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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-259
======================================================================
IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007
----------
CONFERENCE REPORT
TO ACCOMPANY
H.R. 1
July 25, 2007.--Ordered to be printed
IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-259
======================================================================
IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007
_______
July 25, 2007.--Ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 1]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
1), to provide for the implementation of the recommendations of
the National Commission on Terrorist Attacks Upon the United
States, having met, after full and free conference, have agreed
to recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
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, XV, and XVI 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:
2``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 six 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)--
(A) 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.'';
and
(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 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 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, 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 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 31st 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 Number 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 superseded by a plan required under
subsection (e).
(h) Tier Assignment.--Utilizing the risk assessment and
National Strategy for Railroad Transportation Security required
under section 1511, the Secretary shall assign each railroad
carrier to a risk-based tier established by the Secretary.
(1) Provision of information.--The Secretary may
request, and a railroad carrier shall provide,
information necessary for the Secretary to assign a
railroad carrier to the appropriate tier under this
subsection.
(2) Notification.--Not later than 60 days after the
date a railroad carrier is assigned to a tier under
this subsection, the Secretary shall notify the
railroad carrier of the tier to which it is assigned
and the reasons for such assignment.
(3) High-risk tiers.--At least one of the tiers
established by the Secretary under this subsection
shall be designated a tier for high-risk railroad
carriers.
(4) Reassignment.--The Secretary may reassign a
railroad carrier to another tier, as appropriate, in
response to changes in risk. The Secretary shall notify
the railroad carrier not later than 60 days after such
reassignment and provide the railroad carrier with the
reasons for such reassignment.
(i) 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 railroad carrier
under any other Federal law.
(j) Existing Procedures, Protocols and Standards.--
(1) Determination.--In response to a petition by a
railroad carrier or at the discretion of the Secretary,
the Secretary may determine that existing procedures,
protocols, and standards meet all or part of the
requirements of this section, including regulations
issued under subsection (a), regarding vulnerability
assessments and security plans.
(2) Election.--Upon review and written
determination by the Secretary that existing
procedures, protocols, or standards of a railroad
carrier satisfy the requirements of this section, the
railroad carrier may elect to comply with those
procedures, protocols, or standards instead of the
requirements of this section.
(3) Partial approval.--If the Secretary determines
that the existing procedures, protocols, or standards
of a railroad carrier satisfy only part of the
requirements of this section, the Secretary may accept
such submission, but shall require submission by the
railroad carrier of any additional information relevant
to the vulnerability assessment and security plan of
the railroad carrier to ensure that the remaining
requirements of this section are fulfilled.
(4) Notification.--If the Secretary determines that
particular existing procedures, protocols, or standards
of a railroad carrier under this subsection do not
satisfy the requirements of this section, the Secretary
shall provide to the railroad carrier a written
notification that includes an explanation of the
determination.
(5) Review.--Nothing in this subsection shall
relieve the Secretary of the obligation--
(A) to review the vulnerability assessment
and security plan submitted by a railroad
carrier under this section; and
(B) to approve or disapprove each
submission on an individual basis.
(k) Periodic Evaluation by Railroad Carriers Required.--
(1) Submission of evaluation.--Not later than 3
years after the date on which a vulnerability
assessment or security plan required to be submitted to
the Secretary under subsection (c) is approved, and at
least once every 5 years thereafter (or on such a
schedule as the Secretary may establish by regulation),
a railroad carrier who submitted a vulnerability
assessment and security plan and who is still assigned
to the high-risk tier must also submit to the Secretary
an evaluation of the adequacy of the vulnerability
assessment and security plan that includes a
description of any material changes made to the
vulnerability assessment or security plan.
(2) Review of evaluation.--Not later than 180 days
after the date on which an evaluation is submitted, the
Secretary shall review the evaluation and notify the
railroad carrier submitting the evaluation of the
Secretary's approval or disapproval of the evaluation.
(l) Shared Facilities.--The Secretary may permit under this
section the development and implementation of coordinated
vulnerability assessments and security plans to the extent that
a railroad carrier shares facilities with, or is colocated
with, other transportation entities or providers that are
required to develop vulnerability assessments and security
plans under Federal law.
(m) Consultation.--In carrying out this section, the
Secretary shall consult with railroad carriers, nonprofit
employee labor organizations representating railroad employees,
and public safety and law enforcement officials.
SEC. 1513. RAILROAD SECURITY ASSISTANCE.
(a) Security Improvement Grants.--(1) The Secretary, in
consultation with the Administrator of the Transportation
Security Administration and other appropriate agencies or
officials, is authorized to make grants to railroad carriers,
the Alaska Railroad, security-sensitive materials offerors who
ship by railroad, owners of railroad cars used in the
transportation of security-sensitive materials, State and local
governments (for railroad passenger facilities and
infrastructure not owned by Amtrak), and Amtrak for intercity
passenger railroad and freight railroad security improvements
described in subsection (b) as approved by the Secretary.
(2) A railroad carrier is eligible for a grant under this
section if the carrier has completed a vulnerability assessment
and developed a security plan that the Secretary has approved
in accordance with section 1512.
(3) A recipient of a grant under this section may use grant
funds only for permissible uses under subsection (b) to further
a railroad security plan that meets the requirements of
paragraph (2).
(4) Notwithstanding the requirement for eligibility and
uses of funds in paragraphs (2) and (3), a railroad carrier is
eligible for a grant under this section if the applicant uses
the funds solely for the development of assessments or security
plans under section 1512.
(5) Notwithstanding the requirements for eligibility and
uses of funds in paragraphs (2) and (3), prior to the earlier
of one year after the date of issuance of final regulations
requiring vulnerability assessments and security plans under
section 1512 or 3 years after the date of enactment of this
Act, the Secretary may award grants under this section for rail
security improvements listed under subsection (b) based upon
railroad carrier vulnerability assessments and security plans
that the Secretary determines are sufficient for the purposes
of this section but have not been approved by the Secretary in
accordance with section 1512.
(b) Uses of Funds.--A recipient of a grant under this
section shall use the grant funds for one or more of the
following:
(1) Security and redundancy for critical
communications, computer, and train control systems
essential for secure railroad operations.
(2) Accommodation of railroad cargo or passenger
security inspection facilities, related infrastructure,
and operations at or near United States international
borders or other ports of entry.
(3) The security of security-sensitive materials
transportation by railroad.
(4) Chemical, biological, radiological, or
explosive detection, including canine patrols for such
detection.
(5) The security of intercity passenger railroad
stations, trains, and infrastructure, including
security capital improvement projects that the
Secretary determines enhance railroad station security.
(6) Technologies to reduce the vulnerabilities of
railroad cars, including structural modification of
railroad cars transporting security-sensitive materials
to improve their resistance to acts of terrorism.
(7) The sharing of intelligence and information
about security threats.
(8) To obtain train tracking and communications
equipment, including equipment that is interoperable
with Federal, State, and local agencies and tribal
governments.
(9) To hire, train, and employ police and security
officers, including canine units, assigned to full-time
security or counterterrorism duties related to railroad
transportation.
(10) Overtime reimbursement, including
reimbursement of State, local, and tribal governments
for costs, for enhanced security personnel assigned to
duties related to railroad security during periods of
high or severe threat levels and National Special
Security Events or other periods of heightened security
as determined by the Secretary.
(11) Perimeter protection systems, including access
control, installation of improved lighting, fencing,
and barricades at railroad facilities.
(12) Tunnel protection systems.
(13) Passenger evacuation and evacuation-related
capital improvements.
(14) Railroad security inspection technologies,
including verified visual inspection technologies using
hand-held readers.
(15) Surveillance equipment.
(16) Cargo or passenger screening equipment.
(17) Emergency response equipment, including fire
suppression and decontamination equipment, personal
protective equipment, and defibrillators.
(18) Operating and capital costs associated with
security awareness, preparedness, and response
training, including training under section 1517, and
training developed by universities, institutions of
higher education, and nonprofit employee labor
organizations, for railroad employees, including
frontline employees.
(19) Live or simulated exercises, including
exercises described in section 1516.
(20) Public awareness campaigns for enhanced
railroad security.
(21) Development of assessments or security plans
under section 1512.
(22) Other security improvements--
(A) identified, required, or recommended
under sections 1511 and 1512, including
infrastructure, facilities, and equipment
upgrades; or
(B) that the Secretary considers
appropriate.
(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;
(2) establish priorities for uses of funds for
grant recipients;
(3) award the funds authorized by this section
based on risk, as identified by the plans required
under sections 1511 and 1512, or assessment or plan
described in subsection (a)(5);
(4) take into account whether stations or
facilities are used by commuter railroad passengers as
well as intercity railroad passengers in reviewing
grant applications;
(5) encourage non-Federal financial participation
in projects funded by grants; and
(6) not later than 5 business days after awarding a
grant to Amtrak under this section, transfer grant
funds to the Secretary of Transportation to be
disbursed to Amtrak.
(d) Multiyear Awards.--Grant funds awarded under this
section may be awarded for projects that span multiple years.
(e) Limitation on Uses of Funds.--A grant made under this
section may not be used to make any State or local government
cost-sharing contribution under any other Federal law.
(f) Annual Reports.--Each recipient of a grant under this
section shall report annually to the Secretary on the use of
grant funds.
(g) Non-Federal Match Study.--Not later than 240 days after
the date of enactment of this Act, the Secretary shall provide
a report to the appropriate congressional committees on the
feasibility and appropriateness of requiring a non-Federal
match for grants awarded to freight railroad carriers and other
private entities under this section.
(h) Subject to Certain Standards.--A recipient of a grant
under this section and sections 1514 and 1515 shall be required
to comply with the standards of section 24312 of title 49,
United States Code, as in effect on January 1, 2007, with
respect to the project in the same manner as Amtrak is required
to comply with such standards for construction work financed
under an agreement made under section 24308(a) of that title.
