sec. 2151. Cooperation with democratic countries.

             Subtitle F--Funding for Promotion of Democracy

Sec. 2161. The United Nations Democracy Fund.
Sec. 2162. United States democracy assistance programs.

           TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

Sec. 2201. Interoperable emergency communications.
Sec. 2202. Clarification of congressional intent.
Sec. 2203. Cross border interoperability reports.
Sec. 2204. Extension of short quorum.
Sec. 2205. Requiring reports to be submitted to certain committees.

           TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION

Sec. 2301. Short title.
Sec. 2302. Funding for program.
Sec. 2303. NTIA coordination of E-911 implementation.

                  TITLE XXIV--MISCELLANEOUS PROVISIONS

Sec. 2401. Quadrennial homeland security review.
Sec. 2402. Sense of the Congress regarding the prevention of 
          radicalization leading to ideologically-based violence.
Sec. 2403. Requiring reports to be submitted to certain committees.
Sec. 2404. Demonstration project.
Sec. 2405. Under Secretary for Management of Department of Homeland 
          Security.

                   TITLE I--HOMELAND SECURITY GRANTS

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

                  ``TITLE XX--HOMELAND SECURITY GRANTS

``SEC. 2001. DEFINITIONS.
    ``In this title, the following definitions shall apply:
        ``(1) Administrator.--The term `Administrator' means the 
    Administrator of the Federal Emergency Management Agency.
        ``(2) Appropriate committees of congress.--The term 
    `appropriate committees of Congress' means--
            ``(A) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            ``(B) those committees of the House of Representatives that 
        the Speaker of the House of Representatives determines 
        appropriate.
        ``(3) Critical infrastructure sectors.--The term `critical 
    infrastructure sectors' means the following sectors, in both urban 
    and rural areas:
            ``(A) Agriculture and food.
            ``(B) Banking and finance.
            ``(C) Chemical industries.
            ``(D) Commercial facilities.
            ``(E) Commercial nuclear reactors, materials, and waste.
            ``(F) Dams.
            ``(G) The defense industrial base.
            ``(H) Emergency services.
            ``(I) Energy.
            ``(J) Government facilities.
            ``(K) Information technology.
            ``(L) National monuments and icons.
            ``(M) Postal and shipping.
            ``(N) Public health and health care.
            ``(O) Telecommunications.
            ``(P) Transportation systems.
            ``(Q) Water.
        ``(4) Directly eligible tribe.--The term `directly eligible 
    tribe' means--
            ``(A) any Indian tribe--
                ``(i) that is located in the continental United States;
                ``(ii) that operates a law enforcement or emergency 
            response agency with the capacity to respond to calls for 
            law enforcement or emergency services;
                ``(iii)(I) that is located on or near an international 
            border or a coastline bordering an ocean (including the 
            Gulf of Mexico) or international waters;
                ``(II) that is located within 10 miles of a system or 
            asset included on the prioritized critical infrastructure 
            list established under section 210E(a)(2) or has such a 
            system or asset within its territory;
                ``(III) that is located within or contiguous to 1 of 
            the 50 most populous metropolitan statistical areas in the 
            United States; or
                ``(IV) the jurisdiction of which includes not less than 
            1,000 square miles of Indian country, as that term is 
            defined in section 1151 of title 18, United States Code; 
            and
                ``(iv) that certifies to the Secretary that a State has 
            not provided funds under section 2003 or 2004 to the Indian 
            tribe or consortium of Indian tribes for the purpose for 
            which direct funding is sought; and
            ``(B) a consortium of Indian tribes, if each tribe 
        satisfies the requirements of subparagraph (A).
        ``(5) Eligible metropolitan area.--The term `eligible 
    metropolitan area' means any of the 100 most populous metropolitan 
    statistical areas in the United States.
        ``(6) High-risk urban area.--The term `high-risk urban area' 
    means a high-risk urban area designated under section 
    2003(b)(3)(A).
        ``(7) Indian tribe.--The term `Indian tribe' has the meaning 
    given that term in section 4(e) of the Indian Self-Determination 
    Act (25 U.S.C. 450b(e)).
        ``(8) Metropolitan statistical area.--The term `metropolitan 
    statistical area' means a metropolitan statistical area, as defined 
    by the Office of Management and Budget.
        ``(9) National special security event.--The term `National 
    Special Security Event' means a designated event that, by virtue of 
    its political, economic, social, or religious significance, may be 
    the target of terrorism or other criminal activity.
        ``(10) Population.--The term `population' means population 
    according to the most recent United States census population 
    estimates available at the start of the relevant fiscal year.
        ``(11) Population density.--The term `population density' means 
    population divided by land area in square miles.
        ``(12) Qualified intelligence analyst.--The term `qualified 
    intelligence analyst' means an intelligence analyst (as that term 
    is defined in section 210A(j)), including law enforcement 
    personnel--
            ``(A) who has successfully completed training to ensure 
        baseline proficiency in intelligence analysis and production, 
        as determined by the Secretary, which may include training 
        using a curriculum developed under section 209; or
            ``(B) whose experience ensures baseline proficiency in 
        intelligence analysis and production equivalent to the training 
        required under subparagraph (A), as determined by the 
        Secretary.
        ``(13) Target capabilities.--The term `target capabilities' 
    means the target capabilities for Federal, State, local, and tribal 
    government preparedness for which guidelines are required to be 
    established under section 646(a) of the Post-Katrina Emergency 
    Management Reform Act of 2006 (6 U.S.C. 746(a)).
        ``(14) Tribal government.--The term `tribal government' means 
    the government of an Indian tribe.

        ``Subtitle A--Grants to States and High-Risk Urban Areas

``SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.
    ``(a) Grants Authorized.--The Secretary, through the Administrator, 
may award grants under sections 2003 and 2004 to State, local, and 
tribal governments.
    ``(b) Programs Not Affected.--This subtitle shall not be construed 
to affect any of the following Federal programs:
        ``(1) Firefighter and other assistance programs authorized 
    under the Federal Fire Prevention and Control Act of 1974 (15 
    U.S.C. 2201 et seq.).
        ``(2) Grants authorized under the Robert T. Stafford Disaster 
    Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
        ``(3) Emergency Management Performance Grants under the 
    amendments made by title II of the Implementing Recommendations of 
    the 9/11 Commission Act of 2007.
        ``(4) Grants to protect critical infrastructure, including port 
    security grants authorized under section 70107 of title 46, United 
    States Code, and the grants authorized under title XIV and XV of 
    the Implementing Recommendations of the 9/11 Commission Act of 2007 
    and the amendments made by such titles.
        ``(5) The Metropolitan Medical Response System authorized under 
    section 635 of the Post-Katrina Emergency Management Reform Act of 
    2006 (6 U.S.C. 723).
        ``(6) The Interoperable Emergency Communications Grant Program 
    authorized under title XVIII.
        ``(7) Grant programs other than those administered by the 
    Department.
    ``(c) Relationship to Other Laws.--
        ``(1) In general.--The grant programs authorized under sections 
    2003 and 2004 shall supercede all grant programs authorized under 
    section 1014 of the USA PATRIOT Act (42 U.S.C. 3714).
        ``(2) Allocation.--The allocation of grants authorized under 
    section 2003 or 2004 shall be governed by the terms of this 
    subtitle and not by any other provision of law.
``SEC. 2003. URBAN AREA SECURITY INITIATIVE.
    ``(a) Establishment.--There is established an Urban Area Security 
Initiative to provide grants to assist high-risk urban areas in 
preventing, preparing for, protecting against, and responding to acts 
of terrorism.
    ``(b) Assessment and Designation of High-Risk Urban Areas.--
        ``(1) In general.--The Administrator shall designate high-risk 
    urban areas to receive grants under this section based on 
    procedures under this subsection.
        ``(2) Initial assessment.--
            ``(A) In general.--For each fiscal year, the Administrator 
        shall conduct an initial assessment of the relative threat, 
        vulnerability, and consequences from acts of terrorism faced by 
        each eligible metropolitan area, including consideration of--
                ``(i) the factors set forth in subparagraphs (A) 
            through (H) and (K) of section 2007(a)(1); and
                ``(ii) information and materials submitted under 
            subparagraph (B).
            ``(B) Submission of information by eligible metropolitan 
        areas.--Prior to conducting each initial assessment under 
        subparagraph (A), the Administrator shall provide each eligible 
        metropolitan area with, and shall notify each eligible 
        metropolitan area of, the opportunity to--
                ``(i) submit information that the eligible metropolitan 
            area believes to be relevant to the determination of the 
            threat, vulnerability, and consequences it faces from acts 
            of terrorism; and
                ``(ii) review the risk assessment conducted by the 
            Department of that eligible metropolitan area, including 
            the bases for the assessment by the Department of the 
            threat, vulnerability, and consequences from acts of 
            terrorism faced by that eligible metropolitan area, and 
            remedy erroneous or incomplete information.
        ``(3) Designation of high-risk urban areas.--
            ``(A) Designation.--
                ``(i) In general.--For each fiscal year, after 
            conducting the initial assessment under paragraph (2), and 
            based on that assessment, the Administrator shall designate 
            high-risk urban areas that may submit applications for 
            grants under this section.
                ``(ii) Additional areas.--Notwithstanding paragraph 
            (2), the Administrator may--

                    ``(I) in any case where an eligible metropolitan 
                area consists of more than 1 metropolitan division (as 
                that term is defined by the Office of Management and 
                Budget) designate more than 1 high-risk urban area 
                within a single eligible metropolitan area; and
                    ``(II) designate an area that is not an eligible 
                metropolitan area as a high-risk urban area based on 
                the assessment by the Administrator of the relative 
                threat, vulnerability, and consequences from acts of 
                terrorism faced by the area.

                ``(iii) Rule of construction.--Nothing in this 
            subsection may be construed to require the Administrator 
            to--

                    ``(I) designate all eligible metropolitan areas 
                that submit information to the Administrator under 
                paragraph (2)(B)(i) as high-risk urban areas; or
                    ``(II) designate all areas within an eligible 
                metropolitan area as part of the high-risk urban area.

            ``(B) Jurisdictions included in high-risk urban areas.--
                ``(i) In general.--In designating high-risk urban areas 
            under subparagraph (A), the Administrator shall determine 
            which jurisdictions, at a minimum, shall be included in 
            each high-risk urban area.
                ``(ii) Additional jurisdictions.--A high-risk urban 
            area designated by the Administrator may, in consultation 
            with the State or States in which such high-risk urban area 
            is located, add additional jurisdictions to the high-risk 
            urban area.
    ``(c) Application.--
        ``(1) In general.--An area designated as a high-risk urban area 
    under subsection (b) may apply for a grant under this section.
        ``(2) Minimum contents of application.--In an application for a 
    grant under this section, a high-risk urban area shall submit--
            ``(A) a plan describing the proposed division of 
        responsibilities and distribution of funding among the local 
        and tribal governments in the high-risk urban area;
            ``(B) the name of an individual to serve as a high-risk 
        urban area liaison with the Department and among the various 
        jurisdictions in the high-risk urban area; and
            ``(C) such information in support of the application as the 
        Administrator may reasonably require.
        ``(3) Annual applications.--Applicants for grants under this 
    section shall apply or reapply on an annual basis.
        ``(4) State review and transmission.--
            ``(A) In general.--To ensure consistency with State 
        homeland security plans, a high-risk urban area applying for a 
        grant under this section shall submit its application to each 
        State within which any part of that high-risk urban area is 
        located for review before submission of such application to the 
        Department.
            ``(B) Deadline.--Not later than 30 days after receiving an 
        application from a high-risk urban area under subparagraph (A), 
        a State shall transmit the application to the Department.
            ``(C) Opportunity for state comment.--If the Governor of a 
        State determines that an application of a high-risk urban area 
        is inconsistent with the State homeland security plan of that 
        State, or otherwise does not support the application, the 
        Governor shall--
                ``(i) notify the Administrator, in writing, of that 
            fact; and
                ``(ii) provide an explanation of the reason for not 
            supporting the application at the time of transmission of 
            the application.
        ``(5) Opportunity to amend.--In considering applications for 
    grants under this section, the Administrator shall provide 
    applicants with a reasonable opportunity to correct defects in the 
    application, if any, before making final awards.
    ``(d) Distribution of Awards.--
        ``(1) In general.--If the Administrator approves the 
    application of a high-risk urban area for a grant under this 
    section, the Administrator shall distribute the grant funds to the 
    State or States in which that high-risk urban area is located.
        ``(2) State distribution of funds.--
            ``(A) In general.--Not later than 45 days after the date 
        that a State receives grant funds under paragraph (1), that 
        State shall provide the high-risk urban area awarded that grant 
        not less than 80 percent of the grant funds. Any funds retained 
        by a State shall be expended on items, services, or activities 
        that benefit the high-risk urban area.
            ``(B) Funds retained.--A State shall provide each relevant 
        high-risk urban area with an accounting of the items, services, 
        or activities on which any funds retained by the State under 
        subparagraph (A) were expended.
        ``(3) Interstate urban areas.--If parts of a high-risk urban 
    area awarded a grant under this section are located in 2 or more 
    States, the Administrator shall distribute to each such State--
            ``(A) a portion of the grant funds in accordance with the 
        proposed distribution set forth in the application; or
            ``(B) if no agreement on distribution has been reached, a 
        portion of the grant funds determined by the Administrator to 
        be appropriate.
        ``(4) Certifications regarding distribution of grant funds to 
    high-risk urban areas.--A State that receives grant funds under 
    paragraph (1) shall certify to the Administrator that the State has 
    made available to the applicable high-risk urban area the required 
    funds under paragraph (2).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
        ``(1) $850,000,000 for fiscal year 2008;
        ``(2) $950,000,000 for fiscal year 2009;
        ``(3) $1,050,000,000 for fiscal year 2010;
        ``(4) $1,150,000,000 for fiscal year 2011;
        ``(5) $1,300,000,000 for fiscal year 2012; and
        ``(6) such sums as are necessary for fiscal year 2013, and each 
    fiscal year thereafter.
``SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.
    ``(a) Establishment.--There is established a State Homeland 
Security Grant Program to assist State, local, and tribal governments 
in preventing, preparing for, protecting against, and responding to 
acts of terrorism.
    ``(b) Application.--
        ``(1) In general.--Each State may apply for a grant under this 
    section, and shall submit such information in support of the 
    application as the Administrator may reasonably require.
        ``(2) Minimum contents of application.--The Administrator shall 
    require that each State include in its application, at a minimum--
            ``(A) the purpose for which the State seeks grant funds and 
        the reasons why the State needs the grant to meet the target 
        capabilities of that State;
            ``(B) a description of how the State plans to allocate the 
        grant funds to local governments and Indian tribes; and
            ``(C) a budget showing how the State intends to expend the 
        grant funds.
        ``(3) Annual applications.--Applicants for grants under this 
    section shall apply or reapply on an annual basis.
    ``(c) Distribution to Local and Tribal Governments.--
        ``(1) In general.--Not later than 45 days after receiving grant 
    funds, any State receiving a grant under this section shall make 
    available to local and tribal governments, consistent with the 
    applicable State homeland security plan--
            ``(A) not less than 80 percent of the grant funds;
            ``(B) with the consent of local and tribal governments, 
        items, services, or activities having a value of not less than 
        80 percent of the amount of the grant; or
            ``(C) with the consent of local and tribal governments, 
        grant funds combined with other items, services, or activities 
        having a total value of not less than 80 percent of the amount 
        of the grant.
        ``(2) Certifications regarding distribution of grant funds to 
    local governments.--A State shall certify to the Administrator that 
    the State has made the distribution to local and tribal governments 
    required under paragraph (1).
        ``(3) Extension of period.--The Governor of a State may request 
    in writing that the Administrator extend the period under paragraph 
    (1) for an additional period of time. The Administrator may approve 
    such a request if the Administrator determines that the resulting 
    delay in providing grant funding to the local and tribal 
    governments is necessary to promote effective investments to 
    prevent, prepare for, protect against, or respond to acts of 
    terrorism.
        ``(4) Exception.--Paragraph (1) shall not apply to the District 
    of Columbia, the Commonwealth of Puerto Rico, American Samoa, the 
    Commonwealth of the Northern Mariana Islands, Guam, or the Virgin 
    Islands.
        ``(5) Direct funding.--If a State fails to make the 
    distribution to local or tribal governments required under 
    paragraph (1) in a timely fashion, a local or tribal government 
    entitled to receive such distribution may petition the 
    Administrator to request that grant funds be provided directly to 
    the local or tribal government.
    ``(d) Multistate Applications.--
        ``(1) In general.--Instead of, or in addition to, any 
    application for a grant under subsection (b), 2 or more States may 
    submit an application for a grant under this section in support of 
    multistate efforts to prevent, prepare for, protect against, and 
    respond to acts of terrorism.
        ``(2) Administration of grant.--If a group of States applies 
    for a grant under this section, such States shall submit to the 
    Administrator at the time of application a plan describing--
            ``(A) the division of responsibilities for administering 
        the grant; and
            ``(B) the distribution of funding among the States that are 
        parties to the application.
    ``(e) Minimum Allocation.--
        ``(1) In general.--In allocating funds under this section, the 
    Administrator shall ensure that--
            ``(A) except as provided in subparagraph (B), each State 
        receives, from the funds appropriated for the State Homeland 
        Security Grant Program established under this section, not less 
        than an amount equal to--
                ``(i) 0.375 percent of the total funds appropriated for 
            grants under this section and section 2003 in fiscal year 
            2008;
                ``(ii) 0.365 percent of the total funds appropriated 
            for grants under this section and section 2003 in fiscal 
            year 2009;
                ``(iii) 0.36 percent of the total funds appropriated 
            for grants under this section and section 2003 in fiscal 
            year 2010;
                ``(iv) 0.355 percent of the total funds appropriated 
            for grants under this section and section 2003 in fiscal 
            year 2011; and
                ``(v) 0.35 percent of the total funds appropriated for 
            grants under this section and section 2003 in fiscal year 
            2012 and in each fiscal year thereafter; and
            ``(B) for each fiscal year, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, Guam, and the 
        Virgin Islands each receive, from the funds appropriated for 
        the State Homeland Security Grant Program established under 
        this section, not less than an amount equal to 0.08 percent of 
        the total funds appropriated for grants under this section and 
        section 2003.
        ``(2) Effect of multistate award on state minimum.--Any portion 
    of a multistate award provided to a State under subsection (d) 
    shall be considered in calculating the minimum State allocation 
    under this subsection.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
        ``(1) $950,000,000 for each of fiscal years 2008 through 2012; 
    and
        ``(2) such sums as are necessary for fiscal year 2013, and each 
    fiscal year thereafter.
``SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.
    ``(a) In General.--Notwithstanding section 2004(b), the 
Administrator may award grants to directly eligible tribes under 
section 2004.
    ``(b) Tribal Applications.--A directly eligible tribe may apply for 
a grant under section 2004 by submitting an application to the 
Administrator that includes, as appropriate, the information required 
for an application by a State under section 2004(b).
    ``(c) Consistency With State Plans.--
        ``(1) In general.--To ensure consistency with any applicable 
    State homeland security plan, a directly eligible tribe applying 
    for a grant under section 2004 shall provide a copy of its 
    application to each State within which any part of the tribe is 
    located for review before the tribe submits such application to the 
    Department.
        ``(2) Opportunity for comment.--If the Governor of a 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, not later than 30 
    days after the date of receipt of that application the Governor 
    shall--
            ``(A) notify the Administrator, in writing, of that fact; 
        and
            ``(B) provide an explanation of the reason for not 
        supporting the application.
    ``(d) Final Authority.--The Administrator shall have final 
authority to approve any application of a directly eligible tribe. The 
Administrator shall notify each State within the boundaries of which 
any part of a directly eligible tribe is located of the approval of an 
application by the tribe.
    ``(e) Prioritization.--The Administrator shall allocate funds to 
directly eligible tribes in accordance with the factors applicable to 
allocating funds among States under section 2007.
    ``(f) Distribution of Awards to Directly Eligible Tribes.--If the 
Administrator awards funds to a directly eligible tribe under this 
section, the Administrator shall distribute the grant funds directly to 
the tribe and not through any State.
    ``(g) Minimum Allocation.--
        ``(1) In general.--In allocating funds under this section, the 
    Administrator shall ensure that, for each fiscal year, directly 
    eligible tribes collectively receive, from the funds appropriated 
    for the State Homeland Security Grant Program established under 
    section 2004, not less than an amount equal to 0.1 percent of the 
    total funds appropriated for grants under sections 2003 and 2004.
        ``(2) Exception.--This subsection shall not apply in any fiscal 
    year in which the Administrator--
            ``(A) receives fewer than 5 applications under this 
        section; or
            ``(B) does not approve at least 2 applications under this 
        section.
    ``(h) Tribal Liaison.--A directly eligible tribe applying for a 
grant under section 2004 shall designate an individual to serve as a 
tribal liaison with the Department and other Federal, State, local, and 
regional government officials concerning preventing, preparing for, 
protecting against, and responding to acts of terrorism.
    ``(i) Eligibility for Other Funds.--A directly eligible tribe that 
receives a grant under section 2004 may 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 and from any high-risk urban 
area of which it is a part, consistent with the homeland security plan 
of the State or high-risk urban area.
    ``(j) State Obligations.--
        ``(1) In general.--States shall be responsible for allocating 
    grant funds received under section 2004 to tribal governments in 
    order to help those tribal communities achieve target capabilities 
    not achieved through grants to directly eligible tribes.
        ``(2) Distribution of grant funds.--With respect to a grant to 
    a State under section 2004, an Indian tribe shall be eligible for 
    funding directly from that State, and shall not be required to seek 
    funding from any local government.
        ``(3) Imposition of requirements.--A State may not impose 
    unreasonable or unduly burdensome requirements on an Indian tribe 
    as a condition of providing the Indian tribe with grant funds or 
    resources under section 2004.
    ``(k) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of an Indian tribe that receives 
funds under this subtitle.
``SEC. 2006. TERRORISM PREVENTION.
    ``(a) Law Enforcement Terrorism Prevention Program.--
        ``(1) In general.--The Administrator shall ensure that not less 
    than 25 percent of the total combined funds appropriated for grants 
    under sections 2003 and 2004 is used for law enforcement terrorism 
    prevention activities.
        ``(2) Law enforcement terrorism prevention activities.--Law 
    enforcement terrorism prevention activities include--
            ``(A) information sharing and analysis;
            ``(B) target hardening;
            ``(C) threat recognition;
            ``(D) terrorist interdiction;
            ``(E) overtime expenses consistent with a State homeland 
        security plan, including for the provision of enhanced law 
        enforcement operations in support of Federal agencies, 
        including for increased border security and border crossing 
        enforcement;
            ``(F) establishing, enhancing, and staffing with 
        appropriately qualified personnel State, local, and regional 
        fusion centers that comply with the guidelines established 
        under section 210A(i);
            ``(G) paying salaries and benefits for personnel, including 
        individuals employed by the grant recipient on the date of the 
        relevant grant application, to serve as qualified intelligence 
        analysts;
            ``(H) any other activity permitted under the Fiscal Year 
        2007 Program Guidance of the Department for the Law Enforcement 
        Terrorism Prevention Program; and
            ``(I) any other terrorism prevention activity authorized by 
        the Administrator.
        ``(3) Participation of underrepresented communities in fusion 
    centers.--The Administrator shall ensure that grant funds described 
    in paragraph (1) are used to support the participation, as 
    appropriate, of law enforcement and other emergency response 
    providers from rural and other underrepresented communities at risk 
    from acts of terrorism in fusion centers.
    ``(b) Office for State and Local Law Enforcement.--
        ``(1) Establishment.--There is established in the Policy 
    Directorate of the Department an Office for State and Local Law 
    Enforcement, which shall be headed by an Assistant Secretary for 
    State and Local Law Enforcement.
        ``(2) Qualifications.--The Assistant Secretary for State and 
    Local Law Enforcement shall have an appropriate background with 
    experience in law enforcement, intelligence, and other 
    counterterrorism functions.
        ``(3) Assignment of personnel.--The Secretary shall assign to 
    the Office for State and Local Law Enforcement permanent staff and, 
    as appropriate and consistent with sections 506(c)(2), 821, and 
    888(d), other appropriate personnel detailed from other components 
    of the Department to carry out the responsibilities under this 
    subsection.
        ``(4) Responsibilities.--The Assistant Secretary for State and 
    Local Law Enforcement shall--
            ``(A) lead the coordination of Department-wide policies 
        relating to the role of State and local law enforcement in 
        preventing, preparing for, protecting against, and responding 
        to natural disasters, acts of terrorism, and other man-made 
        disasters within the United States;
            ``(B) serve as a liaison between State, local, and tribal 
        law enforcement agencies and the Department;
            ``(C) coordinate with the Office of Intelligence and 
        Analysis to ensure the intelligence and information sharing 
        requirements of State, local, and tribal law enforcement 
        agencies are being addressed;
            ``(D) work with the Administrator to ensure that law 
        enforcement and terrorism-focused grants to State, local, and 
        tribal government agencies, including grants under sections 
        2003 and 2004, the Commercial Equipment Direct Assistance 
        Program, and other grants administered by the Department to 
        support fusion centers and law enforcement-oriented programs, 
        are appropriately focused on terrorism prevention activities;
            ``(E) coordinate with the Science and Technology 
        Directorate, 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; and
            ``(F) conduct, jointly with the Administrator, a study to 
        determine the efficacy and feasibility of establishing 
        specialized law enforcement deployment teams to assist State, 
        local, and tribal governments in responding to natural 
        disasters, acts of terrorism, or other man-made disasters and 
        report on the results of that study to the appropriate 
        committees of Congress.
        ``(5) Rule of construction.--Nothing in this subsection shall 
    be construed to diminish, supercede, or replace the 
    responsibilities, authorities, or role of the Administrator.
``SEC. 2007. PRIORITIZATION.
    ``(a) In General.--In allocating funds among States and high-risk 
urban areas applying for grants under section 2003 or 2004, the 
Administrator shall consider, for each State or high-risk urban area--
        ``(1) its relative threat, vulnerability, and consequences from 
    acts of terrorism, including consideration of--
            ``(A) its population, including appropriate consideration 
        of military, tourist, and commuter populations;
            ``(B) its population density;
            ``(C) its history of threats, including whether it has been 
        the target of a prior act of terrorism;
            ``(D) its degree of threat, vulnerability, and consequences 
        related to critical infrastructure (for all critical 
        infrastructure sectors) or key resources identified by the 
        Administrator or the State homeland security plan, including 
        threats, vulnerabilities, and consequences related to critical 
        infrastructure or key resources in nearby jurisdictions;
            ``(E) the most current threat assessments available to the 
        Department;
            ``(F) whether the State has, or the high-risk urban area is 
        located at or near, an international border;
            ``(G) whether it has a coastline bordering an ocean 
        (including the Gulf of Mexico) or international waters;
            ``(H) its likely need to respond to acts of terrorism 
        occurring in nearby jurisdictions;
            ``(I) the extent to which it has unmet target capabilities;
            ``(J) in the case of a high-risk urban area, the extent to 
        which that high-risk urban area includes--
                ``(i) those incorporated municipalities, counties, 
            parishes, and Indian tribes within the relevant eligible 
            metropolitan area, the inclusion of which will enhance 
            regional efforts to prevent, prepare for, protect against, 
            and respond to acts of terrorism; and
                ``(ii) other local and tribal governments in the 
            surrounding area that are likely to be called upon to 
            respond to acts of terrorism within the high-risk urban 
            area; and
            ``(K) such other factors as are specified in writing by the 
        Administrator; and
        ``(2) the anticipated effectiveness of the proposed use of the 
    grant by the State or high-risk urban area in increasing the 
    ability of that State or high-risk urban area to prevent, prepare 
    for, protect against, and respond to acts of terrorism, to meet its 
    target capabilities, and to otherwise reduce the overall risk to 
    the high-risk urban area, the State, or the Nation.
    ``(b) Types of Threat.--In assessing threat under this section, the 
Administrator shall consider the following types of threat to critical 
infrastructure sectors and to populations in all areas of the United 
States, urban and rural:
        ``(1) Biological.
        ``(2) Chemical.
        ``(3) Cyber.
        ``(4) Explosives.
        ``(5) Incendiary.
        ``(6) Nuclear.
        ``(7) Radiological.
        ``(8) Suicide bombers.
        ``(9) Such other types of threat determined relevant by the 
    Administrator.
``SEC. 2008. USE OF FUNDS.
    ``(a) Permitted Uses.--Grants awarded under section 2003 or 2004 
may be used to achieve target capabilities related to preventing, 
preparing for, protecting against, and responding to acts of terrorism, 
consistent with a State homeland security plan and relevant local, 
tribal, and regional homeland security plans, through--
        ``(1) developing and enhancing homeland security, emergency 
    management, or other relevant plans, assessments, or mutual aid 
    agreements;
        ``(2) designing, conducting, and evaluating training and 
    exercises, including training and exercises conducted under section 
    512 of this Act and section 648 of the Post-Katrina Emergency 
    Management Reform Act of 2006 (6 U.S.C. 748);
        ``(3) protecting a system or asset included on the prioritized 
    critical infrastructure list established under section 210E(a)(2);
        ``(4) purchasing, upgrading, storing, or maintaining equipment, 
    including computer hardware and software;
        ``(5) ensuring operability and achieving interoperability of 
    emergency communications;
        ``(6) 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;
        ``(7) establishing, enhancing, and staffing with appropriately 
    qualified personnel State, local, and regional fusion centers that 
    comply with the guidelines established under section 210A(i);
        ``(8) enhancing school preparedness;
        ``(9) supporting public safety answering points;
        ``(10) paying salaries and benefits for personnel, including 
    individuals employed by the grant recipient on the date of the 
    relevant grant application, to serve as qualified intelligence 
    analysts;
        ``(11) paying expenses directly related to administration of 
    the grant, except that such expenses may not exceed 3 percent of 
    the amount of the grant;
        ``(12) any activity permitted under the Fiscal Year 2007 
    Program Guidance of the Department for the State Homeland Security 
    Grant Program, the Urban Area Security Initiative (including 
    activities permitted under the full-time counterterrorism staffing 
    pilot), or the Law Enforcement Terrorism Prevention Program; and
        ``(13) any other appropriate activity, as determined by the 
    Administrator.
    ``(b) Limitations on Use of Funds.--
        ``(1) In general.--Funds provided under section 2003 or 2004 
    may not be used--
            ``(A) to supplant State or local funds, except that nothing 
        in this paragraph shall prohibit the use of grant funds 
        provided to a State or high-risk urban area for otherwise 
        permissible uses under subsection (a) on the basis that a State 
        or high-risk urban area has previously used State or local 
        funds to support the same or similar uses; or
            ``(B) for any State or local government cost-sharing 
        contribution.
        ``(2) Personnel.--
            ``(A) In general.--Not more than 50 percent of the amount 
        awarded to a grant recipient under section 2003 or 2004 in any 
        fiscal year may be used to pay for personnel, including 
        overtime and backfill costs, in support of the permitted uses 
        under subsection (a).
            ``(B) Waiver.--At the request of the recipient of a grant 
        under section 2003 or 2004, the Administrator may grant a 
        waiver of the limitation under subparagraph (A).
        ``(3) Construction.--
            ``(A) In general.--A grant awarded under section 2003 or 
        2004 may not be used to acquire land or to construct buildings 
        or other physical facilities.
            ``(B) Exceptions.--
                ``(i) In general.--Notwithstanding subparagraph (A), 
            nothing in this paragraph shall prohibit the use of a grant 
            awarded under section 2003 or 2004 to achieve target 
            capabilities related to preventing, preparing for, 
            protecting against, or responding to acts of terrorism, 
            including through the alteration or remodeling of existing 
            buildings for the purpose of making such buildings secure 
            against acts of terrorism.
                ``(ii) Requirements for exception.--No grant awarded 
            under section 2003 or 2004 may be used for a purpose 
            described in clause (i) unless--

                    ``(I) specifically approved by the Administrator;
                    ``(II) any construction work occurs under terms and 
                conditions consistent with the requirements under 
                section 611(j)(9) of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 
                5196(j)(9)); and
                    ``(III) the amount allocated for purposes under 
                clause (i) does not exceed the greater of $1,000,000 or 
                15 percent of the grant award.

        ``(4) Recreation.--Grants awarded under this subtitle may not 
    be used for recreational or social purposes.
    ``(c) Multiple-Purpose Funds.--Nothing in this subtitle 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 target capabilities related to 
preventing, preparing for, protecting against, or responding to acts of 
terrorism.
    ``(d) Reimbursement of Costs.--
        ``(1) Paid-on-call or volunteer reimbursement.--In addition to 
    the activities described in subsection (a), a grant under section 
    2003 or 2004 may be used to provide a reasonable stipend to paid-
    on-call or volunteer emergency response providers who are not 
    otherwise compensated for travel to or participation in training or 
    exercises related to the purposes of this subtitle. Any such 
    reimbursement shall not be considered compensation for purposes of 
    rendering an emergency response provider an employee under the Fair 
    Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
        ``(2) Performance of federal duty.--An applicant for a grant 
    under section 2003 or 2004 may petition the Administrator to use 
    the funds from its grants under those sections for the 
    reimbursement of the cost of any activity relating to preventing, 
    preparing for, protecting against, or responding to acts of 
    terrorism that is a Federal duty and usually performed by a Federal 
    agency, and that is being performed by a State or local government 
    under agreement with a Federal agency.
    ``(e) Flexibility in Unspent Homeland Security Grant Funds.--Upon 
request by the recipient of a grant under section 2003 or 2004, the 
Administrator may authorize the grant recipient to transfer all or part 
of the grant funds from uses specified in the grant agreement to other 
uses authorized under this section, if the Administrator determines 
that such transfer is in the interests of homeland security.
    ``(f) Equipment Standards.--If an applicant for a grant under 
section 2003 or 2004 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.

                  ``Subtitle B--Grants Administration

``SEC. 2021. ADMINISTRATION AND COORDINATION.
    ``(a) Regional Coordination.--The Administrator shall ensure that--
        ``(1) all recipients of grants administered by the Department 
    to prevent, prepare for, protect against, or respond to natural 
    disasters, acts of terrorism, or other man-made disasters 
    (excluding assistance provided under section 203, title IV, or 
    title V of the Robert T. Stafford Disaster Relief and Emergency 
    Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) 
    coordinate, as appropriate, their prevention, preparedness, and 
    protection efforts with neighboring State, local, and tribal 
    governments; and
        ``(2) all high-risk urban areas and other recipients of grants 
    administered by the Department to prevent, prepare for, protect 
    against, or respond to natural disasters, acts of terrorism, or 
    other man-made disasters (excluding assistance provided under 
    section 203, title IV, or title V of the Robert T. Stafford 
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 
    et seq., and 5191 et seq.)) that include or substantially affect 
    parts or all of more than 1 State coordinate, as appropriate, 
    across State boundaries, including, where appropriate, through the 
    use of regional working groups and requirements for regional plans.
    ``(b) Planning Committees.--
        ``(1) In general.--Any State or high-risk urban area receiving 
    a grant 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 for grants under sections 
    2003 and 2004.
        ``(2) Composition.--
            ``(A) In general.--The planning committee shall include 
        representatives of significant stakeholders, including--
                ``(i) local and tribal government officials; and
                ``(ii) emergency response providers, which shall 
            include representatives of the fire service, law 
            enforcement, emergency medical response, and emergency 
            managers.
            ``(B) Geographic representation.--The members of the 
        planning committee shall be a representative group of 
        individuals from the counties, cities, towns, and Indian tribes 
        within the State or high-risk urban area, including, as 
        appropriate, representatives of rural, high-population, and 
        high-threat jurisdictions.
        ``(3) Existing planning committees.--Nothing in this subsection 
    may be construed to require that any State or high-risk urban area 
    create a planning committee if that State or high-risk urban area 
    has established and uses a multijurisdictional planning committee 
    or commission that meets the requirements of this subsection.
    ``(c) Interagency Coordination.--
        ``(1) In general.--Not later than 12 months after the date of 
    enactment of the Implementing Recommendations of the 9/11 
    Commission Act of 2007, the Secretary (acting through the 
    Administrator), the Attorney General, the Secretary of Health and 
    Human Services, and the heads of other agencies providing 
    assistance to State, local, and tribal governments for preventing, 
    preparing for, protecting against, and responding to natural 
    disasters, acts of terrorism, and other man-made disasters, shall 
    jointly--
            ``(A) compile a comprehensive list of Federal grant 
        programs for State, local, and tribal governments for 
        preventing, preparing for, protecting against, and responding 
        to natural disasters, acts of terrorism, and other man-made 
        disasters;
            ``(B) compile the planning, reporting, application, and 
        other requirements and guidance for the grant programs 
        described in subparagraph (A);
            ``(C) develop recommendations, as appropriate, to--
                ``(i) eliminate redundant and duplicative requirements 
            for State, local, and tribal governments, including onerous 
            application and ongoing reporting requirements;
                ``(ii) ensure accountability of the programs to the 
            intended purposes of such programs;
                ``(iii) coordinate allocation of grant funds to avoid 
            duplicative or inconsistent purchases by the recipients;
                ``(iv) make the programs more accessible and user 
            friendly to applicants; and
                ``(v) ensure the programs are coordinated to enhance 
            the overall preparedness of the Nation;
            ``(D) submit the information and recommendations under 
        subparagraphs (A), (B), and (C) to the appropriate committees 
        of Congress; and
            ``(E) provide the appropriate committees of Congress, the 
        Comptroller General, and any officer or employee of the 
        Government Accountability Office with full access to any 
        information collected or reviewed in preparing the submission 
        under subparagraph (D).
        ``(2) Scope of task.--Nothing in this subsection shall 
    authorize the elimination, or the alteration of the purposes, as 
    delineated by statute, regulation, or guidance, of any grant 
    program that exists on the date of the enactment of the 
    Implementing Recommendations of the 9/11 Commission Act of 2007, 
    nor authorize the review or preparation of proposals on the 
    elimination, or the alteration of such purposes, of any such grant 
    program.
    ``(d) Sense of Congress.--It is the sense of Congress that, in 
order to ensure that the Nation is most effectively able to prevent, 
prepare for, protect against, and respond to all hazards, including 
natural disasters, acts of terrorism, and other man-made disasters--
        ``(1) the Department should administer a coherent and 
    coordinated system of both terrorism-focused and all-hazards 
    grants;
        ``(2) there should be a continuing and appropriate balance 
    between funding for terrorism-focused and all-hazards preparedness, 
    as reflected in the authorizations of appropriations for grants 
    under the amendments made by titles I and II, as applicable, of the 
    Implementing Recommendations of the 9/11 Commission Act of 2007; 
    and
        ``(3) with respect to terrorism-focused grants, it is necessary 
    to ensure both that the target capabilities of the highest risk 
    areas are achieved quickly and that basic levels of preparedness, 
    as measured by the attainment of target capabilities, are achieved 
    nationwide.
``SEC. 2022. ACCOUNTABILITY.
    ``(a) Audits of Grant Programs.--
        ``(1) Compliance requirements.--
            ``(A) Audit requirement.--Each recipient of a grant 
        administered by the Department that expends not less than 
        $500,000 in Federal funds during its fiscal year shall submit 
        to the Administrator a copy of the organization-wide financial 
        and compliance audit report required under chapter 75 of title 
        31, United States Code.
            ``(B) Access to information.--The Department and each 
        recipient of a grant administered by the Department shall 
        provide the Comptroller General and any officer or employee of 
        the Government Accountability Office with full access to 
        information regarding the activities carried out related to any 
        grant administered by the Department.
            ``(C) Improper payments.--Consistent with the Improper 
        Payments Information Act of 2002 (31 U.S.C. 3321 note), for 
        each of the grant programs under sections 2003 and 2004 of this 
        title and section 662 of the Post-Katrina Emergency Management 
        Reform Act of 2006 (6 U.S.C. 762), the Administrator shall 
        specify policies and procedures for--
                ``(i) identifying activities funded under any such 
            grant program that are susceptible to significant improper 
            payments; and
                ``(ii) reporting any improper payments to the 
            Department.
        ``(2) Agency program review.--
            ``(A) In general.--Not less than once every 2 years, the 
        Administrator shall conduct, for each State and high-risk urban 
        area receiving a grant administered by the Department, a 
        programmatic and financial review of all grants awarded by the 
        Department to prevent, prepare for, protect against, or respond 
        to natural disasters, acts of terrorism, or other man-made 
        disasters, excluding assistance provided under section 203, 
        title IV, or title V of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 
        5191 et seq.).
            ``(B) Contents.--Each review under subparagraph (A) shall, 
        at a minimum, examine--
                ``(i) whether the funds awarded were used in accordance 
            with the law, program guidance, and State homeland security 
            plans or other applicable plans; and
                ``(ii) the extent to which funds awarded enhanced the 
            ability of a grantee to prevent, prepare for, protect 
            against, and respond to natural disasters, acts of 
            terrorism, and other man-made disasters.
            ``(C) Authorization of appropriations.--In addition to any 
        other amounts authorized to be appropriated to the 
        Administrator, there are authorized to be appropriated to the 
        Administrator for reviews under this paragraph--
                ``(i) $8,000,000 for each of fiscal years 2008, 2009, 
            and 2010; and
                ``(ii) such sums as are necessary for fiscal year 2011, 
            and each fiscal year thereafter.
        ``(3) Office of inspector general performance audits.--
            ``(A) In general.--In order to ensure the effective and 
        appropriate use of grants administered by the Department, the 
        Inspector General of the Department each year shall conduct 
        audits of a sample of States and high-risk urban areas that 
        receive grants administered by the Department to prevent, 
        prepare for, protect against, or respond to natural disasters, 
        acts of terrorism, or other man-made disasters, excluding 
        assistance provided under section 203, title IV, or title V of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.).
            ``(B) Determining samples.--The sample selected for audits 
        under subparagraph (A) shall be--
                ``(i) of an appropriate size to--

                    ``(I) assess the overall integrity of the grant 
                programs described in subparagraph (A); and
                    ``(II) act as a deterrent to financial 
                mismanagement; and

                ``(ii) selected based on--

                    ``(I) the size of the grants awarded to the 
                recipient;
                    ``(II) the past grant management performance of the 
                recipient;
                    ``(III) concerns identified by the Administrator, 
                including referrals from the Administrator; and
                    ``(IV) such other factors as determined by the 
                Inspector General of the Department.

            ``(C) Comprehensive auditing.--During the 7-year period 
        beginning on the date of enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, the 
        Inspector General of the Department shall conduct not fewer 
        than 1 audit of each State that receives funds under a grant 
        under section 2003 or 2004.
            ``(D) Report by the inspector general.--
                ``(i) In general.--The Inspector General of the 
            Department shall submit to the appropriate committees of 
            Congress an annual consolidated report regarding the audits 
            completed during the fiscal year before the date of that 
            report.
                ``(ii) Contents.--Each report submitted under clause 
            (i) shall describe, for the fiscal year before the date of 
            that report--

                    ``(I) the audits conducted under subparagraph (A);
                    ``(II) the findings of the Inspector General with 
                respect to the audits conducted under subparagraph (A);
                    ``(III) whether the funds awarded were used in 
                accordance with the law, program guidance, and State 
                homeland security plans and other applicable plans; and
                    ``(IV) the extent to which funds awarded enhanced 
                the ability of a grantee to prevent, prepare for, 
                protect against, and respond to natural disasters, acts 
                of terrorism and other man-made disasters.