(i) Authorization of Appropriations.--
(1) In general.--Out of funds appropriated pursuant
to section 114(w) of title 49, United States Code, as
amended by section 1503 of this title, there shall be
made available to the Secretary to carry out this
section--
(A) $300,000,000 for fiscal year 2008;
(B) $300,000,000 for fiscal year 2009;
(C) $300,000,000 for fiscal year 2010; and
(D) $300,000,000 for fiscal year 2011.
(2) Period of availability.--Sums appropriated to
carry out this section shall remain available until
expended.
SEC. 1514. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--
(1) Grants.--Subject to subsection (b), the
Secretary, in consultation with the Administrator of
the Transportation Security Administration, is
authorized to make grants to Amtrak in accordance with
the provisions of this section.
(2) General purposes.--The Secretary may make such
grants for the purposes of--
(A) protecting underwater and underground
assets and systems;
(B) protecting high-risk and high-
consequence assets identified through
systemwide risk assessments;
(C) providing counterterrorism or security
training;
(D) providing both visible and
unpredictable deterrence; and
(E) conducting emergency preparedness
drills and exercises.
(3) Specific projects.--The Secretary shall make
such grants--
(A) to secure major tunnel access points
and ensure tunnel integrity in New York, New
Jersey, Maryland, and Washington, DC;
(B) to secure Amtrak trains;
(C) to secure Amtrak stations;
(D) to obtain a watchlist identification
system approved by the Secretary;
(E) to obtain train tracking and
interoperable communications systems that are
coordinated with Federal, State, and local
agencies and tribal governments to the maximum
extent possible;
(F) to hire, train, and employ police and
security officers, including canine units,
assigned to full-time security or
counterterrorism duties related to railroad
transportation;
(G) for operating and capital costs
associated with security awareness,
preparedness, and response training, including
training under section 1517, and training
developed by universities, institutions of
higher education, and nonprofit employee labor
organizations, for railroad employees,
including frontline employees; and
(H) for live or simulated exercises,
including exercises described in section 1516.
(b) Conditions.--The Secretary shall award grants to Amtrak
under this section for projects contained in a systemwide
security plan approved by the Secretary developed pursuant to
section 1512. Not later than 5 business days after awarding a
grant to Amtrak under this section, the Secretary shall
transfer the grant funds to the Secretary of Transportation to
be disbursed to Amtrak.
(c) Equitable Geographic Allocation.--The Secretary shall
ensure that, subject to meeting the highest security needs on
Amtrak's entire system and consistent with the risk assessment
required under section 1511 and Amtrak's vulnerability
assessment and security plan developed under section 1512,
stations and facilities located outside of the Northeast
Corridor receive an equitable share of the security funds
authorized by this section.
(d) Availability of Funds.--
(1) In general.--Out of funds appropriated pursuant
to section 114(w) of title 49, United States Code, as
amended by section 1503 of this title, there shall be
made available to the Secretary and the Administrator
of the Transportation Security Administration to carry
out this section--
(A) $150,000,000 for fiscal year 2008;
(B) $150,000,000 for fiscal year 2009;
(C) $175,000,000 for fiscal year 2010; and
(D) $175,000,000 for fiscal year 2011.
(2) Availability of appropriated funds.--Amounts
appropriated pursuant to paragraph (1) shall remain
available until expended.
SEC. 1515. FIRE AND LIFE SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--There are authorized to be
appropriated to the Secretary of Transportation for making
grants to Amtrak for the purpose of carrying out projects to
make fire and life safety improvements to Amtrak tunnels on the
Northeast Corridor the following amounts:
(1) For the 6 New York and New Jersey tunnels to
provide ventilation, electrical, and fire safety
technology improvements, emergency communication and
lighting systems, and emergency access and egress for
passengers--
(A) $25,000,000 for fiscal year 2008;
(B) $30,000,000 for fiscal year 2009;
(C) $45,000,000 for fiscal year 2010; and
(D) $60,000,000 for fiscal year 2011.
(2) For the Baltimore Potomac Tunnel and the Union
Tunnel, together, to provide adequate drainage and
ventilation, communication, lighting, standpipe, and
passenger egress improvements--
(A) $5,000,000 for fiscal year 2008;
(B) $5,000,000 for fiscal year 2009;
(C) $5,000,000 for fiscal year 2010; and
(D) $5,000,000 for fiscal year 2011.
(3) For the Union Station tunnels in the District
of Columbia to improve ventilation, communication,
lighting, and passenger egress improvements--
(A) $5,000,000 for fiscal year 2008;
(B) $5,000,000 for fiscal year 2009;
(C) $5,000,000 for fiscal year 2010; and
(D) $5,000,000 for fiscal year 2011.
(b) Infrastructure Upgrades.--Out of funds appropriated
pursuant to section 1503(b), there shall be made available to
the Secretary of Transportation for fiscal year 2008,
$3,000,000 for the preliminary design of options for a new
tunnel on a different alignment to augment the capacity of the
existing Baltimore tunnels.
(c) Availability of Amounts.--Amounts appropriated pursuant
to this section shall remain available until expended.
(d) Plans Required.--The Secretary of Transportation may
not make amounts available to Amtrak for obligation or
expenditure under subsection (a)--
(1) until Amtrak has submitted to the Secretary of
Transportation, and the Secretary of Transportation has
approved, an engineering and financial plan for such
projects; and
(2) unless, for each project funded pursuant to
this section, the Secretary of Transportation has
approved a project management plan prepared by Amtrak.
(e) Review of Plans.--
(1) In general.--The Secretary of Transportation
shall complete the review of a plan required under
subsection (d) and approve or disapprove the plan
within 45 days after the date on which each such plan
is submitted by Amtrak.
(2) Incomplete or deficient plan.--If the Secretary
of Transportation determines that a plan is incomplete
or deficient, the Secretary of Transportation shall
notify Amtrak of the incomplete items or deficiencies
and Amtrak shall, within 30 days after receiving the
Secretary of Transportation's notification, submit a
modified plan for the Secretary of Transportation's
review.
(3) Approval of plan.--Within 15 days after
receiving additional information on items previously
included in the plan, and within 45 days after
receiving items newly included in a modified plan, the
Secretary of Transportation shall either approve the
modified plan, or if the Secretary of Transportation
finds the plan is still incomplete or deficient, the
Secretary of Transportation shall--
(A) identify in writing to the appropriate
congressional committees the portions of the
plan the Secretary finds incomplete or
deficient;
(B) approve all other portions of the plan;
(C) obligate the funds associated with
those portions; and
(D) execute an agreement with Amtrak within
15 days thereafter on a process for resolving
the remaining portions of the plan.
(f) Financial Contribution From Other Tunnel Users.--The
Secretary of Transportation, taking into account the need for
the timely completion of all portions of the tunnel projects
described in subsection (a), shall--
(1) consider the extent to which railroad carriers
other than Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other railroad carriers toward
the costs of the projects; and
(3) obtain financial contributions or commitments
from such other railroad carriers at levels reflecting
the extent of their use or planned use of the tunnels,
if feasible.
SEC. 1516. RAILROAD CARRIER EXERCISES.
(a) In General.--The Secretary shall establish a program
for conducting security exercises for railroad carriers for the
purpose of assessing and improving the capabilities of entities
described in subsection (b) to prevent, prepare for, mitigate,
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) railroad carriers;
(3) governmental and nongovernmental emergency
response providers, law enforcement agencies, and
railroad and transit police, as appropriate; and
(4) any other organization or entity that the
Secretary determines appropriate.
(c) Requirements.--The Secretary shall ensure that the
program--
(1) consolidates existing security exercises for
railroad carriers administered by the Department and
the Department of Transportation, as jointly determined
by the Secretary and the Secretary of Transportation,
unless the Secretary waives this consolidation
requirement as appropriate;
(2) consists of exercises that are--
(A) scaled and tailored to the needs of the
carrier, including addressing the needs of the
elderly and individuals with disabilities;
(B) live, in the case of the most at-risk
facilities to a terrorist attack;
(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 railroad
frontline employees; 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;
(3) provides that exercises described in paragraph
(2) will be--
(A) evaluated by the Secretary against
clear and consistent performance measures;
(B) assessed by the Secretary to identify
best practices, which shall be shared, as
appropriate, with railroad carriers, nonprofit
employee organizations that represent railroad
carrier employees, Federal, State, local, and
tribal officials, governmental and
nongovernmental emergency response providers,
law enforcement personnel, including railroad
carrier and transit police, and other
stakeholders; and
(C) used to develop recommendations, as
appropriate, from the Secretary to railroad
carriers on remedial action to be taken in
response to lessons learned;
(4) allows for proper advanced notification of
communities and local governments in which exercises
are held, as appropriate; and
(5) assists State, local, and tribal governments
and railroad carriers in designing, implementing, and
evaluating additional exercises that conform to the
requirements of paragraph (1).
(d) National Exercise Program.--The Secretary shall ensure
that the exercise program developed under subsection (c) 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).
SEC. 1517. RAILROAD SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall develop and issue
regulations for a training program to prepare railroad
frontline employees for potential security threats and
conditions. The regulations shall take into consideration any
current security training requirements or best practices.
(b) Consultation.--The Secretary shall develop the
regulations under subsection (a) in consultation with--
(1) appropriate law enforcement, fire service,
emergency response, security, and terrorism experts;
(2) railroad carriers;
(3) railroad shippers; and
(4) nonprofit employee labor organizations
representing railroad employees or emergency response
personnel.
(c) Program Elements.--The regulations developed under
subsection (a) shall require security training programs
described in subsection (a) to include, at a minimum, elements
to address the following, as applicable:
(1) Determination of the seriousness of any
occurrence or threat.
(2) Crew and passenger communication and
coordination.
(3) Appropriate responses to defend or protect
oneself.
(4) Use of personal and other protective equipment.
(5) Evacuation procedures for passengers and
railroad employees, including individuals with
disabilities and the elderly.
(6) Psychology, behavior, and methods of
terrorists, including observation and analysis.
(7) Training related to psychological responses to
terrorist incidents, including the ability to cope with
hijacker behavior and passenger responses.
(8) Live situational training exercises regarding
various threat conditions, including tunnel evacuation
procedures.
(9) Recognition and reporting of dangerous
substances, suspicious packages, and situations.
(10) 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.
(11) Operation and maintenance of security
equipment and systems.
(12) Other security training activities that the
Secretary considers appropriate.
(d) Required Programs.--
(1) Development and submission to secretary.--Not
later than 90 days after the Secretary issues
regulations under subsection (a), each railroad carrier
shall develop a security training program in accordance
with this section and submit the program to the
Secretary for approval.
(2) Approval or disapproval.--Not later than 60
days after receiving a security training program
proposal under this subsection, the Secretary shall
approve the program or require the railroad carrier
that developed the program to make any revisions to the
program that the Secretary considers necessary for the
program to meet the requirements of this section. A
railroad carrier 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 in
accordance with this subsection, the railroad carrier
that developed the program shall complete the training
of all railroad frontline employees who were hired by a
carrier more than 30 days preceding such date. For such
employees employed less than 30 days by a carrier
preceding such date, training shall be completed within
the first 60 days of employment.
(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 railroad carrier shall revise its
training program accordingly and provide additional
training as necessary to its frontline employees within
a reasonable time after the regulations are updated.
(e) 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).
(f) Reporting Requirements.--Not later than 2 years after
the date of regulation issuance, the Secretary shall review
implementation of the training program of a representative
sample of railroad carriers and railroad frontline employees,
and report to the appropriate congressional committees on the
number of reviews conducted and the results of such reviews.
The Secretary may submit the report in both classified and
redacted formats as necessary.
(g) Other Employees.--The Secretary shall issue guidance
and best practices for a railroad shipper employee security
program containing the elements listed under subsection (c).
SEC. 1518. RAILROAD SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary, acting through the Under Secretary for Science and
Technology and the Administrator of the Transportation Security
Administration, shall carry out a research and development
program for the purpose of improving the security of railroad
transportation systems.
(b) Eligible Projects.--The research and development
program may include projects--
(1) to reduce the vulnerability of passenger
trains, stations, and equipment to explosives and
hazardous chemical, biological, and radioactive
substances, including the development of technology to
screen passengers in large numbers at peak commuting
times with minimal interference and disruption;
(2) to test new emergency response and recovery
techniques and technologies, including those used at
international borders;
(3) to develop improved railroad security
technologies, including--
(A) technologies for sealing or modifying
railroad tank cars;
(B) automatic inspection of railroad cars;
(C) communication-based train control
systems;
(D) emergency response training, including
training in a tunnel environment;
(E) security and redundancy for critical
communications, electrical power, computer, and
train control systems; and
(F) technologies for securing bridges and
tunnels;
(4) to test wayside detectors that can detect
tampering;
(5) to support enhanced security for the
transportation of security-sensitive materials by
railroad;
(6) to mitigate damages in the event of a cyber
attack; and
(7) to address other vulnerabilities and risks
identified by the Secretary.
(c) Coordination With Other Research Initiatives.--The
Secretary--
(1) shall ensure that the research and development
program is consistent with the National Strategy for
Railroad Transportation Security developed under
section 1511 and any other transportation security
research and development programs required by this Act;
(2) shall, to the extent practicable, coordinate
the research and development activities of the
Department with other ongoing research and development
security-related initiatives, including research being
conducted by--
(A) the Department of Transportation,
including University Transportation Centers and
other institutes, centers, and simulators
funded by the Department of Transportation;
(B) the National Academy of Sciences;
(C) the Technical Support Working Group;
(D) other Federal departments and agencies;
and
(E) other Federal and private research
laboratories, research entities, and
universities and institutions of higher
education, including Historically Black
Colleges and Universities, Hispanic Serving
Institutions, or Indian Tribally Controlled
Colleges and Universities;
(3) shall carry out any research and development
project authorized by this section through a
reimbursable agreement with an appropriate Federal
agency, if the agency--
(A) is currently sponsoring a research and
development project in a similar area; or
(B) has a unique facility or capability
that would be useful in carrying out the
project;
(4) may award grants, or enter into cooperative
agreements, contracts, other transactions, or
reimbursable agreements to the entities described in
paragraph (2) and the eligible grant recipients under
section 1513; and
(5) shall make reasonable efforts to enter into
memoranda of understanding, contracts, grants,
cooperative agreements, or other transactions with
railroad carriers willing to contribute both physical
space and other resources.
(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
that the Secretary determines could have an impact on
privacy, civil rights, or civil liberties.
(e) Authorization of Appropriations.--
(1) In general.--Out of funds appropriated pursuant
to section 114(w) of title 49, United States Code, as
amended by section 1503, there shall be made available
to the Secretary to carry out this section--
(A) $33,000,000 for fiscal year 2008;
(B) $33,000,000 for fiscal year 2009;
(C) $33,000,000 for fiscal year 2010; and
(D) $33,000,000 for fiscal year 2011.
(2) Period of availability.--Such sums shall remain
available until expended.
SEC. 1519. RAILROAD TANK CAR SECURITY TESTING.
(a) Railroad Tank Car Vulnerability Assessment.--
(1) Assessment.--The Secretary shall assess the
likely methods of a deliberate terrorist attack against
a railroad tank car used to transport toxic-inhalation-
hazard materials, and for each method assessed, the
degree to which it may be successful in causing death,
injury, or serious adverse effects to human health, the
environment, critical infrastructure, national
security, the national economy, or public welfare.
(2) Threats.--In carrying out paragraph (1), the
Secretary shall consider the most current threat
information as to likely methods of a successful
terrorist attack on a railroad tank car transporting
toxic-inhalation-hazard materials, and may consider the
following:
(A) Explosive devices placed along the
tracks or attached to a railroad tank car.
(B) The use of missiles, grenades, rockets,
mortars, or other high-caliber weapons against
a railroad tank car.
(3) Physical testing.--In developing the assessment
required under paragraph (1), the Secretary shall
conduct physical testing of the vulnerability of
railroad tank cars used to transport toxic-inhalation-
hazard materials to different methods of a deliberate
attack, using technical information and criteria to
evaluate the structural integrity of railroad tank
cars.
(4) Report.--Not later than 30 days after the
completion of the assessment under paragraph (1), the
Secretary shall provide to the appropriate
congressional committees a report, in the appropriate
format, on such assessment.
(b) Railroad Tank Car Dispersion Modeling.--
(1) In general.--The Secretary, acting through the
National Infrastructure Simulation and Analysis Center,
shall conduct an air dispersion modeling analysis of
release scenarios of toxic-inhalation-hazard materials
resulting from a terrorist attack on a loaded railroad
tank car carrying such materials in urban and rural
environments.
(2) Considerations.--The analysis under this
subsection shall take into account the following
considerations:
(A) The most likely means of attack and the
resulting dispersal rate.
(B) Different times of day, to account for
differences in cloud coverage and other
atmospheric conditions in the environment being
modeled.
(C) Differences in population size and
density.
(D) Historically accurate wind speeds,
temperatures, and wind directions.
(E) Differences in dispersal rates or other
relevant factors related to whether a railroad
tank car is in motion or stationary.
(F) Emergency response procedures by local
officials.
(G) Any other considerations the Secretary
believes would develop an accurate, plausible
dispersion model for toxic-inhalation-hazard
materials released from a railroad tank car as
a result of a terrorist act.
(3) Consultation.--In conducting the dispersion
modeling under paragraph (1), the Secretary shall
consult with the Secretary of Transportation, hazardous
materials experts, railroad carriers, nonprofit
employee labor organizations representing railroad
employees, appropriate State, local, and tribal
officials, and other Federal agencies, as appropriate.
(4) Information sharing.--Upon completion of the
analysis required under paragraph (1), the Secretary
shall share the information developed with the
appropriate stakeholders, given appropriate information
protection provisions as may be required by the
Secretary.
(5) Report.--Not later than 30 days after
completion of all dispersion analyses under paragraph
(1), the Secretary shall submit to the appropriate
congressional committees a report detailing the
Secretary's conclusions and findings in an appropriate
format.
SEC. 1520. RAILROAD 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 railroad 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. 1521. RAILROAD EMPLOYEE PROTECTIONS.
Section 20109 of title 49, United States Code, is amended
to read:
``SEC. 20109. EMPLOYEE PROTECTIONS.
``(a) In General.--A railroad carrier engaged in interstate
or foreign commerce, a contractor or a subcontractor of such a
railroad carrier, or an officer or employee of such a railroad
carrier, may 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 railroad safety or security, or gross
fraud, waste, or abuse of Federal grants or other
public funds intended to be used for railroad 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 railroad safety or security;
``(3) to file a complaint, or directly cause to be
brought a proceeding related to the enforcement of this
part or, as applicable to railroad safety or security,
chapter 51 or 57 of this title, or to testify in that
proceeding;
``(4) to notify, or attempt to notify, the railroad
carrier or the Secretary of Transportation of a work-
related personal injury or work-related illness of an
employee;
``(5) to cooperate with a safety or security
investigation by the Secretary of Transportation, the
Secretary of Homeland Security, or the National
Transportation Safety Board;
``(6) 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 railroad
transportation; or
``(7) to accurately report hours on duty pursuant
to chapter 211.
``(b) Hazardous Safety or Security Conditions.--(1) A
railroad carrier engaged in interstate or foreign commerce, or
an officer or employee of such a railroad carrier, shall not
discharge, demote, suspend, reprimand, or in any other way
discriminate against an employee for--
``(A) reporting, in good faith, 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-
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) 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 railroad carrier 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 paragraph (1)(A) shall apply
to security personnel employed by a railroad carrier to protect
individuals and property transported by railroad.