                ``(iii) Deadline.--For each year, the report required 
            under clause (i) shall be submitted not later than December 
            31.
            ``(E) Public availability on website.--The Inspector 
        General of the Department shall make each audit conducted under 
        subparagraph (A) available on the website of the Inspector 
        General, subject to redaction as the Inspector General 
        determines necessary to protect classified and other sensitive 
        information.
            ``(F) Provision of information to administrator.--The 
        Inspector General of the Department shall provide to the 
        Administrator any findings and recommendations from audits 
        conducted under subparagraph (A).
            ``(G) Evaluation of grants management and oversight.--Not 
        later than 1 year after the date of enactment of the 
        Implementing Recommendations of the 9/11 Commission Act of 
        2007, the Inspector General of the Department shall review and 
        evaluate the grants management and oversight practices of the 
        Federal Emergency Management Agency, including assessment of 
        and recommendations relating to--
                ``(i) the skills, resources, and capabilities of the 
            workforce; and
                ``(ii) any additional resources and staff necessary to 
            carry out such management and oversight.
            ``(H) Authorization of appropriations.--In addition to any 
        other amounts authorized to be appropriated to the Inspector 
        General of the Department, there are authorized to be 
        appropriated to the Inspector General of the Department for 
        audits under subparagraph (A)--
                ``(i) $8,500,000 for each of fiscal years 2008, 2009, 
            and 2010; and
                ``(ii) such sums as are necessary for fiscal year 2011, 
            and each fiscal year thereafter.
        ``(4) Performance assessment.--In order to ensure that States 
    and high-risk urban areas are using grants administered by the 
    Department appropriately to meet target capabilities and 
    preparedness priorities, the Administrator shall--
            ``(A) ensure that any such State or high-risk urban area 
        conducts or participates in exercises under section 648(b) of 
        the Post-Katrina Emergency Management Reform Act of 2006 (6 
        U.S.C. 748(b));
            ``(B) use performance metrics in accordance with the 
        comprehensive assessment system under section 649 of the Post-
        Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 749) 
        and ensure that any such State or high-risk urban area 
        regularly tests its progress against such metrics through the 
        exercises required under subparagraph (A);
            ``(C) use the remedial action management program under 
        section 650 of the Post-Katrina Emergency Management Reform Act 
        of 2006 (6 U.S.C. 750); and
            ``(D) ensure that each State receiving a grant administered 
        by the Department submits a report to the Administrator on its 
        level of preparedness, as required by section 652(c) of the 
        Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
        752(c)).
        ``(5) Consideration of assessments.--In conducting program 
    reviews and performance audits under paragraphs (2) and (3), the 
    Administrator and the Inspector General of the Department shall 
    take into account the performance assessment elements required 
    under paragraph (4).
        ``(6) Recovery audits.--The Administrator 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 not less than $1,000,000, if the 
    Administrator finds that--
            ``(A) a financial audit has identified improper payments 
        that can be recouped; and
            ``(B) it is cost effective to conduct a recovery audit to 
        recapture the targeted funds.
        ``(7) Remedies for noncompliance.--
            ``(A) In general.--If, as a result of a review or audit 
        under this subsection or otherwise, the Administrator finds 
        that a recipient of a grant under this title has failed to 
        substantially comply with any provision of law or with any 
        regulations or guidelines of the Department regarding eligible 
        expenditures, the Administrator shall--
                ``(i) reduce the amount of payment of grant funds to 
            the recipient by an amount equal to the amount of grants 
            funds that were not properly expended by the recipient;
                ``(ii) limit the use of grant funds to programs, 
            projects, or activities not affected by the failure to 
            comply;
                ``(iii) refer the matter to the Inspector General of 
            the Department for further investigation;
                ``(iv) terminate any payment of grant funds to be made 
            to the recipient; or
                ``(v) take such other action as the Administrator 
            determines appropriate.
            ``(B) Duration of penalty.--The Administrator shall apply 
        an appropriate penalty under subparagraph (A) until such time 
        as the Administrator determines that the grant recipient is in 
        full compliance with the law and with applicable guidelines or 
        regulations of the Department.
    ``(b) Reports by Grant Recipients.--
        ``(1) Quarterly reports on homeland security spending.--
            ``(A) In general.--As a condition of receiving a grant 
        under section 2003 or 2004, a State, high-risk urban area, or 
        directly eligible tribe shall, not later than 30 days after the 
        end of each Federal fiscal quarter, submit to the Administrator 
        a report on activities performed using grant funds during that 
        fiscal quarter.
            ``(B) Contents.--Each report submitted under subparagraph 
        (A) shall at a minimum include, for the applicable State, high-
        risk urban area, or directly eligible tribe, and each 
        subgrantee thereof--
                ``(i) the amount obligated to that recipient under 
            section 2003 or 2004 in that quarter;
                ``(ii) the amount of funds received and expended under 
            section 2003 or 2004 by that recipient in that quarter; and
                ``(iii) a summary description of expenditures made by 
            that recipient using such funds, and the purposes for which 
            such expenditures were made.
            ``(C) End-of-year report.--The report submitted under 
        subparagraph (A) by a State, high-risk urban area, or directly 
        eligible tribe relating to the last quarter of any fiscal year 
        shall include--
                ``(i) the amount and date of receipt of all funds 
            received under the grant during that fiscal year;
                ``(ii) the identity of, and amount provided to, any 
            subgrantee for that grant during that fiscal year;
                ``(iii) the amount and the dates of disbursements of 
            all such funds expended in compliance with section 
            2021(a)(1) or under mutual aid agreements or other sharing 
            arrangements that apply within the State, high-risk urban 
            area, or directly eligible tribe, as applicable, during 
            that fiscal year; and
                ``(iv) how the funds were used by each recipient or 
            subgrantee during that fiscal year.
        ``(2) Annual report.--Any State applying for a grant under 
    section 2004 shall submit to the Administrator annually a State 
    preparedness report, as required by section 652(c) of the Post-
    Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)).
    ``(c) Reports by the Administrator.--
        ``(1) Federal preparedness report.--The Administrator shall 
    submit to the appropriate committees of Congress annually the 
    Federal Preparedness Report required under section 652(a) of the 
    Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
    752(a)).
        ``(2) Risk assessment.--
            ``(A) In general.--For each fiscal year, the Administrator 
        shall provide to the appropriate committees of Congress a 
        detailed and comprehensive explanation of the methodologies 
        used to calculate risk and compute the allocation of funds for 
        grants administered by the Department, including--
                ``(i) all variables included in the risk assessment and 
            the weights assigned to each such variable;
                ``(ii) an explanation of how each such variable, as 
            weighted, correlates to risk, and the basis for concluding 
            there is such a correlation; and
                ``(iii) any change in the methodologies from the 
            previous fiscal year, including changes in variables 
            considered, weighting of those variables, and computational 
            methods.
            ``(B) Classified annex.--The information required under 
        subparagraph (A) shall be provided in unclassified form to the 
        greatest extent possible, and may include a classified annex if 
        necessary.
            ``(C) Deadline.--For each fiscal year, the information 
        required under subparagraph (A) shall be provided on the 
        earlier of--
                ``(i) October 31; or
                ``(ii) 30 days before the issuance of any program 
            guidance for grants administered by the Department.
        ``(3) Tribal funding report.--At the end of each fiscal year, 
    the Administrator shall submit to the appropriate committees of 
    Congress a report setting forth the amount of funding provided 
    during that fiscal year to Indian tribes under any grant program 
    administered by the Department, whether provided directly or 
    through a subgrant from a State or high-risk urban area.''.
    SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.
    (a) National Advisory Council.--Section 508(b) of the Homeland 
Security Act of 2002 (6 U.S.C. 318(b)) is amended--
        (1) by striking ``The National Advisory'' the first place that 
    term appears and inserting the following:
        ``(1) In general.--The National Advisory''; and
        (2) by adding at the end the following:
        ``(2) Consultation on grants.--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 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, as appropriate.''.
    (b) Evacuation Planning.--Section 512(b)(5)(A) of the Homeland 
Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is amended by inserting 
``, including the elderly'' after ``needs''.
    SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGEMENT 
      REFORM ACT OF 2006.
    (a) Funding Efficacy.--Section 652(a)(2) of the Post-Katrina 
Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)(2)) is 
amended--
        (1) in subparagraph (C), by striking ``and'' at the end;
        (2) in subparagraph (D), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
            ``(E) an evaluation of the extent to which grants 
        administered by the Department, including grants under title XX 
        of the Homeland Security Act of 2002--
                ``(i) have contributed to the progress of State, local, 
            and tribal governments in achieving target capabilities; 
            and
                ``(ii) have led to the reduction of risk from natural 
            disasters, acts of terrorism, or other man-made disasters 
            nationally and in State, local, and tribal 
            jurisdictions.''.
    (b) State Preparedness Report.--Section 652(c)(2)(D) of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)(2)(D)) 
is amended by striking ``an assessment of resource needs'' and 
inserting ``a discussion of the extent to which target capabilities 
identified in the applicable State homeland security plan and other 
applicable plans remain unmet and an assessment of resources needed''.
    SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.
    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended--
        (1) by redesignating title XVIII, as added by the SAFE Port Act 
    (Public Law 109-347; 120 Stat. 1884), as title XIX;
        (2) by redesignating sections 1801 through 1806, as added by 
    the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as sections 
    1901 through 1906, respectively;
        (3) in section 1904(a), as so redesignated, by striking 
    ``section 1802'' and inserting ``section 1902'';
        (4) in section 1906, as so redesignated, by striking ``section 
    1802(a)'' each place that term appears and inserting ``section 
    1902(a)''; and
        (5) in the table of contents in section 1(b), by striking the 
    items relating to title XVIII and sections 1801 through 1806, as 
    added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), 
    and inserting the following:

             ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

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

                  ``TITLE XX--HOMELAND SECURITY GRANTS

``Sec. 2001. Definitions.

        ``Subtitle A--Grants to States and High-Risk Urban Areas

``Sec. 2002. Homeland Security Grant Programs.
``Sec. 2003. Urban Area Security Initiative.
``Sec. 2004. State Homeland Security Grant Program.
``Sec. 2005. Grants to directly eligible tribes.
``Sec. 2006. Terrorism prevention.
``Sec. 2007. Prioritization.
``Sec. 2008. Use of funds.

                   ``Subtitle B--Grants Administration

``Sec. 2021. Administration and coordination.
``Sec. 2022. Accountability.''.

           TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

    SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.
    Section 662 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 762) is amended to read as follows:
    ``SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
    ``(a) Definitions.--In this section--
        ``(1) the term `program' means the emergency management 
    performance grants program described in subsection (b); and
        ``(2) the term `State' 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).
    ``(b) In General.--The Administrator of the Federal Emergency 
Management Agency shall continue implementation of an emergency 
management performance grants program, to make grants to States to 
assist State, local, and tribal governments in preparing for all 
hazards, as authorized by the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
    ``(c) Federal Share.--Except as otherwise specifically provided by 
title VI of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Federal share of the cost 
of an activity carried out using funds made available under the program 
shall not exceed 50 percent.
    ``(d) Apportionment.--For fiscal year 2008, and each fiscal year 
thereafter, the Administrator shall apportion the amounts appropriated 
to carry out the program among the States as follows:
        ``(1) Baseline amount.--The Administrator shall first apportion 
    0.25 percent of such amounts to each of American Samoa, the 
    Commonwealth of the Northern Mariana Islands, Guam, and the Virgin 
    Islands and 0.75 percent of such amounts to each of the remaining 
    States.
        ``(2) Remainder.--The Administrator shall apportion the 
    remainder of such amounts in the ratio that--
            ``(A) the population of each State; bears to
            ``(B) the population of all States.
    ``(e) Consistency in Allocation.--Notwithstanding subsection (d), 
in any fiscal year before fiscal year 2013 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.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the program--
        ``(1) for fiscal year 2008, $400,000,000;
        ``(2) for fiscal year 2009, $535,000,000;
        ``(3) for fiscal year 2010, $680,000,000;
        ``(4) for fiscal year 2011, $815,000,000; and
        ``(5) for fiscal year 2012, $950,000,000.''.
    SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.
    Section 614 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196c) is amended to read as follows:
    ``SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS 
      CENTERS.
    ``(a) Grants.--The Administrator of the Federal Emergency 
Management Agency may make grants to States under this title for 
equipping, upgrading, and constructing State and local emergency 
operations centers.
    ``(b) Federal Share.--Notwithstanding any other provision of this 
title, the Federal share of the cost of an activity carried out using 
amounts from grants made under this section shall not exceed 75 
percent.''.

     TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST 
                               RESPONDERS

    SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.
    (a) Establishment.--Title XVIII of the Homeland Security Act of 
2002 (6 U.S.C. 571 et seq.) is amended by adding at the end the 
following new section:
``SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.
    ``(a) Establishment.--The Secretary shall establish the 
Interoperable Emergency Communications Grant Program to make grants to 
States to carry out initiatives to improve local, tribal, statewide, 
regional, national and, where appropriate, international interoperable 
emergency communications, including communications in collective 
response to natural disasters, acts of terrorism, and other man-made 
disasters.
    ``(b) Policy.--The Director for Emergency Communications shall 
ensure that a grant awarded to a State under this section is consistent 
with the policies established pursuant to the responsibilities and 
authorities of the Office of Emergency Communications under this title, 
including ensuring that activities funded by the grant--
        ``(1) comply with the statewide plan for that State required by 
    section 7303(f) of the Intelligence Reform and Terrorism Prevention 
    Act of 2004 (6 U.S.C. 194(f)); and
        ``(2) comply with the National Emergency Communications Plan 
    under section 1802, when completed.
    ``(c) Administration.--
        ``(1) In general.--The Administrator of the Federal Emergency 
    Management Agency shall administer the Interoperable Emergency 
    Communications Grant Program pursuant to the responsibilities and 
    authorities of the Administrator under title V of the Act.
        ``(2) Guidance.--In administering the grant program, the 
    Administrator shall ensure that the use of grants is consistent 
    with guidance established by the Director of Emergency 
    Communications pursuant to section 7303(a)(1)(H) of the 
    Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
    194(a)(1)(H)).
    ``(d) Use of Funds.--A State that receives a grant under this 
section shall use the grant to implement that State's Statewide 
Interoperability Plan required under section 7303(f) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
194(f)) and approved under subsection (e), and to assist with 
activities determined by the Secretary to be integral to interoperable 
emergency communications.
    ``(e) Approval of Plans.--
        ``(1) Approval as condition of grant.--Before a State may 
    receive a grant under this section, the Director of Emergency 
    Communications shall approve the State's 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)).
        ``(2) Plan requirements.--In approving a plan under this 
    subsection, the Director of Emergency Communications shall ensure 
    that the plan--
            ``(A) is designed to improve interoperability at the city, 
        county, regional, State and interstate level;
            ``(B) considers any applicable local or regional plan; and
            ``(C) complies, to the maximum extent practicable, with the 
        National Emergency Communications Plan under section 1802.
        ``(3) Approval of revisions.--The Director of Emergency 
    Communications may approve revisions to a State's plan if the 
    Director determines that doing so is likely to further 
    interoperability.
    ``(f) Limitations on Uses of Funds.--
        ``(1) In general.--The recipient of a grant under this section 
    may not use the grant--
            ``(A) to supplant State or local funds;
            ``(B) for any State or local government cost-sharing 
        contribution; or
            ``(C) for recreational or social purposes.
        ``(2) Penalties.--In addition to other remedies currently 
    available, the Secretary may take such actions as necessary to 
    ensure that recipients of grant funds are using the funds for the 
    purpose for which they were intended.
    ``(g) Limitations on Award of Grants.--
        ``(1) National emergency communications plan required.--The 
    Secretary may not award a grant under this section before the date 
    on which the Secretary completes and submits to Congress the 
    National Emergency Communications Plan required under section 1802.
        ``(2) Voluntary consensus standards.--The Secretary may not 
    award a grant to a State under this section for the purchase of 
    equipment that does not meet applicable voluntary consensus 
    standards, unless the State demonstrates that there are compelling 
    reasons for such purchase.
    ``(h) Award of Grants.--In approving applications and awarding 
grants under this section, the Secretary shall consider--
        ``(1) the risk posed to each State by natural disasters, acts 
    of terrorism, or other manmade disasters, including--
            ``(A) the likely need of a jurisdiction within the State to 
        respond to such risk in nearby jurisdictions;
            ``(B) the degree of threat, vulnerability, and consequences 
        related to critical infrastructure (from all critical 
        infrastructure sectors) or key resources identified by the 
        Administrator or the State homeland security and emergency 
        management plans, including threats to, vulnerabilities of, and 
        consequences from damage to critical infrastructure and key 
        resources in nearby jurisdictions;
            ``(C) the size of the population and density of the 
        population of the State, including appropriate consideration of 
        military, tourist, and commuter populations;
            ``(D) whether the State is on or near an international 
        border;
            ``(E) whether the State encompasses an economically 
        significant border crossing; and
            ``(F) whether the State has a coastline bordering an ocean, 
        a major waterway used for interstate commerce, or international 
        waters; and
        ``(2) the anticipated effectiveness of the State's proposed use 
    of grant funds to improve interoperability.
    ``(i) Opportunity to Amend Applications.--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.
    ``(j) Minimum Grant Amounts.--
        ``(1) States.--In awarding grants under this section, the 
    Secretary shall ensure that for each fiscal year, except as 
    provided in paragraph (2), no State receives a grant in an amount 
    that is less than the following percentage of the total amount 
    appropriated for grants under this section for that fiscal year:
            ``(A) For fiscal year 2008, 0.50 percent.
            ``(B) For fiscal year 2009, 0.50 percent.
            ``(C) For fiscal year 2010, 0.45 percent.
            ``(D) For fiscal year 2011, 0.40 percent.
            ``(E) For fiscal year 2012 and each subsequent fiscal year, 
        0.35 percent.
        ``(2) Territories and possessions.--In awarding grants under 
    this section, the Secretary shall ensure that for each fiscal year, 
    American Samoa, the Commonwealth of the Northern Mariana Islands, 
    Guam, and the Virgin Islands each receive grants in amounts that 
    are not less than 0.08 percent of the total amount appropriated for 
    grants under this section for that fiscal year.
    ``(k) Certification.--Each State that receives a grant under this 
section shall certify that the grant is used for the purpose for which 
the funds were intended and in compliance with the State's approved 
Statewide Interoperable Communications Plan.
    ``(l) State Responsibilities.--
        ``(1) Availability of funds to local and tribal governments.--
    Not later than 45 days after receiving grant funds, any State that 
    receives a grant under this section shall obligate or otherwise 
    make available to local and tribal governments--
            ``(A) not less than 80 percent of the grant funds;
            ``(B) with the consent of local and tribal governments, 
        eligible expenditures having a value of not less than 80 
        percent of the amount of the grant; or
            ``(C) grant funds combined with other eligible expenditures 
        having a total value of not less than 80 percent of the amount 
        of the grant.
        ``(2) Allocation of funds.--A State that receives a grant under 
    this section shall allocate grant funds to tribal governments in 
    the State to assist tribal communities in improving interoperable 
    communications, in a manner consistent with the Statewide 
    Interoperable Communications Plan. A State may not impose 
    unreasonable or unduly burdensome requirements on a tribal 
    government as a condition of providing grant funds or resources to 
    the tribal government.
        ``(3) Penalties.--If a State violates the requirements of this 
    subsection, in addition to other remedies available to the 
    Secretary, the Secretary may terminate or reduce the amount of the 
    grant awarded to that State or transfer grant funds previously 
    awarded to the State directly to the appropriate local or tribal 
    government.
    ``(m) Reports.--
        ``(1) Annual reports by state grant recipients.--A State that 
    receives a grant under this section shall annually submit to the 
    Director of Emergency Communications a report on the progress of 
    the State in implementing that State's Statewide Interoperable 
    Communications Plans required under section 7303(f) of the 
    Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
    194(f)) and achieving interoperability at the city, county, 
    regional, State, and interstate levels. The Director shall make the 
    reports publicly available, including by making them available on 
    the Internet website of the Office of Emergency Communications, 
    subject to any redactions that the Director determines are 
    necessary to protect classified or other sensitive information.
        ``(2) Annual reports to congress.--At least once each year, the 
    Director of Emergency Communications shall submit to Congress a 
    report on the use of grants awarded under this section and any 
    progress in implementing Statewide Interoperable Communications 
    Plans and improving interoperability at the city, county, regional, 
    State, and interstate level, as a result of the award of such 
    grants.
    ``(n) Rule of Construction.--Nothing in this section shall be 
construed or interpreted to preclude a State from using a grant awarded 
under this section for interim or long-term Internet Protocol-based 
interoperable solutions.
    ``(o) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
        ``(1) for fiscal year 2008, such sums as may be necessary;
        ``(2) for each of fiscal years 2009 through 2012, $400,000,000; 
    and
        ``(3) for each subsequent fiscal year, such sums as may be 
    necessary.''.
    (b) Clerical Amendment.--The table of contents in section l(b) of 
such Act is amended by inserting after the item relating to section 
1808 the following:

``Sec. 1809. Interoperable Emergency Communications Grant Program.''.

    (c) Interoperable Communications Plans.--Section 7303 of the 
Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 194) 
is amended--
        (1) in subsection (f)--
            (A) in paragraph (4), by striking ``and'' at the end;
            (B) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (C) by adding at the end the following:
        ``(6) include information on the governance structure used to 
    develop the plan, including such information about all agencies and 
    organizations that participated in developing the plan and the 
    scope and timeframe of the plan; and
        ``(7) describe the method by which multi-jurisdictional, 
    multidisciplinary input is provided from all regions of the 
    jurisdiction, including any high-threat urban areas located in the 
    jurisdiction, and the process for continuing to incorporate such 
    input.'';
        (2) in subsection (g)(1), by striking ``or video'' and 
    inserting ``and video''.
    (d) National Emergency Communications Plan.--Section 1802(c) of the 
Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--
        (1) in paragraph (8), by striking ``and'' at the end;
        (2) in paragraph (9), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(10) set a date, including interim benchmarks, as 
    appropriate, by which State, local, and tribal governments, Federal 
    departments and agencies, and emergency response providers expect 
    to achieve a baseline level of national interoperable 
    communications, as that term is defined under section 7303(g)(1) of 
    the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
    U.S.C. 194(g)(1)).''.
    SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
    (a) In General.--Title XVIII of the Homeland Security Act of 2002 
(6 U.S.C. 571 et seq.) is amended by adding at the end the following 
new section:
``SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
    ``(a) In General.--
        ``(1) Establishment.--The Secretary, acting through the 
    Director of the Office of Emergency Communications (referred to in 
    this section as the `Director'), and in coordination with the 
    Federal Communications Commission and the Secretary of Commerce, 
    shall establish an International Border Community Interoperable 
    Communications Demonstration Project (referred to in this section 
    as the `demonstration project').
        ``(2) Minimum number of communities.--The Director shall select 
    no fewer than 6 communities to participate in a demonstration 
    project.
        ``(3) Location of communities.--No fewer than 3 of the 
    communities selected under paragraph (2) shall be located on the 
    northern border of the United States and no fewer than 3 of the 
    communities selected under paragraph (2) shall be located on the 
    southern border of the United States.
    ``(b) Conditions.--The Director, in coordination with the Federal 
Communications Commission and the Secretary of Commerce, shall ensure 
that the project is carried out as soon as adequate spectrum is 
available as a result of the 800 megahertz rebanding process in border 
areas, and shall ensure that the border projects do not impair or 
impede the rebanding process, but under no circumstances shall funds be 
distributed under this section unless the Federal Communications 
Commission and the Secretary of Commerce agree that these conditions 
have been met.
    ``(c) Program Requirements.--Consistent with the responsibilities 
of the Office of Emergency Communications under section 1801, the 
Director shall foster local, tribal, State, and Federal interoperable 
emergency communications, as well as interoperable emergency 
communications with appropriate Canadian and Mexican authorities in the 
communities selected for the demonstration project. The Director 
shall--
        ``(1) identify solutions to facilitate interoperable 
    communications across national borders expeditiously;
        ``(2) help ensure that emergency response providers can 
    communicate with each other in the event of natural disasters, acts 
    of terrorism, and other man-made disasters;
        ``(3) provide technical assistance to enable emergency response 
    providers to deal with threats and contingencies in a variety of 
    environments;
        ``(4) identify appropriate joint-use equipment to ensure 
    communications access;
        ``(5) identify solutions to facilitate communications between 
    emergency response providers in communities of differing population 
    densities; and
        ``(6) take other actions or provide equipment as the Director 
    deems appropriate to foster interoperable emergency communications.
    ``(d) Distribution of Funds.--
        ``(1) In general.--The Secretary shall distribute funds under 
    this section to each community participating in the demonstration 
    project through the State, or States, in which each community is 
    located.
        ``(2) Other participants.--A State shall make the funds 
    available promptly to the local and tribal governments and 
    emergency response providers selected by the Secretary to 
    participate in the demonstration project.
        ``(3) Report.--Not later than 90 days after a State receives 
    funds under this subsection the State shall report to the Director 
    on the status of the distribution of such funds to local and tribal 
    governments.
    ``(e) Maximum Period of Grants.--The Director may not fund any 
participant under the demonstration project for more than 3 years.
    ``(f) Transfer of Information and Knowledge.--The Director shall 
establish mechanisms to ensure that the information and knowledge 
gained by participants in the demonstration project are transferred 
among the participants and to other interested parties, including other 
communities that submitted applications to the participant in the 
project.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated for grants under this section such sums as may be 
necessary.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
that Act is amended by inserting after the item relating to section 
1809 the following:

``Sec. 1810. Border interoperability demonstration project.''.

       TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

    SEC. 401. DEFINITIONS.
    (a) In General.--Section 501 of the Homeland Security Act of 2002 
(6 U.S.C. 311) is amended--
        (1) by redesignating paragraphs (10) and (11) as paragraphs 
    (12) and (13), respectively;
        (2) by redesignating paragraphs (4) through (9) as paragraphs 
    (5) through (10), respectively;
        (3) by inserting after paragraph (3) the following:
        ``(4) the terms `credentialed' and `credentialing' mean having 
    provided, or providing, respectively, documentation that identifies 
    personnel and authenticates and verifies the qualifications of such 
    personnel by ensuring that such personnel possess a minimum common 
    level of training, experience, physical and medical fitness, and 
    capability appropriate for a particular position in accordance with 
    standards created under section 510;'';
        (4) by inserting after paragraph (10), as so redesignated, the 
    following:
        ``(11) the term `resources' means personnel and major items of 
    equipment, supplies, and facilities available or potentially 
    available for responding to a natural disaster, act of terrorism, 
    or other man-made disaster;'';
        (5) in paragraph (12), as so redesignated, by striking ``and'' 
    at the end;
        (6) in paragraph (13), as so redesignated, by striking the 
    period at the end and inserting ``; and''; and
        (7) by adding at the end the following:
        ``(14) the terms `typed' and `typing' mean having evaluated, or 
    evaluating, respectively, a resource in accordance with standards 
    created under section 510.''.
    (b) Technical and Conforming Amendments.--Section 641 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741) is 
amended--
        (1) by redesignating paragraphs (2) through (10) as paragraphs 
    (3) through (11), respectively;
        (2) by inserting after paragraph (1) the following:
        ``(2) Credentialed; credentialing.--The terms `credentialed' 
    and `credentialing' have the meanings given those terms in section 
    501 of the Homeland Security Act of 2002 (6 U.S.C. 311).''; and
        (3) by adding at the end the following:
        ``(12) Resources.--The term `resources' has the meaning given 
    that term in section 501 of the Homeland Security Act of 2002 (6 
    U.S.C. 311).
        ``(13) Type.--The term `type' means a classification of 
    resources that refers to the capability of a resource.
        ``(14) Typed; typing.--The terms `typed' and `typing' have the 
    meanings given those terms in section 501 of the Homeland Security 
    Act of 2002 (6 U.S.C. 311).''.
    SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN.
    Section 648(b)(2)(A) of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended by striking 
clauses (iv) and (v) and inserting the following:
                ``(iv) designed to provide for the systematic 
            evaluation of readiness and enhance operational 
            understanding of the incident command system and relevant 
            mutual aid agreements;
                ``(v) designed to address the unique requirements of 
            populations with special needs, including the elderly; and
                ``(vi) designed to promptly develop after-action 
            reports and plans for quickly incorporating lessons learned 
            into future operations; and''.
    SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.
    Section 648(b)(2)(B) of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 748(b)(2)(B)) is amended by striking 
``shall provide'' and all that follows through ``of exercises'' and 
inserting the following: ``shall include a selection of model exercises 
that State, local, and tribal governments can readily adapt for use and 
provide assistance to State, local, and tribal governments with the 
design, implementation, and evaluation of exercises (whether a model 
exercise program or an exercise designed locally)''.
    SEC. 404. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL 
      FACILITIES TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR 
      PREPAREDNESS.
    Section 507(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
317(c)(2)) is amended--
        (1) in subparagraph (H) by striking ``and'' at the end;
        (2) by redesignating subparagraph (I) as subparagraph (K); and
        (3) by inserting after subparagraph (H) the following:
            ``(I) coordinating with the private sector to help ensure 
        private sector preparedness for natural disasters, acts of 
        terrorism, and other man-made disasters;
            ``(J) assisting State, local, and tribal governments, where 
        appropriate, to preidentify and evaluate suitable sites where a 
        multijurisdictional incident command system may quickly be 
        established and operated from, if the need for such a system 
        arises; and''.
    SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY.
    Section 651 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 751) is amended--
        (1) in subsection (b)--
            (A) in the matter preceding paragraph (1), by striking 
        ``The inventory'' and inserting ``For each Federal agency with 
        responsibilities under the National Response Plan, the 
        inventory'';
            (B) in paragraph (1), by striking ``and'' at the end;
            (C) by redesignating paragraph (2) as paragraph (4); and
            (D) by inserting after paragraph (1) the following:
        ``(2) a list of personnel credentialed in accordance with 
    section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320);
        ``(3) a list of resources typed in accordance with section 510 
    of the Homeland Security Act of 2002 (6 U.S.C. 320); and''; and
        (2) in subsection (d)--
            (A) in paragraph (1), by striking ``capabilities, 
        readiness'' and all that follows and inserting the following: 
        ``--
            ``(A) capabilities;
            ``(B) readiness;
            ``(C) the compatibility of equipment;
            ``(D) credentialed personnel; and
            ``(E) typed resources;'';
            (B) in paragraph (2), by inserting ``of capabilities, 
        credentialed personnel, and typed resources'' after ``rapid 
        deployment''; and
            (C) in paragraph (3), by striking ``inventories'' and 
        inserting ``the inventory described in subsection (a)''.
    SEC. 406. REPORTING REQUIREMENTS.
    Section 652(a)(2) of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 752(a)(2)), as amended by section 103, is further 
amended--
        (1) in subparagraph (C), by striking ``section 651(a);'' and 
    inserting ``section 651, including the number and type of 
    credentialed personnel in each category of personnel trained and 
    ready to respond to a natural disaster, act of terrorism, or other 
    man-made disaster;'';
        (2) in subparagraph (D), by striking ``and'' at the end;
        (3) in subparagraph (E), by striking the period at the end and 
    inserting ``; and''; and
        (4) by adding at the end the following:
            ``(F) a discussion of whether the list of credentialed 
        personnel of the Agency described in section 651(b)(2)--
                ``(i) complies with the strategic human capital plan 
            developed under section 10102 of title 5, United States 
            Code; and
                ``(ii) is sufficient to respond to a natural disaster, 
            act of terrorism, or other man-made disaster, including a 
            catastrophic incident.''.
    SEC. 407. FEDERAL PREPAREDNESS.
    Section 653 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 753) is amended--
        (1) in subsection (a)--
            (A) in the matter preceding paragraph (1), by striking 
        ``coordinating, primary, or supporting'';
            (B) in paragraph (2), by inserting ``, including 
        credentialing of personnel and typing of resources likely 
        needed to respond to a natural disaster, act of terrorism, or 
        other man-made disaster in accordance with section 510 of the 
        Homeland Security Act of 2002 (6 U.S.C. 320)'' before the 
        semicolon at the end;
            (C) in paragraph (3), by striking ``and'' at the end;
            (D) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (E) by adding at the end the following:
        ``(5) regularly updates, verifies the accuracy of, and provides 
    to the Administrator the information in the inventory required 
    under section 651.''; and
        (2) in subsection (d)--
            (A) by inserting ``to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Homeland Security and the Committee on Transportation and 
        Infrastructure of the House of Representatives'' after ``The 
        President shall certify''; and
            (B) by striking ``coordinating, primary, or supporting''.
    SEC. 408. CREDENTIALING AND TYPING.
    Section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320) is 
amended--
        (1) by striking ``The Administrator'' and inserting the 
    following:
    ``(a) In General.--The Administrator'';
        (2) in subsection (a), as so designated, by striking 
    ``credentialing of personnel and typing of'' and inserting ``for 
    credentialing and typing of incident management personnel, 
    emergency response providers, and other personnel (including 
    temporary personnel) and''; and
        (3) by adding at the end the following:
    ``(b) Distribution.--
        ``(1) In general.--Not later than 1 year after the date of 
    enactment of the Implementing Recommendations of the 9/11 
    Commission Act of 2007, the Administrator shall provide the 
    standards developed under subsection (a), including detailed 
    written guidance, to--
            ``(A) each Federal agency that has responsibilities under 
        the National Response Plan to aid that agency with 
        credentialing and typing incident management personnel, 
        emergency response providers, and other personnel (including 
        temporary personnel) and resources likely needed to respond to 
        a natural disaster, act of terrorism, or other man-made 
        disaster; and
            ``(B) State, local, and tribal governments, to aid such 
        governments with credentialing and typing of State, local, and 
        tribal incident management personnel, emergency response 
        providers, and other personnel (including temporary personnel) 
        and resources likely needed to respond to a natural disaster, 
        act of terrorism, or other man-made disaster.
        ``(2) Assistance.--The Administrator shall provide expertise 
    and technical assistance to aid Federal, State, local, and tribal 
    government agencies with credentialing and typing incident 
    management personnel, emergency response providers, and other 
    personnel (including temporary personnel) and resources likely 
    needed to respond to a natural disaster, act of terrorism, or other 
    man-made disaster.
    ``(c) Credentialing and Typing of Personnel.--Not later than 6 
months after receiving the standards provided under subsection (b), 
each Federal agency with responsibilities under the National Response 
Plan shall ensure that incident management personnel, emergency 
response providers, and other personnel (including temporary personnel) 
and resources likely needed to respond to a natural disaster, act of 
terrorism, or other manmade disaster are credentialed and typed in 
accordance with this section.
    ``(d) Consultation on Health Care Standards.--In developing 
standards for credentialing health care professionals under this 
section, the Administrator shall consult with the Secretary of Health 
and Human Services.''.
    SEC. 409. MODEL STANDARDS AND GUIDELINES FOR CRITICAL 
      INFRASTRUCTURE WORKERS.
    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended by adding at the end the following:
    ``SEC. 522. MODEL STANDARDS AND GUIDELINES FOR CRITICAL 
      INFRASTRUCTURE WORKERS.
    ``(a) In General.--Not later than 12 months after the date of 
enactment of the Implementing Recommendations of the 9/11 Commission 
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 establish model standards and guidelines for credentialing 
critical infrastructure workers that may be used by a State to 
credential critical infrastructure workers that may respond to a 
natural disaster, act of terrorism, or other man-made disaster.
    ``(b) Distribution and Assistance.--The Administrator shall provide 
the standards developed under subsection (a), including detailed 
written guidance, to State, local, and tribal governments, and provide 
expertise and technical assistance to aid such governments with 
credentialing critical infrastructure workers that may respond to a 
natural disaster, act of terrorism, or other manmade disaster.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is 
amended by inserting after the item relating to section 521 the 
following:

``Sec. 522. Model standards and guidelines for critical infrastructure 
          workers.''.
    SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
    There are authorized to be appropriated such sums as necessary to 
carry out this title and the amendments made by this title.

  TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE 
    FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
     Subtitle A--Homeland Security Information Sharing Enhancement

    SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION 
      SHARING.
    (a) Advisory System and Information Sharing.--
        (1) In general.--Subtitle A of title II of the Homeland 
    Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at 
    the end the following:
    ``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
    ``(a) Requirement.--The Secretary shall administer the Homeland 
Security Advisory System in accordance with this section to provide 
advisories or warnings regarding the threat or risk that acts of 
terrorism will be committed 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 advisories or warnings.
    ``(b) Required Elements.--In administering the Homeland Security 
Advisory System, the Secretary shall--
        ``(1) establish criteria for the issuance and revocation of 
    such advisories or warnings;
        ``(2) develop a methodology, relying on the criteria 
    established under paragraph (1), for the issuance and revocation of 
    such advisories or warnings;
        ``(3) provide, in each such advisory or warning, specific 
    information and advice regarding appropriate protective measures 
    and countermeasures that may be taken in response to the threat or 
    risk, at the maximum level of detail practicable to enable 
    individuals, government entities, emergency response providers, and 
    the private sector to act appropriately;
        ``(4) whenever possible, limit the scope of each such advisory 
    or warning to a specific region, locality, or economic sector 
    believed to be under threat or at risk; and
        ``(5) not, in issuing any advisory or warning, use color 
    designations as the exclusive means of specifying homeland security 
    threat conditions that are the subject of the advisory or warning.
    ``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.
    ``(a) Information Sharing.--Consistent with section 1016 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
485), the Secretary, acting through the Under Secretary for 
Intelligence and Analysis, shall integrate the information and 
standardize the format of the products of the intelligence components 
of the Department containing homeland security information, terrorism 
information, weapons of mass destruction information, or national 
intelligence (as defined in section 3(5) of the National Security Act 
of 1947 (50 U.S.C. 401a(5))) except for any internal security protocols 
or personnel information of such intelligence components, or other 
administrative processes that are administered by any chief security 
officer of the Department.
    ``(b) Information Sharing and Knowledge Management Officers.--For 
each intelligence component of the Department, the Secretary shall 
designate an information sharing and knowledge management officer who 
shall report to the Under Secretary for Intelligence and Analysis 
regarding coordinating the different systems used in the Department to 
gather and disseminate homeland security information or national 
intelligence (as defined in section 3(5) of the National Security Act 
of 1947 (50 U.S.C. 401a(5))).
    ``(c) State, Local, and Private-Sector Sources of Information.--
        ``(1) Establishment of business processes.--The Secretary, 
    acting through the Under Secretary for Intelligence and Analysis or 
    the Assistant Secretary for Infrastructure Protection, as 
    appropriate, shall--
            ``(A) establish Department-wide procedures for the review 
        and analysis of information provided by State, local, and 
        tribal governments and the private sector;
            ``(B) as appropriate, integrate such information into the 
        information gathered by the Department and other departments 
        and agencies of the Federal Government; and
            ``(C) make available such information, as appropriate, 
        within the Department and to other departments and agencies of 
        the Federal Government.
        ``(2) Feedback.--The Secretary shall develop mechanisms to 
    provide feedback regarding the analysis and utility of information 
    provided by any entity of State, local, or tribal government or the 
    private sector that provides such information to the Department.
    ``(d) Training and Evaluation of Employees.--
        ``(1) Training.--The Secretary, acting through the Under 
    Secretary for Intelligence and Analysis or the Assistant Secretary 
    for Infrastructure Protection, as appropriate, shall provide to 
    employees of the Department opportunities for training and 
    education to develop an understanding of--
            ``(A) the definitions of homeland security information and 
        national intelligence (as defined in section 3(5) of the 
        National Security Act of 1947 (50 U.S.C. 401a(5))); and
            ``(B) how information available to such employees as part 
        of their duties--
                ``(i) might qualify as homeland security information or 
            national intelligence; and
                ``(ii) might be relevant to the Office of Intelligence 
            and Analysis and the intelligence components of the 
            Department.
        ``(2) Evaluations.--The Under Secretary for Intelligence and 
    Analysis shall--
            ``(A) on an ongoing basis, evaluate how employees of the 
        Office of Intelligence and Analysis and the intelligence 
        components of the Department are utilizing homeland security 
        information or national intelligence, sharing information 
        within the Department, as described in this title, and 
        participating in the information sharing environment 
        established under section 1016 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
            ``(B) provide to the appropriate component heads regular 
        reports regarding the evaluations under subparagraph (A).
    ``SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK 
      ARCHITECTURE.
    ``(a) Establishment.--The Secretary, acting through the Under 
Secretary for Intelligence and Analysis, shall establish, consistent 
with the policies and procedures developed under section 1016 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
485), and consistent with the enterprise architecture of the 
Department, a comprehensive information technology network architecture 
for the Office of Intelligence and Analysis that connects the various 
databases and related information technology assets of the Office of 
Intelligence and Analysis and the intelligence components of the 
Department in order to promote internal information sharing among the 
intelligence and other personnel of the Department.
    ``(b) Comprehensive Information Technology Network Architecture 
Defined.--The term `comprehensive information technology network 
architecture' means an integrated framework for evolving or maintaining 
existing information technology and acquiring new information 
technology to achieve the strategic management and information 
resources management goals of the Office of Intelligence and Analysis.
    ``SEC. 206. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.
    ``(a) Guidance.--All activities to comply with sections 203, 204, 
and 205 shall be--
        ``(1) consistent with any policies, guidelines, procedures, 
    instructions, or standards established under section 1016 of the 
    Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
    485);
        ``(2) implemented in coordination with, as appropriate, the 
    program manager for the information sharing environment established 
    under that section;
        ``(3) consistent with any applicable guidance issued by the 
    Director of National Intelligence; and
        ``(4) consistent with any applicable guidance issued by the 
    Secretary relating to the protection of law enforcement information 
    or proprietary information.
    ``(b) Consultation.--In carrying out the duties and 
responsibilities under this subtitle, the Under Secretary for 
Intelligence and Analysis shall take into account the views of the 
heads of the intelligence components of the Department.''.
        (2) Technical and conforming amendments.--
            (A) In general.--Section 201(d) of the Homeland Security 
        Act of 2002 (6 U.S.C. 121(d)) is amended--
                (i) by striking paragraph (7); and
                (ii) by redesignating paragraphs (8) through (19) as 
            paragraphs (7) through (18), respectively.
            (B) Table of contents.--The table of contents in section 
        1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
        seq.) is amended by inserting after the item relating to 
        section 202 the following:

``Sec. 203. Homeland Security Advisory System.
``Sec. 204. Homeland security information sharing.
``Sec. 205. Comprehensive information technology network architecture.
``Sec. 206. Coordination with information sharing environment.''.

    (b) Office of Intelligence and Analysis and Office of 
Infrastructure Protection.--Section 201(d) of the Homeland Security Act 
of 2002 (6 U.S.C. 121(d)) is amended--
        (1) in paragraph (1), by inserting ``, in support of the 
    mission responsibilities of the Department and the functions of the 
    National Counterterrorism Center established under section 119 of 
    the National Security Act of 1947 (50 U.S.C. 404o),'' after ``and 
    to integrate such information''; and
        (2) by striking paragraph (7), as redesignated by subsection 
    (a)(2)(A)(ii) of this section, and inserting the following:
        ``(7) To review, analyze, and make recommendations for 
    improvements to the policies and procedures governing the sharing 
    of information within the scope of the information sharing 
    environment established under section 1016 of the Intelligence 
    Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), 
    including homeland security information, terrorism information, and 
    weapons of mass destruction information, and any policies, 
    guidelines, procedures, instructions, or standards established 
    under that section.''.
    (c) Report on Comprehensive Information Technology Network 
Architecture.--Not later than 120 days after the date of enactment of 
this Act, 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 progress of the Secretary in developing the 
comprehensive information technology network architecture required 
under section 205 of the Homeland Security Act of 2002, as added by 
subsection (a). The report shall include--
        (1) a description of the priorities for the development of the 
    comprehensive information technology network architecture and a 
    rationale for such priorities;
        (2) an explanation of how the various components of the 
    comprehensive information technology network architecture will work 
    together and interconnect;
        (3) a description of the technological challenges that the 
    Secretary expects the Office of Intelligence and Analysis will face 
    in implementing the comprehensive information technology network 
    architecture;
        (4) a description of the technological options that are 
    available or are in development that may be incorporated into the 
    comprehensive information technology network architecture, the 
    feasibility of incorporating such options, and the advantages and 
    disadvantages of doing so;
        (5) an explanation of any security protections to be developed 
    as part of the comprehensive information technology network 
    architecture;
        (6) a description of safeguards for civil liberties and privacy 
    to be built into the comprehensive information technology network 
    architecture; and
        (7) an operational best practices plan.
    SEC. 502. INTELLIGENCE COMPONENT DEFINED.
    (a) In General.--Section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101) is amended--
        (1) by redesignating paragraphs (9) through (16) as paragraphs 
    (10) through (17), respectively; and
        (2) by inserting after paragraph (8) the following:
        ``(9) The term `intelligence component of the Department' means 
    any element or entity of the Department that collects, gathers, 
    processes, analyzes, produces, or disseminates intelligence 
    information within the scope of the information sharing 
    environment, including homeland security information, terrorism 
    information, and weapons of mass destruction information, or 
    national intelligence, as defined under section 3(5) of the 
    National Security Act of 1947 (50 U.S.C. 401a(5)), except--
            ``(A) the United States Secret Service; and
            ``(B) the Coast Guard, when operating under the direct 
        authority of the Secretary of Defense or Secretary of the Navy 
        pursuant to section 3 of title 14, United States Code, except 
        that nothing in this paragraph shall affect or diminish the 
        authority and responsibilities of the Commandant of the Coast 
        Guard to command or control the Coast Guard as an armed force 
        or the authority of the Director of National Intelligence with 
        respect to the Coast Guard as an element of the intelligence 
        community (as defined under section 3(4) of the National 
        Security Act of 1947 (50 U.S.C. 401a(4)).''.
    (b) Receipt of Information From United States Secret Service.--
        (1) In general.--The Under Secretary for Intelligence and 
    Analysis shall receive from the United States Secret Service 
    homeland security information, terrorism information, weapons of 
    mass destruction information (as these terms are defined in Section 
    1016 of the Intelligence Reform and Terrorism Prevention Act of 
    2004 (6 U.S.C. 485)), or national intelligence, as defined in 
    Section 3(5) of the National Security Act of 1947 (50 U.S.C. 
    401a(5)), as well as suspect information obtained in criminal 
    investigations. The United States Secret Service shall cooperate 
    with the Under Secretary for Intelligence and Analysis with respect 
    to activities under sections 204 and 205 of the Homeland Security 
    Act of 2002.
        (2) Savings clause.--Nothing in this Act shall interfere with 
    the operation of Section 3056(g) of Title 18, United States Code, 
    or with the authority of the Secretary of Homeland Security or the 
    Director of the United States Secret Service regarding the budget 
    of the United States Secret Service.
    (c) Technical and Conforming Amendments.--
        (1) Homeland security act of 2002.--Paragraph (13) of section 
    501 of the Homeland Security Act of 2002 (6 U.S.C. 311), as 
    redesignated by section 401, is amended by striking ``section 
    2(10)(B)'' and inserting ``section 2(11)(B)''.
        (2) Other law.--Section 712(a) of title 14, United States Code, 
    is amended by striking ``section 2(15) of the Homeland Security Act 
    of 2002 (6 U.S.C. 101(15))'' and inserting ``section 2(16) of the 
    Homeland Security Act of 2002 (6 U.S.C. 101(16))''.
    SEC. 503. ROLE OF INTELLIGENCE COMPONENTS, TRAINING, AND 
      INFORMATION SHARING.
    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 is further amended by adding at the end the following:
    ``SEC. 207. INTELLIGENCE COMPONENTS.
    ``Subject to the direction and control of the Secretary, and 
consistent with any applicable guidance issued by the Director of 
National Intelligence, the responsibilities of the head of each 
intelligence component of the Department are as follows:
        ``(1) To ensure that the collection, processing, analysis, and 
    dissemination of information within the scope of the information 
    sharing environment, including homeland security information, 
    terrorism information, weapons of mass destruction information, and 
    national intelligence (as defined in section 3(5) of the National 
    Security Act of 1947 (50 U.S.C. 401a(5))), are carried out 
    effectively and efficiently in support of the intelligence mission 
    of the Department, as led by the Under Secretary for Intelligence 
    and Analysis.
        ``(2) To otherwise support and implement the intelligence 
    mission of the Department, as led by the Under Secretary for 
    Intelligence and Analysis.
        ``(3) To incorporate the input of the Under Secretary for 
    Intelligence and Analysis with respect to performance appraisals, 
    bonus or award recommendations, pay adjustments, and other forms of 
    commendation.
        ``(4) To coordinate with the Under Secretary for Intelligence 
    and Analysis in developing policies and requirements for the 
    recruitment and selection of intelligence officials of the 
    intelligence component.
        ``(5) To advise and coordinate with the Under Secretary for 
    Intelligence and Analysis on any plan to reorganize or restructure 
    the intelligence component that would, if implemented, result in 
    realignments of intelligence functions.
        ``(6) To ensure that employees of the intelligence component 
    have knowledge of, and comply with, the programs and policies 
    established by the Under Secretary for Intelligence and Analysis 
    and other appropriate officials of the Department and that such 
    employees comply with all applicable laws and regulations.
        ``(7) To perform such other activities relating to such 
    responsibilities as the Secretary may provide.
    ``SEC. 208. TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPONENTS.
    ``The Secretary shall provide training and guidance for employees, 
officials, and senior executives of the intelligence components of the 
Department to develop knowledge of laws, regulations, operations, 
policies, procedures, and programs that are related to the functions of 
the Department relating to the collection, processing, analysis, and 
dissemination of information within the scope of the information 
sharing environment, including homeland security information, terrorism 
information, and weapons of mass destruction information, or national 
intelligence (as defined in section 3(5) of the National Security Act 
of 1947 (50 U.S.C. 401a(5))).
    ``SEC. 209. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL 
      GOVERNMENT OFFICIALS.
    ``(a) Curriculum.--The Secretary, acting through the Under 
Secretary for Intelligence and Analysis, shall--
        ``(1) develop a curriculum for training State, local, and 
    tribal government officials, including law enforcement officers, 
    intelligence analysts, and other emergency response providers, in 
    the intelligence cycle and Federal laws, practices, and regulations 
    regarding the development, handling, and review of intelligence and 
    other information; and
        ``(2) ensure that the curriculum includes executive level 
    training for senior level State, local, and tribal law enforcement 
    officers, intelligence analysts, and other emergency response 
    providers.
    ``(b) Training.--To the extent possible, the Federal Law 
Enforcement Training Center and other existing Federal entities with 
the capacity and expertise to train State, local, and tribal government 
officials based on the curriculum developed under subsection (a) shall 
be used to carry out the training programs created under this section. 
If such entities do not have the capacity, resources, or capabilities 
to conduct such training, the Secretary may approve another entity to 
conduct such training.
    ``(c) Consultation.--In carrying out the duties described in 
subsection (a), the Under Secretary for Intelligence and Analysis 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.
    ``SEC. 210. INFORMATION SHARING INCENTIVES.
    ``(a) Awards.--In making cash awards under chapter 45 of title 5, 
United States Code, the President or the head of an agency, in 
consultation with the program manager designated under section 1016 of 
the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
485), may consider the success of an employee in appropriately sharing 
information within the scope of the information sharing environment 
established under that section, including homeland security 
information, terrorism information, and weapons of mass destruction 
information, or national intelligence (as defined in section 3(5) of 
the National Security Act of 1947 (50 U.S.C. 401a(5)), in a manner 
consistent with any policies, guidelines, procedures, instructions, or 
standards established by the President or, as appropriate, the program 
manager of that environment for the implementation and management of 
that environment.
    ``(b) Other Incentives.--The head of each department or agency 
described in section 1016(i) of the Intelligence Reform and Terrorism 
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 Terrorism 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 participate fully 
in the information sharing environment, including--
        ``(1) promotions and other nonmonetary awards; and
        ``(2) publicizing information sharing accomplishments by 
    individual employees and, where appropriate, the tangible end 
    benefits that resulted.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended 
further by inserting after the item relating to section 206 the 
following:

``Sec. 207. Intelligence components.
``Sec. 208. Training for employees of intelligence components.
``Sec. 209. Intelligence training development for State and local 
          government officials.
``Sec. 210. Information sharing incentives.''.
    SEC. 504. INFORMATION SHARING.
    Section 1016 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (6 U.S.C. 485) is amended--
        (1) in subsection (a)--
            (A) by redesignating paragraphs (1) through (4) as 
        paragraphs (2) through (5), respectively;
            (B) by inserting before paragraph (2), as so redesignated, 
        the following:
        ``(1) Homeland security information.--The term `homeland 
    security information' has the meaning given that term in section 
    892(f) of the Homeland Security Act of 2002 (6 U.S.C. 482(f)).'';
            (C) by striking paragraph (3), as so redesignated, and 
        inserting the following:
        ``(3) Information sharing environment.--The terms `information 
    sharing environment' and `ISE' mean an approach that facilitates 
    the sharing of terrorism and homeland security information, which 
    may include any method determined necessary and appropriate for 
    carrying out this section.'';
            (D) by striking paragraph (5), as so redesignated, and 
        inserting the following:
        ``(5) Terrorism information.--The term `terrorism 
    information'--
            ``(A) means all information, whether collected, produced, 
        or distributed by intelligence, law enforcement, military, 
        homeland security, or other activities relating to--
                ``(i) the existence, organization, capabilities, plans, 
            intentions, vulnerabilities, means of finance or material 
            support, or activities of foreign or international 
            terrorist groups or individuals, or of domestic groups or 
            individuals involved in transnational terrorism;
                ``(ii) threats posed by such groups or individuals to 
            the United States, United States persons, or United States 
            interests, or to those of other nations;
                ``(iii) communications of or by such groups or 
            individuals; or
                ``(iv) groups or individuals reasonably believed to be 
            assisting or associated with such groups or individuals; 
            and
            ``(B) includes weapons of mass destruction information.''; 
        and
            (E) by adding at the end the following:
        ``(6) Weapons of mass destruction information.--The term 
    `weapons of mass destruction information' means information that 
    could reasonably be expected to assist in the development, 
    proliferation, or use of a weapon of mass destruction (including a 
    chemical, biological, radiological, or nuclear weapon) that could 
    be used by a terrorist or a terrorist organization against the 
    United States, including information about the location of any 
    stockpile of nuclear materials that could be exploited for use in 
    such a weapon that could be used by a terrorist or a terrorist 
    organization against the United States.'';
        (2) in subsection (b)(2)--
            (A) in subparagraph (H), by striking ``and'' at the end;
            (B) in subparagraph (I), by striking the period at the end 
        and inserting a semicolon; and
            (C) by adding at the end the following:
            ``(J) integrates the information within the scope of the 
        information sharing environment, including any such information 
        in legacy technologies;
            ``(K) integrates technologies, including all legacy 
        technologies, through Internet-based services, consistent with 
        appropriate security protocols and safeguards, to enable 
        connectivity among required users at the Federal, State, and 
        local levels;
            ``(L) allows the full range of analytic and operational 
        activities without the need to centralize information within 
        the scope of the information sharing environment;
            ``(M) permits analysts to collaborate both independently 
        and in a group (commonly known as `collective and noncollective 
        collaboration'), and across multiple levels of national 
        security information and controlled unclassified information;
            ``(N) provides a resolution process that enables changes by 
        authorized officials regarding rules and policies for the 
        access, use, and retention of information within the scope of 
        the information sharing environment; and
            ``(O) incorporates continuous, real-time, and immutable 
        audit capabilities, to the maximum extent practicable.'';
        (3) in subsection (f)--
            (A) in paragraph (1)--
                (i) by striking ``during the two-year period beginning 
            on the date of designation under this paragraph unless 
            sooner removed from service and replaced'' and inserting 
            ``until removed from service or replaced''; and
                (ii) by striking ``The program manager shall have and 
            exercise governmentwide authority.'' and inserting ``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, 
            including homeland security information, terrorism 
            information, and weapons of mass destruction information, 
            by all Federal departments, agencies, and components, 
            irrespective of the Federal department, agency, or 
            component in which the program manager may be 
            administratively located, except as otherwise expressly 
            provided by law.''; and
            (B) in paragraph (2)(A)--
                (i) by redesignating clause (iii) as clause (v); and
                (ii) by striking clause (ii) and inserting the 
            following:
                ``(ii) assist in the development of policies, as 
            appropriate, to foster the development and proper operation 
            of the ISE;
                ``(iii) consistent with the direction and policies 
            issued by the President, the Director of National 
            Intelligence, and the Director of the Office of Management 
            and Budget, issue governmentwide procedures, guidelines, 
            instructions, and functional standards, as appropriate, for 
            the management, development, and proper operation of the 
            ISE;
                ``(iv) identify and resolve information sharing 
            disputes between Federal departments, agencies, and 
            components; and'';
        (4) in subsection (g)--
            (A) in paragraph (1), by striking ``during the two-year 
        period beginning on the date of the initial designation of the 
        program manager by the President under subsection (f)(1), 
        unless sooner removed from service and replaced'' and inserting 
        ``until removed from service or replaced'';
            (B) in paragraph (2)--
                (i) in subparagraph (F), by striking ``and'' at the 
            end;
                (ii) by redesignating subparagraph (G) as subparagraph 
            (I); and
                (iii) by inserting after subparagraph (F) the 
            following:
            ``(G) assist the program manager in identifying and 
        resolving information sharing disputes between Federal 
        departments, agencies, and components;
            ``(H) identify appropriate personnel for assignment to the 
        program manager to support staffing needs identified by the 
        program manager; and'';
            (C) in paragraph (4), by inserting ``(including any 
        subsidiary group of the Information Sharing Council)'' before 
        ``shall not be subject''; and
            (D) by adding at the end the following:
        ``(5) Detailees.--Upon a request by the Director of National 
    Intelligence, the departments and agencies represented on the 
    Information Sharing Council shall detail to the program manager, on 
    a reimbursable basis, appropriate personnel identified under 
    paragraph (2)(H).'';
        (5) in subsection (h)(1), by striking ``and annually 
    thereafter'' and inserting ``and not later than June 30 of each 
    year thereafter''; and
        (6) by striking subsection (j) and inserting the following:
    ``(j) Report on the Information Sharing Environment.--
        ``(1) In general.--Not later than 180 days after the date of 
    enactment of the Implementing Recommendations of the 9/11 
    Commission Act of 2007, the President shall report to the Committee 
    on Homeland Security and Governmental Affairs of the Senate, the 
    Select Committee on Intelligence of the Senate, the Committee on 
    Homeland Security of the House of Representatives, and the 
    Permanent Select Committee on Intelligence of the House of 
    Representatives on the feasibility of--
            ``(A) eliminating the use of any marking or process 
        (including `Originator Control') intended to, or having the 
        effect of, restricting the sharing of information within the 
        scope of the information sharing environment, including 
        homeland security information, terrorism information, and 
        weapons of mass destruction information, between and among 
        participants in the information sharing environment, unless the 
        President has--
                ``(i) specifically exempted categories of information 
            from such elimination; and
                ``(ii) reported that exemption to the committees of 
            Congress described in the matter preceding this 
            subparagraph; and
            ``(B) continuing to use Federal agency standards in effect 
        on such date of enactment for the collection, sharing, and 
        access to information within the scope of the information 
        sharing environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, relating to citizens and lawful permanent 
        residents;
            ``(C) replacing the standards described in subparagraph (B) 
        with a standard that would allow mission-based or threat-based 
        permission to access or share information within the scope of 
        the information sharing environment, including homeland 
        security information, terrorism information, and weapons of 
        mass destruction information, for a particular purpose that the 
        Federal Government, through an appropriate process established 
        in consultation with the Privacy and Civil Liberties Oversight 
        Board established under section 1061, has determined to be 
        lawfully permissible for a particular agency, component, or 
        employee (commonly known as an `authorized use' standard); and
            ``(D) the use of anonymized data by Federal departments, 
        agencies, or components collecting, possessing, disseminating, 
        or handling information within the scope of the information 
        sharing environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, in any cases in which--
                ``(i) the use of such information is reasonably 
            expected to produce results materially equivalent to the 
            use of information that is transferred or stored in a non-
            anonymized form; and
                ``(ii) such use is consistent with any mission of that 
            department, agency, or component (including any mission 
            under a Federal statute or directive of the President) that 
            involves the storage, retention, sharing, or exchange of 
            personally identifiable information.
        ``(2) Definition.--In this subsection, the term `anonymized 
    data' means data in which the individual to whom the data pertains 
    is not identifiable with reasonable efforts, including information 
    that has been encrypted or hidden through the use of other 
    technology.
    ``(k) Additional Positions.--The program manager is authorized to 
hire not more than 40 full-time employees to assist the program manager 
in--
        ``(1) activities associated with the implementation of the 
    information sharing environment, including--
            ``(A) implementing the requirements under subsection 
        (b)(2); and
            ``(B) any additional implementation initiatives to enhance 
        and expedite the creation of the information sharing 
        environment; and
        ``(2) identifying and resolving information sharing disputes 
    between Federal departments, agencies, and components under 
    subsection (f)(2)(A)(iv).
    ``(l) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for each of fiscal 
years 2008 and 2009.''.

     Subtitle B--Homeland Security Information Sharing Partnerships

    SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND 
      REGIONAL FUSION CENTER INITIATIVE.
    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the 
end the following:
``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL 
FUSION CENTER INITIATIVE.
    ``(a) Establishment.--The Secretary, 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 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 Terrorism 
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a 
Department of Homeland Security State, Local, and Regional Fusion 
Center Initiative to establish partnerships with State, local, and 
regional fusion centers.
    ``(b) Department Support and Coordination.--Through the Department 
of Homeland Security State, Local, and Regional Fusion Center 
Initiative, and in coordination with the principal officials of 
participating State, local, or regional fusion centers and the officers 
designated as the Homeland Security Advisors of the States, the 
Secretary shall--
        ``(1) provide operational and intelligence advice and 
    assistance to State, local, and regional fusion centers;
        ``(2) support efforts to include State, local, and regional 
    fusion centers into efforts to establish an information sharing 
    environment;
        ``(3) conduct tabletop and 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;
        ``(4) coordinate with other relevant Federal entities engaged 
    in homeland security-related activities;
        ``(5) provide analytic and reporting advice and assistance to 
    State, local, and regional fusion centers;
        ``(6) review information within the scope of the information 
    sharing environment, including homeland security information, 
    terrorism information, and weapons of mass destruction information, 
    that is gathered by State, local, and regional fusion centers, and 
    to incorporate such information, as appropriate, into the 
    Department's own such information;
        ``(7) provide management assistance to State, local, and 
    regional fusion centers;
        ``(8) serve as a point of contact to ensure the dissemination 
    of information within the scope of the information sharing 
    environment, including homeland security information, terrorism 
    information, and weapons of mass destruction information;
        ``(9) facilitate close communication and coordination between 
    State, local, and regional fusion centers and the Department;
        ``(10) provide State, local, and regional fusion centers with 
    expertise on Department resources and operations;
        ``(11) provide training to State, local, and regional fusion 
    centers and encourage such fusion centers to participate in 
    terrorism threat-related exercises conducted by the Department; and
        ``(12) carry out such other duties as the Secretary determines 
    are appropriate.
    ``(c) Personnel Assignment.--
        ``(1) In general.--The Under Secretary for Intelligence and 
    Analysis shall, to the maximum extent practicable, assign officers 
    and intelligence analysts from components of the Department to 
    participating State, local, and regional fusion centers.
        ``(2) Personnel sources.--Officers and intelligence analysts 
    assigned to participating fusion centers under this subsection may 
    be assigned from the following Department components, in 
    coordination with the respective component head and in consultation 
    with the principal officials of participating fusion centers:
            ``(A) Office of Intelligence and Analysis.
            ``(B) Office of Infrastructure Protection.
            ``(C) Transportation Security Administration.
            ``(D) United States Customs and Border Protection.
            ``(E) United States Immigration and Customs Enforcement.
            ``(F) United States Coast Guard.
            ``(G) Other components of the Department, as determined by 
        the Secretary.
        ``(3) Qualifying criteria.--
            ``(A) In general.--The Secretary shall develop qualifying 
        criteria for a fusion center to participate in the assigning of 
        Department officers or intelligence analysts under this 
        section.
            ``(B) Criteria.--Any criteria developed under subparagraph 
        (A) may include--
                ``(i) whether the fusion center, through its mission 
            and governance structure, focuses on a broad 
            counterterrorism approach, and whether that broad approach 
            is pervasive through all levels of the organization;
                ``(ii) whether the fusion center has sufficient numbers 
            of adequately trained personnel to support a broad 
            counterterrorism mission;
                ``(iii) whether the fusion center has--

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

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

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

                ``(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 
            consultation with the Privacy and Civil Liberties Oversight 
            Board established under section 1061 of the Intelligence 
            Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 
            note); and
                ``(iii) such other training prescribed by the Under 
            Secretary for Intelligence and Analysis.
            ``(B) Prior work experience in area.--In determining the 
        eligibility of an officer or intelligence analyst to be 
        assigned to a fusion center under this section, the Under 
        Secretary for Intelligence and Analysis shall consider the 
        familiarity of the officer or intelligence analyst with the 
        State, locality, or region, as determined by such factors as 
        whether the officer or intelligence analyst--
                ``(i) has been previously assigned in the geographic 
            area; or
                ``(ii) has previously worked with intelligence 
            officials or law enforcement or other emergency response 
            providers from that State, locality, or region.
        ``(5) Expedited security clearance processing.--The Under 
    Secretary for Intelligence and Analysis--
            ``(A) shall ensure that each officer or intelligence 
        analyst assigned to a fusion center under this section has the 
        appropriate security clearance to contribute effectively to the 
        mission of the fusion center; and
            ``(B) may request that security clearance processing be 
        expedited for each such officer or intelligence analyst and may 
        use available funds for such purpose.
        ``(6) Further qualifications.--Each officer or intelligence 
    analyst assigned to a fusion center under this section shall 
    satisfy any other qualifications the Under Secretary for 
    Intelligence and Analysis may prescribe.
    ``(d) Responsibilities.--An officer or intelligence analyst 
assigned to a fusion center under this section shall--
        ``(1) assist law enforcement agencies and other emergency 
    response providers of State, local, and tribal governments and 
    fusion center personnel in using information within the scope of 
    the information sharing environment, including homeland security 
    information, terrorism information, and weapons of mass destruction 
    information, to develop a comprehensive and accurate threat 
    picture;
        ``(2) review homeland security-relevant information from law 
    enforcement agencies and other emergency response providers of 
    State, local, and tribal government;
        ``(3) create intelligence and other information products 
    derived from such information and other homeland security-relevant 
    information provided by the Department; and
        ``(4) assist in the dissemination of such products, as 
    coordinated by the Under Secretary for Intelligence and Analysis, 
    to law enforcement agencies and other emergency response providers 
    of State, local, and tribal government, other fusion centers, and 
    appropriate Federal agencies.
    ``(e) Border Intelligence Priority.--
        ``(1) In general.--The Secretary shall make it a priority to 
    assign officers and intelligence analysts under this section from 
    United States Customs and Border Protection, United States 
    Immigration and Customs Enforcement, and the Coast Guard to 
    participating State, local, and regional fusion centers located in 
    jurisdictions along land or maritime borders of the United States 
    in order to enhance the integrity of and security at such borders 
    by helping Federal, State, local, and tribal law enforcement 
    authorities to identify, investigate, and otherwise interdict 
    persons, weapons, and related contraband that pose a threat to 
    homeland security.
        ``(2) Border intelligence products.--When performing the 
    responsibilities described in subsection (d), officers and 
    intelligence analysts assigned to participating State, local, and 
    regional fusion centers under this section shall have, as a primary 
    responsibility, the creation of border intelligence products that--
            ``(A) assist State, local, and tribal law enforcement 
        agencies in deploying their resources most efficiently to help 
        detect and interdict terrorists, weapons of mass destruction, 
        and related contraband at land or maritime borders of the 
        United States;
            ``(B) promote more consistent and timely sharing of border 
        security-relevant information among jurisdictions along land or 
        maritime borders of the United States; and
            ``(C) enhance the Department's situational awareness of the 
        threat of acts of terrorism at or involving the land or 
        maritime borders of the United States.
    ``(f) Database Access.--In order to fulfill the objectives 
described under subsection (d), each officer or intelligence analyst 
assigned to a fusion center under this section shall have appropriate 
access to all relevant Federal databases and information systems, 
consistent with any policies, guidelines, procedures, instructions, or 
standards established by the President or, as appropriate, the program 
manager of the information sharing environment for the implementation 
and management of that environment.
    ``(g) Consumer Feedback.--
        ``(1) In general.--The Secretary shall create a voluntary 
    mechanism for any State, local, or tribal law enforcement officer 
    or other emergency response provider who is a consumer of the 
    intelligence or other information products referred to in 
    subsection (d) to provide feedback to the Department on the quality 
    and utility of such intelligence products.
        ``(2) Report.--Not later than one year after the date of the 
    enactment of the Implementing Recommendations of the 9/11 
    Commission Act of 2007, 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 that includes a description of 
    the consumer feedback obtained under paragraph (1) and, if 
    applicable, how the Department has adjusted its production of 
    intelligence products in response to that consumer feedback.
    ``(h) Rule of Construction.--
        ``(1) In general.--The authorities granted under this section 
    shall supplement the authorities granted under section 201(d) and 
    nothing in this section shall be construed to abrogate the 
    authorities granted under section 201(d).
        ``(2) Participation.--Nothing in this section shall be 
    construed to require a State, local, or regional government or 
    entity to accept the assignment of officers or intelligence 
    analysts of the Department into the fusion center of that State, 
    locality, or region.
    ``(i) Guidelines.--The Secretary, in consultation with the Attorney 
General, shall establish guidelines for fusion centers created and 
operated by State and local governments, to include standards that any 
such fusion center shall--
        ``(1) collaboratively develop a mission statement, identify 
    expectations and goals, measure performance, and determine 
    effectiveness for that fusion center;
        ``(2) create a representative governance structure that 
    includes law enforcement officers and other emergency response 
    providers and, as appropriate, the private sector;
        ``(3) create a collaborative environment for the sharing of 
    intelligence and information among Federal, State, local, and 
    tribal government agencies (including law enforcement officers and 
    other emergency response providers), the private sector, and the 
    public, consistent with any policies, guidelines, procedures, 
    instructions, or standards established by the President or, as 
    appropriate, the program manager of the information sharing 
    environment;
        ``(4) leverage the databases, systems, and networks available 
    from public and private sector entities, in accordance with all 
    applicable laws, to maximize information sharing;
        ``(5) develop, publish, and adhere to a privacy and civil 
    liberties policy consistent with Federal, State, and local law;
        ``(6) provide, in coordination with the Privacy Officer of the 
    Department and the Officer for Civil Rights and Civil Liberties of 
    the Department, appropriate privacy and civil liberties training 
    for all State, local, tribal, and private sector representatives at 
    the fusion center;
        ``(7) ensure appropriate security measures are in place for the 
    facility, data, and personnel;
        ``(8) select and train personnel based on the needs, mission, 
    goals, and functions of that fusion center;
        ``(9) offer a variety of intelligence and information services 
    and products to recipients of fusion center intelligence and 
    information; and
        ``(10) incorporate law enforcement officers, other emergency 
    response providers, and, as appropriate, the private sector, into 
    all relevant phases of the intelligence and fusion process, 
    consistent with the mission statement developed under paragraph 
    (1), either through full time representatives or liaison 
    relationships with the fusion center to enable the receipt and 
    sharing of information and intelligence.
    ``(j) Definitions.--In this section--
        ``(1) 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;
        ``(2) 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);
        ``(3) the term `intelligence analyst' means an individual who 
    regularly advises, administers, supervises, or performs work in the 
    collection, gathering, 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;
        ``(4) 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
        ``(5) the term `terrorism information' has the meaning given 
    that term in section 1016 of the Intelligence Reform and Terrorism 
    Prevention Act of 2004 (6 U.S.C. 485).
    ``(k) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 for each of fiscal years 2008 through 2012, to 
carry out this section, except for subsection (i), including for hiring 
officers and intelligence analysts to replace officers and intelligence 
analysts who are assigned to fusion centers under this section.''.
    (b) Training for Predeployed Officers and Analysts.--An officer or 
analyst assigned to a fusion center by the Secretary of Homeland 
Security before the date of the enactment of this Act shall undergo the 
training described in section 210A(c)(4)(A) of the Homeland Security 
Act of 2002, as added by subsection (a), by not later than 6 months 
after such date.
    (c) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is further amended by inserting after the item relating to 
section 210 the following:

``Sec. 210A. Department of Homeland Security State, Local, and Regional 
          Information Fusion Center Initiative.''.

    (d) Reports.--
        (1) Concept of operations.--Not later than 90 days after the 
    date of enactment of this Act and before the Department of Homeland 
    Security State, Local, and Regional Fusion Center Initiative under 
    section 210A 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 Terrorism Prevention Act of 2004 (5 U.S.C. 
    601 note), shall submit to the Committee on Homeland Security and 
    Governmental Affairs of the Senate and the Committee on Homeland 
    Security of the House of Representatives a report that contains a 
    concept of operations for the program, which shall--
            (A) include a clear articulation of the purposes, goals, 
        and specific objectives for which the program is being 
        developed;
            (B) identify stakeholders in the program and provide an 
        assessment of their needs;
            (C) contain a developed set of quantitative metrics to 
        measure, to the extent possible, program output;
            (D) contain a developed set of qualitative instruments 
        (including surveys and expert interviews) to assess the extent 
        to which stakeholders believe their needs are being met; and
            (E) include a privacy and civil liberties impact 
        assessment.
        (2) Privacy and civil liberties.--Not later than 1 year after 
    the date of the enactment of this Act, the Privacy Officer of the 
    Department of Homeland Security and the Officer for Civil Liberties 
    and Civil Rights of the Department of Homeland Security, consistent 
    with any policies of 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), 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, the Secretary of Homeland Security, the Under 
    Secretary of Homeland Security for Intelligence and Analysis, and 
    the Privacy and Civil Liberties Oversight Board a report on the 
    privacy and civil liberties impact of the program.
    SEC. 512. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
    (a) Establishment of Program.--Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended 
by adding at the end the following:
``SEC. 210B. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
    ``(a) Establishment.--
        ``(1) In general.--The Secretary, acting through the Under 
    Secretary for Intelligence and Analysis, and in consultation with 
    the Chief Human Capital Officer, shall establish a fellowship 
    program in accordance with this section for the purpose of--
            ``(A) detailing State, local, and tribal law enforcement 
        officers and intelligence analysts to the Department in 
        accordance with subchapter VI of chapter 33 of title 5, United 
        States Code, to participate in the work of the Office of 
        Intelligence and Analysis in order to become familiar with--
                ``(i) the relevant missions and capabilities of the 
            Department and other Federal agencies; and
                ``(ii) the role, programs, products, and personnel of 
            the Office of Intelligence and Analysis; and
            ``(B) promoting information sharing between the Department 
        and State, local, and tribal law enforcement officers and 
        intelligence analysts by assigning such officers and analysts 
        to--
                ``(i) serve as a point of contact in the Department to 
            assist in the representation of State, local, and tribal 
            information requirements;
                ``(ii) identify information within the scope of the 
            information sharing environment, including homeland 
            security information, terrorism information, and weapons of 
            mass destruction information, that is of interest to State, 
            local, and tribal law enforcement officers, intelligence 
            analysts, and other emergency response providers;
                ``(iii) assist Department analysts in preparing and 
            disseminating products derived from information within the 
            scope of the information sharing environment, including 
            homeland security information, terrorism information, and 
            weapons of mass destruction information, that are tailored 
            to State, local, and tribal law enforcement officers and 
            intelligence analysts and designed to prepare for and 
            thwart acts of terrorism; and
                ``(iv) assist Department analysts in preparing products 
            derived from information within the scope of the 
            information sharing environment, including homeland 
            security information, terrorism information, and weapons of 
            mass destruction information, that are tailored to State, 
            local, and tribal emergency response providers and assist 
            in the dissemination of such products through appropriate 
            Department channels.
        ``(2) Program name.--The program under this section shall be 
    known as the `Homeland Security Information Sharing Fellows 
    Program'.
    ``(b) Eligibility.--
        ``(1) In general.--In order to be eligible for selection as an 
    Information Sharing Fellow under the program under this section, an 
    individual shall--
            ``(A) have homeland security-related responsibilities;
            ``(B) be eligible for an appropriate security clearance;
            ``(C) possess a valid need for access to classified 
        information, as determined by the Under Secretary for 
        Intelligence and Analysis;
            ``(D) be an employee of an eligible entity; and
            ``(E) have undergone appropriate privacy and civil 
        liberties training that is developed, supported, or sponsored 
        by the Privacy Officer and the Officer for Civil Rights and 
        Civil Liberties, in consultation 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).
        ``(2) Eligible entities.--In this subsection, the term 
    `eligible entity' means--
            ``(A) a State, local, or regional fusion center;
            ``(B) a State or local law enforcement or other government 
        entity that serves a major metropolitan area, suburban area, or 
        rural area, as determined by the Secretary;
            ``(C) a State or local law enforcement or other government 
        entity with port, border, or agricultural responsibilities, as 
        determined by the Secretary;
            ``(D) a tribal law enforcement or other authority; or
            ``(E) such other entity as the Secretary determines is 
        appropriate.
    ``(c) Optional Participation.--No State, local, or tribal law 
enforcement or other government entity shall be required to participate 
in the Homeland Security Information Sharing Fellows Program.
    ``(d) Procedures for Nomination and Selection.--
        ``(1) In general.--The Under Secretary for Intelligence and 
    Analysis shall establish procedures to provide for the nomination 
    and selection of individuals to participate in the Homeland 
    Security Information Sharing Fellows Program.
        ``(2) Limitations.--The Under Secretary for Intelligence and 
    Analysis shall--
            ``(A) select law enforcement officers and intelligence 
        analysts representing a broad cross-section of State, local, 
        and tribal agencies; and
            ``(B) ensure that the number of Information Sharing Fellows 
        selected does not impede the activities of the Office of 
        Intelligence and Analysis.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is further amended by inserting after the item relating to 
section 210A the following:

``Sec. 210B. Homeland Security Information Sharing Fellows Program.''.

    (c) Reports.--
        (1) Concept of operations.--Not later than 90 days after the 
    date of enactment of this Act, and before the implementation of the 
    Homeland Security Information Sharing Fellows Program under section 
    210B 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 
    Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit 
    to the Committee on Homeland Security and Governmental Affairs of 
    the Senate and the Committee on Homeland Security of the House of 
    Representatives a report that contains a concept of operations for 
    the Program, which shall include a privacy and civil liberties 
    impact assessment.
        (2) Review of privacy impact.--Not later than 1 year after the 
    date on which the program is implemented, the Privacy Officer of 
    the Department and the Officer for Civil Rights and Civil Liberties 
    of the Department, consistent with any policies of 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), 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, the Secretary 
    of Homeland Security, the Under Secretary of Homeland Security for 
    Intelligence and Analysis, and the Privacy and Civil Liberties 
    Oversight Board, a report on the privacy and civil liberties impact 
    of the program.
    SEC. 513. RURAL POLICING INSTITUTE.
    (a) Establishment.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the 
end the following:
``SEC. 210C. RURAL POLICING INSTITUTE.
    ``(a) In General.--The Secretary shall establish a Rural Policing 
Institute, which shall be administered by the Federal Law Enforcement 
Training Center, to target training to law enforcement agencies and 
other emergency response providers located in rural areas. The 
Secretary, through the Rural Policing Institute, shall--
        ``(1) evaluate the needs of law enforcement agencies and other 
    emergency response providers in rural areas;
        ``(2) develop expert training programs designed to address the 
    needs of law enforcement agencies and other emergency response 
    providers in rural areas as identified in the evaluation conducted 
    under paragraph (1), including training programs about 
    intelligence-led policing and protections for privacy, civil 
    rights, and civil liberties;
        ``(3) provide the training programs developed under paragraph 
    (2) to law enforcement agencies and other emergency response 
    providers in rural areas; and
        ``(4) conduct outreach efforts to ensure that local and tribal 
    governments in rural areas are aware of the training programs 
    developed under paragraph (2) so they can avail themselves of such 
    programs.
    ``(b) Curricula.--The training at the Rural Policing Institute 
established under subsection (a) shall--
        ``(1) be configured in a manner so as not to duplicate or 
    displace any law enforcement or emergency response program of the 
    Federal Law Enforcement Training Center or a local or tribal 
    government entity in existence on the date of enactment of the 
    Implementing Recommendations of the 9/11 Commission Act of 2007; 
    and
        ``(2) to the maximum extent practicable, be delivered in a 
    cost-effective manner at facilities of the Department, on closed 
    military installations with adequate training facilities, or at 
    facilities operated by the participants.
    ``(c) Definition.--In this section, the term `rural' means an area 
that is not located in a metropolitan statistical area, as defined by 
the Office of Management and Budget.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section (including for contracts, staff, 
and equipment)--
        ``(1) $10,000,000 for fiscal year 2008; and
        ``(2) $5,000,000 for each of fiscal years 2009 through 2013.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by inserting after the item relating to 
section 210B the following:

``Sec. 210C. Rural Policing Institute.''.

    Subtitle C--Interagency Threat Assessment and Coordination Group

    SEC. 521. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.
    (a) Establishment.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the 
end the following:
``SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.
    ``(a) In General.--To improve the sharing of information within the 
scope of the information sharing environment established under section 
1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
U.S.C. 485) with State, local, tribal, and private sector officials, 
the Director of National Intelligence, through the program manager for 
the information sharing environment, in coordination with the 
Secretary, shall coordinate and oversee the creation of an Interagency 
Threat Assessment and Coordination Group (referred to in this section 
as the `ITACG').
    ``(b) Composition of ITACG.--The ITACG shall consist of--
        ``(1) an ITACG Advisory Council to set policy and develop 
    processes for the integration, analysis, and dissemination of 
    federally-coordinated information within the scope of the 
    information sharing environment, including homeland security 
    information, terrorism information, and weapons of mass destruction 
    information; and
        ``(2) an ITACG Detail comprised of State, local, and tribal 
    homeland security and law enforcement officers and intelligence 
    analysts detailed to work in the National Counterterrorism Center 
    with Federal intelligence analysts for the purpose of integrating, 
    analyzing, and assisting in the dissemination of federally-
    coordinated information within the scope of the information sharing 
    environment, including homeland security information, terrorism 
    information, and weapons of mass destruction information, through 
    appropriate channels identified by the ITACG Advisory Council.
    ``(c) Responsibilities of Program Manager.--The program manager, in 
consultation with the Information Sharing Council, shall--
        ``(1) monitor and assess the efficacy of the ITACG; and
        ``(2) not later than 180 days after the date of the enactment 
    of the Implementing Recommendations of the 9/11 Commission Act of 
    2007, and at least annually thereafter, submit to the Secretary, 
    the Attorney General, the Director of National Intelligence, 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 progress of the ITACG.
    ``(d) Responsibilities of Secretary.--The Secretary, or the 
Secretary's designee, in coordination with the Director of the National 
Counterterrorism Center and the ITACG Advisory Council, shall--
        ``(1) create policies and standards for the creation of 
    information products derived from information within the scope of 
    the information sharing environment, including homeland security 
    information, terrorism information, and weapons of mass destruction 
    information, that are suitable for dissemination to State, local, 
    and tribal governments and the private sector;
        ``(2) evaluate and develop processes for the timely 
    dissemination of federally-coordinated information within the scope 
    of the information sharing environment, including homeland security 
    information, terrorism information, and weapons of mass destruction 
    information, to State, local, and tribal governments and the 
    private sector;
        ``(3) establish criteria and a methodology for indicating to 
    State, local, and tribal governments and the private sector the 
    reliability of information within the scope of the information 
    sharing environment, including homeland security information, 
    terrorism information, and weapons of mass destruction information, 
    disseminated to them;
        ``(4) educate the intelligence community about the requirements 
    of the State, local, and tribal homeland security, law enforcement, 
    and other emergency response providers regarding information within 
    the scope of the information sharing environment, including 
    homeland security information, terrorism information, and weapons 
    of mass destruction information;
        ``(5) establish and maintain the ITACG Detail, which shall 
    assign an appropriate number of State, local, and tribal homeland 
    security and law enforcement officers and intelligence analysts to 
    work in the National Counterterrorism Center who shall--
            ``(A) educate and advise National Counterterrorism Center 
        intelligence analysts about the requirements of the State, 
        local, and tribal homeland security and law enforcement 
        officers, and other emergency response providers regarding 
        information within the scope of the information sharing 
        environment, including homeland security information, terrorism 
        information, and weapons of mass destruction information;
            ``(B) assist National Counterterrorism Center intelligence 
        analysts in integrating, analyzing, and otherwise preparing 
        versions of products derived from information within the scope 
        of the information sharing environment, including homeland 
        security information, terrorism information, and weapons of 
        mass destruction information that are unclassified or 
        classified at the lowest possible level and suitable for 
        dissemination to State, local, and tribal homeland security and 
        law enforcement agencies in order to help deter and prevent 
        terrorist attacks;
            ``(C) implement, in coordination with National 
        Counterterrorism Center intelligence analysts, the policies, 
        processes, procedures, standards, and guidelines developed by 
        the ITACG Advisory Council;
            ``(D) assist in the dissemination of products derived from 
        information within the scope of the information sharing 
        environment, including homeland security information, terrorism 
        information, and weapons of mass destruction information, to 
        State, local, and tribal jurisdictions only through appropriate 
        channels identified by the ITACG Advisory Council; and
            ``(E) report directly to the senior intelligence official 
        from the Department under paragraph (6);
        ``(6) detail a senior intelligence official from the Department 
    of Homeland Security to the National Counterterrorism Center, who 
    shall--
            ``(A) manage the day-to-day operations of the ITACG Detail;
            ``(B) report directly to the Director of the National 
        Counterterrorism Center or the Director's designee; and
            ``(C) in coordination with the Director of the Federal 
        Bureau of Investigation, and subject to the approval of the 
        Director of the National Counterterrorism Center, select a 
        deputy from the pool of available detailees from the Federal 
        Bureau of Investigation in the National Counterterrorism 
        Center; and
        ``(7) establish, within the ITACG Advisory Council, a mechanism 
    to select law enforcement officers and intelligence analysts for 
    placement in the National Counterterrorism Center consistent with 
    paragraph (5), using criteria developed by the ITACG Advisory 
    Council that shall encourage participation from a broadly 
    representative group of State, local, and tribal homeland security 
    and law enforcement agencies.
    ``(e) Membership.--The Secretary, or the Secretary's designee, 
shall serve as the chair of the ITACG Advisory Council, which shall 
include--
        ``(1) representatives of--
            ``(A) the Department;
            ``(B) the Federal Bureau of Investigation;
            ``(C) the National Counterterrorism Center;
            ``(D) the Department of Defense;
            ``(E) the Department of Energy;
            ``(F) the Department of State; and
            ``(G) other Federal entities as appropriate;
        ``(2) the program manager of the information sharing 
    environment, designated under section 1016(f) of the Intelligence 
    Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)), or 
    the program manager's designee; and
        ``(3) executive level law enforcement and intelligence 
    officials from State, local, and tribal governments.
    ``(f) Criteria.--The Secretary, 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 Terrorism Prevention Act of 2004 (6 
U.S.C. 485), shall--
        ``(1) establish procedures for selecting members of the ITACG 
    Advisory Council and for the proper handling and safeguarding of 
    products derived from information within the scope of the 
    information sharing environment, including homeland security 
    information, terrorism information, and weapons of mass destruction 
    information, by those members; and
        ``(2) ensure that at least 50 percent of the members of the 
    ITACG Advisory Council are from State, local, and tribal 
    governments.
    ``(g) Operations.--
        ``(1) In general.--Beginning not later than 90 days after the 
    date of enactment of the Implementing Recommendations of the 9/11 
    Commission Act of 2007, the ITACG Advisory Council shall meet 
    regularly, but not less than quarterly, at the facilities of the 
    National Counterterrorism Center of the Office of the Director of 
    National Intelligence.
        ``(2) Management.--Pursuant to section 119(f)(E) of the 
    National Security Act of 1947 (50 U.S.C. 404o(f)(E)), the Director 
    of the National Counterterrorism Center, acting through the senior 
    intelligence official from the Department of Homeland Security 
    detailed pursuant to subsection (d)(6), shall ensure that--
            ``(A) the products derived from information within the 
        scope of the information sharing environment, including 
        homeland security information, terrorism information, and 
        weapons of mass destruction information, prepared by the 
        National Counterterrorism Center and the ITACG Detail for 
        distribution to State, local, and tribal homeland security and 
        law enforcement agencies reflect the requirements of such 
        agencies and are produced consistently with the policies, 
        processes, procedures, standards, and guidelines established by 
        the ITACG Advisory Council;
            ``(B) in consultation with the ITACG Advisory Council and 
        consistent with sections 102A(f)(1)(B)(iii) and 119(f)(E) of 
        the National Security Act of 1947 (50 U.S.C. 402 et seq.), all 
        products described in subparagraph (A) are disseminated through 
        existing channels of the Department and the Department of 
        Justice and other appropriate channels to State, local, and 
        tribal government officials and other entities;
            ``(C) all detailees under subsection (d)(5) have 
        appropriate access to all relevant information within the scope 
        of the information sharing environment, including homeland 
        security information, terrorism information, and weapons of 
        mass destruction information, available at the National 
        Counterterrorism Center in order to accomplish the objectives 
        under that paragraph;
            ``(D) all detailees under subsection (d)(5) have the 
        appropriate security clearances and are trained in the 
        procedures for handling, processing, storing, and disseminating 
        classified products derived from information within the scope 
        of the information sharing environment, including homeland 
        security information, terrorism information, and weapons of 
        mass destruction information; and
            ``(E) all detailees under subsection (d)(5) complete 
        appropriate privacy and civil liberties training.
    ``(h) Inapplicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
ITACG or any subsidiary groups thereof.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2008 through 2012 to carry out this section, including to obtain 
security clearances for the State, local, and tribal participants in 
the ITACG.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 
210C the following:

``Sec. 210D. Interagency Threat Assessment and Coordination Group.''.

    (c) Privacy and Civil Liberties Impact Assessment.--Not later than 
90 days after the date of the enactment of this Act, the Privacy 
Officer and the Officer for Civil Rights and Civil Liberties of the 
Department of Homeland Security and the Chief Privacy and Civil 
Liberties Officer for the Department of Justice, in consultation with 
the Civil Liberties Protection Officer of the Office of the Director of 
National Intelligence, shall submit to the Secretary of Homeland 
Security, the Director of the Federal Bureau of Investigation, the 
Attorney General, the Director of the National Counterterrorism Center, 
the Director of National Intelligence, the Privacy and Civil Liberties 
Oversight Board, and the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on Homeland Security 
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, a privacy and civil liberties impact 
assessment of the Interagency Threat Assessment and Coordination Group 
under section 210D of the Homeland Security Act of 2002, as added by 
subsection (a), including the use of State, local, and tribal detailees 
at the National Counterterrorism Center, as described in subsection 
(d)(5) of that section.