``(c) Enforcement Action.--
``(1) In general.--An employee who alleges
discharge, discipline, or other discrimination in
violation of subsection (a) or (b) of this section, may
seek relief in accordance with the provisions of this
section, with any petition or other request for relief
under this section to be initiated by filing a
complaint with the Secretary of Labor.
``(2) Procedure.--
``(A) In general.--Any action under
paragraph (1) shall be governed under the rules
and procedures set forth in section 42121(b),
including:
``(i) Burdens of proof.--Any action
brought under (c)(1) shall be governed
by the legal burdens of proof set forth
in section 42121(b).
``(ii) Statute of limitations.--An
action under paragraph (1) shall be
commenced not later than 180 days after
the date on which the alleged violation
of subsection (a) or (b) of this
section occurs.
``(iii) Civil actions to enforce.--
If a person fails to comply with an
order issued by the Secretary of Labor
pursuant to the procedures in section
42121(b), the Secretary of Labor may
bring a civil action to enforce the
order in the district court of the
United States for the judicial district
in which the violation occurred, as set
forth in 42121.
``(B) Exception.--Notification made under
section 42121(b)(1) shall be made to the person
named in the complaint and the person's
employer.
``(3) 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.
``(4) Appeals.--Any person adversely affected or
aggrieved by an order issued pursuant to the procedures
in section 42121(b), 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. The review shall conform to
chapter 7 of title 5. The commencement of proceedings
under this paragraph shall not, unless ordered by the
court, operate as a stay of the order.
``(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
subsection (c)(3)) 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 railroad carrier.
``(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 deemed 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 of a railroad carrier who has
provided information about an alleged violation of this
part or, as applicable to railroad safety or security,
chapter 51 or 57 of this title, or a regulation
prescribed or order issued under any of those
provisions.
``(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) if the matter is referred to the Attorney
General for enforcement. The Secretary making such
disclosures 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 of
Homeland Security shall establish through regulations,
after an opportunity for notice and comment, a process
by which any person may report to the Secretary of
Homeland Security regarding railroad security problems,
deficiencies, or vulnerabilities.
``(2) Acknowledgment of receipt.--If a report
submitted under paragraph (1) identifies the person
making the report, the Secretary of Homeland Security
shall respond promptly to such person and acknowledge
receipt of the report.
``(3) Steps to address problem.--The Secretary of
Homeland Security 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. 1522. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS.
(a) Definitions.--In this section, the following
definitions apply:
(1) Security background check.--The term ``security
background check'' means reviewing, for the purpose of
identifying individuals who may pose a threat to
transportation security or national security, or of
terrorism--
(A) relevant criminal history databases;
(B) in the case of an alien (as defined in
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; and
(C) other relevant information or
databases, as determined by the Secretary.
(2) Covered individual.--The term ``covered
individual'' means an employee of a railroad carrier or
a contractor or subcontractor of a railroad carrier.
(b) Guidance.--
(1) Any guidance, recommendations, suggested action
items, or any other widely disseminated voluntary
action items issued by the Secretary to a railroad
carrier or a contractor or subcontractor of a railroad
carrier 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) Within 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 railroad carrier
or a contractor or subcontractor of a railroad carrier
relating to performing a security background check of a
covered individual shall be updated in compliance with
paragraph (1).
(3) If a railroad carrier or a contractor or
subcontractor of a railroad carrier 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 railroad carrier or
contractor or subcontractor of a railroad carrier to perform a
security background check of a covered individual, then the
Secretary shall prohibit the railroad carrier or contractor or
subcontractor of a railroad carrier from making an adverse
employment decision, including removal or suspension of the
covered individual, due to such rule, regulation, or directive
with respect to a covered individual unless the railroad
carrier or contractor or subcontractor of a railroad carrier
determines that the covered individual--
(1) has been convicted of, has been found not
guilty 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 railroad carrier or contractor or subcontractor of
a railroad carrier 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 railroad carrier or
contractor or subcontractor of a railroad carrier
performs the security background check.
(d) Redress Process.--If the Secretary issues a rule,
regulation, or directive requiring a railroad carrier or
contractor or subcontractor of a railroad carrier 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
employees at ports, as required by section 70105(c) of
title 46, 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
railroad carrier or contractor or subcontractor of a
railroad carrier wrongfully made an adverse employment
decision regarding a covered individual pursuant to
such rule, regulation, or directive.
(e) False Statements.--A railroad carrier or a contractor
or subcontractor of a railroad carrier 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 railroad carrier or a
contractor or subcontractor of a railroad carrier 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 railroad carrier's or a
contractor or subcontractor of a railroad carrier'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 railroad carrier, or a contractor or
subcontractor of a railroad carrier, under any other Federal,
State, or local laws or under any 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. 1523. NORTHERN BORDER RAILROAD PASSENGER REPORT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator of the Transportation Security Administration,
the Secretary of Transportation, heads of other appropriate
Federal departments and agencies and Amtrak shall transmit a
report to the appropriate congressional committees that
contains--
(1) a description of the current system for
screening passengers and baggage on passenger railroad
service between the United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United
States and Canada as outlined in ``The Agreement on Air
Transport Preclearance between the Government of Canada
and the Government of the United States of America'',
dated January 18, 2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the
United States and Canada as outlined in the
``Declaration of Principle for the Improved Security of
Rail Shipments by Canadian National Railway and
Canadian Pacific Railway from Canada to the United
States'', dated April 2, 2003;
(4) information on progress by the Department of
Homeland Security and other Federal agencies towards
finalizing a bilateral protocol with Canada that would
provide for preclearance of passengers on trains
operating between the United States and Canada;
(5) a description of legislative, regulatory,
budgetary, or policy barriers within the United States
Government to providing prescreened passenger lists for
railroad passengers traveling between the United States
and Canada to the Department;
(6) a description of the position of the Government
of Canada and relevant Canadian agencies with respect
to preclearance of such passengers;
(7) a draft of any changes in existing Federal law
necessary to provide for prescreening of such
passengers and providing prescreened passenger lists to
the Department; and
(8) an analysis of the feasibility of reinstating
in-transit inspections onboard international Amtrak
trains.
(b) Privacy and Civil Rights and Civil Liberties Issues.--
(1) Consultation.--In preparing the report 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.
(2) Privacy impact assessments.--In accordance with
sections 222 and 705 of the Homeland Security Act of
2002, the report must contain a privacy impact
assessment conducted by the Chief Privacy Officer and a
review conducted by the Officer for Civil Rights and
Civil Liberties.
SEC. 1524. INTERNATIONAL RAILROAD SECURITY PROGRAM.
(a) In General.--
(1) The Secretary shall develop a system to detect
both undeclared passengers and contraband, with a
primary focus on the detection of nuclear and
radiological materials entering the United States by
railroad.
(2) System requirements.--In developing the system
under paragraph (1), the Secretary may, in consultation
with the Domestic Nuclear Detection Office, Customs and
Border Protection, and the Transportation Security
Administration--
(A) deploy radiation detection equipment
and nonintrusive imaging equipment at locations
where railroad shipments cross an international
border to enter the United States;
(B) consider the integration of radiation
detection technologies with other nonintrusive
inspection technologies where feasible;
(C) ensure appropriate training,
operations, and response protocols are
established for Federal, State, and local
personnel;
(D) implement alternative procedures to
check railroad shipments at locations where the
deployment of nonintrusive inspection imaging
equipment is determined to not be practicable;
(E) ensure, to the extent practicable, that
such technologies deployed can detect
terrorists or weapons, including weapons of
mass destruction; and
(F) take other actions, as appropriate, to
develop the system.
(b) Additional Information.--The Secretary shall--
(1) identify and seek the submission of additional
data elements for improved high-risk targeting related
to the movement of cargo through the international
supply chain utilizing a railroad prior to importation
into the United States;
(2) utilize data collected and maintained by the
Secretary of Transportation in the targeting of high-
risk cargo identified under paragraph (1); and
(3) analyze the data provided in this subsection to
identify high-risk cargo for inspection.
(c) Report to Congress.--Not later than September 30, 2008,
the Secretary shall transmit to the appropriate congressional
committees a report that describes the progress of the system
being developed under subsection (a).
(d) Definitions.--In this section:
(1) International supply chain.--The term
``international supply chain'' means the end-to-end
process for shipping goods to or from the United
States, beginning at the point of origin (including
manufacturer, supplier, or vendor) through a point of
distribution to the destination.
(2) Radiation detection equipment.--The term
``radiation detection equipment'' means any technology
that is capable of detecting or identifying nuclear and
radiological material or nuclear and radiological
explosive devices.
(3) Inspection.--The term ``inspection'' means the
comprehensive process used by Customs and Border
Protection to assess goods entering the United States
to appraise them for duty purposes, to detect the
presence of restricted or prohibited items, and to
ensure compliance with all applicable laws.
SEC. 1525. TRANSMISSION LINE REPORT.
(a) Study.--The Comptroller General shall undertake an
assessment of the placement of high-voltage, direct-current,
electric transmission lines along active railroad and other
transportation rights-of-way. In conducting the assessment, the
Comptroller General shall evaluate any economic, safety, and
security risks and benefits to inhabitants living adjacent to
such rights-of-way and to consumers of electric power
transmitted by such transmission lines.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Comptroller General shall transmit
the results of the assessment in subsection (a) to the
appropriate congressional committees.
SEC. 1526. RAILROAD SECURITY ENHANCEMENTS.
(a) Railroad Police Officers.--Section 28101 of title 49,
United States Code, is amended--
(1) by inserting ``(a) In General.--'' before
``Under''; and
(2) by adding at the end the following:
``(b) Assignment.--A railroad police officer employed by a
railroad carrier and certified or commissioned as a police
officer under the laws of a State may be temporarily assigned
to assist a second railroad carrier in carrying out law
enforcement duties upon the request of the second railroad
carrier, at which time the police officer shall be considered
to be an employee of the second railroad carrier and shall have
authority to enforce the laws of any jurisdiction in which the
second railroad carrier owns property to the same extent as
provided in subsection (a).''.