   Subtitle D--Homeland Security Intelligence Offices Reorganization

    SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF 
      INFRASTRUCTURE PROTECTION.
    (a) In General.--Section 201 of the Homeland Security Act of 2002 
(6 U.S.C. 201) is amended--
        (1) in the section heading, by striking ``directorate for 
    information'' and inserting ``information and'';
        (2) by striking subsections (a) through (c) and inserting the 
    following:
    ``(a) Intelligence and Analysis and Infrastructure Protection.--
There shall be in the Department an Office of Intelligence and Analysis 
and an Office of Infrastructure Protection.
    ``(b) Under Secretary for Intelligence and Analysis and Assistant 
Secretary for Infrastructure Protection.--
        ``(1) Office of intelligence and analysis.--The Office of 
    Intelligence and Analysis shall be headed by an Under Secretary for 
    Intelligence and Analysis, who shall be appointed by the President, 
    by and with the advice and consent of the Senate.
        ``(2) Chief intelligence officer.--The Under Secretary for 
    Intelligence and Analysis shall serve as the Chief Intelligence 
    Officer of the Department.
        ``(3) Office of infrastructure protection.--The Office of 
    Infrastructure Protection shall be headed by an Assistant Secretary 
    for Infrastructure Protection, who shall be appointed by the 
    President.
    ``(c) Discharge of Responsibilities.--The Secretary shall ensure 
that the responsibilities of the Department relating to information 
analysis and infrastructure protection, including those described in 
subsection (d), are carried out through the Under Secretary for 
Intelligence and Analysis or the Assistant Secretary for Infrastructure 
Protection, as appropriate.'';
        (3) in subsection (d)--
            (A) in the subsection heading, by striking ``Under 
        Secretary'' and inserting ``Secretary Relating To Intelligence 
        and Analysis and Infrastructure Protection'';
            (B) in the matter preceding paragraph (1), by striking 
        ``Subject to the direction'' and all that follows through 
        ``Infrastructure Protection'' and inserting the following: 
        ``The responsibilities of the Secretary relating to 
        intelligence and analysis and infrastructure protection'';
            (C) in paragraph (9), as redesignated under section 
        510(a)(2)(A)(ii), by striking ``Director of Central 
        Intelligence'' and inserting ``Director of National 
        Intelligence'';
            (D) in paragraph (11)(B), as so redesignated, by striking 
        ``Director of Central Intelligence'' and inserting ``Director 
        of National Intelligence'';
            (E) by redesignating paragraph (18), as so redesignated, as 
        paragraph (24); and
            (F) by inserting after paragraph (17), as so redesignated, 
        the following:
        ``(18) To coordinate and enhance integration among the 
    intelligence components of the Department, including through 
    strategic oversight of the intelligence activities of such 
    components.
        ``(19) To establish the intelligence collection, processing, 
    analysis, and dissemination priorities, policies, processes, 
    standards, guidelines, and procedures for the intelligence 
    components of the Department, consistent with any directions from 
    the President and, as applicable, the Director of National 
    Intelligence.
        ``(20) To establish a structure and process to support the 
    missions and goals of the intelligence components of the 
    Department.
        ``(21) To ensure that, whenever possible, the Department--
            ``(A) produces and disseminates unclassified reports and 
        analytic products based on open-source information; and
            ``(B) produces and disseminates such reports and analytic 
        products contemporaneously with reports or analytic products 
        concerning the same or similar information that the Department 
        produced and disseminated in a classified format.
        ``(22) To establish within the Office of Intelligence and 
    Analysis an internal continuity of operations plan.
        ``(23) Based on intelligence priorities set by the President, 
    and guidance from the Secretary and, as appropriate, the Director 
    of National Intelligence--
            ``(A) to provide to the heads of each intelligence 
        component of the Department guidance for developing the budget 
        pertaining to the activities of such component; and
            ``(B) to present to the Secretary a recommendation for a 
        consolidated budget for the intelligence components of the 
        Department, together with any comments from the heads of such 
        components.'';
        (4) in subsection (e)(1)--
            (A) by striking ``Directorate'' the first place that term 
        appears and inserting ``Office of Intelligence and Analysis and 
        the Office of Infrastructure Protection''; and
            (B) by striking ``the Directorate in discharging'' and 
        inserting ``such offices in discharging'';
        (5) in subsection (f)(1), by striking ``Directorate'' and 
    inserting ``Office of Intelligence and Analysis and the Office of 
    Infrastructure Protection''; and
        (6) In subsection (g), in the matter preceding paragraph (1), 
    by striking ``Under Secretary for Information Analysis and 
    Infrastructure Protection'' and inserting ``Office of Intelligence 
    and Analysis and the Office of Infrastructure Protection''.
    (b) Technical and Conforming Amendments.--
        (1) In general.--Such Act is further amended--
            (A) in section 223, by striking ``Under Secretary for 
        Information Analysis and Infrastructure Protection'' and 
        inserting ``Under Secretary for Intelligence and Analysis, in 
        cooperation with the Assistant Secretary for Infrastructure 
        Protection'';
            (B) in section 224, by striking ``Under Secretary for 
        Information Analysis and Infrastructure Protection'' and 
        inserting ``Assistant Secretary for Infrastructure 
        Protection'';
            (C) in section 302(3), by striking ``Under Secretary for 
        Information Analysis and Infrastructure Protection'' and 
        inserting ``Under Secretary for Intelligence and Analysis and 
        the Assistant Secretary for Infrastructure Protection''; and
            (D) in section 521(d)--
                (i) in paragraph (1), by striking ``Directorate for 
            Information Analysis and Infrastructure Protection'' and 
            inserting ``Office of Intelligence and Analysis''; and
                (ii) in paragraph (2), by striking ``Under Secretary 
            for Information Analysis and Infrastructure Protection'' 
            and inserting ``Under Secretary for Intelligence and 
            Analysis''.
        (2) Additional under secretary.--Section 103(a) of the Homeland 
    Security Act of 2002 (6 U.S.C. 113(a)) is amended--
            (A) by redesignating paragraphs (8) and (9) as paragraphs 
        (9) and (10), respectively; and
            (B) by inserting after paragraph (7) the following:
        ``(8) An Under Secretary responsible for overseeing critical 
    infrastructure protection, cybersecurity, and other related 
    programs of the Department.''.
        (3) Heading.--Subtitle A of title II of the Homeland Security 
    Act of 2002 (6 U.S.C. 121 et seq.) is amended in the subtitle 
    heading by striking ``Directorate for Information'' and inserting 
    ``Information and''.
        (4) Table of contents.--The Homeland Security Act of 2002 (6 
    U.S.C. 101 et seq.) is amended in the table of contents in section 
    1(b) by striking the items relating to subtitle A of title II and 
    section 201 and inserting the following:

 ``Subtitle A--Information and Analysis and Infrastructure Protection; 
                          Access to Information

``Sec. 201. Information and Analysis and Infrastructure Protection.''.

        (5) National security act of 1947.--Section 106(b)(2)(I) of the 
    National Security Act of 1947 (50 U.S.C. 403-6) is amended to read 
    as follows:
            ``(I) The Under Secretary of Homeland Security for 
        Intelligence and Analysis.''.
    (c) Treatment of Incumbent.--The individual administratively 
performing the duties of the Under Secretary for Intelligence and 
Analysis as of the date of the enactment of this Act may continue to 
perform such duties after the date on which the President nominates an 
individual to serve as the Under Secretary pursuant to section 201 of 
the Homeland Security Act of 2002, as amended by this section, and 
until the individual so appointed assumes the duties of the position.

              Subtitle E--Authorization of Appropriations

    SEC. 541. AUTHORIZATION OF APPROPRIATIONS.
    There is authorized to be appropriated for each of fiscal years 
2008 through 2012 such sums as may be necessary to carry out this title 
and the amendments made by this title.

           TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

    SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING 
      INFORMATION.
    (a) Amounts Appropriated Each Fiscal Year.--Not later than 30 days 
after the end of each fiscal year beginning with fiscal year 2007, the 
Director of National Intelligence shall disclose to the public the 
aggregate amount of funds appropriated by Congress for the National 
Intelligence Program for such fiscal year.
    (b) Waiver.--Beginning with fiscal year 2009, the President may 
waive or postpone the disclosure required by subsection (a) for any 
fiscal year by, not later than 30 days after the end of such fiscal 
year, submitting to the Select Committee on Intelligence of the Senate 
and Permanent Select Committee on Intelligence of the House of 
Representatives--
        (1) a statement, in unclassified form, that the disclosure 
    required in subsection (a) for that fiscal year would damage 
    national security; and
        (2) a statement detailing the reasons for the waiver or 
    postponement, which may be submitted in classified form.
    (c) Definition.--As used in this section, the term ``National 
Intelligence Program'' has the meaning given the term in section 3(6) 
of the National Security Act of 1947 (50 U.S.C. 401a(6)).
    SEC. 602. PUBLIC INTEREST DECLASSIFICATION BOARD.
    The Public Interest Declassification Act of 2000 (50 U.S.C. 435 
note) is amended--
        (1) by striking ``Director of Central Intelligence'' each place 
    that term appears and inserting ``Director of National 
    Intelligence'';
        (2) in section 704(e)--
            (A) by striking ``If requested'' and inserting the 
        following:
        ``(1) In general.--If requested''; and
            (B) by adding at the end the following:
        ``(2) Authority of board.--Upon receiving a congressional 
    request described in section 703(b)(5), the Board may conduct the 
    review and make the recommendations described in that section, 
    regardless of whether such a review is requested by the President.
        ``(3) Reporting.--Any recommendations submitted to the 
    President by the Board under section 703(b)(5), shall be submitted 
    to the chairman and ranking minority member of the committee of 
    Congress that made the request relating to such recommendations.'';
        (3) in section 705(c), in the subsection heading, by striking 
    ``Director of Central Intelligence'' and inserting ``Director of 
    National Intelligence''; and
        (4) in section 710(b), by striking ``8 years after the date'' 
    and all that follows and inserting ``on December 31, 2012.''.
    SEC. 603. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11 
      COMMISSION RECOMMENDATIONS WITH RESPECT TO INTELLIGENCE REFORM 
      AND CONGRESSIONAL INTELLIGENCE OVERSIGHT REFORM.
    (a) Findings.--Congress makes the following findings:
        (1) The National Commission on Terrorist Attacks Upon the 
    United States (referred to in this section as the ``9/11 
    Commission'') conducted a lengthy review of the facts and 
    circumstances relating to the terrorist attacks of September 11, 
    2001, including those relating to the intelligence community, law 
    enforcement agencies, and the role of congressional oversight and 
    resource allocation.
        (2) In its final report, the 9/11 Commission found that--
            (A) congressional oversight of the intelligence activities 
        of the United States is dysfunctional;
            (B) under the rules of the Senate and the House of 
        Representatives in effect at the time the report was completed, 
        the committees of Congress charged with oversight of the 
        intelligence activities lacked the power, influence, and 
        sustained capability to meet the daunting challenges faced by 
        the intelligence community of the United States;
            (C) as long as such oversight is governed by such rules of 
        the Senate and the House of Representatives, the people of the 
        United States will not get the security they want and need;
            (D) a strong, stable, and capable congressional committee 
        structure is needed to give the intelligence community of the 
        United States appropriate oversight, support, and leadership; 
        and
            (E) the reforms recommended by the 9/11 Commission in its 
        final report will not succeed if congressional oversight of the 
        intelligence community in the United States is not changed.
        (3) The 9/11 Commission recommended structural changes to 
    Congress to improve the oversight of intelligence activities.
        (4) Congress has enacted some of the recommendations made by 
    the 9/11 Commission and is considering implementing additional 
    recommendations of the 9/11 Commission.
        (5) The Senate adopted Senate Resolution 445 in the 108th 
    Congress to address some of the intelligence oversight 
    recommendations of the 9/11 Commission by abolishing term limits 
    for the members of the Select Committee on Intelligence, clarifying 
    jurisdiction for intelligence-related nominations, and streamlining 
    procedures for the referral of intelligence-related legislation, 
    but other aspects of the 9/11 Commission recommendations regarding 
    intelligence oversight have not been implemented.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Committee on Homeland Security and Governmental Affairs and the Select 
Committee on Intelligence of the Senate each, or jointly, should--
        (1) undertake a review of the recommendations made in the final 
    report of the 9/11 Commission with respect to intelligence reform 
    and congressional intelligence oversight reform;
        (2) review and consider any other suggestions, options, or 
    recommendations for improving intelligence oversight; and
        (3) not later than December 21, 2007, submit to the Senate a 
    report that includes the recommendations of the committees, if any, 
    for carrying out such reforms.
    SEC. 604. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST 
      DECLASSIFICATION BOARD.
    Section 21067 of the Continuing Appropriations Resolution, 2007 
(division B of Public Law 109-289; 120 Stat. 1311), as amended by 
Public Law 109-369 (120 Stat. 2642), Public Law 109-383 (120 Stat. 
2678), and Public Law 110-5, is amended by adding at the end the 
following new subsection:
    ``(c) From the amount provided by this section, the National 
Archives and Records Administration may obligate monies necessary to 
carry out the activities of the Public Interest Declassification 
Board.''.
    SEC. 605. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT ON 
      CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY REGARDING THE 
      TERRORIST ATTACKS OF SEPTEMBER 11, 2001.
    (a) Public Availability.--Not later than 30 days after the date of 
the enactment of this Act, the Director of the Central Intelligence 
Agency shall prepare and make available to the public a version of the 
Executive Summary of the report entitled the ``Office of Inspector 
General Report on Central Intelligence Agency Accountability Regarding 
Findings and Conclusions of the Joint Inquiry into Intelligence 
Community Activities Before and After the Terrorist Attacks of 
September 11, 2001'' issued in June 2005 that is declassified to the 
maximum extent possible, consistent with national security.
    (b) Report to Congress.--The Director of the Central Intelligence 
Agency shall submit to Congress a classified annex to the redacted 
Executive Summary made available under subsection (a) that explains the 
reason that any redacted material in the Executive Summary was withheld 
from the public.

      TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL
                      Subtitle A--Terrorist Travel

    SEC. 701. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE BORDER 
      SECURITY, ENHANCE GLOBAL DOCUMENT SECURITY, AND EXCHANGE 
      TERRORIST INFORMATION.
    (a) Report Required.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of State and the Secretary of 
Homeland Security, in conjunction with the Director of National 
Intelligence and the heads of other appropriate Federal departments and 
agencies, shall submit to the appropriate congressional committees a 
report on efforts of the Government of the United States to collaborate 
with international partners and allies of the United States to increase 
border security, enhance global document security, and exchange 
terrorism information.
    (b) Contents.--The report required by subsection (a) shall 
outline--
        (1) all presidential directives, programs, and strategies for 
    carrying out and increasing United States Government efforts 
    described in subsection (a);
        (2) the goals and objectives of each of these efforts;
        (3) the progress made in each of these efforts; and
        (4) the projected timelines for each of these efforts to become 
    fully functional and effective.
    (c) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
        (1) the Committee on Foreign Affairs, the Committee on Homeland 
    Security, the Committee on the Judiciary, and the Permanent Select 
    Committee on Intelligence of the House of Representatives; and
        (2) the Committee on Foreign Relations, the Committee on 
    Homeland Security and Governmental Affairs, the Committee on the 
    Judiciary, and the Select Committee on Intelligence of the Senate.

                        Subtitle B--Visa Waiver

    SEC. 711. MODERNIZATION OF THE VISA WAIVER PROGRAM.
    (a) Short Title.--This section may be cited as the ``Secure Travel 
and Counterterrorism Partnership Act of 2007''.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) the United States should modernize and strengthen the 
    security of the visa waiver program under section 217 of the 
    Immigration and Nationality Act (8 U.S.C. 1187) by simultaneously--
            (A) enhancing program security requirements; and
            (B) extending visa-free travel privileges to nationals of 
        foreign countries that are partners in the war on terrorism--
                (i) that are actively cooperating with the United 
            States to prevent terrorist travel, including sharing 
            counterterrorism and law enforcement information; and
                (ii) whose nationals have demonstrated their compliance 
            with the provisions of the Immigration and Nationality Act 
            regarding the purpose and duration of their admission to 
            the United States; and
        (2) the modernization described in paragraph (1) will--
            (A) enhance bilateral cooperation on critical 
        counterterrorism and information sharing initiatives;
            (B) support and expand tourism and business opportunities 
        to enhance long-term economic competitiveness; and
            (C) strengthen bilateral relationships.
    (c) Discretionary Visa Waiver Program Expansion.--Section 217(c) of 
the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by 
adding at the end the following new paragraphs:
        ``(8) Nonimmigrant visa refusal rate flexibility.--
            ``(A) Certification.--
                ``(i) In general.--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 who exit through 
            airports of the United States and the electronic travel 
            authorization system required under subsection (h)(3) is 
            fully operational, the Secretary of Homeland Security shall 
            certify to Congress that such air exit system and 
            electronic travel authorization system are in place.
                ``(ii) Notification to congress.--The Secretary shall 
            notify Congress in writing of the date on which the air 
            exit system under clause (i) fully satisfies the biometric 
            requirements specified in subsection (i).
                ``(iii) Temporary suspension of waiver authority.--
            Notwithstanding any certification made under clause (i), if 
            the Secretary has not notified Congress in accordance with 
            clause (ii) by June 30, 2009, the Secretary's waiver 
            authority under subparagraph (B) shall be suspended 
            beginning on July 1, 2009, until such time as the Secretary 
            makes such notification.
                ``(iv) Rule of construction.--Nothing in this paragraph 
            shall be construed as in any way abrogating the reporting 
            requirements under subsection (i)(3).
            ``(B) Waiver.--After certification by the Secretary under 
        subparagraph (A), the Secretary, in consultation with the 
        Secretary of State, may waive the application of paragraph 
        (2)(A) for a country if--
                ``(i) the country meets all security requirements of 
            this section;
                ``(ii) the Secretary of Homeland Security determines 
            that the totality of the country's security risk mitigation 
            measures provide assurance that the country's participation 
            in the program would not compromise the law enforcement, 
            security interests, or enforcement of the immigration laws 
            of the United States;
                ``(iii) there has been a sustained reduction in the 
            rate of refusals for nonimmigrant visas for nationals of 
            the country and conditions exist to continue such 
            reduction;
                ``(iv) the country cooperated with the Government of 
            the United States on counterterrorism initiatives, 
            information sharing, and preventing terrorist travel before 
            the date of its designation as a program country, and the 
            Secretary of Homeland Security and the Secretary of State 
            determine that such cooperation will continue; and
                ``(v)(I) the rate of refusals for nonimmigrant visitor 
            visas for nationals of the country during the previous full 
            fiscal year was not more than ten percent; or
                ``(II) the visa overstay rate for the country for the 
            previous full fiscal year does not exceed the maximum visa 
            overstay rate, once such rate is established under 
            subparagraph (C).
            ``(C) Maximum visa overstay rate.--
                ``(i) Requirement to establish.--After certification by 
            the Secretary under subparagraph (A), the Secretary and the 
            Secretary of State jointly shall use information from the 
            air exit system referred to in such subparagraph to 
            establish a maximum visa overstay rate for countries 
            participating in the program pursuant to a waiver under 
            subparagraph (B). The Secretary of Homeland Security shall 
            certify to Congress that such rate would not compromise the 
            law enforcement, security interests, or enforcement of the 
            immigration laws of the United States.
                ``(ii) Visa overstay rate defined.--In this paragraph 
            the term `visa overstay rate' means, with respect to a 
            country, the ratio of--

                    ``(I) the total number of nationals of that country 
                who were admitted to the United States on the basis of 
                a nonimmigrant visa whose periods of authorized stays 
                ended during a fiscal year but who remained unlawfully 
                in the United States beyond such periods; to
                    ``(II) the total number of nationals of that 
                country who were admitted to the United States on the 
                basis of a nonimmigrant visa during that fiscal year.

                ``(iii) Report and publication.--The Secretary of 
            Homeland Security shall on the same date submit to Congress 
            and publish in the Federal Register information relating to 
            the maximum visa overstay rate established under clause 
            (i). Not later than 60 days after such date, the Secretary 
            shall issue a final maximum visa overstay rate above which 
            a country may not participate in the program.
        ``(9) Discretionary security-related considerations.--In 
    determining whether to waive the application of paragraph (2)(A) 
    for a country, pursuant to paragraph (8), the Secretary of Homeland 
    Security, in consultation with the Secretary of State, shall take 
    into consideration other factors affecting the security of the 
    United States, including--
            ``(A) airport security standards in the country;
            ``(B) whether the country assists in the operation of an 
        effective air marshal program;
            ``(C) the standards of passports and travel documents 
        issued by the country; and
            ``(D) other security-related factors, including the 
        country's cooperation with the United States' initiatives 
        toward combating terrorism and the country's cooperation with 
        the United States intelligence community in sharing information 
        regarding terrorist threats.''.
    (d) Security Enhancements to the Visa Waiver Program.--
        (1) In general.--Section 217 of the Immigration and Nationality 
    Act (8 U.S.C. 1187) is amended--
            (A) in subsection (a), in the flush text following 
        paragraph (9)--
                (i) by striking ``Operators of aircraft'' and inserting 
            the following:
        ``(10) Electronic transmission of identification information.--
    Operators of aircraft''; and
                (ii) by adding at the end the following new paragraph:
        ``(11) Eligibility determination under the electronic travel 
    authorization system.--Beginning on the date on which the 
    electronic travel authorization system developed under subsection 
    (h)(3) is fully operational, each alien traveling under the program 
    shall, before applying for admission to the United States, 
    electronically provide to the system biographical information and 
    such other information as the Secretary of Homeland Security shall 
    determine necessary to determine the eligibility of, and whether 
    there exists a law enforcement or security risk in permitting, the 
    alien to travel to the United States. Upon review of such 
    biographical information, the Secretary of Homeland Security shall 
    determine whether the alien is eligible to travel to the United 
    States under the program.'';
            (B) in subsection (c)--
                (i) in paragraph (2)--

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

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

                    (II) by adding at the end the following new 
                subparagraphs:

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

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

                        (aa) in subclause (II), by striking ``and'' at 
                    the end;
                        (bb) in subclause (III)--
                            (AA) by striking ``and the Committee on 
                        International Relations'' and inserting ``, the 
                        Committee on Foreign Affairs, and the Committee 
                        on Homeland Security,'' and by striking ``and 
                        the Committee on Foreign Relations'' and 
                        inserting ``, the Committee on Foreign 
                        Relations, and the Committee on Homeland 
                        Security and Governmental Affairs''; and
                            (BB) by striking the period at the end and 
                        inserting ``; and''; and
                        (cc) by adding at the end the following new 
                    subclause:

                    ``(IV) shall submit to Congress a report regarding 
                the implementation of the electronic travel 
                authorization system under subsection (h)(3) and the 
                participation of new countries in the program through a 
                waiver under paragraph (8).''; and
                    (III) in subparagraph (B), by adding at the end the 
                following new clause:

                ``(iv) Program suspension authority.--The Director of 
            National Intelligence shall immediately inform the 
            Secretary of Homeland Security of any current and credible 
            threat which poses an imminent danger to the United States 
            or its citizens and originates from a country participating 
            in the visa waiver program. Upon receiving such 
            notification, the Secretary, in consultation with the 
            Secretary of State--

                    ``(I) may suspend a country from the visa waiver 
                program without prior notice;
                    ``(II) shall notify any country suspended under 
                subclause (I) and, to the extent practicable without 
                disclosing sensitive intelligence sources and methods, 
                provide justification for the suspension; and
                    ``(III) shall restore the suspended country's 
                participation in the visa waiver program upon a 
                determination that the threat no longer poses an 
                imminent danger to the United States or its 
                citizens.''; and

                (iii) by adding at the end the following new 
            paragraphs:
        ``(10) Technical assistance.--The Secretary of Homeland 
    Security, in consultation with the Secretary of State, shall 
    provide technical assistance to program countries to assist those 
    countries in meeting the requirements under this section. The 
    Secretary of Homeland Security shall ensure that the program office 
    within the Department of Homeland Security is adequately staffed 
    and has resources to be able to provide such technical assistance, 
    in addition to its duties to effectively monitor compliance of the 
    countries participating in the program with all the requirements of 
    the program.
        ``(11) Independent review.--
            ``(A) In general.--Prior to the admission of a new country 
        into the program under this section, and in conjunction with 
        the periodic evaluations required under subsection (c)(5)(A), 
        the Director of National Intelligence shall conduct an 
        independent intelligence assessment of a nominated country and 
        member of the program.
            ``(B) Reporting requirement.--The Director shall provide to 
        the Secretary of Homeland Security, the Secretary of State, and 
        the Attorney General the independent intelligence assessment 
        required under subparagraph (A).
            ``(C) Contents.--The independent intelligence assessment 
        conducted by the Director shall include--
                ``(i) a review of all current, credible terrorist 
            threats of the subject country;
                ``(ii) an evaluation of the subject country's 
            counterterrorism efforts;
                ``(iii) an evaluation as to the extent of the country's 
            sharing of information beneficial to suppressing terrorist 
            movements, financing, or actions;
                ``(iv) an assessment of the risks associated with 
            including the subject country in the program; and
                ``(v) recommendations to mitigate the risks identified 
            in clause (iv).'';
            (C) in subsection (d)--
                (i) by striking ``Attorney General'' and inserting 
            ``Secretary of Homeland Security''; and
                (ii) by adding at the end the following new sentence: 
            ``The Secretary of Homeland Security may not waive any 
            eligibility requirement under this section unless the 
            Secretary notifies, with respect to the House of 
            Representatives, the Committee on Homeland Security, the 
            Committee on the Judiciary, the Committee on Foreign 
            Affairs, and the Committee on Appropriations, and with 
            respect to the Senate, the Committee on Homeland Security 
            and Governmental Affairs, the Committee on the Judiciary, 
            the Committee on Foreign Relations, and the Committee on 
            Appropriations not later than 30 days before the effective 
            date of such waiver.'';
            (D) in subsection (f)(5)--
                (i) by striking ``Attorney General'' each place it 
            appears and inserting ``Secretary of Homeland Security''; 
            and
                (ii) by striking ``of blank'' and inserting ``or loss 
            of'';
            (E) in subsection (h), by adding at the end the following 
        new paragraph:
        ``(3) Electronic travel authorization system.--
            ``(A) System.--The Secretary of Homeland Security, in 
        consultation with the Secretary of State, shall develop and 
        implement a fully automated electronic travel authorization 
        system (referred to in this paragraph as the `System') to 
        collect such biographical and other information as the 
        Secretary of Homeland Security determines necessary to 
        determine, in advance of travel, the eligibility of, and 
        whether there exists a law enforcement or security risk in 
        permitting, the alien to travel to the United States.
            ``(B) Fees.--The Secretary of Homeland Security may charge 
        a fee for the use of the System, which shall be--
                ``(i) set at a level that will ensure recovery of the 
            full costs of providing and administering the System; and
                ``(ii) available to pay the costs incurred to 
            administer the System.
            ``(C) Validity.--
                ``(i) Period.--The Secretary of Homeland Security, in 
            consultation with the Secretary of State, shall prescribe 
            regulations that provide for a period, not to exceed three 
            years, during which a determination of eligibility to 
            travel under the program will be valid. Notwithstanding any 
            other provision under this section, the Secretary of 
            Homeland Security may revoke any such determination at any 
            time and for any reason.
                ``(ii) Limitation.--A determination by the Secretary of 
            Homeland Security that an alien is eligible to travel to 
            the United States under the program is not a determination 
            that the alien is admissible to the United States.
                ``(iii) Not a determination of visa eligibility.--A 
            determination by the Secretary of Homeland Security that an 
            alien who applied for authorization to travel to the United 
            States through the System is not eligible to travel under 
            the program is not a determination of eligibility for a 
            visa to travel to the United States and shall not preclude 
            the alien from applying for a visa.
                ``(iv) Judicial review.--Notwithstanding any other 
            provision of law, no court shall have jurisdiction to 
            review an eligibility determination under the System.
            ``(D) Report.--Not later than 60 days before publishing 
        notice regarding the implementation of the System in the 
        Federal Register, the Secretary of Homeland Security shall 
        submit a report regarding the implementation of the system to--
                ``(i) the Committee on Homeland Security of the House 
            of Representatives;
                ``(ii) the Committee on the Judiciary of the House of 
            Representatives;
                ``(iii) the Committee on Foreign Affairs of the House 
            of Representatives;
                ``(iv) the Permanent Select Committee on Intelligence 
            of the House of Representatives;
                ``(v) the Committee on Appropriations of the House of 
            Representatives;
                ``(vi) the Committee on Homeland Security and 
            Governmental Affairs of the Senate;
                ``(vii) the Committee on the Judiciary of the Senate;
                ``(viii) the Committee on Foreign Relations of the 
            Senate;
                ``(ix) the Select Committee on Intelligence of the 
            Senate; and
                ``(x) the Committee on Appropriations of the Senate.''; 
            and
            (F) by adding at the end the following new subsection:
    ``(i) Exit System.--
        ``(1) In general.--Not later than one year after the date of 
    the enactment of this subsection, 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 this section.
        ``(2) System requirements.--The system established under 
    paragraph (1) shall--
            ``(A) match biometric information of the alien against 
        relevant watch lists and immigration information; and
            ``(B) compare such biometric information against manifest 
        information collected by air carriers on passengers departing 
        the United States to confirm such aliens have departed the 
        United States.
        ``(3) Report.--Not later than 180 days after the date of the 
    enactment of this subsection, the Secretary shall submit to 
    Congress a report that describes--
            ``(A) the progress made in developing and deploying the 
        exit system established under this subsection; and
            ``(B) the procedures by which the Secretary shall improve 
        the method of calculating the rates of nonimmigrants who 
        overstay their authorized period of stay in the United 
        States.''.
        (2) Effective date.--Section 217(a)(11) of the Immigration and 
    Nationality Act, as added by paragraph (1)(A)(ii), shall take 
    effect on the date that is 60 days after the date on which the 
    Secretary of Homeland Security publishes notice in the Federal 
    Register of the requirement under such paragraph.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security such sums as may be 
necessary to carry out this section and the amendments made by this 
section.

        Subtitle C--Strengthening Terrorism Prevention Programs

    SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND 
      TRAFFICKING CENTER.
    (a) In General.--Section 7202 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended--
        (1) in subsection (c)(1), by striking ``address'' and inserting 
    ``integrate and disseminate intelligence and information related 
    to'';
        (2) by redesignating subsections (d) and (e) as subsections (g) 
    and (h), respectively; and
        (3) by inserting after subsection (c) the following new 
    subsections:
    ``(d) Director.--The Secretary of Homeland Security shall nominate 
an official of the Government of the United States to serve as the 
Director of the Center, in accordance with the requirements of the 
memorandum of understanding entitled the `Human Smuggling and 
Trafficking Center (HSTC) Charter'.
    ``(e) Staffing of the Center.--
        ``(1) In general.--The Secretary of Homeland Security, in 
    cooperation with heads of other relevant agencies and departments, 
    shall ensure that the Center is staffed with not fewer than 40 
    full-time equivalent positions, including, as appropriate, 
    detailees from the following:
            ``(A) Agencies and offices within the Department of 
        Homeland Security, including the following:
                ``(i) The Office of Intelligence and Analysis.
                ``(ii) The Transportation Security Administration.
                ``(iii) United States Citizenship and Immigration 
            Services.
                ``(iv) United States Customs and Border Protection.
                ``(v) The United States Coast Guard.
                ``(vi) United States Immigration and Customs 
            Enforcement.
            ``(B) Other departments, agencies, or entities, including 
        the following:
                ``(i) The Central Intelligence Agency.
                ``(ii) The Department of Defense.
                ``(iii) The Department of the Treasury.
                ``(iv) The National Counterterrorism Center.
                ``(v) The National Security Agency.
                ``(vi) The Department of Justice.
                ``(vii) The Department of State.
                ``(viii) Any other relevant agency or department.
        ``(2) Expertise of detailees.--The Secretary of Homeland 
    Security, in cooperation with the head of each agency, department, 
    or other entity referred to in paragraph (1), shall ensure that the 
    detailees provided to the Center under such paragraph include an 
    adequate number of personnel who are--
            ``(A) intelligence analysts or special agents with 
        demonstrated experience related to human smuggling, trafficking 
        in persons, or terrorist travel; and
            ``(B) personnel with experience in the areas of--
                ``(i) consular affairs;
                ``(ii) counterterrorism;
                ``(iii) criminal law enforcement;
                ``(iv) intelligence analysis;
                ``(v) prevention and detection of document fraud;
                ``(vi) border inspection;
                ``(vii) immigration enforcement; or
                ``(viii) human trafficking and combating severe forms 
            of trafficking in persons.
        ``(3) Enhanced personnel management.--
            ``(A) Incentives for service in certain positions.--
                ``(i) In general.--The Secretary of Homeland Security, 
            and the heads of other relevant agencies, shall prescribe 
            regulations or promulgate personnel policies to provide 
            incentives for service on the staff of the Center, 
            particularly for serving terms of at least two years 
            duration.
                ``(ii) Forms of incentives.--Incentives under clause 
            (i) may include financial incentives, bonuses, and such 
            other awards and incentives as the Secretary and the heads 
            of other relevant agencies, consider appropriate.
            ``(B) Enhanced promotion for service at the center.--
        Notwithstanding any other provision of law, the Secretary of 
        Homeland Security, and the heads of other relevant agencies, 
        shall ensure that personnel who are assigned or detailed to 
        service at the Center shall be considered for promotion at 
        rates equivalent to or better than similarly situated personnel 
        of such agencies who are not so assigned or detailed, except 
        that this subparagraph shall not apply in the case of personnel 
        who are subject to the provisions of the Foreign Service Act of 
        1980.
    ``(f) Administrative Support and Funding.--The Secretary of 
Homeland Security shall provide to the Center the administrative 
support and funding required for its maintenance, including funding for 
personnel, leasing of office space, supplies, equipment, technology, 
training, and travel expenses necessary for the Center to carry out its 
functions.''.
    (b) Report.--Subsection (g) of section 7202 of the Intelligence 
Reform and Terrorism Prevention Act of 2004, as redesignated by 
subsection (a)(2), is amended to read as follows:
    ``(g) Report.--
        ``(1) Initial report.--Not later than 180 days after December 
    17, 2004, the President shall transmit to Congress a report 
    regarding the implementation of this section, including a 
    description of the staffing and resource needs of the Center.
        ``(2) Follow-up report.--Not later than 180 days after the date 
    of the enactment of the Implementing Recommendations of the 9/11 
    Commission Act of 2007, the President shall transmit to Congress a 
    report regarding the operation of the Center and the activities 
    carried out by the Center, including a description of--
            ``(A) the roles and responsibilities of each agency or 
        department that is participating in the Center;
            ``(B) the mechanisms used to share information among each 
        such agency or department;
            ``(C) the personnel provided to the Center by each such 
        agency or department;
            ``(D) the type of information and reports being 
        disseminated by the Center;
            ``(E) any efforts by the Center to create a centralized 
        Federal Government database to store information related to 
        unlawful 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;
            ``(F) how each agency and department shall utilize its 
        resources to ensure that the Center uses intelligence to focus 
        and drive its efforts;
            ``(G) efforts to consolidate networked systems for the 
        Center;
            ``(H) the mechanisms for the sharing of homeland security 
        information from the Center to the Office of Intelligence and 
        Analysis, including how such sharing shall be consistent with 
        section 1016(b);
            ``(I) the ability of participating personnel in the Center 
        to freely access necessary databases and share information 
        regarding issues related to human smuggling, trafficking in 
        persons, and terrorist travel;
            ``(J) how the assignment of personnel to the Center is 
        incorporated into the civil service career path of such 
        personnel; and
            ``(K) cooperation and coordination efforts, including any 
        memorandums of understanding, among participating agencies and 
        departments regarding issues related to human smuggling, 
        trafficking in persons, and terrorist travel.''.
    (c) Coordination With the Office of Intelligence and Analysis.--
Section 7202 of the Intelligence Reform and Terrorism Prevention Act of 
2004 is amended by adding after subsection (h), as redesignated by 
subsection (a)(2), the following new subsection:
    ``(i) Coordination With the Office of Intelligence and Analysis.--
The Office of Intelligence and Analysis, in coordination with the 
Center, shall submit to relevant State, local, and tribal law 
enforcement agencies periodic reports regarding terrorist threats 
related to human smuggling, human trafficking, and terrorist travel.''.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security $20,000,000 for 
fiscal year 2008 to carry out section 7202 of the Intelligence Reform 
and Terrorism Prevention Act of 2004, as amended by this section.
    SEC. 722. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.
    Section 7215 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (6 U.S.C. 123) is amended to read as follows:
``SEC. 7215. TERRORIST TRAVEL PROGRAM.
    ``(a) Requirement to Establish.--Not later than 90 days after the 
date of the enactment of the Implementing Recommendations of the 9/11 
Commission Act of 2007, the Secretary of Homeland Security, in 
consultation with the Director of the National Counterterrorism Center 
and consistent with the strategy developed under section 7201, shall 
establish a program to oversee the implementation of the Secretary's 
responsibilities with respect to terrorist travel.
    ``(b) Head of the Program.--The Secretary of Homeland Security 
shall designate an official of the Department of Homeland Security to 
be responsible for carrying out the program. Such official shall be--
        ``(1) the Assistant Secretary for Policy of the Department of 
    Homeland Security; or
        ``(2) an official appointed by the Secretary who reports 
    directly to the Secretary.
    ``(c) Duties.--The official designated under subsection (b) shall 
assist the Secretary of Homeland Security in improving the Department's 
ability to prevent terrorists from entering the United States or 
remaining in the United States undetected by--
        ``(1) developing relevant strategies and policies;
        ``(2) reviewing the effectiveness of existing programs and 
    recommending improvements, if necessary;
        ``(3) making recommendations on budget requests and on the 
    allocation of funding and personnel;
        ``(4) ensuring effective coordination, with respect to 
    policies, programs, planning, operations, and dissemination of 
    intelligence and information related to terrorist travel--
            ``(A) among appropriate subdivisions of the Department of 
        Homeland Security, as determined by the Secretary and 
        including--
                ``(i) United States Customs and Border Protection;
                ``(ii) United States Immigration and Customs 
            Enforcement;
                ``(iii) United States Citizenship and Immigration 
            Services;
                ``(iv) the Transportation Security Administration; and
                ``(v) the United States Coast Guard; and
            ``(B) between the Department of Homeland Security and other 
        appropriate Federal agencies; and
        ``(5) serving as the Secretary's primary point of contact with 
    the National Counterterrorism Center for implementing initiatives 
    related to terrorist travel and ensuring that the recommendations 
    of the Center related to terrorist travel are carried out by the 
    Department.
    ``(d) Report.--Not later than 180 days after the date of the 
enactment of the Implementing Recommendations of the 9/11 Commission 
Act of 2007, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives 
a report on the implementation of this section.''.
    SEC. 723. ENHANCED DRIVER'S LICENSE.
    Section 7209(b)(1) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (8 U.S.C. 1185 note) is amended--
        (1) in subparagraph (B)--
            (A) in clause (vi), by striking ``and'' at the end;
            (B) in clause (vii), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following new clause:
                ``(viii) the signing of a memorandum of agreement to 
            initiate a pilot program with not less than one 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 or Mexico, 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 or Mexico at land and 
            sea ports of entry.''; and
        (2) by adding at the end the following new subparagraph:
            ``(C) Report.--Not later than 180 days after the initiation 
        of the pilot program described in subparagraph (B)(viii), the 
        Secretary of Homeland Security and the Secretary of State shall 
        submit to the appropriate congressional committees a report 
        which includes--
                ``(i) an analysis of the impact of the pilot program on 
            national security;
                ``(ii) recommendations on how to expand the pilot 
            program to other States;
                ``(iii) any appropriate statutory changes to facilitate 
            the expansion of the pilot program to additional States and 
            to citizens of Canada;
                ``(iv) a plan to screen individuals participating in 
            the pilot program against United States terrorist watch 
            lists; and
                ``(v) a recommendation for the type of machine-readable 
            technology that should be used in enhanced driver's 
            licenses, based on individual privacy considerations and 
            the costs and feasibility of incorporating any new 
            technology into existing driver's licenses.''.
    SEC. 724. WESTERN HEMISPHERE TRAVEL INITIATIVE.
    Before the Secretary of Homeland Security publishes a final rule in 
the Federal Register implementing section 7209 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 
U.S.C. 1185 note)--
        (1) the Secretary of Homeland Security shall complete a cost-
    benefit analysis of the Western Hemisphere Travel Initiative, 
    authorized under such section 7209; and
        (2) the Secretary of State shall develop proposals for reducing 
    the execution fee charged for the passport card, proposed at 71 
    Fed. Reg. 60928-32 (October 17, 2006), including the use of mobile 
    application teams, during implementation of the land and sea phase 
    of the Western Hemisphere Travel Initiative, in order to encourage 
    United States citizens to apply for the passport card.
    SEC. 725. MODEL PORTS-OF-ENTRY.
    (a) In General.--The Secretary of Homeland Security shall--
        (1) establish a model ports-of-entry program for the purpose of 
    providing a more efficient and welcoming international arrival 
    process in order to facilitate and promote business and tourist 
    travel to the United States, while also improving security; and
        (2) implement the program initially at the 20 United States 
    international airports that have the highest number of foreign 
    visitors arriving annually as of the date of the enactment of this 
    Act.
    (b) Program Elements.--The program shall include--
        (1) enhanced queue management in the Federal Inspection 
    Services area leading up to primary inspection;
        (2) assistance for foreign travelers once they have been 
    admitted to the United States, in consultation, as appropriate, 
    with relevant governmental and nongovernmental entities; and
        (3) instructional videos, in English and such other languages 
    as the Secretary determines appropriate, in the Federal Inspection 
    Services area that explain the United States inspection process and 
    feature national, regional, or local welcome videos.
    (c) Additional Customs and Border Protection Officers for High-
Volume Ports.--Subject to the availability of appropriations, not later 
than the end of fiscal year 2008 the Secretary of Homeland Security 
shall employ not fewer than an additional 200 Customs and Border 
Protection officers over the number of such positions for which funds 
were appropriated for the proceeding fiscal year to address staff 
shortages at the 20 United States international airports that have the 
highest number of foreign visitors arriving annually as of the date of 
the enactment of this Act.

                  Subtitle D--Miscellaneous Provisions

    SEC. 731. REPORT REGARDING BORDER SECURITY.
    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to Congress a report regarding ongoing initiatives of the Department of 
Homeland Security to improve security along the northern border of the 
United States.
    (b) Contents.--The report submitted under subsection (a) shall--
        (1) address the vulnerabilities along the northern border of 
    the United States; and
        (2) provide recommendations to address such vulnerabilities, 
    including required resources needed to protect the northern border 
    of the United States.
    (c) Government Accountability Office.--Not later than 270 days 
after the date of the submission of the report under subsection (a), 
the Comptroller General of the United States shall submit to Congress a 
report that--
        (1) reviews and comments on the report under subsection (a); 
    and
        (2) provides recommendations regarding any additional actions 
    necessary to protect the northern border of the United States.