(b) Model State Legislation.--Not later than November 2,
2007, the Secretary of Transportation shall develop and make
available to States model legislation to address the problem of
entities that claim to be railroad carriers in order to
establish and run a police force when the entities do not in
fact provide railroad transportation. In developing the model
State legislation the Secretary shall solicit the input of the
States, railroads carriers, and railroad carrier employees. The
Secretary shall review and, if necessary, revise such model
State legislation periodically.
SEC. 1527. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CERTAIN AMTRAK
CONTRACTS.
Section 24301 of title 49, United States Code, is amended
by adding at the end the following:
``(o) Applicability of District of Columbia Law.--Any lease
or contract entered into between Amtrak and the State of
Maryland, or any department or agency of the State of Maryland,
after the date of the enactment of this subsection shall be
governed by the laws of the District of Columbia.''.
SEC. 1528. RAILROAD PREEMPTION CLARIFICATION.
Section 20106 of title 49, United States Code, is amended
to read as follows:
``Sec. 20106. Preemption
``(a) National Uniformity of Regulation.--(1) Laws,
regulations, and orders related to railroad safety and laws,
regulations, and orders related to railroad security shall be
nationally uniform to the extent practicable.
``(2) A State may adopt or continue in force a law,
regulation, or order related to railroad safety or security
until the Secretary of Transportation (with respect to railroad
safety matters), or the Secretary of Homeland Security (with
respect to railroad security matters), prescribes a regulation
or issues an order covering the subject matter of the State
requirement. A State may adopt or continue in force an
additional or more stringent law, regulation, or order related
to railroad safety or security when the law, regulation, or
order--
``(A) is necessary to eliminate or reduce an
essentially local safety or security hazard;
``(B) is not incompatible with a law, regulation,
or order of the United States Government; and
``(C) does not unreasonably burden interstate
commerce.
``(b) Clarification Regarding State Law Causes of Action.--
(1) Nothing in this section shall be construed to preempt an
action under State law seeking damages for personal injury,
death, or property damage alleging that a party--
``(A) has failed to comply with the Federal
standard of care established by a regulation or order
issued by the Secretary of Transportation (with respect
to railroad safety matters), or the Secretary of
Homeland Security (with respect to railroad security
matters), covering the subject matter as provided in
subsection (a) of this section;
``(B) has failed to comply with its own plan, rule,
or standard that it created pursuant to a regulation or
order issued by either of the Secretaries; or
``(C) has failed to comply with a State law,
regulation, or order that is not incompatible with
subsection (a)(2).
``(2) This subsection shall apply to all pending State law
causes of action arising from events or activities occurring on
or after January 18, 2002.
``(c) Jurisdiction.--Nothing in this section creates a
Federal cause of action on behalf of an injured party or
confers Federal question jurisdiction for such State law causes
of action.''.
Subtitle C--Over-the-Road Bus and Trucking Security
SEC. 1531. OVER-THE-ROAD BUS SECURITY ASSESSMENTS AND PLANS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue regulations
that--
(1) require each over-the-road bus operator
assigned to a high-risk tier under this section--
(A) to 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 subsection (e); and
(2) establish standards and guidelines for
developing and implementing the vulnerability
assessments and security plans for carriers assigned to
high-risk tiers consistent with this section.
(b) Non High-Risk Programs.--The Secretary may establish a
security program for over-the-road bus operators not assigned
to a high-risk tier, including--
(1) guidance for such operators 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 over-the-road bus operators 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 over-the-road bus
operators in conducting vulnerability assessments under
this section and shall require that each vulnerability
assessment of an operator assigned to a high-risk tier
under this section includes, as appropriate--
(A) identification and evaluation of
critical assets and infrastructure, including
platforms, stations, terminals, and information
systems;
(B) identification of the vulnerabilities
to those assets and infrastructure; and
(C) identification of weaknesses in--
(i) physical security;
(ii) passenger and cargo security;
(iii) the security of programmable
electronic devices, computers, or other
automated systems which are used in
providing over-the-road bus
transportation;
(iv) alarms, cameras, and other
protection systems;
(v) communications systems and
utilities needed for over-the-road bus
security purposes, including
dispatching systems;
(vi) emergency response planning;
(vii) employee training; and
(viii) such other matters as the
Secretary determines appropriate.
(2) Threat information.--The Secretary shall
provide in a timely manner to the appropriate employees
of an over-the-road bus operator, as designated by the
over-the-road bus operator, threat information that is
relevant to the operator 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 over-the-
road bus security.
(e) Security Plans.--
(1) Requirements.--The Secretary shall provide
technical assistance and guidance to over-the-road bus
operators in preparing and implementing security plans
under this section and shall require that each security
plan of an over-the-road bus operator assigned to a
high-risk tier under this section includes, as
appropriate--
(A) the identification of a security
coordinator having authority--
(i) to implement security actions
under the plan;
(ii) to coordinate security
improvements; and
(iii) to receive communications
from appropriate Federal officials
regarding over-the-road bus security;
(B) a list of needed capital and
operational improvements;
(C) procedures to be implemented or used by
the over-the-road bus operator in response to a
terrorist attack, including evacuation and
passenger communication plans that include
individuals with disabilities, as appropriate;
(D) the 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 1534;
(F) enhanced security measures to be taken
by the over-the-road bus operator 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 over-the-
road bus operator's system in the event of a
terrorist attack or other incident; and
(H) such other actions or procedures as the
Secretary determines are appropriate to address
the security of over-the-road bus operators.
(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.
(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
over-the-road bus operators, during the period before the
deadline established under subsection (c), to submit a security
plan to implement any necessary interim security measures
essential to providing adequate security of the over-the-road
bus operator's system. An interim plan required under this
subsection shall be superseded by a plan required under
subsection (c).
(h) Tier Assignment.--The Secretary shall assign each over-
the-road bus operator to a risk-based tier established by the
Secretary.
(1) Provision of information.--The Secretary may
request, and an over-the-road bus operator shall
provide, information necessary for the Secretary to
assign an over-the-road bus operator to the appropriate
tier under this subsection.
(2) Notification.--Not later than 60 days after the
date an over-the-road bus operator is assigned to a
tier under this section, the Secretary shall notify the
operator of the tier to which it is assigned and the
reasons for such assignment.
(3) High-risk tiers.--At least one of the tiers
established by the Secretary under this section shall
be a tier designated for high-risk over-the-road bus
operators.
(4) Reassignment.--The Secretary may reassign an
over-the-road bus operator to another tier, as
appropriate, in response to changes in risk and the
Secretary shall notify the over-the-road bus operator
within 60 days after such reassignment and provide the
operator with the reasons for such reassignment.
(i) Existing Procedures, Protocols, and Standards.--
(1) Determination.--In response to a petition by an
over-the-road bus operator or at the discretion of the
Secretary, the Secretary may determine that existing
procedures, protocols, and standards meet all or part
of the requirements of this section regarding
vulnerability assessments and security plans.
(2) Election.--Upon review and written
determination by the Secretary that existing
procedures, protocols, or standards of an over-the-road
bus operator satisfy the requirements of this section,
the over-the-road bus operator may elect to comply with
those procedures, protocols, or standards instead of
the requirements of this section.
(3) Partial approval.--If the Secretary determines
that the existing procedures, protocols, or standards
of an over-the-road bus operator satisfy only part of
the requirements of this section, the Secretary may
accept such submission, but shall require submission by
the operator of any additional information relevant to
the vulnerability assessment and security plan of the
operator to ensure that the remaining requirements of
this section are fulfilled.
(4) Notification.--If the Secretary determines that
particular existing procedures, protocols, or standards
of an over-the-road bus operator under this subsection
do not satisfy the requirements of this section, the
Secretary shall provide to the operator a written
notification that includes an explanation of the
reasons for nonacceptance.
(5) Review.--Nothing in this subsection shall
relieve the Secretary of the obligation--
(A) to review the vulnerability assessment
and security plan submitted by an over-the-road
bus operator under this section; and
(B) to approve or disapprove each
submission on an individual basis.
(j) Periodic Evaluation by Over-the-Road Bus Provider
Required.--
(1) Submission of evaluation.--Not later than 3
years after the date on which a vulnerability
assessment or security plan required to be submitted to
the Secretary under subsection (c) is approved, and at
least once every 5 years thereafter (or on such a
schedule as the Secretary may establish by regulation),
an over-the-road bus operator who submitted a
vulnerability assessment and security plan and who is
still assigned to the high-risk tier shall also submit
to the Secretary an evaluation of the adequacy of the
vulnerability assessment and security plan that
includes a description of any material changes made to
the vulnerability assessment or security plan.
(2) Review of evaluation.--Not later than 180 days
after the date on which an evaluation is submitted, the
Secretary shall review the evaluation and notify the
over-the-road bus operator submitting the evaluation of
the Secretary's approval or disapproval of the
evaluation.
(k) Shared Facilities.--The Secretary may permit under this
section the development and implementation of coordinated
vulnerability assessments and security plans to the extent that
an over-the-road bus operator shares facilities with, or is
colocated with, other transportation entities or providers that
are required to develop vulnerability assessments and security
plans under Federal law.
(l) 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 an over-the-road
bus operator under any other Federal law.
SEC. 1532. OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary shall establish a program
for making grants to eligible private operators providing
transportation by an over-the-road bus for security
improvements described in subsection (b).
(b) Uses of Funds.--A recipient of a grant received under
subsection (a) shall use the grant funds for one or more of the
following:
(1) Constructing and modifying terminals, garages,
and facilities, including terminals and other over-the-
road bus facilities owned by State or local
governments, to increase their security.
(2) Modifying over-the-road buses to increase their
security.