                TITLE VIII--PRIVACY AND CIVIL LIBERTIES

    SEC. 801. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND CIVIL 
      LIBERTIES OVERSIGHT BOARD.
    (a) Modification of Authorities.--Section 1061 of the National 
Security Intelligence Reform Act of 2004 (5 U.S.C. 601 note) is amended 
to read as follows:
``SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
    ``(a) In General.--There is established as an independent agency 
within the executive branch a Privacy and Civil Liberties Oversight 
Board (referred to in this section as the `Board').
    ``(b) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        ``(1) In conducting the war on terrorism, the Government may 
    need additional powers and may need to enhance the use of its 
    existing powers.
        ``(2) This shift of power and authority to the Government calls 
    for an enhanced system of checks and balances to protect the 
    precious liberties that are vital to our way of life and to ensure 
    that the Government uses its powers for the purposes for which the 
    powers were given.
        ``(3) The National Commission on Terrorist Attacks Upon the 
    United States correctly concluded that `The choice between security 
    and liberty is a false choice, as nothing is more likely to 
    endanger America's liberties than the success of a terrorist attack 
    at home. Our history has shown us that insecurity threatens 
    liberty. Yet, if our liberties are curtailed, we lose the values 
    that we are struggling to defend.'.
    ``(c) Purpose.--The Board shall--
        ``(1) analyze and review actions the executive branch takes to 
    protect the Nation from terrorism, ensuring that the need for such 
    actions is balanced with the need to protect privacy and civil 
    liberties; and
        ``(2) ensure that liberty concerns are appropriately considered 
    in the development and implementation of laws, regulations, and 
    policies related to efforts to protect the Nation against 
    terrorism.
    ``(d) Functions.--
        ``(1) Advice and counsel on policy development and 
    implementation.--The Board shall--
            ``(A) review proposed legislation, regulations, and 
        policies related to efforts to protect the Nation from 
        terrorism, including the development and adoption of 
        information sharing guidelines under subsections (d) and (f) of 
        section 1016;
            ``(B) review the implementation of new and existing 
        legislation, regulations, and policies related to efforts to 
        protect the Nation from terrorism, including the implementation 
        of information sharing guidelines under subsections (d) and (f) 
        of section 1016;
            ``(C) advise the President and the departments, agencies, 
        and elements of the executive branch to ensure that privacy and 
        civil liberties are appropriately considered in the development 
        and implementation of such legislation, regulations, policies, 
        and guidelines; and
            ``(D) in providing advice on proposals to retain or enhance 
        a particular governmental power, consider whether the 
        department, agency, or element of the executive branch has 
        established--
                ``(i) that the need for the power is balanced with the 
            need to protect privacy and civil liberties;
                ``(ii) that there is adequate supervision of the use by 
            the executive branch of the power to ensure protection of 
            privacy and civil liberties; and
                ``(iii) that there are adequate guidelines and 
            oversight to properly confine its use.
        ``(2) Oversight.--The Board shall continually review--
            ``(A) the regulations, policies, and procedures, and the 
        implementation of the regulations, policies, and procedures, of 
        the departments, agencies, and elements of the executive branch 
        relating to efforts to protect the Nation from terrorism to 
        ensure that privacy and civil liberties are protected;
            ``(B) the information sharing practices of the departments, 
        agencies, and elements of the executive branch relating to 
        efforts to protect the Nation from terrorism to determine 
        whether they appropriately protect privacy and civil liberties 
        and adhere to the information sharing guidelines issued or 
        developed under subsections (d) and (f) of section 1016 and to 
        other governing laws, regulations, and policies regarding 
        privacy and civil liberties; and
            ``(C) other actions by the executive branch relating to 
        efforts to protect the Nation from terrorism to determine 
        whether such actions--
                ``(i) appropriately protect privacy and civil 
            liberties; and
                ``(ii) are consistent with governing laws, regulations, 
            and policies regarding privacy and civil liberties.
        ``(3) Relationship with privacy and civil liberties officers.--
    The Board shall--
            ``(A) receive and review reports and other information from 
        privacy officers and civil liberties officers under section 
        1062;
            ``(B) when appropriate, make recommendations to such 
        privacy officers and civil liberties officers regarding their 
        activities; and
            ``(C) when appropriate, coordinate the activities of such 
        privacy officers and civil liberties officers on relevant 
        interagency matters.
        ``(4) Testimony.--The members of the Board shall appear and 
    testify before Congress upon request.
    ``(e) Reports.--
        ``(1) In general.--The Board shall--
            ``(A) receive and review reports from privacy officers and 
        civil liberties officers under section 1062; and
            ``(B) periodically submit, not less than semiannually, 
        reports--
                ``(i)(I) to the appropriate committees of Congress, 
            including the Committee on the Judiciary of the Senate, the 
            Committee on the Judiciary of the House of Representatives, 
            the Committee on Homeland Security and Governmental Affairs 
            of the Senate, the Committee on Homeland Security of the 
            House of Representatives, the Committee on Oversight and 
            Government Reform of the House of Representatives, the 
            Select Committee on Intelligence of the Senate, and the 
            Permanent Select Committee on Intelligence of the House of 
            Representatives; and
                ``(II) to the President; and
                ``(ii) which shall be in unclassified form to the 
            greatest extent possible, with a classified annex where 
            necessary.
        ``(2) Contents.--Not less than 2 reports submitted each year 
    under paragraph (1)(B) shall include--
            ``(A) a description of the major activities of the Board 
        during the preceding period;
            ``(B) information on the findings, conclusions, and 
        recommendations of the Board resulting from its advice and 
        oversight functions under subsection (d);
            ``(C) the minority views on any findings, conclusions, and 
        recommendations of the Board resulting from its advice and 
        oversight functions under subsection (d);
            ``(D) each proposal reviewed by the Board under subsection 
        (d)(1) that--
                ``(i) the Board advised against implementation; and
                ``(ii) notwithstanding such advice, actions were taken 
            to implement; and
            ``(E) for the preceding period, any requests submitted 
        under subsection (g)(1)(D) for the issuance of subpoenas that 
        were modified or denied by the Attorney General.
    ``(f) Informing the Public.--The Board shall--
        ``(1) make its reports, including its reports to Congress, 
    available to the public to the greatest extent that is consistent 
    with the protection of classified information and applicable law; 
    and
        ``(2) hold public hearings and otherwise inform the public of 
    its activities, as appropriate and in a manner consistent with the 
    protection of classified information and applicable law.
    ``(g) Access to Information.--
        ``(1) Authorization.--If determined by the Board to be 
    necessary to carry out its responsibilities under this section, the 
    Board is authorized to--
            ``(A) have access from any department, agency, or element 
        of the executive branch, or any Federal officer or employee of 
        any such department, agency, or element, to all relevant 
        records, reports, audits, reviews, documents, papers, 
        recommendations, or other relevant material, including 
        classified information consistent with applicable law;
            ``(B) interview, take statements from, or take public 
        testimony from personnel of any department, agency, or element 
        of the executive branch, or any Federal officer or employee of 
        any such department, agency, or element;
            ``(C) request information or assistance from any State, 
        tribal, or local government; and
            ``(D) at the direction of a majority of the members of the 
        Board, submit a written request to the Attorney General of the 
        United States that the Attorney General require, by subpoena, 
        persons (other than departments, agencies, and elements of the 
        executive branch) to produce any relevant information, 
        documents, reports, answers, records, accounts, papers, and 
        other documentary or testimonial evidence.
        ``(2) Review of subpoena request.--
            ``(A) In general.--Not later than 30 days after the date of 
        receipt of a request by the Board under paragraph (1)(D), the 
        Attorney General shall--
                ``(i) issue the subpoena as requested; or
                ``(ii) provide the Board, in writing, with an 
            explanation of the grounds on which the subpoena request 
            has been modified or denied.
            ``(B) Notification.--If a subpoena request is modified or 
        denied under subparagraph (A)(ii), the Attorney General shall, 
        not later than 30 days after the date of that modification or 
        denial, notify the Committee on the Judiciary of the Senate and 
        the Committee on the Judiciary of the House of Representatives.
        ``(3) Enforcement of subpoena.--In the case of contumacy or 
    failure to obey a subpoena issued pursuant to paragraph (1)(D), the 
    United States district court for the judicial district in which the 
    subpoenaed person resides, is served, or may be found may issue an 
    order requiring such person to produce the evidence required by 
    such subpoena.
        ``(4) Agency cooperation.--Whenever information or assistance 
    requested under subparagraph (A) or (B) of paragraph (1) is, in the 
    judgment of the Board, unreasonably refused or not provided, the 
    Board shall report the circumstances to the head of the department, 
    agency, or element concerned without delay. The head of the 
    department, agency, or element concerned shall ensure that the 
    Board is given access to the information, assistance, material, or 
    personnel the Board determines to be necessary to carry out its 
    functions.
    ``(h) Membership.--
        ``(1) Members.--The Board shall be composed of a full-time 
    chairman and 4 additional members, who shall be appointed by the 
    President, by and with the advice and consent of the Senate.
        ``(2) Qualifications.--Members of the Board shall be selected 
    solely on the basis of their professional qualifications, 
    achievements, public stature, expertise in civil liberties and 
    privacy, and relevant experience, and without regard to political 
    affiliation, but in no event shall more than 3 members of the Board 
    be members of the same political party. The President shall, before 
    appointing an individual who is not a member of the same political 
    party as the President, consult with the leadership of that party, 
    if any, in the Senate and House of Representatives.
        ``(3) Incompatible office.--An individual appointed to the 
    Board may not, while serving on the Board, be an elected official, 
    officer, or employee of the Federal Government, other than in the 
    capacity as a member of the Board.
        ``(4) Term.--Each member of the Board shall serve a term of 6 
    years, except that--
            ``(A) a member appointed to a term of office after the 
        commencement of such term may serve under such appointment only 
        for the remainder of such term; and
            ``(B) upon the expiration of the term of office of a 
        member, the member shall continue to serve until the member's 
        successor has been appointed and qualified, except that no 
        member may serve under this subparagraph--
                ``(i) for more than 60 days when Congress is in session 
            unless a nomination to fill the vacancy shall have been 
            submitted to the Senate; or
                ``(ii) after the adjournment sine die of the session of 
            the Senate in which such nomination is submitted.
        ``(5) Quorum and meetings.--The Board shall meet upon the call 
    of the chairman or a majority of its members. Three members of the 
    Board shall constitute a quorum.
    ``(i) Compensation and Travel Expenses.--
        ``(1) Compensation.--
            ``(A) Chairman.--The chairman of the Board shall be 
        compensated at the rate of pay payable for a position at level 
        III of the Executive Schedule under section 5314 of title 5, 
        United States Code.
            ``(B) Members.--Each member of the Board shall be 
        compensated at a rate of pay payable for a position at level IV 
        of the Executive Schedule under section 5315 of title 5, United 
        States Code, for each day during which that member is engaged 
        in the actual performance of the duties of the Board.
        ``(2) Travel expenses.--Members of the Board shall be allowed 
    travel expenses, including per diem in lieu of subsistence, at 
    rates authorized for persons employed intermittently by the 
    Government under section 5703(b) of title 5, United States Code, 
    while away from their homes or regular places of business in the 
    performance of services for the Board.
    ``(j) Staff.--
        ``(1) Appointment and compensation.--The chairman of the Board, 
    in accordance with rules agreed upon by the Board, shall appoint 
    and fix the compensation of a full-time executive director and such 
    other personnel as may be necessary to enable the Board to carry 
    out its functions, without regard to the provisions of title 5, 
    United States Code, governing appointments in the competitive 
    service, and without regard to the provisions of chapter 51 and 
    subchapter III of chapter 53 of such title relating to 
    classification and General Schedule pay rates, except that no rate 
    of pay fixed under this subsection may exceed the equivalent of 
    that payable for a position at level V of the Executive Schedule 
    under section 5316 of title 5, United States Code.
        ``(2) Detailees.--Any Federal employee may be detailed to the 
    Board without reimbursement from the Board, and such detailee shall 
    retain the rights, status, and privileges of the detailee's regular 
    employment without interruption.
        ``(3) Consultant services.--The Board may procure the temporary 
    or intermittent services of experts and consultants in accordance 
    with section 3109 of title 5, United States Code, at rates that do 
    not exceed the daily rate paid a person occupying a position at 
    level IV of the Executive Schedule under section 5315 of such 
    title.
    ``(k) Security Clearances.--
        ``(1) In general.--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.
        ``(2) Rules and procedures.--After consultation with the 
    Secretary of Defense, the Attorney General, and the Director of 
    National Intelligence, the Board shall adopt rules and procedures 
    of the Board for physical, communications, computer, document, 
    personnel, and other security relating to carrying out the 
    functions of the Board.
    ``(l) Treatment as Agency, Not as Advisory Committee.--The Board--
        ``(1) is an agency (as defined in section 551(1) of title 5, 
    United States Code); and
        ``(2) is not an advisory committee (as defined in section 3(2) 
    of the Federal Advisory Committee Act (5 U.S.C. App.)).
    ``(m) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section amounts as follows:
        ``(1) For fiscal year 2008, $5,000,000.
        ``(2) For fiscal year 2009, $6,650,000.
        ``(3) For fiscal year 2010, $8,300,000.
        ``(4) For fiscal year 2011, $10,000,000.
        ``(5) For fiscal year 2012 and each subsequent fiscal year, 
    such sums as may be necessary.''.
    (b) Security Rules and Procedures.--The Privacy and Civil Liberties 
Oversight Board shall promptly adopt the security rules and procedures 
required under section 1061(k)(2) of the National Security Intelligence 
Reform Act of 2004 (as added by subsection (a) of this section).
    (c) Transition Provisions.--
        (1) Treatment of incumbent members of the privacy and civil 
    liberties oversight board.--
            (A) Continuation of service.--Any individual who is a 
        member of the Privacy and Civil Liberties Oversight Board on 
        the date of enactment of this Act may continue to serve on the 
        Board until 180 days after the date of enactment of this Act.
            (B) Termination of terms.--The term of any individual who 
        is a member of the Privacy and Civil Liberties Oversight Board 
        on the date of enactment of this Act shall terminate 180 days 
        after the date of enactment of this Act.
        (2) Appointments.--
            (A) In general.--The President and the Senate shall take 
        such actions as necessary for the President, by and with the 
        advice and consent of the Senate, to appoint members to the 
        Privacy and Civil Liberties Oversight Board as constituted 
        under the amendments made by subsection (a) in a timely manner 
        to provide for the continuing operation of the Board and 
        orderly implementation of this section.
            (B) Designations.--In making the appointments described 
        under subparagraph (A) of the first members of the Privacy and 
        Civil Liberties Oversight Board as constituted under the 
        amendments made by subsection (a), the President shall provide 
        for the members to serve terms of 2, 3, 4, 5, and 6 years 
        beginning on the effective date described under subsection 
        (d)(1), with the term of each such member to be designated by 
        the President.
    (d) Effective Date.--
        (1) In general.--The amendments made by subsection (a) and 
    subsection (b) shall take effect 180 days after the date of 
    enactment of this Act.
        (2) Transition provisions.--Subsection (c) shall take effect on 
    the date of enactment of this Act.
    SEC. 802. DEPARTMENT PRIVACY OFFICER.
    Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is 
amended--
        (1) by inserting ``(a) Appointment and Responsibilities.--'' 
    before ``The Secretary''; and
        (2) by adding at the end the following:
    ``(b) Authority To Investigate.--
        ``(1) In general.--The senior official appointed under 
    subsection (a) may--
            ``(A) have access to all records, reports, audits, reviews, 
        documents, papers, recommendations, and other materials 
        available to the Department that relate to programs and 
        operations with respect to the responsibilities of the senior 
        official under this section;
            ``(B) make such investigations and reports relating to the 
        administration of the programs and operations of the Department 
        as are, in the senior official's judgment, necessary or 
        desirable;
            ``(C) subject to the approval of the Secretary, require by 
        subpoena the production, by any person other than a Federal 
        agency, of all information, documents, reports, answers, 
        records, accounts, papers, and other data and documentary 
        evidence necessary to performance of the responsibilities of 
        the senior official under this section; and
            ``(D) administer to or take from any person an oath, 
        affirmation, or affidavit, whenever necessary to performance of 
        the responsibilities of the senior official under this section.
        ``(2) Enforcement of subpoenas.--Any subpoena issued under 
    paragraph (1)(C) shall, in the case of contumacy or refusal to 
    obey, be enforceable by order of any appropriate United States 
    district court.
        ``(3) Effect of oaths.--Any oath, affirmation, or affidavit 
    administered or taken under paragraph (1)(D) by or before an 
    employee of the Privacy Office designated for that purpose by the 
    senior official appointed under subsection (a) shall have the same 
    force and effect as if administered or taken by or before an 
    officer having a seal of office.
    ``(c) Supervision and Coordination.--
        ``(1) In general.--The senior official appointed under 
    subsection (a) shall--
            ``(A) report to, and be under the general supervision of, 
        the Secretary; and
            ``(B) coordinate activities with the Inspector General of 
        the Department in order to avoid duplication of effort.
        ``(2) Coordination with the inspector general.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the senior official appointed under subsection (a) may 
        investigate any matter relating to possible violations or abuse 
        concerning the administration of any program or operation of 
        the Department relevant to the purposes under this section.
            ``(B) Coordination.--
                ``(i) Referral.--Before initiating any investigation 
            described under subparagraph (A), the senior official shall 
            refer the matter and all related complaints, allegations, 
            and information to the Inspector General of the Department.
                ``(ii) Determinations and notifications by the 
            inspector general.--

                    ``(I) In general.--Not later than 30 days after the 
                receipt of a matter referred under clause (i), the 
                Inspector General shall--

                        ``(aa) make a determination regarding whether 
                    the Inspector General intends to initiate an audit 
                    or investigation of the matter referred under 
                    clause (i); and
                        ``(bb) notify the senior official of that 
                    determination.

                    ``(II) Investigation not initiated.--If the 
                Inspector General notifies the senior official under 
                subclause (I)(bb) that the Inspector General intended 
                to initiate an audit or investigation, but does not 
                initiate that audit or investigation within 90 days 
                after providing that notification, the Inspector 
                General shall further notify the senior official that 
                an audit or investigation was not initiated. The 
                further notification under this subclause shall be made 
                not later than 3 days after the end of that 90-day 
                period.

                ``(iii) Investigation by senior official.--The senior 
            official may investigate a matter referred under clause (i) 
            if--

                    ``(I) the Inspector General notifies the senior 
                official under clause (ii)(I)(bb) that the Inspector 
                General does not intend to initiate an audit or 
                investigation relating to that matter; or
                    ``(II) the Inspector General provides a further 
                notification under clause (ii)(II) relating to that 
                matter.

                ``(iv) Privacy training.--Any employee of the Office of 
            Inspector General who audits or investigates any matter 
            referred under clause (i) shall be required to receive 
            adequate training on privacy laws, rules, and regulations, 
            to be provided by an entity approved by the Inspector 
            General in consultation with the senior official appointed 
            under subsection (a).
    ``(d) Notification to Congress on Removal.--If the Secretary 
removes the senior official appointed under subsection (a) or transfers 
that senior official to another position or location within the 
Department, the Secretary shall--
        ``(1) promptly submit a written notification of the removal or 
    transfer to Houses of Congress; and
        ``(2) include in any such notification the reasons for the 
    removal or transfer.
    ``(e) Reports by Senior Official to Congress.--The senior official 
appointed under subsection (a) shall--
        ``(1) submit reports directly to the Congress regarding 
    performance of the responsibilities of the senior official under 
    this section, without any prior comment or amendment by the 
    Secretary, Deputy Secretary, or any other officer or employee of 
    the Department or the Office of Management and Budget; and
        ``(2) inform the Committee on Homeland Security and 
    Governmental Affairs of the Senate and the Committee on Homeland 
    Security of the House of Representatives not later than--
            ``(A) 30 days after the Secretary disapproves the senior 
        official's request for a subpoena under subsection (b)(1)(C) or 
        the Secretary substantively modifies the requested subpoena; or
            ``(B) 45 days after the senior official's request for a 
        subpoena under subsection (b)(1)(C), if that subpoena has not 
        either been approved or disapproved by the Secretary.''.
    SEC. 803. PRIVACY AND CIVIL LIBERTIES OFFICERS.
    (a) In General.--Section 1062 of the National Security Intelligence 
Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3688) is 
amended to read as follows:
``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.
    ``(a) Designation and Functions.--The Attorney General, the 
Secretary of Defense, the Secretary of State, the Secretary of the 
Treasury, the Secretary of Health and Human Services, the Secretary of 
Homeland Security, the Director of National Intelligence, the Director 
of the Central Intelligence Agency, and the head of any other 
department, agency, or element of the executive branch designated by 
the Privacy and Civil Liberties Oversight Board under section 1061 to 
be appropriate for coverage under this section shall designate not less 
than 1 senior officer to serve as the principal advisor to--
        ``(1) assist the head of such department, agency, or element 
    and other officials of such department, agency, or element in 
    appropriately considering privacy and civil liberties concerns when 
    such officials are proposing, developing, or implementing laws, 
    regulations, policies, procedures, or guidelines related to efforts 
    to protect the Nation against terrorism;
        ``(2) periodically investigate and review department, agency, 
    or element actions, policies, procedures, guidelines, and related 
    laws and their implementation to ensure that such department, 
    agency, or element is adequately considering privacy and civil 
    liberties in its actions;
        ``(3) ensure that such department, agency, or element has 
    adequate procedures to receive, investigate, respond to, and 
    redress complaints from individuals who allege such department, 
    agency, or element has violated their privacy or civil liberties; 
    and
        ``(4) in providing advice on proposals to retain or enhance a 
    particular governmental power the officer shall consider whether 
    such department, agency, or element has established--
            ``(A) that the need for the power is balanced with the need 
        to protect privacy and civil liberties;
            ``(B) that there is adequate supervision of the use by such 
        department, agency, or element of the power to ensure 
        protection of privacy and civil liberties; and
            ``(C) that there are adequate guidelines and oversight to 
        properly confine its use.
    ``(b) Exception to Designation Authority.--
        ``(1) Privacy officers.--In any department, agency, or element 
    referred to in subsection (a) or designated by the Privacy and 
    Civil Liberties Oversight Board, which has a statutorily created 
    privacy officer, such officer shall perform the functions specified 
    in subsection (a) with respect to privacy.
        ``(2) Civil liberties officers.--In any department, agency, or 
    element referred to in subsection (a) or designated by the Board, 
    which has a statutorily created civil liberties officer, such 
    officer shall perform the functions specified in subsection (a) 
    with respect to civil liberties.
    ``(c) Supervision and Coordination.--Each privacy officer or civil 
liberties officer described in subsection (a) or (b) shall--
        ``(1) report directly to the head of the department, agency, or 
    element concerned; and
        ``(2) coordinate their activities with the Inspector General of 
    such department, agency, or element to avoid duplication of effort.
    ``(d) Agency Cooperation.--The head of each department, agency, or 
element shall ensure that each privacy officer and civil liberties 
officer--
        ``(1) has the information, material, and resources necessary to 
    fulfill the functions of such officer;
        ``(2) is advised of proposed policy changes;
        ``(3) is consulted by decision makers; and
        ``(4) is given access to material and personnel the officer 
    determines to be necessary to carry out the functions of such 
    officer.
    ``(e) Reprisal for Making Complaint.--No action constituting a 
reprisal, or threat of reprisal, for making a complaint or for 
disclosing information to a privacy officer or civil liberties officer 
described in subsection (a) or (b), or to the Privacy and Civil 
Liberties Oversight Board, that indicates a possible violation of 
privacy protections or civil liberties in the administration of the 
programs and operations of the Federal Government relating to efforts 
to protect the Nation from terrorism shall be taken by any Federal 
employee in a position to take such action, unless the complaint was 
made or the information was disclosed with the knowledge that it was 
false or with willful disregard for its truth or falsity.
    ``(f) Periodic Reports.--
        ``(1) In general.--The privacy officers and civil liberties 
    officers of each department, agency, or element referred to or 
    described in subsection (a) or (b) shall periodically, but not less 
    than quarterly, submit a report on the activities of such 
    officers--
            ``(A)(i) to the appropriate committees of Congress, 
        including the Committee on the Judiciary of the Senate, the 
        Committee on the Judiciary of the House of Representatives, the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate, the Committee on Oversight and Government Reform of the 
        House of Representatives, the Select Committee on Intelligence 
        of the Senate, and the Permanent Select Committee on 
        Intelligence of the House of Representatives;
            ``(ii) to the head of such department, agency, or element; 
        and
            ``(iii) to the Privacy and Civil Liberties Oversight Board; 
        and
            ``(B) which shall be in unclassified form to the greatest 
        extent possible, with a classified annex where necessary.
        ``(2) Contents.--Each report submitted under paragraph (1) 
    shall include information on the discharge of each of the functions 
    of the officer concerned, including--
            ``(A) information on the number and types of reviews 
        undertaken;
            ``(B) the type of advice provided and the response given to 
        such advice;
            ``(C) the number and nature of the complaints received by 
        the department, agency, or element concerned for alleged 
        violations; and
            ``(D) a summary of the disposition of such complaints, the 
        reviews and inquiries conducted, and the impact of the 
        activities of such officer.
    ``(g) Informing the Public.--Each privacy officer and civil 
liberties officer shall--
        ``(1) make the reports of such officer, including reports to 
    Congress, available to the public to the greatest extent that is 
    consistent with the protection of classified information and 
    applicable law; and
        ``(2) otherwise inform the public of the activities of such 
    officer, as appropriate and in a manner consistent with the 
    protection of classified information and applicable law.
    ``(h) Savings Clause.--Nothing in this section shall be construed 
to limit or otherwise supplant any other authorities or 
responsibilities provided by law to privacy officers or civil liberties 
officers.''.
    (b) Clerical Amendment.--The table of contents for the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is 
amended by striking the item relating to section 1062 and inserting the 
following new item:

``Sec. 1062. Privacy and civil liberties officers.''.
    SEC. 804. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.
    (a) Short Title.--This section may be cited as the ``Federal Agency 
Data Mining Reporting Act of 2007''.
    (b) Definitions.--In this section:
        (1) Data mining.--The term ``data mining'' means a program 
    involving pattern-based queries, searches, or other analyses of 1 
    or more electronic databases, where--
            (A) a department or agency of the Federal Government, or a 
        non-Federal entity acting on behalf of the Federal Government, 
        is conducting the queries, searches, or other analyses to 
        discover or locate a predictive pattern or anomaly indicative 
        of terrorist or criminal activity on the part of any individual 
        or individuals;
            (B) the queries, searches, or other analyses are not 
        subject-based and do not use personal identifiers of a specific 
        individual, or inputs associated with a specific individual or 
        group of individuals, to retrieve information from the database 
        or databases; and
            (C) the purpose of the queries, searches, or other analyses 
        is not solely--
                (i) the detection of fraud, waste, or abuse in a 
            Government agency or program; or
                (ii) the security of a Government computer system.
        (2) Database.--The term ``database'' does not include telephone 
    directories, news reporting, information publicly available to any 
    member of the public without payment of a fee, or databases of 
    judicial and administrative opinions or other legal research 
    sources.
    (c) Reports on Data Mining Activities by Federal Agencies.--
        (1) Requirement for report.--The head of each department or 
    agency of the Federal Government that is engaged in any activity to 
    use or develop data mining shall submit a report to Congress on all 
    such activities of the department or agency under the jurisdiction 
    of that official. The report shall be produced in coordination with 
    the privacy officer of that department or agency, if applicable, 
    and shall be made available to the public, except for an annex 
    described in subparagraph (C).
        (2) Content of report.--Each report submitted under 
    subparagraph (A) shall include, for each activity to use or develop 
    data mining, the following information:
            (A) A thorough description of the data mining activity, its 
        goals, and, where appropriate, the target dates for the 
        deployment of the data mining activity.
            (B) A thorough description of the data mining technology 
        that is being used or will be used, including the basis for 
        determining whether a particular pattern or anomaly is 
        indicative of terrorist or criminal activity.
            (C) A thorough description of the data sources that are 
        being or will be used.
            (D) An assessment of the efficacy or likely efficacy of the 
        data mining activity in providing accurate information 
        consistent with and valuable to the stated goals and plans for 
        the use or development of the data mining activity.
            (E) An assessment of the impact or likely impact of the 
        implementation of the data mining activity on the privacy and 
        civil liberties of individuals, including a thorough 
        description of the actions that are being taken or will be 
        taken with regard to the property, privacy, or other rights or 
        privileges of any individual or individuals as a result of the 
        implementation of the data mining activity.
            (F) A list and analysis of the laws and regulations that 
        govern the information being or to be collected, reviewed, 
        gathered, analyzed, or used in conjunction with the data mining 
        activity, to the extent applicable in the context of the data 
        mining activity.
            (G) A thorough discussion of the policies, procedures, and 
        guidelines that are in place or that are to be developed and 
        applied in the use of such data mining activity in order to--
                (i) protect the privacy and due process rights of 
            individuals, such as redress procedures; and
                (ii) ensure that only accurate and complete information 
            is collected, reviewed, gathered, analyzed, or used, and 
            guard against any harmful consequences of potential 
            inaccuracies.
        (3) Annex.--
            (A) In general.--A report under subparagraph (A) shall 
        include in an annex any necessary--
                (i) classified information;
                (ii) law enforcement sensitive information;
                (iii) proprietary business information; or
                (iv) trade secrets (as that term is defined in section 
            1839 of title 18, United States Code).
            (B) Availability.--Any annex described in clause (i)--
                (i) shall be available, as appropriate, and consistent 
            with the National Security Act of 1947 (50 U.S.C. 401 et 
            seq.), to the Committee on Homeland Security and 
            Governmental Affairs, the Committee on the Judiciary, the 
            Select Committee on Intelligence, the Committee on 
            Appropriations, and the Committee on Banking, Housing, and 
            Urban Affairs of the Senate and the Committee on Homeland 
            Security, the Committee on the Judiciary, the Permanent 
            Select Committee on Intelligence, the Committee on 
            Appropriations, and the Committee on Financial Services of 
            the House of Representatives; and
                (ii) shall not be made available to the public.
        (4) Time for report.--Each report required under subparagraph 
    (A) shall be--
            (A) submitted not later than 180 days after the date of 
        enactment of this Act; and
            (B) updated not less frequently than annually thereafter, 
        to include any activity to use or develop data mining engaged 
        in after the date of the prior report submitted under 
        subparagraph (A).

                 TITLE IX--PRIVATE SECTOR PREPAREDNESS

    SEC. 901. PRIVATE SECTOR PREPAREDNESS.
    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.), as amended by section 409, is further amended by 
adding at the end the following:
    ``SEC. 523. GUIDANCE AND RECOMMENDATIONS.
    ``(a) In General.--Consistent with their responsibilities and 
authorities under law, as of the day before the date of the enactment 
of this section, the Administrator and the Assistant Secretary for 
Infrastructure Protection, in consultation with the private sector, may 
develop guidance or recommendations and identify best practices to 
assist or foster action by the private sector in--
        ``(1) identifying potential hazards and assessing risks and 
    impacts;
        ``(2) mitigating the impact of a wide variety of hazards, 
    including weapons of mass destruction;
        ``(3) managing necessary emergency preparedness and response 
    resources;
        ``(4) developing mutual aid agreements;
        ``(5) developing and maintaining emergency preparedness and 
    response plans, and associated operational procedures;
        ``(6) developing and conducting training and exercises to 
    support and evaluate emergency preparedness and response plans and 
    operational procedures;
        ``(7) developing and conducting training programs for security 
    guards to implement emergency preparedness and response plans and 
    operations procedures; and
        ``(8) developing procedures to respond to requests for 
    information from the media or the public.
    ``(b) Issuance and Promotion.--Any guidance or recommendations 
developed or best practices identified under subsection (a) shall be--
        ``(1) issued through the Administrator; and
        ``(2) promoted by the Secretary to the private sector.
    ``(c) Small Business Concerns.--In developing guidance or 
recommendations or identifying best practices under subsection (a), the 
Administrator and the Assistant Secretary for Infrastructure Protection 
shall take into consideration small business concerns (under the 
meaning given that term in section 3 of the Small Business Act (15 
U.S.C. 632)), including any need for separate guidance or 
recommendations or best practices, as necessary and appropriate.
    ``(d) Rule of Construction.--Nothing in this section may be 
construed to supersede any requirement established under any other 
provision of law.
    ``SEC. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND 
      CERTIFICATION PROGRAM.
    ``(a) Establishment.--
        ``(1) In general.--The Secretary, acting through the officer 
    designated under paragraph (2), shall establish and implement the 
    voluntary private sector preparedness accreditation and 
    certification program in accordance with this section.
        ``(2) Designation of officer.--The Secretary shall designate an 
    officer responsible for the accreditation and certification program 
    under this section. Such officer (hereinafter referred to in this 
    section as the `designated officer') shall be one of the following:
            ``(A) The Administrator, based on consideration of--
                ``(i) the expertise of the Administrator in emergency 
            management and preparedness in the United States; and
                ``(ii) the responsibilities of the Administrator as the 
            principal advisor to the President for all matters relating 
            to emergency management in the United States.
            ``(B) The Assistant Secretary for Infrastructure 
        Protection, based on consideration of the expertise of the 
        Assistant Secretary in, and responsibilities for--
                ``(i) protection of critical infrastructure;
                ``(ii) risk assessment methodologies; and
                ``(iii) interacting with the private sector on the 
            issues described in clauses (i) and (ii).
            ``(C) The Under Secretary for Science and Technology, based 
        on consideration of the expertise of the Under Secretary in, 
        and responsibilities associated with, standards.
        ``(3) Coordination.--In carrying out the accreditation and 
    certification program under this section, the designated officer 
    shall coordinate with--
            ``(A) the other officers of the Department referred to in 
        paragraph (2), using the expertise and responsibilities of such 
        officers; and
            ``(B) the Special Assistant to the Secretary for the 
        Private Sector, based on consideration of the expertise of the 
        Special Assistant in, and responsibilities for, interacting 
        with the private sector.
    ``(b) Voluntary Private Sector Preparedness Standards; Voluntary 
Accreditation and Certification Program for the Private Sector.--
        ``(1) Accreditation and certification program.--Not later than 
    210 days after the date of enactment of the Implementing 
    Recommendations of the 9/11 Commission Act of 2007, the designated 
    officer shall--
            ``(A) begin supporting the development and updating, as 
        necessary, of voluntary preparedness standards through 
        appropriate organizations that coordinate or facilitate the 
        development and use of voluntary consensus standards and 
        voluntary consensus standards development organizations; and
            ``(B) in consultation with representatives of appropriate 
        organizations that coordinate or facilitate the development and 
        use of voluntary consensus standards, appropriate voluntary 
        consensus standards development organizations, each private 
        sector advisory council created under section 102(f)(4), 
        appropriate representatives of State and local governments, 
        including emergency management officials, and appropriate 
        private sector advisory groups, such as sector coordinating 
        councils and information sharing and analysis centers--
                ``(i) develop and promote a program to certify the 
            preparedness of private sector entities that voluntarily 
            choose to seek certification under the program; and
                ``(ii) implement the program under this subsection 
            through any entity with which the designated officer enters 
            into an agreement under paragraph (3)(A), which shall 
            accredit third parties to carry out the certification 
            process under this section.
        ``(2) Program elements.--
            ``(A) In general.--
                ``(i) Program.--The program developed and implemented 
            under this subsection shall assess whether a private sector 
            entity complies with voluntary preparedness standards.
                ``(ii) Guidelines.--In developing the program under 
            this subsection, the designated officer shall develop 
            guidelines for the accreditation and certification 
            processes established under this subsection.
            ``(B) Standards.--The designated officer, in consultation 
        with representatives of appropriate organizations that 
        coordinate or facilitate the development 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), 
        appropriate representatives of State and local governments, 
        including emergency management officials, and appropriate 
        private sector advisory groups such as sector coordinating 
        councils and information sharing and analysis centers--
                ``(i) shall adopt one or more appropriate voluntary 
            preparedness standards that promote preparedness, which may 
            be tailored to address the unique nature of various sectors 
            within the private sector, as necessary and appropriate, 
            that shall be used in the accreditation and certification 
            program under this subsection; and
                ``(ii) after the adoption of one or more standards 
            under clause (i), may adopt additional voluntary 
            preparedness standards or modify or discontinue the use of 
            voluntary preparedness standards for the accreditation and 
            certification program, as necessary and appropriate to 
            promote preparedness.
            ``(C) Submission of recommendations.--In adopting one or 
        more standards under subparagraph (B), the designated officer 
        may receive recommendations from any entity described in that 
        subparagraph relating to appropriate voluntary preparedness 
        standards, including appropriate sector specific standards, for 
        adoption in the program.
            ``(D) Small business concerns.--The designated officer and 
        any entity with which the designated officer enters into an 
        agreement under paragraph (3)(A) shall establish separate 
        classifications and methods of certification for small business 
        concerns (under the meaning given that term in section 3 of the 
        Small Business Act (15 U.S.C. 632)) for the program under this 
        subsection.
            ``(E) Considerations.--In developing and implementing the 
        program under this subsection, the designated officer shall--
                ``(i) consider the unique nature of various sectors 
            within the private sector, including preparedness 
            standards, business continuity standards, or best 
            practices, established--

                    ``(I) under any other provision of Federal law; or
                    ``(II) by any sector-specific agency, as defined 
                under Homeland Security Presidential Directive-7; and

                ``(ii) coordinate the program, as appropriate, with--

                    ``(I) other Department private sector related 
                programs; and
                    ``(II) preparedness and business continuity 
                programs in other Federal agencies.

        ``(3) Accreditation and certification processes.--
            ``(A) Agreement.--
                ``(i) In general.--Not later than 210 days after the 
            date of enactment of the Implementing Recommendations of 
            the 9/11 Commission Act of 2007, the designated officer 
            shall enter into one or more agreements with a highly 
            qualified nongovernmental entity with experience or 
            expertise in coordinating and facilitating the development 
            and use of voluntary consensus standards and in managing or 
            implementing accreditation and certification programs for 
            voluntary consensus standards, or a similarly qualified 
            private sector entity, to carry out accreditations and 
            oversee the certification process under this subsection. An 
            entity entering into an agreement with the designated 
            officer under this clause (hereinafter referred to in this 
            section as a `selected entity') shall not perform 
            certifications under this subsection.
                ``(ii) Contents.--A selected entity shall manage the 
            accreditation process and oversee the certification process 
            in accordance with the program established under this 
            subsection and accredit qualified third parties to carry 
            out the certification program established under this 
            subsection.
            ``(B) Procedures and requirements for accreditation and 
        certification.--
                ``(i) In general.--Any selected entity shall 
            collaborate to develop procedures and requirements for the 
            accreditation and certification processes under this 
            subsection, in accordance with the program established 
            under this subsection and guidelines developed under 
            paragraph (2)(A)(ii).
                ``(ii) Contents and use.--The procedures and 
            requirements developed under clause (i) shall--

                    ``(I) ensure reasonable uniformity in any 
                accreditation and certification processes if there is 
                more than one selected entity; and
                    ``(II) be used by any selected entity in conducting 
                accreditations and overseeing the certification process 
                under this subsection.

                ``(iii) Disagreement.--Any disagreement among selected 
            entities in developing procedures under clause (i) shall be 
            resolved by the designated officer.
            ``(C) Designation.--A selected entity may accredit any 
        qualified third party to carry out the certification process 
        under this subsection.
            ``(D) Disadvantaged business involvement.--In accrediting 
        qualified third parties to carry out the certification process 
        under this subsection, a selected entity shall ensure, to the 
        extent practicable, that the third parties include qualified 
        small, minority, women-owned, or disadvantaged business 
        concerns when appropriate. The term `disadvantaged business 
        concern' means a small business that is owned and controlled by 
        socially and economically disadvantaged individuals, as defined 
        in section 124 of title 13, United States Code of Federal 
        Regulations.
            ``(E) Treatment of other certifications.--At the request of 
        any entity seeking certification, any selected entity may 
        consider, as appropriate, other relevant certifications 
        acquired by the entity seeking certification. If the selected 
        entity determines that such other certifications are sufficient 
        to meet the certification requirement or aspects of the 
        certification requirement under this section, the selected 
        entity may give credit to the entity seeking certification, as 
        appropriate, to avoid unnecessarily duplicative certification 
        requirements.
            ``(F) Third parties.--To be accredited under subparagraph 
        (C), a third party shall--
                ``(i) demonstrate that the third party has the ability 
            to certify private sector entities in accordance with the 
            procedures and requirements developed under subparagraph 
            (B);
                ``(ii) agree to perform certifications in accordance 
            with such procedures and requirements;
                ``(iii) agree not to have any beneficial interest in or 
            any direct or indirect control over--

                    ``(I) a private sector entity for which that third 
                party conducts a certification under this subsection; 
                or
                    ``(II) any organization that provides preparedness 
                consulting services to private sector entities;

                ``(iv) 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 subsection;
                ``(v) maintain liability insurance coverage at policy 
            limits in accordance with the requirements developed under 
            subparagraph (B); and
                ``(vi) 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 
            subsection.
            ``(G) Monitoring.--
                ``(i) In general.--The designated officer and any 
            selected entity shall regularly monitor and inspect the 
            operations of any third party conducting certifications 
            under this subsection to ensure that the third party is 
            complying with the procedures and requirements established 
            under subparagraph (B) and all other applicable 
            requirements.
                ``(ii) Revocation.--If the designated officer or any 
            selected entity determines that a third party is not 
            meeting the procedures or requirements established under 
            subparagraph (B), the selected entity shall--

                    ``(I) revoke the accreditation of that third party 
                to conduct certifications under this subsection; and
                    ``(II) review any certification conducted by that 
                third party, as necessary and appropriate.

        ``(4) Annual review.--
            ``(A) In general.--The designated officer, in consultation 
        with representatives of appropriate organizations that 
        coordinate or facilitate the development and use of voluntary 
        consensus standards, appropriate voluntary consensus standards 
        development organizations, appropriate representatives of State 
        and local governments, including emergency management 
        officials, and each private sector advisory council created 
        under section 102(f)(4), shall annually review the voluntary 
        accreditation and certification program established under this 
        subsection to ensure the effectiveness of such program 
        (including the operations and management of such program by any 
        selected entity and the selected entity's inclusion of 
        qualified disadvantaged business concerns under paragraph 
        (3)(D)) and make improvements and adjustments to the program as 
        necessary and appropriate.
            ``(B) Review of standards.--Each review under subparagraph 
        (A) shall include an assessment of the voluntary preparedness 
        standard or standards used in the program under this 
        subsection.
        ``(5) Voluntary participation.--Certification under this 
    subsection shall be voluntary for any private sector entity.
        ``(6) Public listing.--The designated officer shall maintain 
    and make public a listing of any private sector entity certified as 
    being in compliance with the program established under this 
    subsection, if that private sector entity consents to such listing.
    ``(c) Rule of Construction.--Nothing in this section may be 
construed as--
        ``(1) a requirement to replace any preparedness, emergency 
    response, or business continuity standards, requirements, or best 
    practices established--
            ``(A) under any other provision of federal law; or
            ``(B) by any sector-specific agency, as those agencies are 
        defined under Homeland Security Presidential Directive-7; or
        ``(2) exempting any private sector entity seeking certification 
    or meeting certification requirements under subsection (b) from 
    compliance with all applicable statutes, regulations, directives, 
    policies, and industry codes of practice.''.
    (b) Report to Congress.--Not later than 210 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 and the Committee on Transportation and 
Infrastructure of the House of Representatives a report detailing--
        (1) any action taken to implement section 524(b) of the 
    Homeland Security Act of 2002, as added by subsection (a), 
    including a discussion of--
            (A) the separate methods of classification and 
        certification for small business concerns (under the meaning 
        given that term in section 3 of the Small Business Act (15 
        U.S.C. 632)) as compared to other private sector entities; and
            (B) whether the separate classifications and methods of 
        certification for small business concerns are likely to help to 
        ensure that such measures are not overly burdensome and are 
        adequate to meet the voluntary preparedness standard or 
        standards adopted by the program under section 524(b) of the 
        Homeland Security Act of 2002, as added by subsection (a); and
        (2) the status, as of the date of that report, of the 
    implementation of that subsection.
    (c) Deadline for Designation of Officer.--The Secretary of Homeland 
Security shall designate the officer as described in section 524 of the 
Homeland Security Act of 2002, as added by subsection (a), by not later 
than 30 days after the date of the enactment of this Act.
    (d) Definition.--Section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101) is amended by adding at the end the following:
        ``(18) The term `voluntary 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).''.
    (e) Clerical Amendments.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end the following:

``Sec. 523. Guidance and recommendations.
``Sec. 524. Voluntary private sector preparedness accreditation and 
          certification program.''.

    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section 
and the amendments made by this section.
    SEC. 902. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF THE 
      DEPARTMENT.
    (a) In General.--Section 102(f) of the Homeland Security Act of 
2002 (6 U.S.C. 112(f)) is amended--
        (1) by redesignating paragraphs (8) through (10) as paragraphs 
    (9) through (11), respectively; and
        (2) by inserting after paragraph (7) the following:
        ``(8) providing information to the private sector regarding 
    voluntary preparedness standards and the business justification for 
    preparedness and promoting to the private sector the adoption of 
    voluntary preparedness standards;''.
    (b) Private Sector Advisory Councils.--Section 102(f)(4) of the 
Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is amended--
        (1) in subparagraph (A), by striking ``and'' at the end;
        (2) in subparagraph (B), by inserting ``and'' after the 
    semicolon at the end; and
        (3) by adding at the end the following:
            ``(C) advise the Secretary on private sector preparedness 
        issues, including effective methods for--
                ``(i) promoting voluntary preparedness standards to the 
            private sector; and
                ``(ii) assisting the private sector in adopting 
            voluntary preparedness standards;''.

          TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

SEC. 1001. NATIONAL ASSET DATABASE.
    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002, as amended by title V, is further amended by adding at the 
end the following new section:
``SEC. 210E. NATIONAL ASSET DATABASE.
    ``(a) Establishment.--
        ``(1) National asset database.--The Secretary shall establish 
    and maintain a national database of each system or asset that--
            ``(A) the Secretary, in consultation with appropriate 
        homeland security officials of the States, determines to be 
        vital and the loss, interruption, incapacity, or destruction of 
        which would have a negative or debilitating effect on the 
        economic security, public health, or safety of the United 
        States, any State, or any local government; or
            ``(B) the Secretary determines is appropriate for inclusion 
        in the database.
        ``(2) Prioritized critical infrastructure list.--In accordance 
    with Homeland Security Presidential Directive-7, as in effect on 
    January 1, 2007, the Secretary shall establish and maintain a 
    single classified prioritized list of systems and assets included 
    in the database under paragraph (1) that the Secretary determines 
    would, if destroyed or disrupted, cause national or regional 
    catastrophic effects.
    ``(b) Use of Database.--The Secretary shall use the database 
established under subsection (a)(1) in the development and 
implementation of Department plans and programs as appropriate.
    ``(c) Maintenance of Database.--
        ``(1) In general.--The Secretary shall maintain and annually 
    update the database established under subsection (a)(1) and the 
    list established under subsection (a)(2), including--
            ``(A) establishing data collection guidelines and providing 
        such guidelines to the appropriate homeland security official 
        of each State;
            ``(B) regularly reviewing the guidelines established under 
        subparagraph (A), including by consulting with the appropriate 
        homeland security officials of States, to solicit feedback 
        about the guidelines, as appropriate;
            ``(C) after providing the homeland security official of a 
        State with the guidelines under subparagraph (A), allowing the 
        official a reasonable amount of time to submit to the Secretary 
        any data submissions recommended by the official for inclusion 
        in the database established under subsection (a)(1);
            ``(D) examining the contents and identifying any 
        submissions made by such an official that are described 
        incorrectly or that do not meet the guidelines established 
        under subparagraph (A); and
            ``(E) providing to the appropriate homeland security 
        official of each relevant State a list of submissions 
        identified under subparagraph (D) for review and possible 
        correction before the Secretary finalizes the decision of which 
        submissions will be included in the database established under 
        subsection (a)(1).
        ``(2) Organization of information in database.--The Secretary 
    shall organize the contents of the database established under 
    subsection (a)(1) and the list established under subsection (a)(2) 
    as the Secretary determines is appropriate. Any organizational 
    structure of such contents shall include the categorization of the 
    contents--
            ``(A) according to the sectors listed in National 
        Infrastructure Protection Plan developed pursuant to Homeland 
        Security Presidential Directive-7; and
            ``(B) by the State and county of their location.
        ``(3) Private sector integration.--The Secretary shall identify 
    and evaluate methods, including the Department's Protected Critical 
    Infrastructure Information Program, to acquire relevant private 
    sector information for the purpose of using that information to 
    generate any database or list, including the database established 
    under subsection (a)(1) and the list established under subsection 
    (a)(2).
        ``(4) Retention of classification.--The classification of 
    information required to be provided to Congress, the Department, or 
    any other department or agency under this section by a sector-
    specific agency, including the assignment of a level of 
    classification of such information, shall be binding on Congress, 
    the Department, and that other Federal agency.
    ``(d) Reports.--
        ``(1) Report required.--Not later than 180 days after the date 
    of the enactment of the Implementing Recommendations of the 9/11 
    Commission Act of 2007, 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 on the database established under 
    subsection (a)(1) and the list established under subsection (a)(2).
        ``(2) Contents of report.--Each such report shall include the 
    following:
            ``(A) The name, location, and sector classification of each 
        of the systems and assets on the list established under 
        subsection (a)(2).
            ``(B) The name, location, and sector classification of each 
        of the systems and assets on such list that are determined by 
        the Secretary to be most at risk to terrorism.
            ``(C) Any significant challenges in compiling the list of 
        the systems and assets included on such list or in the database 
        established under subsection (a)(1).
            ``(D) Any significant changes from the preceding report in 
        the systems and assets included on such list or in such 
        database.
            ``(E) If appropriate, the extent to which such database and 
        such list have been used, individually or jointly, for 
        allocating funds by the Federal Government to prevent, reduce, 
        mitigate, or respond to acts of terrorism.
            ``(F) The amount of coordination between the Department and 
        the private sector, through any entity of the Department that 
        meets with representatives of private sector industries for 
        purposes of such coordination, for the purpose of ensuring the 
        accuracy of such database and such list.
            ``(G) Any other information the Secretary deems relevant.
        ``(3) Classified information.--The report shall be submitted in 
    unclassified form but may contain a classified annex.
    ``(e) Inspector General Study.--By not later than two years after 
the date of enactment of the Implementing Recommendations of the 9/11 
Commission Act of 2007, the Inspector General of the Department shall 
conduct a study of the implementation of this section.
    ``(f) National Infrastructure Protection Consortium.--The Secretary 
may establish a consortium to be known as the `National Infrastructure 
Protection Consortium'. The Consortium may advise the Secretary on the 
best way to identify, generate, organize, and maintain any database or 
list of systems and assets established by the Secretary, including the 
database established under subsection (a)(1) and the list established 
under subsection (a)(2). If the Secretary establishes the National 
Infrastructure Protection Consortium, the Consortium may--
        ``(1) be composed of national laboratories, Federal agencies, 
    State and local homeland security organizations, academic 
    institutions, or national Centers of Excellence that have 
    demonstrated experience working with and identifying critical 
    infrastructure and key resources; and
        ``(2) provide input to the Secretary on any request pertaining 
    to the contents of such database or such list.''.
    (b) Deadlines for Implementation and Notification of Congress.--Not 
later than 180 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall submit the first report required 
under section 210E(d) of the Homeland Security Act of 2002, as added by 
subsection (a).
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by inserting after the item relating to 
section 210D the following:

``Sec. 210E. National Asset Database.''.
SEC. 1002. RISK ASSESSMENTS AND REPORT.
    (a) Risk Assessments.--Section 201(d) of the Homeland Security Act 
of 2002 (6 U.S.C. 121(d)) is further amended by adding at the end the 
following new paragraph:
        ``(25) To prepare and submit to the Committee on Homeland 
    Security and Governmental Affairs of the Senate and the Committee 
    on Homeland Security in the House of Representatives, and to other 
    appropriate congressional committees having jurisdiction over the 
    critical infrastructure or key resources, for each sector 
    identified in the National Infrastructure Protection Plan, a report 
    on the comprehensive assessments carried out by the Secretary of 
    the critical infrastructure and key resources of the United States, 
    evaluating threat, vulnerability, and consequence, as required 
    under this subsection. Each such report--
            ``(A) shall contain, if applicable, actions or 
        countermeasures recommended or taken by the Secretary or the 
        head of another Federal agency to address issues identified in 
        the assessments;
            ``(B) shall be required for fiscal year 2007 and each 
        subsequent fiscal year and shall be submitted not later than 35 
        days after the last day of the fiscal year covered by the 
        report; and
            ``(C) may be classified.''.
    (b) Report on Industry Preparedness.--Not later than 6 months after 
the last day of fiscal year 2007 and each subsequent fiscal year, the 
Secretary of Homeland Security, 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 to reduce interruption of critical 
infrastructure and key resource operations during an act of terrorism, 
natural catastrophe, or other similar national emergency.
SEC. 1003. SENSE OF CONGRESS REGARDING THE INCLUSION OF LEVEES IN THE 
NATIONAL INFRASTRUCTURE PROTECTION PLAN.
    It is the sense of Congress that the Secretary should ensure that 
levees are included in one of the critical infrastructure and key 
resources sectors identified in the National Infrastructure Protection 
Plan.

    TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

SEC. 1101. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. et seq.) is amended by adding at the end the following:
    ``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
    ``(a) Establishment.--The Secretary shall establish, operate, and 
maintain a National Biosurveillance Integration Center (referred to in 
this section as the `NBIC'), which shall be headed by a Directing 
Officer, under an office or directorate of the Department that is in 
existence as of the date of the enactment of this section.
    ``(b) Primary Mission.--The primary mission of the NBIC is to--
        ``(1) enhance the capability of the Federal Government to--
            ``(A) rapidly identify, characterize, localize, and track a 
        biological event of national concern by integrating and 
        analyzing data relating to human health, animal, plant, food, 
        and environmental monitoring systems (both national and 
        international); and
            ``(B) disseminate alerts and other information to Member 
        Agencies and, in coordination with (and where possible through) 
        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 concern; 
        and
        ``(2) oversee development and operation of the National 
    Biosurveillance Integration System.
    ``(c) Requirements.--The NBIC shall detect, as early as possible, a 
biological event of national concern that presents a risk to the United 
States or the infrastructure or key assets of the United States, 
including by--
        ``(1) consolidating data from all relevant surveillance systems 
    maintained by Member Agencies to detect biological events of 
    national concern across human, animal, and plant species;
        ``(2) seeking private sources of surveillance, both foreign and 
    domestic, when such sources would enhance coverage of critical 
    surveillance gaps;
        ``(3) using an information technology system that uses the best 
    available statistical and other analytical tools to identify and 
    characterize biological events of national concern in as close to 
    real-time as is practicable;
        ``(4) providing the infrastructure for such integration, 
    including information technology systems and space, and support for 
    personnel from Member Agencies with sufficient expertise to enable 
    analysis and interpretation of data;
        ``(5) working with Member Agencies to create information 
    technology systems that use the minimum amount of patient data 
    necessary and consider patient confidentiality and privacy issues 
    at all stages of development and apprise the Privacy Officer of 
    such efforts; and
        ``(6) alerting Member Agencies and, in coordination with (and 
    where possible through) Member Agencies, public health agencies of 
    State, local, and tribal governments regarding any incident that 
    could develop into a biological event of national concern.
    ``(d) Responsibilities of the Directing Officer of the NBIC.--
        ``(1) In general.--The Directing Officer of the NBIC shall--
            ``(A) on an ongoing basis, monitor the availability and 
        appropriateness of surveillance systems used by the NBIC and 
        those systems that could enhance biological situational 
        awareness or the overall performance of the NBIC;
            ``(B) on an ongoing basis, review and seek to improve the 
        statistical and other analytical methods used by the NBIC;
            ``(C) receive and consider other relevant homeland security 
        information, as appropriate; and
            ``(D) 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 NBIC.
        ``(2) Assessments.--The Directing Officer of the NBIC shall--
            ``(A) on an ongoing basis, evaluate available data for 
        evidence of a biological event of national concern; and
            ``(B) integrate homeland security information with NBIC 
        data to provide overall situational awareness and determine 
        whether a biological event of national concern has occurred.
        ``(3) Information sharing.--
            ``(A) In general.--The Directing Officer of the NBIC 
        shall--
                ``(i) establish a method of real-time communication 
            with the National Operations Center;
                ``(ii) in the event that a biological event of national 
            concern is detected, notify the Secretary and disseminate 
            results of NBIC assessments relating to that biological 
            event of national concern to appropriate Federal response 
            entities and, in coordination with relevant Member 
            Agencies, regional, State, local, and tribal governmental 
            response entities in a timely manner;
                ``(iii) provide any report on NBIC assessments to 
            Member Agencies and, in coordination 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 concern; 
            and
                ``(iv) share NBIC 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 under that section.
            ``(B) Consultation.--The Directing Officer of the NBIC 
        shall implement the activities described in subparagraph (A) 
        consistent with the policies, guidelines, procedures, 
        instructions, or standards established under section 1016 of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C. 485) and in consultation with the Director of National 
        Intelligence, the Under Secretary for Intelligence and 
        Analysis, and other offices or agencies of the Federal 
        Government, as appropriate.
    ``(e) Responsibilities of the NBIC Member Agencies.--
        ``(1) In general.--Each Member Agency shall--
            ``(A) use its best efforts to integrate biosurveillance 
        information into the NBIC, with the goal of promoting 
        information sharing between Federal, State, local, and tribal 
        governments to detect biological events of national concern;
            ``(B) provide timely information to assist the NBIC in 
        maintaining biological situational awareness for accurate 
        detection and response purposes;
            ``(C) enable the NBIC to receive and use biosurveillance 
        information from member agencies to carry out its requirements 
        under subsection (c);
            ``(D) connect the biosurveillance data systems of that 
        Member Agency to the NBIC data system under mutually agreed 
        protocols that are consistent with subsection (c)(5);
            ``(E) participate in the formation of strategy and policy 
        for the operation of the NBIC and its information sharing;
            ``(F) 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; and
            ``(G) retain responsibility for the surveillance and 
        intelligence systems of that department or agency, if 
        applicable.
    ``(f) Administrative Authorities.--
        ``(1) Hiring of experts.--The Directing Officer of the NBIC 
    shall hire individuals with the necessary expertise to develop and 
    operate the NBIC.
        ``(2) Detail of personnel.--Upon the request of the Directing 
    Officer of the NBIC, the head of any Federal department or agency 
    may detail, on a reimbursable basis, any of the personnel of that 
    department or agency to the Department to assist the NBIC in 
    carrying out this section.
    ``(g) NBIC Interagency Working Group.--The Directing Officer of the 
NBIC shall--
        ``(1) establish an interagency working group to facilitate 
    interagency cooperation and to advise the Directing Officer of the 
    NBIC regarding recommendations to enhance the biosurveillance 
    capabilities of the Department; and
        ``(2) invite Member Agencies to serve on that working group.
    ``(h) Relationship to Other Departments and Agencies.--The 
authority of the Directing Officer of the NBIC under this section shall 
not affect any authority or responsibility of any other department or 
agency of the Federal Government with respect to biosurveillance 
activities under any program administered by that department or agency.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
    ``(j) Definitions.--In this section:
        ``(1) The terms `biological agent' and `toxin' have the 
    meanings given those terms in section 178 of title 18, United 
    States Code.
        ``(2) The term `biological event of national concern' means--
            ``(A) an act of terrorism involving a biological agent or 
        toxin; or
            ``(B) a naturally occurring outbreak of an infectious 
        disease that may result in a national epidemic.
        ``(3) The term `homeland security information' has the meaning 
    given that term in section 892.
        ``(4) The term `Member Agency' means any Federal department or 
    agency that, at the discretion of the head of that department or 
    agency, has entered a memorandum of understanding regarding 
    participation in the NBIC.
        ``(5) The term `Privacy Officer' means the Privacy Officer 
    appointed under section 222.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 315 the following:

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

    (c) Deadline for Implementation.--The National Biosurveillance 
Integration Center under section 316 of the Homeland Security Act, as 
added by subsection (a), shall be fully operational by not later than 
September 30, 2008.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, 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 
an interim report on the status of the operations at the National 
Biosurviellance Integration Center that addresses the efforts of the 
Center to integrate the surveillance efforts of Federal, State, local, 
and tribal governments. When the National Biosurveillance Integration 
Center is fully operational, the Secretary shall submit to such 
committees a final report on the status of such operations.
SEC. 1102. BIOSURVEILLANCE EFFORTS.
    The Comptroller General of the United States shall submit to 
Congress a report--
        (1) describing the state of Federal, State, local, and tribal 
    government biosurveillance efforts as of the date of such report;
        (2) describing any duplication of effort at the Federal, State, 
    local, or tribal government level to create biosurveillance 
    systems; and
        (3) providing the recommendations of the Comptroller General 
    regarding--
            (A) the integration of biosurveillance systems;
            (B) the effective use of biosurveillance resources; and
            (C) the effective use of the expertise of Federal, State, 
        local, and tribal governments.
SEC. 1103. INTERAGENCY COORDINATION TO ENHANCE DEFENSES AGAINST NUCLEAR 
AND RADIOLOGICAL WEAPONS OF MASS DESTRUCTION.
    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after section 1906, as redesignated by 
section 104, the following:
``SEC. 1907. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL NUCLEAR 
DETECTION ARCHITECTURE.
    ``(a) Annual Review.--
        ``(1) In general.--The Secretary, the Attorney General, the 
    Secretary of State, the Secretary of Defense, the Secretary of 
    Energy, and the Director of National Intelligence shall jointly 
    ensure interagency coordination on the development and 
    implementation of the global nuclear detection architecture by 
    ensuring that, not less frequently than once each year--
            ``(A) each relevant agency, office, or entity--
                ``(i) assesses its involvement, support, and 
            participation in the development, revision, and 
            implementation of the global nuclear detection 
            architecture; and
                ``(ii) examines and evaluates components of the global 
            nuclear detection architecture (including associated 
            strategies and acquisition plans) relating 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 relating to nuclear or 
            radiological weapons of mass destruction; and
            ``(B) each agency, office, or entity deploying or operating 
        any nuclear or radiological detection technology under the 
        global nuclear detection architecture--
                ``(i) evaluates the deployment and operation of nuclear 
            or radiological detection technologies under the global 
            nuclear detection architecture by that agency, office, or 
            entity;
                ``(ii) identifies performance deficiencies and 
            operational or technical deficiencies in nuclear or 
            radiological detection technologies deployed under the 
            global nuclear detection architecture; and
                ``(iii) assesses the capacity of that agency, office, 
            or entity to implement the responsibilities of that agency, 
            office, or entity under the global nuclear detection 
            architecture.
        ``(2) Technology.--Not less frequently than once each year, the 
    Secretary shall examine and evaluate the development, assessment, 
    and acquisition of radiation detection technologies deployed or 
    implemented in support of the domestic portion of the global 
    nuclear detection architecture.
    ``(b) Annual Report on Joint Interagency Review.--
        ``(1) In general.--Not later than March 31 of each year, 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 submit a report regarding the 
    implementation of this section and the results of the reviews 
    required under subsection (a) to--
            ``(A) the President;
            ``(B) the Committee on Appropriations, the Committee on 
        Armed Services, the Select Committee on Intelligence, and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate; and
            ``(C) the Committee on Appropriations, the Committee on 
        Armed Services, the Permanent Select Committee on Intelligence, 
        the Committee on Homeland Security, and the Committee on 
        Science and Technology of the House of Representatives.
        ``(2) Form.--The annual report submitted under paragraph (1) 
    shall be submitted in unclassified form to the maximum extent 
    practicable, but may include a classified annex.
    ``(c) Definition.--In this section, the term `global nuclear 
detection architecture' means the global nuclear detection architecture 
developed under section 1902.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by 
inserting after the item relating to section 1906, as added by section 
104, the following:

``Sec. 1907. Joint annual interagency review of global nuclear detection 
          architecture.''.
SEC. 1104. INTEGRATION OF DETECTION EQUIPMENT AND TECHNOLOGIES.
    (a) Responsibility of Secretary.--The Secretary of Homeland 
Security shall have responsibility for ensuring that domestic chemical, 
biological, radiological, and nuclear detection equipment and 
technologies are integrated, as appropriate, with other border security 
systems and detection technologies.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary shall submit a report to Congress that contains 
a plan to develop a departmental technology assessment process to 
determine and certify the technology readiness levels of chemical, 
biological, radiological, and nuclear detection technologies before the 
full deployment of such technologies within the United States.

  TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

SEC. 1201. DEFINITIONS.
    For purposes of this title, the following terms apply:
        (1) Department.--The term ``Department'' means the Department 
    of Homeland Security.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    Homeland Security.
SEC. 1202. TRANSPORTATION SECURITY STRATEGIC PLANNING.
    (a) In General.--Section 114(t)(1)(B) of title 49, United States 
Code, is amended to read as follows:
            ``(B) transportation modal security plans addressing 
        security risks, including threats, vulnerabilities, and 
        consequences, for aviation, railroad, ferry, highway, maritime, 
        pipeline, public transportation, over-the-road bus, and other 
        transportation infrastructure assets.''.
    (b) Contents of the National Strategy for Transportation 
Security.--Section 114(t)(3) of such title is amended--
        (1) in subparagraph (B), by inserting ``, based on risk 
    assessments conducted or received by the Secretary of Homeland 
    Security (including assessments conducted under the Implementing 
    Recommendations of the 9/11 Commission Act of 2007'' after ``risk 
    based priorities'';
        (2) in subparagraph (D)--
            (A) by striking ``and local'' and inserting ``local, and 
        tribal''; and
            (B) by striking ``private sector cooperation and 
        participation'' and inserting ``cooperation and participation 
        by private sector entities, including nonprofit employee labor 
        organizations,'';
        (3) in subparagraph (E)--
            (A) by striking ``response'' and inserting ``prevention, 
        response,''; and
            (B) by inserting ``and threatened and executed acts of 
        terrorism outside the United States to the extent such acts 
        affect United States transportation systems'' before the period 
        at the end;
        (4) in subparagraph (F), by adding at the end the following: 
    ``Transportation security research and development projects 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 or the Secretary of Transportation 
    before the date of enactment of the Implementing Recommendations of 
    the 9/11 Commission Act of 2007.''; and
        (5) by adding at the end the following:
            ``(G) A 3- and 10-year budget for Federal transportation 
        security programs that will achieve the priorities of the 
        National Strategy for Transportation Security.
            ``(H) Methods for linking the individual transportation 
        modal security plans and the programs contained therein, and a 
        plan for addressing the security needs of intermodal 
        transportation.
            ``(I) Transportation modal security plans described in 
        paragraph (1)(B), 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 other 
        incident. 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) and the National Maritime Transportation 
        Security Plan required under section 70103(a) of title 46.''.
    (c) Periodic Progress Reports.--Section 114(t)(4) of such title is 
amended--
        (1) in subparagraph (C)--
            (A) in clause (i) by inserting ``, including the 
        transportation modal security plans'' before the period at the 
        end; and
            (B) by striking clause (ii) and inserting the following:
                ``(ii) Content.--Each progress report submitted under 
            this subparagraph shall include, at a minimum, the 
            following:

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

                        ``(aa) funds requested in the President's 
                    budget submitted pursuant to section 1105 of title 
                    31 for the most recent fiscal year for 
                    transportation security, by mode;
                        ``(bb) personnel working on transportation 
                    security by mode, including the number of 
                    contractors; and
                        ``(cc) information on the turnover in the 
                    previous year among senior staff of the Department 
                    of Homeland Security, including component agencies, 
                    working on transportation security issues. Such 
                    information shall include the number of employees 
                    who have permanently left the office, agency, or 
                    area in which they worked, and the amount of time 
                    that they worked for the Department.
                ``(iii) Written explanation of transportation security 
            activities not delineated in the national strategy for 
            transportation security.--At the end of each fiscal year, 
            the Secretary of Homeland Security shall submit to the 
            appropriate congressional committees a written explanation 
            of any Federal transportation security activity that is 
            inconsistent with the National Strategy for Transportation 
            Security, including the amount of funds to be expended for 
            the activity and the number of personnel involved.''; and
        (2) by striking subparagraph (E) and inserting the following:
            ``(E) Appropriate congressional committees defined.--In 
        this subsection, the term `appropriate congressional 
        committees' means the Committee on Transportation and 
        Infrastructure and the Committee on Homeland Security of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation, the Committee on Homeland Security 
        and Governmental Affairs, and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate.''.
    (d) Priority Status.--Section 114(t)(5)(B) of such title is 
amended--
        (1) in clause (iii), by striking ``and'' at the end;
        (2) by redesignating clause (iv) as clause (v); and
        (3) by inserting after clause (iii) the following:
                ``(iv) the transportation sector specific plan required 
            under Homeland Security Presidential Directive-7; and''.
    (e) Coordination and Plan Distribution.--Section 114(t) of such 
title is amended by adding at the end the following:
        ``(6) Coordination.--In carrying out the responsibilities under 
    this section, the Secretary of Homeland Security, in coordination 
    with the Secretary of Transportation, shall consult, as 
    appropriate, with Federal, State, and local agencies, tribal 
    governments, private sector entities (including nonprofit employee 
    labor organizations), institutions of higher learning, and other 
    entities.
        ``(7) Plan distribution.--The Secretary of Homeland Security 
    shall make available and appropriately publicize 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 nonprofit employee labor organizations 
    representing transportation employees, institutions of higher 
    learning, and other appropriate entities.''.
SEC. 1203. TRANSPORTATION SECURITY INFORMATION SHARING.
    (a) In General.--Section 114 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(u) Transportation Security Information Sharing Plan.--
        ``(1) Definitions.--In this subsection:
            ``(A) Appropriate congressional committees.--The term 
        `appropriate congressional committees' has the meaning given 
        that term in subsection (t).
            ``(B) Plan.--The term `Plan' means the Transportation 
        Security Information Sharing Plan established under paragraph 
        (2).
            ``(C) Public and private stakeholders.--The term `public 
        and private stakeholders' means Federal, State, and local 
        agencies, tribal governments, and appropriate private entities, 
        including nonprofit employee labor organizations representing 
        transportation employees.
            ``(D) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(E) Transportation security information.--The term 
        `transportation security information' means information 
        relating to the risks to transportation modes, including 
        aviation, public transportation, railroad, ferry, highway, 
        maritime, pipeline, and over-the-road bus transportation, and 
        may include specific and general intelligence products, as 
        appropriate.
        ``(2) Establishment of plan.--The Secretary of Homeland 
    Security, in consultation with the program manager of the 
    information sharing environment established under section 1016 of 
    the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
    U.S.C. 485), the Secretary of Transportation, and public and 
    private stakeholders, shall establish a Transportation Security 
    Information Sharing Plan. In establishing the Plan, the Secretary 
    shall gather input on the development of the Plan from private and 
    public stakeholders and the program manager of the information 
    sharing environment established under section 1016 of the 
    Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
    485).
        ``(3) Purpose of plan.--The Plan shall promote sharing of 
    transportation security information between the Department of 
    Homeland Security and public and private stakeholders.
        ``(4) Content of plan.--The Plan shall include--
            ``(A) a description of how intelligence analysts within the 
        Department of Homeland Security will coordinate their 
        activities within the Department and with other Federal, State, 
        and local agencies, and tribal governments, including 
        coordination with existing modal information sharing centers 
        and the center described in section 1410 of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007;
            ``(B) the establishment of a point of contact, which may be 
        a single point of contact within the Department of Homeland 
        Security, for each mode of transportation for the sharing of 
        transportation security information with public and private 
        stakeholders, including an explanation and justification to the 
        appropriate congressional committees if the point of contact 
        established pursuant to this subparagraph differs from the 
        agency within the Department that has the primary authority, or 
        has been delegated such authority by the Secretary, to regulate 
        the security of that transportation mode;
            ``(C) a reasonable deadline by which the Plan will be 
        implemented; and
            ``(D) a description of resource needs for fulfilling the 
        Plan.
        ``(5) Coordination with information sharing .--The Plan shall 
    be--
            ``(A) implemented in coordination, as appropriate, with the 
        program manager for the information sharing environment 
        established under section 1016 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
            ``(B) consistent with the establishment of the information 
        sharing environment and any policies, guidelines, procedures, 
        instructions, or standards established by the President or the 
        program manager for the implementation and management of the 
        information sharing environment.
        ``(6) Reports to congress.--
            ``(A) In general.--Not later than 150 days after the date 
        of enactment of this subsection, and annually thereafter, the 
        Secretary shall submit to the appropriate congressional 
        committees, a report containing the Plan.
            ``(B) Annual report.--Not later than 1 year after the date 
        of enactment of this subsection, the Secretary shall submit to 
        the appropriate congressional committees a report on updates to 
        and the implementation of the Plan.
        ``(7) Survey and report.--
            ``(A) In general.--The Comptroller General of the United 
        States shall conduct a biennial survey of the satisfaction of 
        recipients of transportation intelligence reports disseminated 
        under the Plan.
            ``(B) Information sought.--The survey conducted under 
        subparagraph (A) shall seek information about the quality, 
        speed, regularity, and classification of the transportation 
        security information products disseminated by the Department of 
        Homeland Security to public and private stakeholders.
            ``(C) Report.--Not later than 1 year after the date of the 
        enactment of the Implementing Recommendations of the 9/11 
        Commission Act of 2007, and every even numbered year 
        thereafter, the Comptroller General shall submit to the 
        appropriate congressional committees, a report on the results 
        of the survey conducted under subparagraph (A). The Comptroller 
        General shall also provide a copy of the report to the 
        Secretary.
        ``(8) Security clearances.--The Secretary shall, to the 
    greatest extent practicable, take steps to expedite the security 
    clearances needed for designated public and private stakeholders to 
    receive and obtain access to classified information distributed 
    under this section, as appropriate.
        ``(9) Classification of material.--The Secretary, to the 
    greatest extent practicable, shall provide designated public and 
    private stakeholders with transportation security information in an 
    unclassified format.''.
    (b) Congressional Oversight of Security Assurance for Public and 
Private Stakeholders.--
        (1) In general.--Except as provided in paragraph (2), the 
    Secretary shall provide a semiannual report to the Committee on 
    Homeland Security and Governmental Affairs, the Committee on 
    Commerce, Science, and Transportation, and the Committee on 
    Banking, Housing, and Urban Affairs of the Senate and the Committee 
    on Homeland Security and the Committee on Transportation and 
    Infrastructure of the House of Representatives that includes--
            (A) the number of public and private stakeholders who were 
        provided with each report;
            (B) a description of the measures the Secretary has taken, 
        under section 114(u)(7) of title 49, United States Code, as 
        added by this section, or otherwise, to ensure proper treatment 
        and security for any classified information to be shared with 
        the public and private stakeholders under the Plan; and
            (C) an explanation of the reason for the denial of 
        transportation security information to any stakeholder who had 
        previously received such information.
        (2) No report required if no changes in stakeholders.--The 
    Secretary is not required to provide a semiannual report under 
    paragraph (1) if no stakeholders have been added to or removed from 
    the group of persons with whom transportation security information 
    is shared under the plan since the end of the period covered by the 
    last preceding semiannual report.
SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
    (a) In General.--The Secretary is authorized to establish, operate, 
and maintain a National Domestic Preparedness Consortium within the 
Department.
    (b) Members.--Members of the National Domestic Preparedness 
Consortium shall consist of--
        (1) the Center for Domestic Preparedness;
        (2) the National Energetic Materials Research and Testing 
    Center, New Mexico Institute of Mining and Technology;
        (3) the National Center for Biomedical Research and Training, 
    Louisiana State University;
        (4) the National Emergency Response and Rescue Training Center, 
    Texas A&M University;
        (5) the National Exercise, Test, and Training Center, Nevada 
    Test Site;
        (6) the Transportation Technology Center, Incorporated, in 
    Pueblo, Colorado; and
        (7) the National Disaster Preparedness Training Center, 
    University of Hawaii.
    (c) Duties.--The National Domestic Preparedness Consortium shall 
identify, develop, test, and deliver training to State, local, and 
tribal emergency response providers, provide on-site and mobile 
training at the performance and management and planning levels, and 
facilitate the delivery of training by the training partners of the 
Department.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary--
        (1) for the Center for Domestic Preparedness--
            (A) $57,000,000 for fiscal year 2008;
            (B) $60,000,000 for fiscal year 2009;
            (C) $63,000,000 for fiscal year 2010; and
            (D) $66,000,000 for fiscal year 2011; and
        (2) for the National Energetic Materials Research and Testing 
    Center, the National Center for Biomedical Research and Training, 
    the National Emergency Response and Rescue Training Center, the 
    National Exercise, Test, and Training Center, the Transportation 
    Technology Center, Incorporated, and the National Disaster 
    Preparedness Training Center each--
            (A) $22,000,000 for fiscal year 2008;
            (B) $23,000,000 for fiscal year 2009;
            (C) $24,000,000 for fiscal year 2010; and
            (D) $25,500,000 for fiscal year 2011.
    (e) Savings Provision.--From the amounts appropriated pursuant to 
this section, the Secretary shall ensure that future amounts provided 
to each of the following entities are not less than the amounts 
provided to each such entity for participation in the Consortium in 
fiscal year 2007--
        (1) the Center for Domestic Preparedness;
        (2) the National Energetic Materials Research and Testing 
    Center, New Mexico Institute of Mining and Technology;
        (3) the National Center for Biomedical Research and Training, 
    Louisiana State University;
        (4) the National Emergency Response and Rescue Training Center, 
    Texas A&M University; and
        (5) the National Exercise, Test, and Training Center, Nevada 
    Test Site.
SEC. 1205. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE.
    (a) Establishment.--The Secretary shall establish a National 
Transportation Security Center of Excellence to conduct research and 
education activities, and to develop or provide professional security 
training, including the training of transportation employees and 
transportation professionals.
    (b) Designation.--The Secretary shall select one of the 
institutions identified in subsection (c) as the lead institution 
responsible for coordinating the National Transportation Security 
Center of Excellence.
    (c) Member Institutions.--
        (1) Consortium.--The institution of higher education selected 
    under subsection (b) shall execute agreements with the other 
    institutions of higher education identified in this subsection and 
    other institutions designated by the Secretary to develop a 
    consortium to assist in accomplishing the goals of the Center.
        (2) Members.--The National Transportation Security Center of 
    Excellence shall consist of--
            (A) Texas Southern University in Houston, Texas;
            (B) the National Transit Institute at Rutgers, The State 
        University of New Jersey;
            (C) Tougaloo College;
            (D) the Connecticut Transportation Institute at the 
        University of Connecticut;
            (E) the Homeland Security Management Institute, Long Island 
        University;
            (F) the Mack-Blackwell National Rural Transportation Study 
        Center at the University of Arkansas; and
            (G) any additional institutions or facilities designated by 
        the Secretary.
        (3) Certain inclusions.--To the extent practicable, the 
    Secretary shall ensure that an appropriate number of any additional 
    consortium colleges or universities designated by the Secretary 
    under this subsection are Historically Black Colleges and 
    Universities, Hispanic Serving Institutions, and Indian Tribally 
    Controlled Colleges and Universities.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
        (1) $18,000,000 for fiscal year 2008;
        (2) $18,000,000 for fiscal year 2009;
        (3) $18,000,000 for fiscal year 2010; and
        (4) $18,000,000 for fiscal year 2011.
SEC. 1206. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR 
SUSPICIOUS BEHAVIOR AND RESPONSE.
    (a) Immunity for Reports of Suspected Terrorist Activity or 
Suspicious Behavior.--
        (1) In general.--Any person who, in good faith and based on 
    objectively reasonable suspicion, makes, or causes to be made, a 
    voluntary report of covered activity to an authorized official 
    shall be immune from civil liability under Federal, State, and 
    local law for such report.
        (2) False reports.--Paragraph (1) shall not apply to any report 
    that the person knew to be false or was made with reckless 
    disregard for the truth at the time that person made that report.
    (b) Immunity for Response.--
        (1) In general.--Any authorized official who observes, or 
    receives a report of, covered activity and takes reasonable action 
    in good faith to respond to such activity shall have qualified 
    immunity from civil liability for such action, consistent with 
    applicable law in the relevant jurisdiction. An authorized official 
    as defined by subsection (d)(1)(A) not entitled to assert the 
    defense of qualified immunity shall nevertheless be immune from 
    civil liability under Federal, State, and local law if such 
    authorized official takes reasonable action, in good faith, to 
    respond to the reported activity.
        (2) Savings clause.--Nothing in this subsection shall affect 
    the ability of any authorized official to assert any defense, 
    privilege, or immunity that would otherwise be available, and this 
    subsection shall not be construed as affecting any such defense, 
    privilege, or immunity.
    (c) Attorney Fees and Costs.--Any person or authorized official 
found to be immune from civil liability under this section shall be 
entitled to recover from the plaintiff all reasonable costs and 
attorney fees.
    (d) Definitions.--In this section:
        (1) Authorized official.--The term ``authorized official'' 
    means--
            (A) any employee or agent of a passenger transportation 
        system or other person with responsibilities relating to the 
        security of such systems;
            (B) any officer, employee, or agent of the Department of 
        Homeland Security, the Department of Transportation, or the 
        Department of Justice with responsibilities relating to the 
        security of passenger transportation systems; or
            (C) any Federal, State, or local law enforcement officer.
        (2) Covered activity.--The term ``covered activity'' means any 
    suspicious transaction, activity, or occurrence that involves, or 
    is directed against, a passenger transportation system or vehicle 
    or its passengers indicating that an individual may be engaging, or 
    preparing to engage, in a violation of law relating to--
            (A) a threat to a passenger transportation system or 
        passenger safety or security; or
            (B) an act of terrorism (as that term is defined in section 
        3077 of title 18, United States Code).
        (3) Passenger transportation.--The term ``passenger 
    transportation'' means--
            (A) public transportation, as defined in section 5302 of 
        title 49, United States Code;
            (B) over-the-road bus transportation, as defined in title 
        XV of this Act, and school bus transportation;
            (C) intercity passenger rail transportation as defined in 
        section 24102 of title 49, United States Code;
            (D) the transportation of passengers onboard a passenger 
        vessel as defined in section 2101 of title 46, United States 
        Code;
            (E) other regularly scheduled waterborne transportation 
        service of passengers by vessel of at least 20 gross tons; and
            (F) air transportation, as defined in section 40102 of 
        title 49, United States Code, of passengers.
        (4) Passenger transportation system.--The term ``passenger 
    transportation system'' means an entity or entities organized to 
    provide passenger transportation using vehicles, including the 
    infrastructure used to provide such transportation.
        (5) Vehicle.--The term ``vehicle'' has the meaning given to 
    that term in section 1992(16) of title 18, United States Code.
    (e) Effective Date.--This section shall take effect on October 1, 
2006, and shall apply to all activities and claims occurring on or 
after such date.

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

SEC. 1301. DEFINITIONS.
    For purposes of this title, the following terms apply:
        (1) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means the Committee on 
    Commerce, Science, and Transportation, the Committee on Banking, 
    Housing, and Urban Affairs, and the Committee on Homeland Security 
    and Governmental Affairs of the Senate and the Committee on 
    Homeland Security and the Committee on Transportation and 
    Infrastructure of the House of Representatives.
        (2) Department.--The term ``Department'' means the Department 
    of Homeland Security.
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    Homeland Security.
        (4) State.--The term ``State'' means any one of the 50 States, 
    the District of Columbia, Puerto Rico, the Northern Mariana 
    Islands, the Virgin Islands, Guam, American Samoa, and any other 
    territory or possession of the United States.
        (5) Terrorism.--The term ``terrorism'' has the meaning that 
    term has in section 2 of the Homeland Security Act of 2002 (6 
    U.S.C. 101).
        (6) United states.--The term ``United States'' means the 50 
    States, the District of Columbia, Puerto Rico, the Northern Mariana 
    Islands, the Virgin Islands, Guam, American Samoa, and any other 
    territory or possession of the United States.
SEC. 1302. ENFORCEMENT AUTHORITY.
    (a) In General.--Section 114 of title 49, United States Code, as 
amended by section 1203 of this Act, is further amended by adding at 
the end the following:
    ``(v) Enforcement of Regulations and Orders of the Secretary of 
Homeland Security.--
        ``(1) Application of subsection.--
            ``(A) In general.--This subsection applies to the 
        enforcement of regulations prescribed, and orders issued, by 
        the Secretary of Homeland Security under a provision of chapter 
        701 of title 46 and under a provision of this title other than 
        a provision of chapter 449 (in this subsection referred to as 
        an `applicable provision of this title').
            ``(B) Violations of chapter 449.--The penalties for 
        violations of regulations prescribed and orders issued by the 
        Secretary of Homeland Security under chapter 449 of this title 
        are provided under chapter 463 of this title.
            ``(C) Nonapplication to certain violations.--
                ``(i) Paragraphs (2) through (5) do not apply to 
            violations of regulations prescribed, and orders issued, by 
            the Secretary of Homeland Security under a provision of 
            this title--

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

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

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

                ``(ii) the action is in rem or another action in rem 
            based on the same violation has been brought; or
                ``(iii) another action has been brought for an 
            injunction based on the same violation.
            ``(D) Maximum penalty.--The maximum civil penalty the 
        Secretary administratively may impose under this paragraph is--
                ``(i) $400,000, if the violation was committed by a 
            person other than an individual or small business concern; 
            or
                ``(ii) $50,000, if the violation was committed by an 
            individual or small business concern.
            ``(E) Notice and opportunity to request hearing.--Before 
        imposing a penalty under this section the Secretary shall 
        provide to the person against whom the penalty is to be 
        imposed--
                ``(i) written notice of the proposed penalty; and
                ``(ii) the opportunity to request a hearing on the 
            proposed penalty, if the Secretary receives the request not 
            later than 30 days after the date on which the person 
            receives notice.
        ``(4) Compromise and setoff.--
            ``(A) The Secretary may compromise the amount of a civil 
        penalty imposed under this subsection.
            ``(B) The Government may deduct the amount of a civil 
        penalty imposed or compromised under this subsection from 
        amounts it owes the person liable for the penalty.
        ``(5) Investigations and proceedings.--Chapter 461 shall apply 
    to investigations and proceedings brought under this subsection to 
    the same extent that it applies to investigations and proceedings 
    brought with respect to aviation security duties designated to be 
    carried out by the Secretary.
        ``(6) Definitions.--In this subsection:
            ``(A) Person.--The term `person' does not include--
                ``(i) the United States Postal Service; or
                ``(ii) the Department of Defense.
            ``(B) Small business concern.--The term `small business 
        concern' has the meaning given that term in section 3 of the 
        Small Business Act (15 U.S.C. 632).
        ``(7) Enforcement transparency.--
            ``(A) In general.--Not later than December 31, 2008, and 
        annually thereafter, the Secretary shall--
                ``(i) provide an annual summary to the public of all 
            enforcement actions taken by the Secretary under this 
            subsection; and
                ``(ii) include in each such summary the docket number 
            of each enforcement action, the type of alleged violation, 
            the penalty or penalties proposed, and the final assessment 
            amount of each penalty.
            ``(B) Electronic availability.--Each summary under this 
        paragraph shall be made available to the public by electronic 
        means.
            ``(C) Relationship to the freedom of information act and 
        the privacy act.--Nothing in this subsection shall be construed 
        to require disclosure of information or records that are exempt 
        from disclosure under sections 552 or 552a of title 5.
            ``(D) Enforcement guidance.--Not later than 180 days after 
        the enactment of the Implementing Recommendations of the 9/11 
        Commission Act of 2007, the Secretary shall provide a report to 
        the public describing the enforcement process established under 
        this subsection.''.
    (b) Conforming Amendment.--Section 46301(a)(4) of title 49, United 
States Code, is amended by striking ``or another requirement under this 
title administered by the Under Secretary of Transportation for 
Security''.
SEC. 1303. AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION AND RESPONSE 
TEAMS.
    (a) In General.--The Secretary, acting through the Administrator of 
the Transportation Security Administration, may develop Visible 
Intermodal Prevention and Response (referred to in this section as 
``VIPR'') teams to augment the security of any mode of transportation 
at any location within the United States. In forming a VIPR team, the 
Secretary--
        (1) may use any asset of the Department, including Federal air 
    marshals, surface transportation security inspectors, canine 
    detection teams, and advanced screening technology;
        (2) may determine when a VIPR team shall be deployed, as well 
    as the duration of the deployment;
        (3) shall, prior to and during the deployment, consult with 
    local security and law enforcement officials in the jurisdiction 
    where the VIPR team is or will be deployed, to develop and agree 
    upon the appropriate operational protocols and provide relevant 
    information about the mission of the VIPR team, as appropriate; and
        (4) shall, prior to and during the deployment, consult with all 
    transportation entities directly affected by the deployment of a 
    VIPR team, as appropriate, including railroad carriers, air 
    carriers, airport owners, over-the-road bus operators and terminal 
    owners and operators, motor carriers, public transportation 
    agencies, owners or operators of highways, port operators and 
    facility owners, vessel owners and operators and pipeline 
    operators.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section such sums as 
necessary for fiscal years 2007 through 2011.
SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS.
    (a) In General.--The Secretary, acting through the Administrator of 
the Transportation Security Administration, is authorized to train, 
employ, and utilize surface transportation security inspectors.
    (b) Mission.--The Secretary shall use surface transportation 
security inspectors to assist surface transportation carriers, 
operators, owners, entities, and facilities to enhance their security 
against terrorist attack and other security threats and to assist the 
Secretary in enforcing applicable surface transportation security 
regulations and directives.
    (c) Authorities.--Surface transportation security inspectors 
employed pursuant to this section shall be authorized such powers and 
delegated such responsibilities as the Secretary determines 
appropriate, subject to subsection (e).
    (d) Requirements.--The Secretary shall require that surface 
transportation security inspectors have relevant transportation 
experience and other security and inspection qualifications, as 
determined appropriate.
    (e) Limitations.--
        (1) Inspectors.--Surface transportation inspectors shall be 
    prohibited from issuing fines to public transportation agencies, as 
    defined in title XIV, for violations of the Department's 
    regulations or orders except through the process described in 
    paragraph (2).
        (2) Civil penalties.--The Secretary shall be prohibited from 
    assessing civil penalties against public transportation agencies, 
    as defined in title XIV, for violations of the Department's 
    regulations or orders, except in accordance with the following:
            (A) In the case of a public transportation agency that is 
        found to be in violation of a regulation or order issued by the 
        Secretary, the Secretary shall seek correction of the violation 
        through a written notice to the public transportation agency 
        and shall give the public transportation agency reasonable 
        opportunity to correct the violation or propose an alternative 
        means of compliance acceptable to the Secretary.
            (B) If the public transportation agency does not correct 
        the violation or propose an alternative means of compliance 
        acceptable to the Secretary within a reasonable time period 
        that is specified in the written notice, the Secretary may take 
        any action authorized in section 114 of title 49, United States 
        Code, as amended by this Act.
        (3) Limitation on secretary.--The Secretary shall not initiate 
    civil enforcement actions for violations of administrative and 
    procedural requirements pertaining to the application for, and 
    expenditure of, funds awarded under transportation security grant 
    programs under this Act.
    (f) Number of Inspectors.--The Secretary shall employ up to a total 
of--
        (1) 100 surface transportation security inspectors in fiscal 
    year 2007;
        (2) 150 surface transportation security inspectors in fiscal 
    year 2008;
        (3) 175 surface transportation security inspectors in fiscal 
    year 2009; and
        (4) 200 surface transportation security inspectors in fiscal 
    years 2010 and 2011.
    (g) Coordination.--The Secretary shall ensure that the mission of 
the surface transportation security inspectors is consistent with any 
relevant risk assessments required by this Act or completed by the 
Department, the modal plans required under section 114(t) of title 49, 
United States Code, the Memorandum of Understanding between the 
Department and the Department of Transportation on Roles and 
Responsibilities, dated September 28, 2004, and any and all subsequent 
annexes to this Memorandum of Understanding, and other relevant 
documents setting forth the Department's transportation security 
strategy, as appropriate.
    (h) Consultation.--The Secretary shall periodically consult with 
the surface transportation entities which are or may be inspected by 
the surface transportation security inspectors, including, as 
appropriate, railroad carriers, over-the-road bus operators and 
terminal owners and operators, motor carriers, public transportation 
agencies, owners or operators of highways, and pipeline operators on--
        (1) the inspectors' duties, responsibilities, authorities, and 
    mission; and
        (2) strategies to improve transportation security and to ensure 
    compliance with transportation security requirements.
    (i) Report.--Not later than September 30, 2008, the Department of 
Homeland Security Inspector General shall transmit a report to the 
appropriate congressional committees on the performance and 
effectiveness of surface transportation security inspectors, whether 
there is a need for additional inspectors, and other recommendations.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section--
        (1) $11,400,000 for fiscal year 2007;
        (2) $17,100,000 for fiscal year 2008;
        (3) $19,950,000 for fiscal year 2009;
        (4) $22,800,000 for fiscal year 2010; and
        (5) $22,800,000 for fiscal year 2011.
SEC. 1305. SURFACE TRANSPORTATION SECURITY TECHNOLOGY INFORMATION 
SHARING.
    (a) In General.--
        (1) Information sharing.--The Secretary, in consultation with 
    the Secretary of Transportation, shall establish a program to 
    provide appropriate information that the Department has gathered or 
    developed on the performance, use, and testing of technologies that 
    may be used to enhance railroad, public transportation, and surface 
    transportation security to surface transportation entities, 
    including railroad carriers, over-the-road bus operators and 
    terminal owners and operators, motor carriers, public 
    transportation agencies, owners or operators of highways, pipeline 
    operators, and State, local, and tribal governments that provide 
    security assistance to such entities.
        (2) Designation of qualified antiterrorism technologies.--The 
    Secretary shall include in such information provided in paragraph 
    (1) whether the technology is designated as a qualified 
    antiterrorism technology under the Support Anti-terrorism by 
    Fostering Effective Technologies Act of 2002 (Public Law 107-296), 
    as appropriate.
    (b) Purpose.--The purpose of the program is to assist eligible 
grant recipients under this Act and others, as appropriate, to purchase 
and use the best technology and equipment available to meet the 
security needs of the Nation's surface transportation system.
    (c) Coordination.--The Secretary shall ensure that the program 
established under this section makes use of and is consistent with 
other Department technology testing, information sharing, evaluation, 
and standards-setting programs, as appropriate.
SEC. 1306. TSA PERSONNEL LIMITATIONS.
    Any statutory limitation on the number of employees in the 
Transportation Security Administration does not apply to employees 
carrying out this title and titles XII, XIV, and XV.
SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING PROGRAM.
    (a) Definitions.--For purposes of this section, the term 
``explosives detection canine team'' means a canine and a canine 
handler that are trained to detect explosives, radiological materials, 
chemical, nuclear or biological weapons, or other threats as defined by 
the Secretary.
    (b) In General.--
        (1) Increased capacity.--Not later than 180 days after the date 
    of enactment of this Act, the Secretary of Homeland Security 
    shall--
            (A) begin to increase the number of explosives detection 
        canine teams certified by the Transportation Security 
        Administration for the purposes of transportation-related 
        security by up to 200 canine teams annually by the end of 2010; 
        and
            (B) encourage State, local, and tribal governments and 
        private owners of high-risk transportation facilities to 
        strengthen security through the use of highly trained 
        explosives detection canine teams.
        (2) Explosives detection canine teams.--The Secretary of 
    Homeland Security shall increase the number of explosives detection 
    canine teams by--
            (A) using the Transportation Security Administration's 
        National Explosives Detection Canine Team Training Center, 
        including expanding and upgrading existing facilities, 
        procuring and breeding additional canines, and increasing 
        staffing and oversight commensurate with the increased training 
        and deployment capabilities;
            (B) partnering with other Federal, State, or local 
        agencies, nonprofit organizations, universities, or the private 
        sector to increase the training capacity for canine detection 
        teams;
            (C) procuring explosives detection canines trained by 
        nonprofit organizations, universities, or the private sector 
        provided they are trained in a manner consistent with the 
        standards and requirements developed pursuant to subsection (c) 
        or other criteria developed by the Secretary; or
            (D) a combination of subparagraphs (A), (B), and (C), as 
        appropriate.
    (c) Standards for Explosives Detection Canine Teams.--
        (1) In general.--Based on the feasibility in meeting the 
    ongoing demand for quality explosives detection canine teams, the 
    Secretary shall establish criteria, including canine training 
    curricula, performance standards, and other requirements approved 
    by the Transportation Security Administration necessary to ensure 
    that explosives detection canine teams trained by nonprofit 
    organizations, universities, and private sector entities are 
    adequately trained and maintained.
        (2) Expansion.--In developing and implementing such curriculum, 
    performance standards, and other requirements, the Secretary 
    shall--
            (A) coordinate with key stakeholders, including 
        international, Federal, State, and local officials, and private 
        sector and academic entities to develop best practice 
        guidelines for such a standardized program, as appropriate;
            (B) require that explosives detection canine teams trained 
        by nonprofit organizations, universities, or private sector 
        entities that are used or made available by the Secretary be 
        trained consistent with specific training criteria developed by 
        the Secretary; and
            (C) review the status of the private sector programs on at 
        least an annual basis to ensure compliance with training 
        curricula, performance standards, and other requirements.
    (d) Deployment.--The Secretary shall--
        (1) use the additional explosives detection canine teams as 
    part of the Department's efforts to strengthen security across the 
    Nation's transportation network, and may use the canine teams on a 
    more limited basis to support other homeland security missions, as 
    determined appropriate by the Secretary;
        (2) make available explosives detection canine teams to all 
    modes of transportation, for high-risk areas or to address specific 
    threats, on an as-needed basis and as otherwise determined 
    appropriate by the Secretary;
        (3) encourage, but not require, any transportation facility or 
    system to deploy TSA-certified explosives detection canine teams 
    developed under this section; and
        (4) consider specific needs and training requirements for 
    explosives detection canine teams to be deployed across the 
    Nation's transportation network, including in venues of multiple 
    modes of transportation, as appropriate.
    (e) Canine Procurement.--The Secretary, acting through the 
Administrator of the Transportation Security Administration, shall work 
to ensure that explosives detection canine teams are procured as 
efficiently as possible and at the best price, while maintaining the 
needed level of quality, including, if appropriate, through increased 
domestic breeding.
    (f) Study.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall report to the appropriate 
congressional committees on the utilization of explosives detection 
canine teams to strengthen security and the capacity of the national 
explosive detection canine team program.
    (g) Authorization.--There are authorized to be appropriated to the 
Secretary such sums as may be necessary to carry out this section for 
fiscal years 2007 through 2011.
SEC. 1308. MARITIME AND SURFACE TRANSPORTATION SECURITY USER FEE STUDY.
    (a) In General.--The Secretary of Homeland Security shall conduct a 
study of the need for, and feasibility of, establishing a system of 
maritime and surface transportation-related user fees that may be 
imposed and collected as a dedicated revenue source, on a temporary or 
continuing basis, to provide necessary funding for legitimate 
improvements to, and maintenance of, maritime and surface 
transportation security, including vessel and facility plans required 
under section 70103(c) of title 46, United States Code. In developing 
the study, the Secretary shall consult with maritime and surface 
transportation carriers, shippers, passengers, facility owners and 
operators, and other persons as determined by the Secretary. Not later 
than 1 year after the date of the enactment of this Act, the Secretary 
shall submit a report to the appropriate congressional committees that 
contains--
        (1) the results of the study;
        (2) an assessment of the annual sources of funding collected 
    through maritime and surface transportation at ports of entry and a 
    detailed description of the distribution and use of such funds, 
    including the amount and percentage of such sources that are 
    dedicated to improve and maintain security;
        (3) an assessment of--
            (A) the fees, charges, and standards imposed on United 
        States ports, port terminal operators, shippers, carriers, and 
        other persons who use United States ports of entry compared 
        with the fees and charges imposed on Canadian and Mexican 
        ports, Canadian and Mexican port terminal operators, shippers, 
        carriers, and other persons who use Canadian or Mexican ports 
        of entry; and
            (B) the impact of such fees, charges, and standards on the 
        competitiveness of United States ports, port terminal 
        operators, railroad carriers, motor carriers, pipelines, other 
        transportation modes, and shippers;
        (4) the private efforts and investments to secure maritime and 
    surface transportation modes, including those that are operational 
    and those that are planned; and
        (5) the Secretary's recommendations based upon the study, and 
    an assessment of the consistency of such recommendations with the 
    international obligations and commitments of the United States.
    (b) Definitions.--In this section:
        (1) Port of entry.--The term ``port of entry'' means any port 
    or other facility through which foreign goods are permitted to 
    enter the customs territory of a country under official 
    supervision.
        (2) Maritime and surface transportation.--The term ``maritime 
    and surface transportation'' includes ocean borne and vehicular 
    transportation.
SEC. 1309. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO 
CONVICTED FELONS.
    (a) In General.--Section 70105 of title 46, United States Code, is 
amended--
        (1) in subsection (b)(1), by striking ``decides that the 
    individual poses a security risk under subsection (c)'' and 
    inserting ``determines under subsection (c) that the individual 
    poses a security risk''; and
        (2) in subsection (c), by amending paragraph (1) to read as 
    follows:
        ``(1) Disqualifications.--
            ``(A) Permanent disqualifying criminal offenses.--Except as 
        provided under paragraph (2), an individual is permanently 
        disqualified from being issued a biometric transportation 
        security card under subsection (b) if the individual has been 
        convicted, or found not guilty by reason of insanity, in a 
        civilian or military jurisdiction of any of the following 
        felonies:
                ``(i) Espionage or conspiracy to commit espionage.
                ``(ii) Sedition or conspiracy to commit sedition.
                ``(iii) Treason or conspiracy to commit treason.
                ``(iv) A Federal crime of terrorism (as defined in 
            section 2332b(g) of title 18), a crime under a comparable 
            State law, or conspiracy to commit such crime.
                ``(v) A crime involving a transportation security 
            incident.
                ``(vi) Improper transportation of a hazardous material 
            in violation of section 5104(b) of title 49, or a 
            comparable State law.
                ``(vii) Unlawful possession, use, sale, distribution, 
            manufacture, purchase, receipt, transfer, shipment, 
            transportation, delivery, import, export, or storage of, or 
            dealing in, an explosive or explosive device. In this 
            clause, an explosive or explosive device includes--

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

                ``(viii) Murder.
                ``(ix) Making any threat, or maliciously conveying 
            false information knowing the same to be false, concerning 
            the deliverance, placement, or detonation of an explosive 
            or other lethal device in or against a place of public use, 
            a State or other government facility, a public 
            transportation system, or an infrastructure facility.
                ``(x) A violation of chapter 96 of title 18, popularly 
            known as the Racketeer Influenced and Corrupt Organizations 
            Act, or a comparable State law, if one of the predicate 
            acts found by a jury or admitted by the defendant consists 
            of one of the crimes listed in this subparagraph.
                ``(xi) Attempt to commit any of the crimes listed in 
            clauses (i) through (iv).
                ``(xii) Conspiracy or attempt to commit any of the 
            crimes described in clauses (v) through (x).
            ``(B) Interim disqualifying criminal offenses.--Except as 
        provided under paragraph (2), an individual is disqualified 
        from being issued a biometric transportation security card 
        under subsection (b) if the individual has been convicted, or 
        found not guilty by reason of insanity, during the 7-year 
        period ending on the date on which the individual applies for 
        such card, or was released from incarceration during the 5-year 
        period ending on the date on which the individual applies for 
        such card, of any of the following felonies:
                ``(i) Unlawful possession, use, sale, manufacture, 
            purchase, distribution, receipt, transfer, shipment, 
            transportation, delivery, import, export, or storage of, or 
            dealing in, a firearm or other weapon. In this clause, a 
            firearm or other weapon includes--

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

                ``(ii) Extortion.
                ``(iii) Dishonesty, fraud, or misrepresentation, 
            including identity fraud and money laundering if the money 
            laundering is related to a crime described in this 
            subparagraph or subparagraph (A). In this clause, welfare 
            fraud and passing bad checks do not constitute dishonesty, 
            fraud, or misrepresentation.
                ``(iv) Bribery.
                ``(v) Smuggling.
                ``(vi) Immigration violations.
                ``(vii) Distribution of, possession with intent to 
            distribute, or importation of a controlled substance.
                ``(viii) Arson.
                ``(ix) Kidnaping or hostage taking.
                ``(x) Rape or aggravated sexual abuse.
                ``(xi) Assault with intent to kill.
                ``(xii) Robbery.
                ``(xiii) Conspiracy or attempt to commit any of the 
            crimes listed in this subparagraph.
                ``(xiv) Fraudulent entry into a seaport in violation of 
            section 1036 of title 18, or a comparable State law.
                ``(xv) A violation of the chapter 96 of title 18, 
            popularly known as the Racketeer Influenced and Corrupt 
            Organizations Act or a comparable State law, other than any 
            of the violations listed in subparagraph (A)(x).
            ``(C) Under want, warrant, or indictment.--An applicant who 
        is wanted, or under indictment, in any civilian or military 
        jurisdiction for a felony listed in paragraph (1)(A), is 
        disqualified from being issued a biometric transportation 
        security card under subsection (b) until the want or warrant is 
        released or the indictment is dismissed.
            ``(D) Other potential disqualifications.--Except as 
        provided under subparagraphs (A) through (C), an individual may 
        not be denied a transportation security card under subsection 
        (b) unless the Secretary determines that individual--
                ``(i) has been convicted within the preceding 7-year 
            period of a felony or found not guilty by reason of 
            insanity of a felony--

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

                ``(ii) has been released from incarceration within the 
            preceding 5-year period for committing a felony described 
            in clause (i);
                ``(iii) may be denied admission to the United States or 
            removed from the United States under the Immigration and 
            Nationality Act (8 U.S.C. 1101 et seq.); or
                ``(iv) otherwise poses a terrorism security risk to the 
            United States.
            ``(E) Modification of listed offenses.--The Secretary may, 
        by rulemaking, add to or modify the list of disqualifying 
        crimes described in paragraph (1)(B).''.
SEC. 1310. ROLES OF THE DEPARTMENT OF HOMELAND SECURITY AND THE 
DEPARTMENT OF TRANSPORTATION.
    The Secretary of Homeland Security is the principal Federal 
official responsible for transportation security. The roles and 
responsibilities of the Department of Homeland Security and the 
Department of Transportation in carrying out this title and titles XII, 
XIV, and XV are the roles and responsibilities of such Departments 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71); the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458); the National Infrastructure Protection Plan 
required by Homeland Security Presidential Directive-7; The Homeland 
Security Act of 2002; The National Response Plan; Executive Order No. 
13416: Strengthening Surface Transportation Security, dated December 5, 
2006; the Memorandum of Understanding between the Department and the 
Department of Transportation on Roles and Responsibilities, dated 
September 28, 2004, and any and all subsequent annexes to this 
Memorandum of Understanding; and any other relevant agreements between 
the two Departments.

               TITLE XIV--PUBLIC TRANSPORTATION SECURITY

SEC. 1401. SHORT TITLE.
    This title may be cited as the ``National Transit Systems Security 
Act of 2007''.
SEC. 1402. DEFINITIONS.
    For purposes of this title, the following terms apply:
        (1) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means the Committee on 
    Banking, Housing, and Urban Affairs, and the Committee on Homeland 
    Security and Governmental Affairs of the Senate and the Committee 
    on Homeland Security and the Committee on Transportation and 
    Infrastructure of the House of Representatives.
        (2) Department.--The term ``Department'' means the Department 
    of Homeland Security.
        (3) Disadvantaged businesses concerns.--The term 
    ``disadvantaged business concerns'' means small businesses that are 
    owned and controlled by socially and economically disadvantaged 
    individuals as defined in section 124, title 13, Code of Federal 
    Regulations.
        (4) Frontline employee.--The term ``frontline employee'' means 
    an employee of a public transportation agency who is a transit 
    vehicle driver or operator, dispatcher, maintenance and maintenance 
    support employee, station attendant, customer service employee, 
    security employee, or transit police, or any other employee who has 
    direct contact with riders on a regular basis, and any other 
    employee of a public transportation agency that the Secretary 
    determines should receive security training under section 1408.
        (5) Public transportation agency.--The term ``public 
    transportation agency'' means a publicly owned operator of public 
    transportation eligible to receive Federal assistance under chapter 
    53 of title 49, United States Code.
        (6) Secretary.--The term ``Secretary'' means the Secretary of 
    Homeland Security.
SEC. 1403. FINDINGS.
    Congress finds that--
        (1) 182 public transportation systems throughout the world have 
    been primary targets of terrorist attacks;
        (2) more than 6,000 public transportation agencies operate in 
    the United States;
        (3) people use public transportation vehicles 33,000,000 times 
    each day;
        (4) the Federal Transit Administration has invested 
    $93,800,000,000 since 1992 for construction and improvements;
        (5) the Federal investment in transit security has been 
    insufficient; and
        (6) greater Federal investment in transit security improvements 
    per passenger boarding is necessary to better protect the American 
    people, given transit's vital importance in creating mobility and 
    promoting our Nation's economy.
SEC. 1404. NATIONAL STRATEGY FOR PUBLIC TRANSPORTATION SECURITY.
    (a) National Strategy.--Not later than 9 months after the date of 
enactment of this Act and based upon the previous and ongoing security 
assessments conducted by the Department and the Department of 
Transportation, the Secretary, consistent with and as required by 
section 114(t) of title 49, United States Code, shall develop and 
implement the modal plan for public transportation, entitled the 
``National Strategy for Public Transportation Security''.
    (b) Purpose.--
        (1) Guidelines.--In developing the National Strategy for Public 
    Transportation Security, the Secretary shall establish guidelines 
    for public transportation security that--
            (A) minimize security threats to public transportation 
        systems; and
            (B) maximize the abilities of public transportation systems 
        to mitigate damage resulting from terrorist attack or other 
        major incident.
        (2) Assessments and consultations.--In developing the National 
    Strategy for Public Transportation Security, the Secretary shall--
            (A) use established and ongoing public transportation 
        security assessments as the basis of the National Strategy for 
        Public Transportation Security; and
            (B) consult with all relevant stakeholders, including 
        public transportation agencies, nonprofit labor organizations 
        representing public transportation employees, emergency 
        responders, public safety officials, and other relevant 
        parties.
    (c) Contents.--In the National Strategy for Public Transportation 
Security, the Secretary shall describe prioritized goals, objectives, 
policies, actions, and schedules to improve the security of public 
transportation.
    (d) Responsibilities.--The Secretary shall include in the National 
Strategy for Public Transportation Security a description of the roles, 
responsibilities, and authorities of Federal, State, and local 
agencies, tribal governments, and appropriate stakeholders. The plan 
shall also include--
        (1) the identification of, and a plan to address, gaps and 
    unnecessary overlaps in the roles, responsibilities, and 
    authorities of Federal agencies; and
        (2) a process for coordinating existing or future security 
    strategies and plans for public transportation, including the 
    National Infrastructure Protection Plan required by Homeland 
    Security Presidential Directive-7; Executive Order No. 13416: 
    Strengthening Surface Transportation Security dated December 5, 
    2006; the Memorandum of Understanding between the Department and 
    the Department of Transportation on Roles and Responsibilities 
    dated September 28, 2004; and subsequent annexes and agreements.
    (e) Adequacy of Existing Plans and Strategies.--In developing the 
National Strategy for Public Transportation Security, the Secretary 
shall use relevant existing risk assessments and strategies developed 
by the Department or other Federal agencies, including those developed 
or implemented pursuant to section 114(t) of title 49, United States 
Code, or Homeland Security Presidential Directive-7.
    (f) Funding.--There is authorized to be appropriated to the 
Secretary to carry out this section $2,000,000 for fiscal year 2008.
SEC. 1405. SECURITY ASSESSMENTS AND PLANS.
    (a) Public Transportation Security Assessments.--
        (1) Submission.--Not later than 30 days after the date of 
    enactment of this Act, the Administrator of the Federal Transit 
    Administration of the Department of Transportation shall submit all 
    public transportation security assessments and all other relevant 
    information to the Secretary.
        (2) Secretarial review.--Not later than 60 days after receiving 
    the submission under paragraph (1), the Secretary shall review and 
    augment the security assessments received, and conduct additional 
    security assessments as necessary to ensure that at a minimum, all 
    high risk public transportation agencies, as determined by the 
    Secretary, will have a completed security assessment.
        (3) Content.--The Secretary shall ensure that each completed 
    security assessment includes--
            (A) identification of critical assets, infrastructure, and 
        systems and their vulnerabilities; and
            (B) identification of any other security weaknesses, 
        including weaknesses in emergency response planning and 
        employee training.
    (b) Bus and Rural Public Transportation Systems.--Not later than 
180 days after the date of enactment of this Act, the Secretary shall--
        (1) conduct security assessments, based on a representative 
    sample, to determine the specific needs of--
            (A) local bus-only public transportation systems; and
            (B) public transportation systems that receive funds under 
        section 5311 of title 49, United States Code; and
        (2) make the representative assessments available for use by 
    similarly situated systems.
    (c) Security Plans.--
        (1) Requirement for plan.--
            (A) High risk agencies.--The Secretary shall require public 
        transportation agencies determined by the Secretary to be at 
        high risk for terrorism to develop a comprehensive security 
        plan. The Secretary shall provide technical assistance and 
        guidance to public transportation agencies in preparing and 
        implementing security plans under this section.
            (B) Other agencies.--Provided that no public transportation 
        agency that has not been designated high risk shall be required 
        to develop a security plan, the Secretary may also establish a 
        security program for public transportation agencies not 
        designated high risk by the Secretary, to assist those public 
        transportation agencies which request assistance, including--
                (i) guidance to assist such agencies in conducting 
            security assessments and preparing and implementing 
            security plans; and
                (ii) a process for the Secretary to review and approve 
            such assessments and plans, as appropriate.
        (2) Contents of plan.--The Secretary shall ensure that security 
    plans include, as appropriate--
            (A) a prioritized list of all items included in the public 
        transportation agency's security assessment that have not yet 
        been addressed;
            (B) a detailed list of any additional capital and 
        operational improvements identified by the Department or the 
        public transportation agency and a certification of the public 
        transportation agency's technical capacity for operating and 
        maintaining any security equipment that may be identified in 
        such list;
            (C) specific procedures to be implemented or used by the 
        public transportation agency in response to a terrorist attack, 
        including evacuation and passenger communication plans and 
        appropriate evacuation and communication measures for the 
        elderly and individuals with disabilities;
            (D) a coordinated response plan that establishes procedures 
        for appropriate interaction with State and local law 
        enforcement agencies, emergency responders, and Federal 
        officials in order to coordinate security measures and plans 
        for response in the event of a terrorist attack or other major 
        incident;
            (E) a strategy and timeline for conducting training under 
        section 1408;
            (F) plans for providing redundant and other appropriate 
        backup systems necessary to ensure the continued operation of 
        critical elements of the public transportation system in the 
        event of a terrorist attack or other major incident;
            (G) plans for providing service capabilities throughout the 
        system in the event of a terrorist attack or other major 
        incident in the city or region which the public transportation 
        system serves;
            (H) methods to mitigate damage within a public 
        transportation system in case of an attack on the system, 
        including a plan for communication and coordination with 
        emergency responders; and
            (I) other actions or procedures as the Secretary determines 
        are appropriate to address the security of the public 
        transportation system.
        (3) Review.--Not later than 6 months after receiving the plans 
    required under this section, the Secretary shall--
            (A) review each security plan submitted;
            (B) require the public transportation agency to make any 
        amendments needed to ensure that the plan meets the 
        requirements of this section; and
            (C) approve any security plan that meets the requirements 
        of this section.
        (4) Exemption.--The Secretary shall not require a public 
    transportation agency to develop a security plan under paragraph 
    (1) if the agency does not receive a grant under section 1406.
        (5) Waiver.--The Secretary may waive the exemption provided in 
    paragraph (4) to require a public transportation agency to develop 
    a security plan under paragraph (1) in the absence of grant funds 
    under section 1406 if not less than 3 days after making the 
    determination the Secretary provides the appropriate congressional 
    committees and the public transportation agency written 
    notification detailing the need for the security plan, the reasons 
    grant funding has not been made available, and the reason the 
    agency has been designated high risk.
    (d) Consistency With Other Plans.--The Secretary shall ensure that 
the security plans developed by public transportation agencies under 
this section are consistent with the security assessments developed by 
the Department and the National Strategy for Public Transportation 
Security developed under section 1404.
    (e) Updates.--Not later than September 30, 2008, and annually 
thereafter, the Secretary shall--
        (1) update the security assessments referred to in subsection 
    (a);
        (2) update the security improvement priorities required under 
    subsection (f); and
        (3) require public transportation agencies to update the 
    security plans required under subsection (c) as appropriate.
    (f) Security Improvement Priorities.--
        (1) In general.--Beginning in fiscal year 2008 and each fiscal 
    year thereafter, the Secretary, after consultation with management 
    and nonprofit employee labor organizations representing public 
    transportation employees as appropriate, and with appropriate State 
    and local officials, shall utilize the information developed or 
    received in this section to establish security improvement 
    priorities unique to each individual public transportation agency 
    that has been assessed.
        (2) Allocations.--The Secretary shall use the security 
    improvement priorities established in paragraph (1) as the basis 
    for allocating risk-based grant funds under section 1406, unless 
    the Secretary notifies the appropriate congressional committees 
    that the Secretary has determined an adjustment is necessary to 
    respond to an urgent threat or other significant national security 
    factors.
    (g) Shared Facilities.--The Secretary shall encourage the 
development and implementation of coordinated assessments and security 
plans to the extent a public transportation agency shares facilities 
(such as tunnels, bridges, stations, or platforms) with another public 
transportation agency, a freight or passenger railroad carrier, or 
over-the-road bus operator that are geographically close or otherwise 
co-located.
    (h) Nondisclosure of Information.--
        (1) Submission of information to congress.--Nothing in this 
    section shall be construed as authorizing the withholding of any 
    information from Congress.
        (2) Disclosure of independently furnished information.--Nothing 
    in this section shall be construed as affecting any authority or 
    obligation of a Federal agency to disclose any record or 
    information that the Federal agency obtains from a public 
    transportation agency under any other Federal law.
    (i) Determination.--In response to a petition by a public 
transportation agency or at the discretion of the Secretary, the 
Secretary may recognize existing procedures, protocols, and standards 
of a public transportation agency that the Secretary determines meet 
all or part of the requirements of this section regarding security 
assessments or security plans.
SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.
    (a) Security Assistance Program.--
        (1) In general.--The Secretary shall establish a program for 
    making grants to eligible public transportation agencies for 
    security improvements described in subsection (b).
        (2) Eligibility.--A public transportation agency is eligible 
    for a grant under this section if the Secretary has performed a 
    security assessment or the agency has developed a security plan 
    under section 1405. Grant funds shall only be awarded for 
    permissible uses under subsection (b) to--
            (A) address items included in a security assessment; or
            (B) further a security plan.
    (b) Uses of Funds.--A recipient of a grant under subsection (a) 
shall use the grant funds for one or more of the following:
        (1) Capital uses of funds, including--
            (A) tunnel protection systems;
            (B) perimeter protection systems, including access control, 
        installation of improved lighting, fencing, and barricades;
            (C) redundant critical operations control systems;
            (D) chemical, biological, radiological, or explosive 
        detection systems, including the acquisition of canines used 
        for such detection;
            (E) surveillance equipment;
            (F) communications equipment, including mobile service 
        equipment to provide access to wireless Enhanced 911 (E911) 
        emergency services in an underground fixed guideway system;
            (G) emergency response equipment, including personal 
        protective equipment;
            (H) fire suppression and decontamination equipment;
            (I) global positioning or tracking and recovery equipment, 
        and other automated-vehicle-locator-type system equipment;
            (J) evacuation improvements;
            (K) purchase and placement of bomb-resistant trash cans 
        throughout public transportation facilities, including subway 
        exits, entrances, and tunnels;
            (L) capital costs associated with security awareness, 
        security preparedness, and security response training, 
        including training under section 1408 and exercises under 
        section 1407;
            (M) security improvements for public transportation 
        systems, including extensions thereto, in final design or under 
        construction;
            (N) security improvements for stations and other public 
        transportation infrastructure, including stations and other 
        public transportation infrastructure owned by State or local 
        governments; and
            (O) other capital security improvements determined 
        appropriate by the Secretary.
        (2) Operating uses of funds, including--
            (A) security training, including training under section 
        1408 and training developed by institutions of higher education 
        and by nonprofit employee labor organizations, for public 
        transportation employees, including frontline employees;
            (B) live or simulated exercises under section 1407;
            (C) public awareness campaigns for enhanced public 
        transportation security;
            (D) canine patrols for chemical, radiological, biological, 
        or explosives detection;
            (E) development of security plans under section 1405;
            (F) overtime reimbursement including reimbursement of 
        State, local, and tribal governments, for costs for enhanced 
        security personnel during significant national and 
        international public events;
            (G) operational costs, including reimbursement of State, 
        local, and tribal governments for costs for personnel assigned 
        to full-time or part-time security or counterterrorism duties 
        related to public transportation, provided that this expense 
        totals no more than 10 percent of the total grant funds 
        received by a public transportation agency in any 1 year; and
            (H) other operational security costs determined appropriate 
        by the Secretary, excluding routine, ongoing personnel costs, 
        other than those set forth in this section.
    (c) Department of Homeland Security Responsibilities.--In carrying 
out the responsibilities under subsection (a), the Secretary shall--
        (1) determine the requirements for recipients of grants under 
    this section, including application requirements;
        (2) pursuant to subsection (a)(2), select the recipients of 
    grants based solely on risk; and
        (3) pursuant to subsection (b), establish the priorities for 
    which grant funds may be used under this section.
    (d) Distribution of Grants.--Not later than 90 days after the date 
of enactment of this Act, the Secretary and the Secretary of 
Transportation shall determine the most effective and efficient way to 
distribute grant funds to the recipients of grants determined by the 
Secretary under subsection (a). Subject to the determination made by 
the Secretaries, the Secretary may transfer funds to the Secretary of 
Transportation for the purposes of disbursing funds to the grant 
recipient.
    (e) Subject to Certain Terms and Conditions.--Except as otherwise 
specifically provided in this section, a grant provided under this 
section shall be subject to the terms and conditions applicable to a 
grant made under section 5307 of title 49, United States Code, as in 
effect on January 1, 2007, and such other terms and conditions as are 
determined necessary by the Secretary.
    (f) Limitation on Uses of Funds.--Grants made under this section 
may not be used to make any State or local government cost-sharing 
contribution under any other Federal law.
    (g) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary on the use of the grant funds.
    (h) Guidelines.--Before distribution of funds to recipients of 
grants, the Secretary shall issue guidelines to ensure that, to the 
extent that recipients of grants under this section use contractors or 
subcontractors, such recipients shall use small, minority, women-owned, 
or disadvantaged business concerns as contractors or subcontractors to 
the extent practicable.
    (i) Coordination With State Homeland Security Plans.--In 
establishing security improvement priorities under section 1405 and in 
awarding grants for capital security improvements and operational 
security improvements under subsection (b), the Secretary shall act 
consistently with relevant State homeland security plans.
    (j) Multistate Transportation Systems.--In cases in which a public 
transportation system operates in more than one 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 1405 and 
in awarding grants for capital security improvements and operational 
security improvements under subsection (b).
    (k) Congressional Notification.--Not later than 3 days before the 
award of any grant under this section, the Secretary shall notify 
simultaneously, the appropriate congressional committees of the intent 
to award such grant.
    (l) Return of Misspent Grant Funds.--The Secretary shall establish 
a process to require the return of any misspent grant funds received 
under this section determined to have been spent for a purpose other 
than those specified in the grant award.
    (m) Authorization of Appropriations.--
        (1) There are authorized to be appropriated to the Secretary to 
    make grants under this section--
            (A) such sums as are necessary for fiscal year 2007;
            (B) $650,000,000 for fiscal year 2008, except that not more 
        than 50 percent of such funds may be used for operational costs 
        under subsection (b)(2);
            (C) $750,000,000 for fiscal year 2009, except that not more 
        than 30 percent of such funds may be used for operational costs 
        under subsection (b)(2);
            (D) $900,000,000 for fiscal year 2010, except that not more 
        than 20 percent of such funds may be used for operational costs 
        under subsection (b)(2); and
            (E) $1,100,000,000 for fiscal year 2011, except that not 
        more than 10 percent of such funds may be used for operational 
        costs under subsection (b)(2).
        (2) Period of availability.--Sums appropriated to carry out 
    this section shall remain available until expended.
        (3) Waiver.--The Secretary may waive the limitation on 
    operational costs specified in subparagraphs (B) through (E) of 
    paragraph (1) if the Secretary determines that such a waiver is 
    required in the interest of national security, and if the Secretary 
    provides a written justification to the appropriate congressional 
    committees prior to any such action.
        (4) Effective date.--Funds provided for fiscal year 2007 
    transit security grants under Public Law 110-28 shall be allocated 
    based on security assessments that are in existence as of the date 
    of enactment of this Act.
SEC. 1407. SECURITY EXERCISES.
    (a) In General.--The Secretary shall establish a program for 
conducting security exercises for public transportation agencies for 
the purpose of assessing and improving the capabilities of entities 
described in subsection (b) to prevent, prepare for, mitigate against, 
respond to, and recover from acts of terrorism.
    (b) Covered Entities.--Entities to be assessed under the program 
shall include--
        (1) Federal, State, and local agencies and tribal governments;
        (2) public transportation agencies;
        (3) governmental and nongovernmental emergency response 
    providers and law enforcement personnel, including transit police; 
    and
        (4) any other organization or entity that the Secretary 
    determines appropriate.
    (c) Requirements.--The Secretary shall ensure that the program--
        (1) requires, for public transportation agencies which the 
    Secretary deems appropriate, exercises to be conducted that are--
            (A) scaled and tailored to the needs of specific public 
        transportation systems, and include taking into account the 
        needs of the elderly and individuals with disabilities;
            (B) live;
            (C) coordinated with appropriate officials;
            (D) as realistic as practicable and based on current risk 
        assessments, including credible threats, vulnerabilities, and 
        consequences;
            (E) inclusive, as appropriate, of frontline employees and 
        managers; and
            (F) consistent with the National Incident Management 
        System, the National Response Plan, the National Infrastructure 
        Protection Plan, the National Preparedness Guidance, the 
        National Preparedness Goal, and other such national 
        initiatives;
        (2) provides that exercises described in paragraph (1) will 
    be--
            (A) evaluated by the Secretary against clear and consistent 
        performance measures;
            (B) assessed by the Secretary to learn best practices, 
        which shall be shared with appropriate Federal, State, local, 
        and tribal officials, governmental and nongovernmental 
        emergency response providers, law enforcement personnel, 
        including railroad and transit police, and appropriate 
        stakeholders; and
            (C) followed by remedial action by covered entities in 
        response to lessons learned;
        (3) involves individuals in neighborhoods around the 
    infrastructure of a public transportation system; and
        (4) assists State, local, and tribal governments and public 
    transportation agencies in designing, implementing, and evaluating 
    exercises that conform to the requirements of paragraph (2).
    (d) National Exercise Program.--The Secretary shall ensure that the 
exercise program developed under subsection (a) is a component of the 
National Exercise Program established under section 648 of the Post 
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C. 
748).
    (e) Ferry System Exemption.--This section does not apply to any 
ferry system for which drills are required to be conducted pursuant to 
section 70103 of title 46, United States Code.
SEC. 1408. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.
    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall develop and issue detailed interim 
final regulations, and not later than 1 year after the date of 
enactment of this Act, the Secretary shall develop and issue detailed 
final regulations, for a public transportation security training 
program to prepare public transportation employees, including frontline 
employees, for potential security threats and conditions.
    (b) Consultation.--The Secretary shall develop the interim final 
and final regulations under subsection (a) in consultation with--
        (1) appropriate law enforcement, fire service, security, and 
    terrorism experts;
        (2) representatives of public transportation agencies; and
        (3) nonprofit employee labor organizations representing public 
    transportation employees or emergency response personnel.
    (c) Program Elements.--The interim final and final regulations 
developed under subsection (a) shall require security training programs 
to include, at a minimum, elements to address the following:
        (1) Determination of the seriousness of any occurrence or 
    threat.
        (2) Crew and passenger communication and coordination.
        (3) Appropriate responses to defend oneself, including using 
    nonlethal defense devices.
        (4) Use of personal protective devices and other protective 
    equipment.
        (5) Evacuation procedures for passengers and employees, 
    including individuals with disabilities and the elderly.
        (6) Training related to behavioral and psychological 
    understanding of, and responses to, terrorist incidents, including 
    the ability to cope with hijacker behavior, and passenger 
    responses.
        (7) Live situational training exercises regarding various 
    threat conditions, including tunnel evacuation procedures.
        (8) Recognition and reporting of dangerous substances and 
    suspicious packages, persons, and situations.
        (9) Understanding security incident procedures, including 
    procedures for communicating with governmental and nongovernmental 
    emergency response providers and for on scene interaction with such 
    emergency response providers.
        (10) Operation and maintenance of security equipment and 
    systems.
        (11) Other security training activities that the Secretary 
    deems appropriate.
    (d) Required Programs.--
        (1) Development and submission to secretary.--Not later than 90 
    days after a public transportation agency meets the requirements 
    under subsection (e), each such public transportation agency shall 
    develop a security training program in accordance with the 
    regulations developed under subsection (a) and submit the program 
    to the Secretary for approval.
        (2) Approval.--Not later than 60 days after receiving a 
    security training program proposal under this subsection, the 
    Secretary shall approve the program or require the public 
    transportation agency that developed the program to make any 
    revisions to the program that the Secretary determines necessary 
    for the program to meet the requirements of the regulations. A 
    public transportation agency shall respond to the Secretary's 
    comments within 30 days after receiving them.
        (3) Training.--Not later than 1 year after the Secretary 
    approves a security training program proposal in accordance with 
    this subsection, the public transportation agency that developed 
    the program shall complete the training of all employees covered 
    under the program.
        (4) Updates of regulations and program revisions.--The 
    Secretary shall periodically review and update, as appropriate, the 
    training regulations issued under subsection (a) to reflect new or 
    changing security threats. Each public transportation agency shall 
    revise its training program accordingly and provide additional 
    training as necessary to its workers within a reasonable time after 
    the regulations are updated.
    (e) Applicability.--A public transportation agency that receives a 
grant award under this title shall be required to develop and implement 
a security training program pursuant to this section.
    (f) Long-Term Training Requirement.--Any public transportation 
agency required to develop a security training program pursuant to this 
section shall provide routine and ongoing training for employees 
covered under the program, regardless of whether the public 
transportation agency receives subsequent grant awards.
    (g) National Training Program.--The Secretary shall ensure that the 
training program developed under subsection (a) is a component of the 
National Training Program established under section 648 of the Post 
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C. 
748).
    (h) Ferry Exemption.--This section shall not apply to any ferry 
system for which training is required to be conducted pursuant to 
section 70103 of title 46, United States Code.
    (i) Report.--Not later than 2 years after the date of issuance of 
the final regulation, the Comptroller General shall review 
implementation of the training program, including interviewing a 
representative sample of public transportation agencies and employees, 
and report to the appropriate congressional committees, on the number 
of reviews conducted and the results. The Comptroller General may 
submit the report in both classified and redacted formats as necessary.
SEC. 1409. PUBLIC TRANSPORTATION RESEARCH AND DEVELOPMENT.
    (a) Establishment of Research and Development Program.--The 
Secretary shall carry out a research and development program through 
the Homeland Security Advanced Research Projects Agency in the Science 
and Technology Directorate and in consultation with the Transportation 
Security Administration and with the Federal Transit Administration, 
for the purpose of improving the security of public transportation 
systems.
    (b) Grants and Contracts Authorized.--The Secretary shall award 
grants or contracts to public or private entities to conduct research 
and demonstrate technologies and methods to reduce and deter terrorist 
threats or mitigate damages resulting from terrorist attacks against 
public transportation systems.
    (c) Use of Funds.--Grants or contracts awarded under subsection 
(a)--
        (1) shall be coordinated with activities of the Homeland 
    Security Advanced Research Projects Agency; and
        (2) may be used to--
            (A) research chemical, biological, radiological, or 
        explosive detection systems that do not significantly impede 
        passenger access;
            (B) research imaging technologies;
            (C) conduct product evaluations and testing;
            (D) improve security and redundancy for critical 
        communications, electrical power, and computer and train 
        control systems;
            (E) develop technologies for securing tunnels, transit 
        bridges and aerial structures;
            (F) research technologies that mitigate damages in the 
        event of a cyber attack; and
            (G) research other technologies or methods for reducing or 
        deterring terrorist attacks against public transportation 
        systems, or mitigating damage from such attacks.
    (d) Privacy and Civil Rights and Civil Liberties Issues.--
        (1) Consultation.--In carrying out research and development 
    projects under this section, the Secretary shall consult with the 
    Chief Privacy Officer of the Department and the Officer for Civil 
    Rights and Civil Liberties of the Department, as appropriate, and 
    in accordance with section 222 of the Homeland Security Act of 2002 
    (6 U.S.C. 142).
        (2) Privacy impact assessments.--In accordance with sections 
    222 and 705 of the Homeland Security Act of 2002 (6 U.S.C. 142; 
    345), the Chief Privacy Officer shall conduct privacy impact 
    assessments and the Officer for Civil Rights and Civil Liberties 
    shall conduct reviews, as appropriate, for research and development 
    initiatives developed under this section.
    (e) Reporting Requirement.--Each entity that is awarded a grant or 
contract under this section shall report annually to the Department on 
the use of grant or contract funds received under this section to 
ensure that the awards made are expended in accordance with the 
purposes of this title and the priorities developed by the Secretary.
    (f) Coordination.--The Secretary shall ensure that the research is 
consistent with the priorities established in the National Strategy for 
Public Transportation Security and is coordinated, to the extent 
practicable, with other Federal, State, local, tribal, and private 
sector public transportation, railroad, commuter railroad, and over-
the-road bus research initiatives to leverage resources and avoid 
unnecessary duplicative efforts.
    (g) Return of Misspent Grant or Contract Funds.--If the Secretary 
determines that a grantee or contractor used any portion of the grant 
or contract funds received under this section for a purpose other than 
the allowable uses specified under subsection (c), the grantee or 
contractor shall return any amount so used to the Treasury of the 
United States.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to make grants under this section--
        (1) such sums as necessary for fiscal year 2007;
        (2) $25,000,000 for fiscal year 2008;
        (3) $25,000,000 for fiscal year 2009;
        (4) $25,000,000 for fiscal year 2010; and
        (5) $25,000,000 for fiscal year 2011.
SEC. 1410. INFORMATION SHARING.
    (a) Intelligence Sharing.--The Secretary shall ensure that the 
Department of Transportation receives appropriate and timely 
notification of all credible terrorist threats against public 
transportation assets in the United States.
    (b) Information Sharing Analysis Center.--
        (1) Authorization.--The Secretary shall provide for the 
    reasonable costs of the Information Sharing and Analysis Center for 
    Public Transportation (referred to in this subsection as the 
    ``ISAC'').
        (2) Participation.--The Secretary--
            (A) shall require public transportation agencies that the 
        Secretary determines to be at high risk of terrorist attack to 
        participate in the ISAC;
            (B) shall encourage all other public transportation 
        agencies to participate in the ISAC;
            (C) shall encourage the participation of nonprofit employee 
        labor organizations representing public transportation 
        employees, as appropriate; and
            (D) shall not charge a fee for participating in the ISAC.
    (c) Report.--The Comptroller General shall report, not less than 3 
years after the date of enactment of this Act, to the appropriate 
congressional committees, as to the value and efficacy of the ISAC 
along with any other public transportation information-sharing programs 
ongoing at the Department. The report shall include an analysis of the 
user satisfaction of public transportation agencies on the state of 
information-sharing and the value that each system provides the user, 
the costs and benefits of all centers and programs, the coordination 
among centers and programs, how each center or program contributes to 
implementing the information sharing plan under section 1203, and 
analysis of the extent to which the ISAC is duplicative with the 
Department's information-sharing program.
    (d) Authorization.--
        (1) In general.--There are authorized to be appropriated to the 
    Secretary to carry out this section--
            (A) $600,000 for fiscal year 2008;
            (B) $600,000 for fiscal year 2009;
            (C) $600,000 for fiscal year 2010; and
            (D) such sums as may be necessary for 2011, provided the 
        report required in subsection (c) of this section has been 
        submitted to Congress.
        (2) Availability of funds.--Such sums shall remain available 
    until expended.
SEC. 1411. THREAT ASSESSMENTS.
    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall complete a name-based security background check against 
the consolidated terrorist watchlist and an immigration status check 
for all public transportation frontline employees, similar to the 
threat assessment screening program required for facility employees and 
longshoremen by the Commandant of the Coast Guard under Coast Guard 
Notice USCG-2006-24189 (71 Fed. Reg. 25066 (April 8, 2006)).
SEC. 1412. REPORTING REQUIREMENTS.
    (a) Annual Report to Congress.--
        (1) In general.--Not later than March 31 of each year, the 
    Secretary shall submit a report, containing the information 
    described in paragraph (2), to the appropriate congressional 
    committees.
        (2) Contents.--The report submitted under paragraph (1) shall 
    include--
            (A) a description of the implementation of the provisions 
        of this title;
            (B) the amount of funds appropriated to carry out the 
        provisions of this title that have not been expended or 
        obligated;
            (C) the National Strategy for Public Transportation 
        Security required under section 1404;
            (D) an estimate of the cost to implement the National 
        Strategy for Public Transportation Security which shall break 
        out the aggregated total cost of needed capital and operational 
        security improvements for fiscal years 2008-2018; and
            (E) the state of public transportation security in the 
        United States, which shall include detailing the status of 
        security assessments, the progress being made around the 
        country in developing prioritized lists of security 
        improvements necessary to make public transportation facilities 
        and passengers more secure, the progress being made by agencies 
        in developing security plans and how those plans differ from 
        the security assessments and a prioritized list of security 
        improvements being compiled by other agencies, as well as a 
        random sample of an equal number of large- and small-scale 
        projects currently underway.
        (3) Format.--The Secretary may submit the report in both 
    classified and redacted formats if the Secretary determines that 
    such action is appropriate or necessary.
    (b) Annual Report to Governors.--
        (1) In general.--Not later than March 31 of each year, the 
    Secretary shall submit a report to the Governor of each State with 
    a public transportation agency that has received a grant under this 
    Act.
        (2) Contents.--The report submitted under paragraph (1) shall 
    specify--
            (A) the amount of grant funds distributed to each such 
        public transportation agency; and
            (B) the use of such grant funds.
SEC. 1413. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIONS.
    (a) In General.--A public transportation agency, a contractor or a 
subcontractor of such agency, or an officer or employee of such agency, 
shall not discharge, demote, suspend, reprimand, or in any other way 
discriminate against an employee if such discrimination is due, in 
whole or in part, to the employee's lawful, good faith act done, or 
perceived by the employer to have been done or about to be done--
        (1) to provide information, directly cause information to be 
    provided, or otherwise directly assist in any investigation 
    regarding any conduct which the employee reasonably believes 
    constitutes a violation of any Federal law, rule, or regulation 
    relating to public transportation safety or security, or fraud, 
    waste, or abuse of Federal grants or other public funds intended to 
    be used for public transportation safety or security, if the 
    information or assistance is provided to or an investigation 
    stemming from the provided information is conducted by--
            (A) a Federal, State, or local regulatory or law 
        enforcement agency (including an office of the Inspector 
        General under the Inspector General Act of 1978 (5 U.S.C. App.; 
        Public Law 95-452);
            (B) any Member of Congress, any Committee of Congress, or 
        the Government Accountability Office; or
            (C) a person with supervisory authority over the employee 
        or such other person who has the authority to investigate, 
        discover, or terminate the misconduct;
        (2) to refuse to violate or assist in the violation of any 
    Federal law, rule, or regulation relating to public transportation 
    safety or security;
        (3) to file a complaint or directly cause to be brought a 
    proceeding related to the enforcement of this section or to testify 
    in that proceeding;
        (4) to cooperate with a safety or security investigation by the 
    Secretary of Transportation, the Secretary of Homeland Security, or 
    the National Transportation Safety Board; or
        (5) to furnish information to the Secretary of Transportation, 
    the Secretary of Homeland Security, the National Transportation 
    Safety Board, or any Federal, State, or local regulatory or law 
    enforcement agency as to the facts relating to any accident or 
    incident resulting in injury or death to an individual or damage to 
    property occurring in connection with public transportation.
    (b) Hazardous Safety or Security Conditions.--(1) A public 
transportation agency, or a contractor or a subcontractor of such 
agency, or an officer or employee of such agency, shall not discharge, 
demote, suspend, reprimand, or in any other way discriminate against an 
employee for--
        (A) reporting a hazardous safety or security condition;
        (B) refusing to work when confronted by a hazardous safety or 
    security condition related to the performance of the employee's 
    duties, if the conditions described in paragraph (2) exist; or
        (C) refusing to authorize the use of any safety- or security-
    related equipment, track, or structures, if the employee is 
    responsible for the inspection or repair of the equipment, track, 
    or structures, when the employee believes that the equipment, 
    track, or structures are in a hazardous safety or security 
    condition, if the conditions described in paragraph (2) of this 
    subsection exist.
    (2) A refusal is protected under paragraph (1)(B) and (C) if--
        (A) the refusal is made in good faith and no reasonable 
    alternative to the refusal is available to the employee;
        (B) a reasonable individual in the circumstances then 
    confronting the employee would conclude that--
            (i) the hazardous condition presents an imminent danger of 
        death or serious injury; and
            (ii) the urgency of the situation does not allow sufficient 
        time to eliminate the danger without such refusal; and
        (C) the employee, where possible, has notified the public 
    transportation agency of the existence of the hazardous condition 
    and the intention not to perform further work, or not to authorize 
    the use of the hazardous equipment, track, or structures, unless 
    the condition is corrected immediately or the equipment, track, or 
    structures are repaired properly or replaced.
    (3) In this subsection, only subsection (b)(1)(A) shall apply to 
security personnel, including transit police, employed or utilized by a 
public transportation agency to protect riders, equipment, assets, or 
facilities.
    (c) Enforcement Action.--
        (1) Filing and notification.--A person who believes that he or 
    she has been discharged or otherwise discriminated against by any 
    person in violation of subsection (a) or (b) may, not later than 
    180 days after the date on which such violation occurs, file (or 
    have any person file on his or her behalf) a complaint with the 
    Secretary of Labor alleging such discharge or discrimination. Upon 
    receipt of a complaint filed under this paragraph, the Secretary of 
    Labor shall notify, in writing, the person named in the complaint 
    and the person's employer of the filing of the complaint, of the 
    allegations contained in the complaint, of the substance of 
    evidence supporting the complaint, and of the opportunities that 
    will be afforded to such person under paragraph (2).
        (2) Investigation; preliminary order.--
            (A) In general.--Not later than 60 days after the date of 
        receipt of a complaint filed under paragraph (1) and after 
        affording the person named in the complaint an opportunity to 
        submit to the Secretary of Labor a written response to the 
        complaint and an opportunity to meet with a representative of 
        the Secretary of Labor to present statements from witnesses, 
        the Secretary of Labor shall conduct an investigation and 
        determine whether there is reasonable cause to believe that the 
        complaint has merit and notify, in writing, the complainant and 
        the person alleged to have committed a violation of subsection 
        (a) or (b) of the Secretary of Labor's findings. If the 
        Secretary of Labor concludes that there is a reasonable cause 
        to believe that a violation of subsection (a) or (b) has 
        occurred, the Secretary of Labor shall accompany the Secretary 
        of Labor's findings with a preliminary order providing the 
        relief prescribed by paragraph (3)(B). Not later than 30 days 
        after the date of notification of findings under this 
        paragraph, either the person alleged to have committed the 
        violation or the complainant may file objections to the 
        findings or preliminary order, or both, and request a hearing 
        on the record. The filing of such objections shall not operate 
        to stay any reinstatement remedy contained in the preliminary 
        order. Such hearings shall be conducted expeditiously. If a 
        hearing is not requested in such 30-day period, the preliminary 
        order shall be deemed a final order that is not subject to 
        judicial review.
            (B) Requirements.--
                (i) Required showing by complainant.--The Secretary of 
            Labor shall dismiss a complaint filed under this subsection 
            and shall not conduct an investigation otherwise required 
            under subparagraph (A) unless the complainant makes a prima 
            facie showing that any behavior described in subsection (a) 
            or (b) was a contributing factor in the unfavorable 
            personnel action alleged in the complaint.
                (ii) Showing by employer.--Notwithstanding a finding by 
            the Secretary of Labor that the complainant has made the 
            showing required under clause (i), no investigation 
            otherwise required under paragraph (A) shall be conducted 
            if the employer demonstrates, by clear and convincing 
            evidence, that the employer would have taken the same 
            unfavorable personnel action in the absence of that 
            behavior.
                (iii) Criteria for determination by secretary of 
            labor.--The Secretary of Labor may determine that a 
            violation of subsection (a) or (b) has occurred only if the 
            complainant demonstrates that any behavior described in 
            subsection (a) or (b) was a contributing factor in the 
            unfavorable personnel action alleged in the complaint.
                (iv) Prohibition.--Relief may not be ordered under 
            paragraph (A) if the employer demonstrates by clear and 
            convincing evidence that the employer would have taken the 
            same unfavorable personnel action in the absence of that 
            behavior.
        (3) Final order.--
            (A) Deadline for issuance; settlement agreements.--Not 
        later than 120 days after the date of conclusion of a hearing 
        under paragraph (2), the Secretary of Labor shall issue a final 
        order providing the relief prescribed by this paragraph or 
        denying the complaint. At any time before issuance of a final 
        order, a proceeding under this subsection may be terminated on 
        the basis of a settlement agreement entered into by the 
        Secretary of Labor, the complainant, and the person alleged to 
        have committed the violation.
            (B) Remedy.--If, in response to a complaint filed under 
        paragraph (1), the Secretary of Labor determines that a 
        violation of subsection (a) or (b) has occurred, the Secretary 
        of Labor shall order the person who committed such violation 
        to--
                (i) take affirmative action to abate the violation; and
                (ii) provide the remedies described in subsection (d).
            (C) Order.--If an order is issued under subparagraph (B), 
        the Secretary of Labor, at the request of the complainant, 
        shall assess against the person against whom the order is 
        issued a sum equal to the aggregate amount of all costs and 
        expenses (including attorney and expert witness fees) 
        reasonably incurred, as determined by the Secretary of Labor, 
        by the complainant for, or in connection with, bringing the 
        complaint upon which the order was issued.
            (D) Frivolous complaints.--If the Secretary of Labor finds 
        that a complaint under paragraph (1) is frivolous or has been 
        brought in bad faith, the Secretary of Labor may award to the 
        prevailing employer reasonable attorney fees not exceeding 
        $1,000.
        (4) Review.--
            (A) Appeal to court of appeals.--Any person adversely 
        affected or aggrieved by an order issued under paragraph (3) 
        may obtain review of the order in the United States Court of 
        Appeals for the circuit in which the violation, with respect to 
        which the order was issued, allegedly occurred or the circuit 
        in which the complainant resided on the date of such violation. 
        The petition for review must be filed not later than 60 days 
        after the date of the issuance of the final order of the 
        Secretary of Labor. Review shall conform to chapter 7 of title 
        5, United States Code. The commencement of proceedings under 
        this subparagraph shall not, unless ordered by the court, 
        operate as a stay of the order.
            (B) Limitation on collateral attack.--An order of the 
        Secretary of Labor with respect to which review could have been 
        obtained under subparagraph (A) shall not be subject to 
        judicial review in any criminal or other civil proceeding.
        (5) Enforcement of order by secretary of labor.--Whenever any 
    person has failed to comply with an order issued under paragraph 
    (3), the Secretary of Labor may file a civil action in the United 
    States district court for the district in which the violation was 
    found to occur to enforce such order. In actions brought under this 
    paragraph, the district courts shall have jurisdiction to grant all 
    appropriate relief including, but not limited to, injunctive relief 
    and compensatory damages.
        (6) Enforcement of order by parties.--
            (A) Commencement of action.--A person on whose behalf an 
        order was issued under paragraph (3) may commence a civil 
        action against the person to whom such order was issued to 
        require compliance with such order. The appropriate United 
        States district court shall have jurisdiction, without regard 
        to the amount in controversy or the citizenship of the parties, 
        to enforce such order.
            (B) Attorney fees.--The court, in issuing any final order 
        under this paragraph, may award costs of litigation (including 
        reasonable attorney and expert witness fees) to any party 
        whenever the court determines such award is appropriate.
        (7) De novo review.--With respect to a complaint under 
    paragraph (1), if the Secretary of Labor has not issued a final 
    decision within 210 days after the filing of the complaint and if 
    the delay is not due to the bad faith of the employee, the employee 
    may bring an original action at law or equity for de novo review in 
    the appropriate district court of the United States, which shall 
    have jurisdiction over such an action without regard to the amount 
    in controversy, and which action shall, at the request of either 
    party to such action, be tried by the court with a jury. The action 
    shall be governed by the same legal burdens of proof specified in 
    paragraph (2)(B) for review by the Secretary of Labor.
    (d) Remedies.--
        (1) In general.--An employee prevailing in any action under 
    subsection (c) shall be entitled to all relief necessary to make 
    the employee whole.
        (2) Damages.--Relief in an action under subsection (c) 
    (including an action described in (c)(7)) shall include--
            (A) reinstatement with the same seniority status that the 
        employee would have had, but for the discrimination;
            (B) any backpay, with interest; and
            (C) compensatory damages, including compensation for any 
        special damages sustained as a result of the discrimination, 
        including litigation costs, expert witness fees, and reasonable 
        attorney fees.
        (3) Possible relief.--Relief in any action under subsection (c) 
    may include punitive damages in an amount not to exceed $250,000.
    (e) Election of Remedies.--An employee may not seek protection 
under both this section and another provision of law for the same 
allegedly unlawful act of the public transportation agency.
    (f) No Preemption.--Nothing in this section preempts or diminishes 
any other safeguards against discrimination, demotion, discharge, 
suspension, threats, harassment, reprimand, retaliation, or any other 
manner of discrimination provided by Federal or State law.
    (g) Rights Retained by Employee.--Nothing in this section shall be 
construed to diminish the rights, privileges, or remedies of any 
employee under any Federal or State law or under any collective 
bargaining agreement. The rights and remedies in this section may not 
be waived by any agreement, policy, form, or condition of employment.
    (h) Disclosure of Identity.--
        (1) Except as provided in paragraph (2) of this subsection, or 
    with the written consent of the employee, the Secretary of 
    Transportation or the Secretary of Homeland Security may not 
    disclose the name of an employee who has provided information 
    described in subsection (a)(1).
        (2) The Secretary of Transportation or the Secretary of 
    Homeland Security 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. The 
    Secretary making such disclosure shall provide reasonable advance 
    notice to the affected employee if disclosure of that person's 
    identity or identifying information is to occur.
    (i) Process for Reporting Security Problems to the Department of 
Homeland Security.--
        (1) Establishment of process.--The Secretary shall establish 
    through regulations after an opportunity for notice and comment, 
    and provide information to the public regarding, a process by which 
    any person may submit a report to the Secretary regarding public 
    transportation security problems, deficiencies, or vulnerabilities.
        (2) Acknowledgment of receipt.--If a report submitted under 
    paragraph (1) identifies the person making the report, the 
    Secretary shall respond promptly to such person and acknowledge 
    receipt of the report.
        (3) Steps to address problem.--The Secretary shall review and 
    consider the information provided in any report submitted under 
    paragraph (1) and shall take appropriate steps to address any 
    problems or deficiencies identified.
SEC. 1414. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS FOR PUBLIC 
TRANSPORTATION.
    (a) Definitions.--In this section, the following definitions apply:
        (1) Security background check.--The term ``security background 
    check'' means reviewing the following for the purpose of 
    identifying individuals who may pose a threat to transportation 
    security, national security, or of terrorism:
            (A) Relevant criminal history databases.
            (B) In the case of an alien (as defined in section 101 of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))), the 
        relevant databases to determine the status of the alien under 
        the immigration laws of the United States.
            (C) Other relevant information or databases, as determined 
        by the Secretary.
        (2) Covered individual.--The term ``covered individual'' means 
    an employee of a public transportation agency or a contractor or 
    subcontractor of a public transportation agency.
    (b) Guidance.--
        (1) Any guidance, recommendations, suggested action items, or 
    any other widely disseminated voluntary action item issued by the 
    Secretary to a public transportation agency or a contractor or 
    subcontractor of a public transportation agency relating to 
    performing a security background check of a covered individual 
    shall contain recommendations on the appropriate scope and 
    application of such a security background check, including the time 
    period covered, the types of disqualifying offenses, and a redress 
    process for adversely impacted covered individuals consistent with 
    subsections (c) and (d) of this section.
        (2) Not later than 60 days after the date of enactment of this 
    Act, any guidance, recommendations, suggested action items, or any 
    other widely disseminated voluntary action item issued by the 
    Secretary prior to the date of enactment of this Act to a public 
    transportation agency or a contractor or subcontractor of a public 
    transportation agency relating to performing a security background 
    check of a covered individual shall be updated in compliance with 
    paragraph (b)(1).
        (3) If a public transportation agency or a contractor or 
    subcontractor of a public transportation agency performs a security 
    background check on a covered individual to fulfill guidance issued 
    by the Secretary under paragraph (1) or (2), the Secretary shall 
    not consider such guidance fulfilled unless an adequate redress 
    process as described in subsection (d) is provided to covered 
    individuals.
    (c) Requirements.--If the Secretary issues a rule, regulation or 
directive requiring a public transportation agency or contractor or 
subcontractor of a public transportation agency to perform a security 
background check of a covered individual, then the Secretary shall 
prohibit a public transportation agency or contractor or subcontractor 
of a public transportation agency from making an adverse employment 
decision, including removal or suspension of the employee, due to such 
rule, regulation, or directive with respect to a covered individual 
unless the public transportation agency or contractor or subcontractor 
of a public transportation agency determines that the covered 
individual--
        (1) has been convicted of, has been found not guilty of by 
    reason of insanity, or is under want, warrant, or indictment for a 
    permanent disqualifying criminal offense listed in part 1572 of 
    title 49, Code of Federal Regulations;
        (2) was convicted of or found not guilty by reason of insanity 
    of an interim disqualifying criminal offense listed in part 1572 of 
    title 49, Code of Federal Regulations, within 7 years of the date 
    that the public transportation agency or contractor or 
    subcontractor of the public transportation agency performs the 
    security background check; or
        (3) was incarcerated for an interim disqualifying criminal 
    offense listed in part 1572 of title 49, Code of Federal 
    Regulations, and released from incarceration within 5 years of the 
    date that the public transportation agency or contractor or 
    subcontractor of a public transportation agency performs the 
    security background check.
    (d) Redress Process.--If the Secretary issues a rule, regulation, 
or directive requiring a public transportation agency or contractor or 
subcontractor of a public transportation agency to perform a security 
background check of a covered individual, the Secretary shall--
        (1) provide an adequate redress process for a covered 
    individual subjected to an adverse employment decision, including 
    removal or suspension of the employee, due to such rule, 
    regulation, or directive that is consistent with the appeals and 
    waiver process established for applicants for commercial motor 
    vehicle hazardous materials endorsements and transportation workers 
    at ports, as required by section 70105(c) of title 49, United 
    States Code; and
        (2) have the authority to order an appropriate remedy, 
    including reinstatement of the covered individual, should the 
    Secretary determine that a public transportation agency or 
    contractor or subcontractor of a public transportation agency 
    wrongfully made an adverse employment decision regarding a covered 
    individual pursuant to such rule, regulation, or directive.
    (e) False Statements.--A public transportation agency or a 
contractor or subcontractor of a public transportation agency may not 
knowingly misrepresent to an employee or other relevant person, 
including an arbiter involved in a labor arbitration, the scope, 
application, or meaning of any rules, regulations, directives, or 
guidance issued by the Secretary related to security background check 
requirements for covered individuals when conducting a security 
background check. Not later than 1 year after the date of enactment of 
this Act, the Secretary shall issue a regulation that prohibits a 
public transportation agency or a contractor or subcontractor of a 
public transportation agency from knowingly misrepresenting to an 
employee or other relevant person, including an arbiter involved in a 
labor arbitration, the scope, application, or meaning of any rules, 
regulations, directives, or guidance issued by the Secretary related to 
security background check requirements for covered individuals when 
conducting a security background check.
    (f) Rights and Responsibilities.--Nothing in this section shall be 
construed to abridge a public transportation agency's or a contractor 
or subcontractor of a public transportation agency's rights or 
responsibilities to make adverse employment decisions permitted by 
other Federal, State, or local laws. Nothing in the section shall be 
construed to abridge rights and responsibilities of covered 
individuals, a public transportation agency, or a contractor or 
subcontractor of a public transportation agency under any other 
Federal, State, or local laws or collective bargaining agreement.
    (g) No Preemption of Federal or State Law.--Nothing in this section 
shall be construed to preempt a Federal, State, or local law that 
requires criminal history background checks, immigration status checks, 
or other background checks of covered individuals.
    (h) Statutory Construction.--Nothing in this section shall be 
construed to affect the process for review established under section 
70105(c) of title 46, United States Code, including regulations issued 
pursuant to such section.
SEC. 1415. LIMITATION ON FINES AND CIVIL PENALTIES.
    (a) Inspectors.--Surface transportation inspectors shall be 
prohibited from issuing fines to public transportation agencies for 
violations of the Department's regulations or orders except through the 
process described in subsection (b).
    (b) Civil Penalties.--The Secretary shall be prohibited from 
assessing civil penalties against public transportation agencies for 
violations of the Department's regulations or orders, except in 
accordance with the following:
        (1) In the case of a public transportation agency that is found 
    to be in violation of a regulation or order issued by the 
    Secretary, the Secretary shall seek correction of the violation 
    through a written notice to the public transportation agency and 
    shall give the public transportation agency reasonable opportunity 
    to correct the violation or propose an alternative means of 
    compliance acceptable to the Secretary.
        (2) If the public transportation agency does not correct the 
    violation or propose an alternative means of compliance acceptable 
    to the Secretary within a reasonable time period that is specified 
    in the written notice, the Secretary may take any action authorized 
    in section 114 of title 49, United States Code, as amended by this 
    Act.
    (c) Limitation on Secretary.--The Secretary shall not initiate 
civil enforcement actions for violations of administrative and 
procedural requirements pertaining to the application for and 
expenditure of funds awarded under transportation security grant 
programs under this title.