(3) Protecting or isolating the driver of an over-
the-road bus.
(4) Acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for
collection, storage, or exchange of passenger and
driver information through ticketing systems or other
means and for information links with government
agencies, for security purposes.
(5) Installing cameras and video surveillance
equipment on over-the-road buses and at terminals,
garages, and over-the-road bus facilities.
(6) Establishing and improving an emergency
communications system linking drivers and over-the-road
buses to the recipient's operations center or linking
the operations center to law enforcement and emergency
personnel.
(7) Implementing and operating passenger screening
programs for weapons and explosives.
(8) Public awareness campaigns for enhanced over-
the-road bus security.
(9) Operating and capital costs associated with
over-the-road bus security awareness, preparedness, and
response training, including training under section
1534 and training developed by institutions of higher
education and by nonprofit employee labor
organizations, for over-the-road bus employees,
including frontline employees.
(10) Chemical, biological, radiological, or
explosive detection, including canine patrols for such
detection.
(11) Overtime reimbursement, including
reimbursement of State, local, and tribal governments
for costs, for enhanced security personnel assigned to
duties related to over-the-road bus security during
periods of high or severe threat levels, National
Special Security Events, or other periods of heightened
security as determined by the Secretary.
(12) Live or simulated exercises, including those
described in section 1533.
(13) Operational costs to hire, train, and employ
police and security officers, including canine units,
assigned to full-time security or counterterrorism
duties related to over-the-road bus transportation,
including reimbursement of State, local, and tribal
government costs for such personnel.
(14) Development of assessments or security plans
under section 1531.
(15) Such other improvements as the Secretary
considers appropriate.
(c) Due Consideration.--In making grants under this
section, the Secretary shall prioritize grant funding based on
security risks to bus passengers and the ability of a project
to reduce, or enhance response to, that risk, and shall not
penalize private operators of over-the-road buses that have
taken measures to enhance over-the-road bus transportation
security prior to September 11, 2001.
(d) 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) select grant recipients;
(3) award the funds authorized by this section
based on risk, as identified by the plans required
under section 1531 or assessment or plan described in
subsection (f)(2); and
(4) pursuant to subsection (c), establish
priorities for the use of funds for grant recipients.
(e) 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.
(f) Eligibility.--
(1) A private operator providing transportation by
an over-the-road bus is eligible for a grant under this
section if the operator has completed a vulnerability
assessment and developed a security plan that the
Secretary has approved under section 1531. Grant funds
may only be used for permissible uses under subsection
(b) to further an over-the-road bus security plan.
(2) Notwithstanding the requirements for
eligibility and uses in paragraph (1), prior to the
earlier of one year after the date of issuance of final
regulations requiring vulnerability assessments and
security plans under section 1531 or 3 years after the
date of enactment of this Act, the Secretary may award
grants under this section for over-the-road bus
security improvements listed under subsection (b) based
upon over-the-road bus vulnerability assessments and
security plans that the Secretary deems are sufficient
for the purposes of this section but have not been
approved by the Secretary in accordance with section
1531.
(g) Subject to Certain Terms and Conditions.--Except as
otherwise specifically provided in this section, a grant made
under this section shall be subject to the terms and conditions
applicable to subrecipients who provide over-the-road bus
transportation under section 5311(f) of title 49, United States
Code, and such other terms and conditions as are determined
necessary by the Secretary.
(h) Limitation on Uses of Funds.--A grant made under this
section may not be used to make any State or local government
cost-sharing contribution under any other Federal law.
(i) Annual Reports.--Each recipient of a grant under this
section shall report annually to the Secretary and on the use
of such grant funds.
(j) Consultation.--In carrying out this section, the
Secretary shall consult with over-the-road bus operators and
nonprofit employee labor organizations representing over-the-
road bus employees, public safety and law enforcement
officials.
(k) Authorization.--
(1) In general.--From the amounts appropriated
pursuant to section 114(w) of title 49, United States
Code, as amended by section 1503 of this Act, there
shall be made available to the Secretary to make grants
under this section--
(A) $12,000,000 for fiscal year 2008;
(B) $25,000,000 for fiscal year 2009;
(C) $25,000,000 for fiscal year 2010; and
(D) $25,000,000 for fiscal year 2011.
(2) Period of availability.--Sums appropriated to
carry out this section shall remain available until
expended.
SEC. 1533. OVER-THE-ROAD BUS EXERCISES.
(a) In General.--The Secretary shall establish a program
for conducting security exercises for over-the-road bus
transportation for the purpose of assessing and improving the
capabilities of entities described in subsection (b) to
prevent, prepare for, mitigate, 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) over-the-road bus operators and over-the-road
bus terminal owners and operators;
(3) governmental and nongovernmental emergency
response providers and law enforcement agencies; and
(4) any other organization or entity that the
Secretary determines appropriate.
(c) Requirements.--The Secretary shall ensure that the
program--
(1) consolidates existing security exercises for
over-the-road bus operators and terminals administered
by the Department and the Department of Transportation,
as jointly determined by the Secretary and the
Secretary of Transportation, unless the Secretary
waives this consolidation requirement, as appropriate;
(2) consists of exercises that are--
(A) scaled and tailored to the needs of the
over-the-road bus operators and terminals,
including addressing the needs of the elderly
and individuals with disabilities;
(B) live, in the case of the most at-risk
facilities to a terrorist attack;
(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 over-the-
road bus frontline employees; 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;
(3) provides that exercises described in paragraph
(2) will be--
(A) evaluated by the Secretary against
clear and consistent performance measures;
(B) assessed by the Secretary to identify
best practices, which shall be shared, as
appropriate, with operators providing over-the-
road bus transportation, nonprofit employee
organizations that represent over-the-road bus
employees, Federal, State, local, and tribal
officials, governmental and nongovernmental
emergency response providers, and law
enforcement personnel; and
(C) used to develop recommendations, as
appropriate, provided to over-the-road bus
operators and terminal owners and operators on
remedial action to be taken in response to
lessons learned;
(4) allows for proper advanced notification of
communities and local governments in which exercises
are held, as appropriate; and
(5) assists State, local, and tribal governments
and over-the-road bus operators and terminal owners and
operators in designing, implementing, and evaluating
additional exercises that conform to the requirements
of paragraph (2).
(d) National Exercise Program.--The Secretary shall ensure
that the exercise program developed under subsection (c) is
consistent with 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).
SEC. 1534. OVER-THE-ROAD BUS SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall develop and issue
regulations for an over-the-road bus training program to
prepare over-the-road bus frontline employees for potential
security threats and conditions. The regulations shall take
into consideration any current security training requirements
or best practices.
(b) Consultation.--The Secretary shall develop regulations
under subsection (a) in consultation with--
(1) appropriate law enforcement, fire service,
emergency response, security, and terrorism experts;
(2) operators providing over-the-road bus
transportation; and
(3) nonprofit employee labor organizations
representing over-the-road bus employees and emergency
response personnel.
(c) Program Elements.--The regulations developed under
subsection (a) shall require security training programs, to
include, at a minimum, elements to address the following, as
applicable:
(1) Determination of the seriousness of any
occurrence or threat.
(2) Driver and passenger communication and
coordination.
(3) Appropriate responses to defend or protect
oneself.
(4) Use of personal and other protective equipment.
(5) Evacuation procedures for passengers and over-
the-road bus employees, including individuals with
disabilities and the elderly.
(6) Psychology, behavior, and methods of
terrorists, including observation and analysis.
(7) Training related to psychological responses to
terrorist incidents, including the ability to cope with
hijacker behavior and passenger responses.
(8) Live situational training exercises regarding
various threat conditions, including tunnel evacuation
procedures.
(9) Recognition and reporting of dangerous
substances, suspicious packages, and situations.
(10) Understanding security incident procedures,
including procedures for communicating with emergency
response providers and for on-scene interaction with
such emergency response providers.
(11) Operation and maintenance of security
equipment and systems.
(12) Other security training activities that the
Secretary considers appropriate.
(d) Required Programs.--
(1) Development and submission to secretary.--Not
later than 90 days after the Secretary issues the
regulations under subsection (a), each over-the-road
bus operator shall develop a security training program
in accordance with such regulations and submit the
program to the Secretary for approval.
(2) Approval.--Not later than 60 days after
receiving a security training program under this
subsection, the Secretary shall approve the program or
require the over-the-road bus operator that developed
the program to make any revisions to the program that
the Secretary considers necessary for the program to
meet the requirements of the regulations. An over-the-
road bus operator shall respond to the Secretary's
comments not later than 30 days after receiving them.
(3) Training.--Not later than 1 year after the
Secretary approves a security training program in
accordance with this subsection, the over-the-road bus
operator that developed the program shall complete the
training of all over-the-road bus frontline employees
who were hired by the operator more than 30 days
preceding such date. For such employees employed less
than 30 days by an operator preceding such date,
training shall be completed within the first 60 days of
employment.
(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 over-the-road bus operator shall revise
its training program accordingly and provide additional
training as necessary to its employees within a
reasonable time after the regulations are updated.
(e) 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).
(f) Reporting Requirements.--Not later than 2 years after
the date of regulation issuance, the Secretary shall review
implementation of the training program of a representative
sample of over-the-road bus operators and over-the-road bus
frontline employees, and report to the appropriate
congressional committees of such reviews. The Secretary may
submit the report in both classified and redacted formats as
necessary.
SEC. 1535. OVER-THE-ROAD BUS SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary, acting through the Under Secretary for Science and
Technology and the Administrator of the Transportation Security
Administration, shall carry out a research and development
program for the purpose of improving the security of over-the-
road buses.
(b) Eligible Projects.--The research and development
program may include projects--
(1) to reduce the vulnerability of over-the-road
buses, stations, terminals, and equipment to explosives
and hazardous chemical, biological, and radioactive
substances, including the development of technology to
screen passengers in large numbers with minimal
interference and disruption;
(2) to test new emergency response and recovery
techniques and technologies, including those used at
international borders;
(3) to develop improved technologies, including
those for--
(A) emergency response training, including
training in a tunnel environment, if
appropriate; and
(B) security and redundancy for critical
communications, electrical power, computer, and
over-the-road bus control systems; and
(4) to address other vulnerabilities and risks
identified by the Secretary.
(c) Coordination With Other Research Initiatives.--The
Secretary--
(1) shall ensure that the research and development
program is consistent with the other transportation
security research and development programs required by
this Act;
(2) shall, to the extent practicable, coordinate
the research and development activities of the
Department with other ongoing research and development
security-related initiatives, including research being
conducted by--
(A) the Department of Transportation,
including University Transportation Centers and
other institutes, centers, and simulators
funded by the Department of Transportation;
(B) the National Academy of Sciences;
(C) the Technical Support Working Group;
(D) other Federal departments and agencies;
and
(E) other Federal and private research
laboratories, research entities, and
institutions of higher education, including
Historically Black Colleges and Universities,
Hispanic Serving Institutions, and Indian
Tribally Controlled Colleges and Universities;
(3) shall carry out any research and development
project authorized by this section through a
reimbursable agreement with an appropriate Federal
agency, if the agency--
(A) is currently sponsoring a research and
development project in a similar area; or
(B) has a unique facility or capability
that would be useful in carrying out the
project;
(4) may award grants and enter into cooperative
agreements, contracts, other transactions, or
reimbursable agreements to the entities described in
paragraph (2) and eligible recipients under section
1532; and
(5) shall make reasonable efforts to enter into
memoranda of understanding, contracts, grants,
cooperative agreements, or other transactions with
private operators providing over-the-road bus
transportation willing to contribute assets, physical
space, and other resources.
(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.
(2) Privacy impact assessments.--In accordance with
sections 222 and 705 of the Homeland Security Act of
2002, 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 that the Secretary determines could
have an impact on privacy, civil rights, or civil
liberties.
(e) Authorization of Appropriations.--
(1) In general.--From the amounts appropriated
pursuant to section 114(w) of title 49, United States
Code, as amended by section 1503 of this Act, there
shall be made available to the Secretary to carry out
this section--
(A) $2,000,000 for fiscal year 2008;
(B) $2,000,000 for fiscal year 2009;
(C) $2,000,000 for fiscal year 2010; and
(D) $2,000,000 for fiscal year 2011.
(2) Period of availability.--Such sums shall remain
available until expended.
SEC. 1536. MOTOR CARRIER EMPLOYEE PROTECTIONS.
Section 31105 of title 49, United States Code, is amended
to read:
``(a) Prohibitions.--(1) A person may not discharge an
employee, or discipline or discriminate against an employee
regarding pay, terms, or privileges of employment, because--
``(A)(i) the employee, or another person at the
employee's request, has filed a complaint or begun a
proceeding related to a violation of a commercial motor
vehicle safety or security regulation, standard, or
order, or has testified or will testify in such a
proceeding; or
``(ii) the person perceives that the employee has
filed or is about to file a complaint or has begun or
is about to begin a proceeding related to a violation
of a commercial motor vehicle safety or security
regulation, standard, or order;
``(B) the employee refuses to operate a vehicle
because--
``(i) the operation violates a regulation,
standard, or order of the United States related
to commercial motor vehicle safety, health, or
security; or
``(ii) the employee has a reasonable
apprehension of serious injury to the employee
or the public because of the vehicle's
hazardous safety or security condition;
``(C) the employee accurately reports hours on duty
pursuant to chapter 315;
``(D) the employee cooperates, or the person
perceives that the employee is about 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
``(E) the employee furnishes, or the person
perceives that the employee is or is about 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 commercial motor vehicle
transportation.
``(2) Under paragraph (1)(B)(ii) of this subsection, an
employee's apprehension of serious injury is reasonable only if
a reasonable individual in the circumstances then confronting
the employee would conclude that the hazardous safety or
security condition establishes a real danger of accident,
injury, or serious impairment to health. To qualify for
protection, the employee must have sought from the employer,
and been unable to obtain, correction of the hazardous safety
or security condition.
``(b) Filing Complaints and Procedures.--(1) An employee
alleging discharge, discipline, or discrimination in violation
of subsection (a) of this section, or another person at the
employee's request, may file a complaint with the Secretary of
Labor not later than 180 days after the alleged violation
occurred. All complaints initiated under this section shall be
governed by the legal burdens of proof set forth in section
42121(b). On receiving the complaint, the Secretary of Labor
shall notify, in writing, the person alleged to have committed
the violation of the filing of the complaint.
``(2)(A) Not later than 60 days after receiving a
complaint, the Secretary of Labor shall conduct an
investigation, decide whether it is reasonable to believe the
complaint has merit, and notify, in writing, the complainant
and the person alleged to have committed the violation of the
findings. If the Secretary of Labor decides it is reasonable to
believe a violation occurred, the Secretary of Labor shall
include with the decision findings and a preliminary order for
the relief provided under paragraph (3) of this subsection.
``(B) Not later than 30 days after the notice under
subparagraph (A) of this paragraph, the complainant and the
person alleged to have committed the violation may file
objections to the findings or preliminary order, or both, and
request a hearing on the record. The filing of objections does
not stay a reinstatement ordered in the preliminary order. If a
hearing is not requested within the 30 days, the preliminary
order is final and not subject to judicial review.
``(C) A hearing shall be conducted expeditiously. Not later
than 120 days after the end of the hearing, the Secretary of
Labor shall issue a final order. Before the final order is
issued, the proceeding may be ended by a settlement agreement
made by the Secretary of Labor, the complainant, and the person
alleged to have committed the violation.
``(3)(A) If the Secretary of Labor decides, on the basis of
a complaint, a person violated subsection (a) of this section,
the Secretary of Labor shall order the person to--
``(i) take affirmative action to abate the
violation;
``(ii) reinstate the complainant to the
former position with the same pay and terms and
privileges of employment; and
``(iii) pay compensatory damages, including
backpay with interest and compensation for any
special damages sustained as a result of the
discrimination, including litigation costs,
expert witness fees, and reasonable attorney
fees.
``(B) If the Secretary of Labor issues an order under
subparagraph (A) of this paragraph and the complainant
requests, the Secretary of Labor may assess against the person
against whom the order is issued the costs (including attorney
fees) reasonably incurred by the complainant in bringing the
complaint. The Secretary of Labor shall determine the costs
that reasonably were incurred.
``(C) Relief in any action under subsection (b) may include
punitive damages in an amount not to exceed $250,000.
``(c) 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.
``(d) Judicial Review and Venue.--A person adversely
affected by an order issued after a hearing under subsection
(b) of this section may file a petition for review, not later
than 60 days after the order is issued, in the court of appeals
of the United States for the circuit in which the violation
occurred or the person resided on the date of the violation.
Review shall conform to chapter 7 of title 5. The review shall
be heard and decided expeditiously. An order of the Secretary
of Labor subject to review under this subsection is not subject
to judicial review in a criminal or other civil proceeding.
``(e) Civil Actions To Enforce.--If a person fails to
comply with an order issued under subsection (b) of this
section, the Secretary of Labor shall bring a civil action to
enforce the order in the district court of the United States
for the judicial district in which the violation occurred.
``(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 deemed 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 about
an alleged violation of this part, or a regulation
prescribed or order issued under any of those
provisions.
``(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 of
Homeland Security shall establish through regulations,
after an opportunity for notice and comment, a process
by which any person may report to the Secretary of
Homeland Security regarding motor carrier vehicle
security problems, deficiencies, or vulnerabilities.
``(2) Acknowledgment of receipt.--If a report
submitted under paragraph (1) identifies the person
making the report, the Secretary of Homeland Security
shall respond promptly to such person and acknowledge
receipt of the report.
``(3) Steps to address problem.--The Secretary of
Homeland Security 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.
``(j) Definition.--In this section, `employee' means a
driver of a commercial motor vehicle (including an independent
contractor when personally operating a commercial motor
vehicle), a mechanic, a freight handler, or an individual not
an employer, who--
``(1) directly affects commercial motor vehicle
safety or security in the course of employment by a
commercial motor carrier; and
``(2) is not an employee of the United States
Government, a State, or a political subdivision of a
State acting in the course of employment.''.
SEC. 1537. UNIFIED CARRIER REGISTRATION SYSTEM AGREEMENT.
(a) Reenactment of SSRS.--Section 14504 of title 49, United
States Code, as that section was in effect on December 31,
2006, shall be in effect as a law of the United States for the
period beginning on January 1, 2007, ending on the earlier of
January 1, 2008, or the effective date of the final regulations
issued pursuant to subsection (b).
(b) Deadline for Final Regulations.--Not later than October
1, 2007, the Federal Motor Carrier Safety Administration shall
issue final regulations to establish the Unified Carrier
Registration System, as required by section 13908 of title 49,
United States Code, and set fees for the unified carrier
registration agreement for calendar year 2007 or subsequent
calendar years to be charged to motor carriers, motor private
carriers, and freight forwarders under such agreement, as
required by 14504a of title 49, United States Code.
(c) Repeal of SSRS.--Section 4305(a) of the Safe,
Accountable, Flexible Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1764) is amended by striking ``the
first January'' and all that follows through ``this Act'' and
inserting ``January 1, 2008''.
SEC. 1538. SCHOOL BUS TRANSPORTATION SECURITY.
(a) School Bus Security Risk Assessment.--Not later than 1
year after the date of enactment of this Act, the Secretary
shall transmit to the appropriate congressional committees a
report, including a classified report, as appropriate,
containing a comprehensive assessment of the risk of a
terrorist attack on the Nation's school bus transportation
system in accordance with the requirements of this section.