               TITLE XV--SURFACE TRANSPORTATION SECURITY
                     Subtitle A--General Provisions

SEC. 1501. DEFINITIONS.
    In this title, the following definitions apply:
        (1) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means the Committee on 
    Commerce, Science, and Transportation and the Committee on Homeland 
    Security and Governmental Affairs of the Senate and the Committee 
    on Homeland Security and the Committee on Transportation and 
    Infrastructure of the House of Representatives.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    Homeland Security.
        (3) Department.--The term ``Department'' means the Department 
    of Homeland Security.
        (4) Over-the-road bus.--The term ``over-the-road bus'' means a 
    bus characterized by an elevated passenger deck located over a 
    baggage compartment.
        (5) Over-the-road bus frontline employees.--In this section, 
    the term ``over-the-road bus frontline employees'' means over-the-
    road bus drivers, security personnel, dispatchers, maintenance and 
    maintenance support personnel, ticket agents, other terminal 
    employees, and other employees of an over-the-road bus operator or 
    terminal owner or operator that the Secretary determines should 
    receive security training under this title.
        (6) Railroad frontline employees.--In this section, the term 
    ``railroad frontline employees'' means security personnel, 
    dispatchers, locomotive engineers, conductors, trainmen, other 
    onboard employees, maintenance and maintenance support personnel, 
    bridge tenders, and any other employees of railroad carriers that 
    the Secretary determines should receive security training under 
    this title.
        (7) Railroad.--The term ``railroad'' has the meaning that term 
    has in section 20102 of title 49, United States Code.
        (8) Railroad carrier.--The term ``railroad carrier'' has the 
    meaning that term has in section 20102 of title 49, United States 
    Code.
        (9) State.--The term ``State'' means any one of the 50 States, 
    the District of Columbia, Puerto Rico, the Northern Mariana 
    Islands, the Virgin Islands, Guam, American Samoa, and any other 
    territory or possession of the United States.
        (10) Terrorism.--The term ``terrorism'' has the meaning that 
    term has in section 2 of the Homeland Security Act of 2002 (6 
    U.S.C. 101).
        (11) Transportation.--The term ``transportation'', as used with 
    respect to an over-the-road bus, means the movement of passengers 
    or property by an over-the-road bus--
            (A) in the jurisdiction of the United States between a 
        place in a State and a place outside the State (including a 
        place outside the United States); or
            (B) in a State that affects trade, traffic, and 
        transportation described in subparagraph (A).
        (12) United states.--The term ``United States'' means the 50 
    States, the District of Columbia, Puerto Rico, the Northern Mariana 
    Islands, the Virgin Islands, Guam, American Samoa, and any other 
    territory or possession of the United States.
        (13) Security-sensitive material.--The term ``security-
    sensitive material'' means a material, or a group or class of 
    material, in a particular amount and form that the Secretary, in 
    consultation with the Secretary of Transportation, determines, 
    through a rulemaking with opportunity for public comment, poses a 
    significant risk to national security while being transported in 
    commerce due to the potential use of the material in an act of 
    terrorism. In making such a designation, the Secretary shall, at a 
    minimum, consider the following:
            (A) Class 7 radioactive materials.
            (B) Division 1.1, 1.2, or 1.3 explosives.
            (C) Materials poisonous or toxic by inhalation, including 
        Division 2.3 gases and Division 6.1 materials.
            (D) A select agent or toxin regulated by the Centers for 
        Disease Control and Prevention under part 73 of title 42, Code 
        of Federal Regulations.
        (14) Disadvantaged business concerns.--The term ``disadvantaged 
    business concerns'' means small businesses that are owned and 
    controlled by socially and economically disadvantaged individuals 
    as defined in section 124, of title 13, Code of Federal 
    Regulations.
        (15) Amtrak.--The term ``Amtrak'' means the National Railroad 
    Passenger Corporation.
SEC. 1502. OVERSIGHT AND GRANT PROCEDURES.
    (a) Secretarial Oversight.--The Secretary, in coordination with 
Secretary of Transportation for grants awarded to Amtrak, shall 
establish necessary procedures, including monitoring and audits, to 
ensure that grants made under this title are expended in accordance 
with the purposes of this title and the priorities and other criteria 
developed by the Secretary.
    (b) Additional Audits and Reviews.--The Secretary, and the 
Secretary of Transportation for grants awarded to Amtrak, may award 
contracts to undertake additional audits and reviews of the safety, 
security, procurement, management, and financial compliance of a 
recipient of amounts under this title.
    (c) Procedures for Grant Award.--Not later than 180 days after the 
date of enactment of this Act, the Secretary shall prescribe procedures 
and schedules for the awarding of grants under this title, including 
application and qualification procedures, 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(i) and (j) of title 46, United States 
Code.
    (d) Additional Authority.--
        (1) Issuance.--The Secretary may issue non-binding letters of 
    intent to recipients of a grant under this title, to commit funding 
    from future budget authority of an amount, not more than the 
    Federal Government's share of the project's cost, for a capital 
    improvement project.
        (2) Schedule.--The letter of intent under this subsection shall 
    establish a schedule under which the Secretary will reimburse the 
    recipient for the Government's share of the project's costs, as 
    amounts become available, if the recipient, after the Secretary 
    issues that letter, carries out the project without receiving 
    amounts under a grant issued under this title.
        (3) Notice to secretary.--A recipient that has been issued a 
    letter of intent under this section shall notify the Secretary of 
    the recipient's intent to carry out a project before the project 
    begins.
        (4) Notice to congress.--The Secretary shall transmit to the 
    appropriate congressional committees a written notification at 
    least 5 days before the issuance of a letter of intent under this 
    subsection.
        (5) Limitations.--A letter of intent issued under this 
    subsection is not an obligation of the Federal Government under 
    section 1501 of title 31, United States Code, and the letter is not 
    deemed to be an administrative commitment for financing. An 
    obligation or administrative commitment may be made only as amounts 
    are provided in authorization and appropriations laws.
    (e) Return of Misspent Grant Funds.--As part of the grant agreement 
under subsection (c), the Secretary shall require grant applicants to 
return any misspent grant funds received under this title that the 
Secretary considers to have been spent for a purpose other than those 
specified in the grant award. The Secretary shall take all necessary 
actions to recover such funds.
    (f) Congressional Notification.--Not later than 5 days before the 
award of any grant is made under this title, the Secretary shall notify 
the appropriate congressional committees of the intent to award such 
grant.
    (g) Guidelines.--The Secretary shall ensure, to the extent 
practicable, that grant recipients under this title who use contractors 
or subcontractors use small, minority, women-owned, or disadvantaged 
business concerns as contractors or subcontractors when appropriate.
SEC. 1503. AUTHORIZATION OF APPROPRIATIONS.
    (a) Transportation Security Administration Authorization.--Section 
114 of title 49, United States Code, as amended by section 1302 of this 
Act, is further amended by adding at the end the following:
    ``(w) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for--
        ``(1) railroad security--
            ``(A) $488,000,000 for fiscal year 2008;
            ``(B) $483,000,000 for fiscal year 2009;
            ``(C) $508,000,000 for fiscal year 2010; and
            ``(D) $508,000,000 for fiscal year 2011;
        ``(2) over-the-road bus and trucking security--
            ``(A) $14,000,000 for fiscal year 2008;
            ``(B) $27,000,000 for fiscal year 2009;
            ``(C) $27,000,000 for fiscal year 2010; and
            ``(D) $27,000,000 for fiscal year 2011; and
        ``(3) hazardous material and pipeline security--
            ``(A) $12,000,000 for fiscal year 2008;
            ``(B) $12,000,000 for fiscal year 2009; and
            ``(C) $12,000,000 for fiscal year 2010.''.
    (b) Department of Transportation.--There are authorized to be 
appropriated to the Secretary of Transportation to carry out section 
1515--
        (1) $38,000,000 for fiscal year 2008;
        (2) $40,000,000 for fiscal year 2009;
        (3) $55,000,000 for fiscal year 2010; and
        (4) $70,000,000 for fiscal year 2011.
SEC. 1504. PUBLIC AWARENESS.
    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall develop a national plan for railroad and over-the-
road bus security public outreach and awareness. Such a plan shall be 
designed to increase awareness of measures that the general public, 
passengers, and employees of railroad carriers and over-the-road bus 
operators can take to increase the security of the national railroad 
and over-the-road bus transportation systems. Such a plan shall also 
provide outreach to railroad carriers and over-the-road bus operators 
and their employees to improve their awareness of available 
technologies, ongoing research and development efforts, and available 
Federal funding sources to improve security. Not later than 9 months 
after the date of enactment of this Act, the Secretary shall implement 
the plan developed under this section.

                     Subtitle B--Railroad Security

SEC. 1511. RAILROAD TRANSPORTATION SECURITY RISK ASSESSMENT AND 
NATIONAL STRATEGY.
    (a) Risk Assessment.--The Secretary shall establish a Federal task 
force, including the Transportation Security Administration and other 
agencies within the Department, the Department of Transportation, and 
other appropriate Federal agencies, to complete, within 6 months of the 
date of enactment of this Act, a nationwide risk assessment of a 
terrorist attack on railroad carriers. The assessment shall include--
        (1) a methodology for conducting the risk assessment, including 
    timelines, that addresses how the Department will work with the 
    entities described in subsection (c) and make use of existing 
    Federal expertise within the Department, the Department of 
    Transportation, and other appropriate agencies;
        (2) identification and evaluation of critical assets and 
    infrastructure, including tunnels used by railroad carriers in 
    high-threat urban areas;
        (3) identification of risks to those assets and infrastructure;
        (4) identification of risks that are specific to the 
    transportation of hazardous materials via railroad;
        (5) identification of risks to passenger and cargo security, 
    transportation infrastructure protection systems, operations, 
    communications systems, and any other area identified by the 
    assessment;
        (6) an assessment of employee training and emergency response 
    planning;
        (7) an assessment of public and private operational recovery 
    plans, taking into account the plans for the maritime sector 
    required under section 70103 of title 46, United States Code, to 
    expedite, to the maximum extent practicable, the return of an 
    adversely affected railroad transportation system or facility to 
    its normal performance level after a major terrorist attack or 
    other security event on that system or facility; and
        (8) an account of actions taken or planned by both public and 
    private entities to address identified railroad security issues and 
    an assessment of the effective integration of such actions.
    (b) National Strategy.--
        (1) Requirement.--Not later than 9 months after the date of 
    enactment of this Act and based upon the assessment conducted under 
    subsection (a), the Secretary, consistent with and as required by 
    section 114(t) of title 49, United States Code, shall develop and 
    implement the modal plan for railroad transportation, entitled the 
    ``National Strategy for Railroad Transportation Security''.
        (2) Contents.--The modal plan shall include prioritized goals, 
    actions, objectives, policies, mechanisms, and schedules for, at a 
    minimum--
            (A) improving the security of railroad tunnels, railroad 
        bridges, railroad switching and car storage areas, other 
        railroad infrastructure and facilities, information systems, 
        and other areas identified by the Secretary as posing 
        significant railroad-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 railroad service or on operations served or otherwise 
        affected by railroad service;
            (B) deploying equipment and personnel to detect security 
        threats, including those posed by explosives and hazardous 
        chemical, biological, and radioactive substances, and any 
        appropriate countermeasures;
            (C) consistent with section 1517, training railroad 
        employees in terrorism prevention, preparedness, passenger 
        evacuation, and response activities;
            (D) conducting public outreach campaigns for railroads 
        regarding security, including educational initiatives designed 
        to inform the public on how to prevent, prepare for, respond 
        to, and recover from a terrorist attack on railroad 
        transportation;
            (E) providing additional railroad security support for 
        railroads at high or severe threat levels of alert;
            (F) ensuring, in coordination with freight and intercity 
        and commuter passenger railroads, the continued movement of 
        freight and passengers in the event of an attack affecting the 
        railroad system, including the possibility of rerouting traffic 
        due to the loss of critical infrastructure, such as a bridge, 
        tunnel, yard, or station;
            (G) coordinating existing and planned railroad security 
        initiatives undertaken by the public and private sectors;
            (H) assessing--
                (i) the usefulness of covert testing of railroad 
            security systems;
                (ii) the ability to integrate security into 
            infrastructure design; and
                (iii) the implementation of random searches of 
            passengers and baggage; and
            (I) identifying the immediate and long-term costs of 
        measures that may be required to address those risks and public 
        and private sector sources to fund such measures.
        (3) Responsibilities.--The Secretary shall include in the modal 
    plan a description of the roles, responsibilities, and authorities 
    of Federal, State, and local agencies, government-sponsored 
    entities, tribal governments, and appropriate stakeholders 
    described in subsection (c). The plan shall also include--
            (A) the identification of, and a plan to address, gaps and 
        unnecessary overlaps in the roles, responsibilities, and 
        authorities described in this paragraph;
            (B) a methodology for how the Department will work with the 
        entities described in subsection (c), and make use of existing 
        Federal expertise within the Department, the Department of 
        Transportation, and other appropriate agencies;
            (C) a process for facilitating security clearances for the 
        purpose of intelligence and information sharing with the 
        entities described in subsection (c), as appropriate;
            (D) a strategy and timeline, coordinated with the research 
        and development program established under section 1518, for the 
        Department, the Department of Transportation, other appropriate 
        Federal agencies and private entities to research and develop 
        new technologies for securing railroad systems; and
            (E) a process for coordinating existing or future security 
        strategies and plans for railroad transportation, including the 
        National Infrastructure Protection Plan required by Homeland 
        Security Presidential Directive-7; Executive Order No. 13416: 
        ``Strengthening Surface Transportation Security'' dated 
        December 5, 2006; the Memorandum of Understanding between the 
        Department and the Department of Transportation on Roles and 
        Responsibilities dated September 28, 2004, and any and all 
        subsequent annexes to this Memorandum of Understanding, and any 
        other relevant agreements between the two Departments.
    (c) Consultation With Stakeholders.--In developing the National 
Strategy required under this section, the Secretary shall consult with 
railroad management, nonprofit employee organizations representing 
railroad employees, owners or lessors of railroad cars used to 
transport hazardous materials, emergency responders, offerors of 
security-sensitive materials, public safety officials, and other 
relevant parties.
    (d) Adequacy of Existing Plans and Strategies.--In developing the 
risk assessment and National Strategy required under this section, the 
Secretary shall utilize relevant existing plans, strategies, and risk 
assessments developed by the Department or other Federal agencies, 
including those developed or implemented pursuant to section 114(t) of 
title 49, United States Code, or Homeland Security Presidential 
Directive-7, and, as appropriate, assessments developed by other public 
and private stakeholders.
    (e) Report.--
        (1) Contents.--Not later than 1 year after the date of 
    enactment of this Act, the Secretary shall transmit to the 
    appropriate congressional committees a report containing--
            (A) the assessment and the National Strategy required by 
        this section; and
            (B) an estimate of the cost to implement the National 
        Strategy.
        (2) Format.--The Secretary may submit the report in both 
    classified and redacted formats if the Secretary determines that 
    such action is appropriate or necessary.
    (f) Annual Updates.--Consistent with the requirements of section 
114(t) of title 49, United States Code, the Secretary shall update the 
assessment and National Strategy each year and transmit a report, which 
may be submitted in both classified and redacted formats, to the 
appropriate congressional committees containing the updated assessment 
and recommendations.
    (g) Funding.--Out of funds appropriated pursuant to section 114(w) 
of title 49, United States Code, as amended by section 1503 of this 
title, there shall be made available to the Secretary to carry out this 
section $5,000,000 for fiscal year 2008.
SEC. 1512. RAILROAD CARRIER ASSESSMENTS AND PLANS.
    (a) In General.--Not later than 12 months after the date of 
enactment of this Act, the Secretary shall issue regulations that--
        (1) require each railroad carrier assigned to a high-risk tier 
    under this section to--
            (A) conduct a vulnerability assessment in accordance with 
        subsections (c) and (d); and
            (B) to prepare, submit to the Secretary for approval, and 
        implement a security plan in accordance with this section that 
        addresses security performance requirements; and
        (2) establish standards and guidelines, based on and consistent 
    with the risk assessment and National Strategy for Railroad 
    Transportation Security developed under section 1511, for 
    developing and implementing the vulnerability assessments and 
    security plans for railroad carriers assigned to high-risk tiers.
    (b) Non High-Risk Programs.--The Secretary may establish a security 
program for railroad carriers not assigned to a high-risk tier, 
including--
        (1) guidance for such carriers in conducting vulnerability 
    assessments and preparing and implementing security plans, as 
    determined appropriate by the Secretary; and
        (2) a process to review and approve such assessments and plans, 
    as appropriate.
    (c) Deadline for Submission.--Not later than 9 months after the 
date of issuance of the regulations under subsection (a), the 
vulnerability assessments and security plans required by such 
regulations for railroad carriers assigned to a high-risk tier shall be 
completed and submitted to the Secretary for review and approval.
    (d) Vulnerability Assessments.--
        (1) Requirements.--The Secretary shall provide technical 
    assistance and guidance to railroad carriers in conducting 
    vulnerability assessments under this section and shall require that 
    each vulnerability assessment of a railroad carrier assigned to a 
    high-risk tier under this section, include, as applicable--
            (A) identification and evaluation of critical railroad 
        carrier assets and infrastructure, including platforms, 
        stations, intermodal terminals, tunnels, bridges, switching and 
        storage areas, and information systems as appropriate;
            (B) identification of the vulnerabilities to those assets 
        and infrastructure;
            (C) identification of strengths and weaknesses in--
                (i) physical security;
                (ii) passenger and cargo security, including the 
            security of security-sensitive materials being transported 
            by railroad or stored on railroad property;
                (iii) programmable electronic devices, computers, or 
            other automated systems which are used in providing the 
            transportation;
                (iv) alarms, cameras, and other protection systems;
                (v) communications systems and utilities needed for 
            railroad security purposes, including dispatching and 
            notification systems;
                (vi) emergency response planning;
                (vii) employee training; and
                (viii) such other matters as the Secretary determines 
            appropriate; and
            (D) identification of redundant and backup systems required 
        to ensure the continued operation of critical elements of a 
        railroad carrier's system in the event of an attack or other 
        incident, including disruption of commercial electric power or 
        communications network.
        (2) Threat information.--The Secretary shall provide in a 
    timely manner to the appropriate employees of a railroad carrier, 
    as designated by the railroad carrier, threat information that is 
    relevant to the carrier when preparing and submitting a 
    vulnerability assessment and security plan, including an assessment 
    of the most likely methods that could be used by terrorists to 
    exploit weaknesses in railroad security.
    (e) Security Plans.--
        (1) Requirements.--The Secretary shall provide technical 
    assistance and guidance to railroad carriers in preparing and 
    implementing security plans under this section, and shall require 
    that each security plan of a railroad carrier assigned to a high-
    risk tier under this section include, as applicable--
            (A) identification of a security coordinator having 
        authority--
                (i) to implement security actions under the plan;
                (ii) to coordinate security improvements; and
                (iii) to receive immediate communications from 
            appropriate Federal officials regarding railroad security;
            (B) a list of needed capital and operational improvements;
            (C) procedures to be implemented or used by the railroad 
        carrier in response to a terrorist attack, including evacuation 
        and passenger communication plans that include individuals with 
        disabilities as appropriate;
            (D) identification of steps taken with State and local law 
        enforcement agencies, emergency responders, and Federal 
        officials to coordinate security measures and plans for 
        response to a terrorist attack;
            (E) a strategy and timeline for conducting training under 
        section 1517;
            (F) enhanced security measures to be taken by the railroad 
        carrier when the Secretary declares a period of heightened 
        security risk;
            (G) plans for providing redundant and backup systems 
        required to ensure the continued operation of critical elements 
        of the railroad carrier's system in the event of a terrorist 
        attack or other incident;
            (H) a strategy for implementing enhanced security for 
        shipments of security-sensitive materials, including plans for 
        quickly locating and securing such shipments in the event of a 
        terrorist attack or security incident; and
            (I) such other actions or procedures as the Secretary 
        determines are appropriate to address the security of railroad 
        carriers.
        (2) Security coordinator requirements.--The Secretary shall 
    require that the individual serving as the security coordinator 
    identified in paragraph (1)(A) is a citizen of the United States. 
    The Secretary may waive this requirement with respect to an 
    individual if the Secretary determines that it is appropriate to do 
    so based on a background check of the individual and a review of 
    the consolidated terrorist watchlist.
        (3) Consistency with other plans.--The Secretary shall ensure 
    that the security plans developed by railroad carriers under this 
    section are consistent with the risk assessment and National 
    Strategy for Railroad Transportation Security developed under 
    section 1511.
    (f) Deadline for Review Process.--Not later than 6 months after 
receiving the assessments and plans required under this section, the 
Secretary shall--
        (1) review each vulnerability assessment and security plan 
    submitted to the Secretary in accordance with subsection (c);
        (2) require amendments to any security plan that does not meet 
    the requirements of this section; and
        (3) approve any vulnerability assessment or security plan that 
    meets the requirements of this section.
    (g) Interim Security Measures.--The Secretary may require railroad 
carriers, during the period before the deadline established under 
subsection (c), to submit a security plan under subsection (e) to 
implement any necessary interim security measures essential to 
providing adequate security of the railroad carrier's system. An 
interim plan required under this subsection will be supe