(b) Contents of Risk Assessment.--The assessment shall
include--
(1) an assessment of security risks to the Nation's
school bus transportation system, including publicly
and privately operated systems;
(2) an assessment of actions already taken by
operators or others to address identified security
risks; and
(3) an assessment of whether additional actions and
investments are necessary to improve the security of
passengers traveling on school buses and a list of such
actions or investments, if appropriate.
(c) Consultation.--In conducting the risk assessment, the
Secretary shall consult with administrators and officials of
school systems, representatives of the school bus industry,
including both publicly and privately operated systems, public
safety and law enforcement officials, and nonprofit employee
labor organizations representing school bus drivers.
SEC. 1539. TECHNICAL AMENDMENT.
Section 1992(d)(7) of title 18, United States Code, is
amended by inserting ``intercity bus transportation'' after
``includes''.
SEC. 1540. TRUCK SECURITY ASSESSMENT.
(a) Definition.--For the purposes of this section, the term
``truck'' means any self-propelled or towed motor vehicle used
on a highway in interstate commerce to transport property when
the vehicle--
(1) has a gross vehicle weight rating or gross
combination weight rating, or gross vehicle weight or
gross combination weight, of 4,536 kg (10,001 pounds)
or more, whichever is greater; or
(2) is used in transporting material found by the
Secretary of Transportation to be hazardous under
section 5103 of title 49, United States Code, and
transported in a quantity requiring placarding under
regulations prescribed by the Secretary under subtitle
B, chapter I, subchapter C of title 49, Code of Federal
Regulations.
(b) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in coordination with the
Secretary of Transportation, shall transmit a report to the
appropriate congressional committees on truck security issues
that includes--
(1) a security risk assessment of the trucking
industry;
(2) an assessment of actions already taken by both
public and private entities to address identified
security risks;
(3) an assessment of the economic impact that
security upgrades of trucks, truck equipment, or truck
facilities may have on the trucking industry and its
employees, including independent owner-operators;
(4) an assessment of ongoing research by public and
private entities and the need for additional research
on truck security;
(5) an assessment of industry best practices to
enhance security; and
(6) an assessment of the current status of secure
truck parking.
(c) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
SEC. 1541. MEMORANDUM OF UNDERSTANDING ANNEX.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation and the Secretary shall
execute and develop an annex to the Memorandum of Understanding
between the two departments signed on September 28, 2004,
governing the specific roles, delineations of responsibilities,
resources, and commitments of the Department of Transportation
and the Department of Homeland Security, respectively, in
addressing motor carrier transportation security matters,
including over-the-road bus security matters, and shall cover
the processes the Departments will follow to promote
communications, efficiency, and nonduplication of effort.
SEC. 1542. DHS INSPECTOR GENERAL REPORT ON TRUCKING SECURITY GRANT
PROGRAM.
(a) Initial Report.--Not later than 90 days after the date
of enactment of this Act, the Inspector General of the
Department of Homeland Security shall submit a report to the
appropriate congressional committees on the Federal trucking
industry security grant program, for fiscal years 2004 and 2005
that--
(1) addresses the grant announcement, application,
receipt, review, award, monitoring, and closeout
processes; and
(2) states the amount obligated or expended under
the program for fiscal years 2004 and 2005 for--
(A) infrastructure protection;
(B) training;
(C) equipment;
(D) educational materials;
(E) program administration;
(F) marketing; and
(G) other functions.
(b) Subsequent Report.--Not later than 1 year after the
date of enactment of this Act, the Inspector General of the
Department of Homeland Security shall submit a report to the
appropriate congressional committees that--
(1) analyzes the performance, efficiency, and
effectiveness of the Federal trucking industry security
grant program, and the need for the program using all
years of available data; and
(2) makes recommendations regarding the future of
the program, including options to improve the
effectiveness and utility of the program and motor
carrier security.
Subtitle D--Hazardous Material and Pipeline Security
SEC. 1551. RAILROAD ROUTING OF SECURITY-SENSITIVE MATERIALS.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary, shall publish a final rule
based on the Pipeline and Hazardous Materials Safety
Administration's Notice of Proposed Rulemaking published on
December 21, 2006, entitled ``Hazardous Materials: Enhancing
Railroad Transportation Safety and Security for Hazardous
Materials Shipments''. The final rule shall incorporate the
requirements of this section and, as appropriate, public
comments received during the comment period of the rulemaking.
(b) Security-Sensitive Materials Commodity Data.--The
Secretary of Transportation shall ensure that the final rule
requires each railroad carrier transporting security-sensitive
materials in commerce to, no later than 90 days after the end
of each calendar year, compile security-sensitive materials
commodity data. Such data must be collected by route, line
segment, or series of line segments, as aggregated by the
railroad carrier. Within the railroad carrier selected route,
the commodity data must identify the geographic location of the
route and the total number of shipments by the United Nations
identification number for the security-sensitive materials.
(c) Railroad Transportation Route Analysis for Security-
Sensitive Materials.--The Secretary of Transportation shall
ensure that the final rule requires each railroad carrier
transporting security-sensitive materials in commerce to, for
each calendar year, provide a written analysis of the safety
and security risks for the transportation routes identified in
the security-sensitive materials commodity data collected as
required by subsection (b). The safety and security risks
present shall be analyzed for the route, railroad facilities,
railroad storage facilities, and high-consequence targets along
or in proximity to the route.
(d) Alternative Route Analysis for Security-Sensitive
Materials.--The Secretary of Transportation shall ensure that
the final rule requires each railroad carrier transporting
security-sensitive materials in commerce to--
(1) for each calendar year--
(A) identify practicable alternative routes
over which the railroad carrier has authority
to operate as compared to the current route for
such a shipment analyzed under subsection (c);
and
(B) perform a safety and security risk
assessment of the alternative route for
comparison to the route analysis specified in
subsection (c);
(2) ensure that the analysis under paragraph (1)
includes--
(A) identification of safety and security
risks for an alternative route;
(B) comparison of those risks identified
under subparagraph (A) to the primary railroad
transportation route, including the risk of a
catastrophic release from a shipment traveling
along the alternate route compared to the
primary route;
(C) any remediation or mitigation measures
implemented on the primary or alternative
route; and
(D) potential economic effects of using an
alternative route; and
(3) consider when determining the practicable
alternative routes under paragraph (1)(A) the use of
interchange agreements with other railroad carriers.
(e) Alternative Route Selection for Security-Sensitive
Materials.--The Secretary of Transportation shall ensure that
the final rule requires each railroad carrier transporting
security-sensitive materials in commerce to use the analysis
required by subsections (c) and (d) to select the safest and
most secure route to be used in transporting security-sensitive
materials.
(f) Review.--The Secretary of Transportation shall ensure
that the final rule requires each railroad carrier transporting
security-sensitive materials in commerce to annually review and
select the practicable route posing the least overall safety
and security risk in accordance with this section. The railroad
carrier must retain in writing all route review and selection
decision documentation and restrict the distribution,
disclosure, and availability of information contained in the
route analysis to appropriate persons. This documentation
should include, but is not limited to, comparative analyses,
charts, graphics, or railroad system maps.
(g) Retrospective Analysis.--The Secretary of
Transportation shall ensure that the final rule requires each
railroad carrier transporting security-sensitive materials in
commerce to, not less than once every 3 years, analyze the
route selection determinations required under this section.
Such an analysis shall include a comprehensive, systemwide
review of all operational changes, infrastructure
modifications, traffic adjustments, changes in the nature of
high-consequence targets located along or in proximity to the
route, or other changes affecting the safety and security of
the movements of security-sensitive materials that were
implemented since the previous analysis was completed.
(h) Consultation.--In carrying out subsection (c), railroad
carriers transporting security-sensitive materials in commerce
shall seek relevant information from State, local, and tribal
officials, as appropriate, regarding security risks to high-
consequence targets along or in proximity to a route used by a
railroad carrier to transport security-sensitive materials.
(i) Definitions.--In this section:
(1) The term ``route'' includes storage facilities
and trackage used by railroad cars in transportation in
commerce.
(2) The term ``high-consequence target'' means a
property, natural resource, location, area, or other
target designated by the Secretary that is a viable
terrorist target of national significance, which may
include a facility or specific critical infrastructure,
the attack of which by railroad could result in--
(A) catastrophic loss of life;
(B) significant damage to national security
or defense capabilities; or
(C) national economic harm.
SEC. 1552. RAILROAD SECURITY-SENSITIVE MATERIAL TRACKING.
(a) Communications.--
(1) In general.--In conjunction with the research
and development program established under section 1518
and consistent with the results of research relating to
wireless and other tracking technologies, the
Secretary, in consultation with the Administrator of
the Transportation Security Administration, shall
develop a program that will encourage the equipping of
railroad cars transporting security-sensitive
materials, as defined in section 1501, with technology
that provides--
(A) car position location and tracking
capabilities; and
(B) notification of railroad car
depressurization, breach, unsafe temperature,
or release of hazardous materials, as
appropriate.
(2) Coordination.--In developing the program
required by paragraph (1), the Secretary shall--
(A) consult with the Secretary of
Transportation to coordinate the program with
any ongoing or planned efforts for railroad car
tracking at the Department of Transportation;
and
(B) ensure that the program is consistent
with recommendations and findings of the
Department of Homeland Security's hazardous
material railroad tank car tracking pilot
programs.
(b) Funding.--From the amounts appropriated pursuant to
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--
(1) $3,000,000 for fiscal year 2008;
(2) $3,000,000 for fiscal year 2009; and
(3) $3,000,000 for fiscal year 2010.
SEC. 1553. HAZARDOUS MATERIALS HIGHWAY ROUTING.
(a) Route Plan Guidance.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Transportation,
in consultation with the Secretary, shall--
(1) document existing and proposed routes for the
transportation of radioactive and nonradioactive
hazardous materials by motor carrier, and develop a
framework for using a geographic information system-
based approach to characterize routes in the national
hazardous materials route registry;
(2) assess and characterize existing and proposed
routes for the transportation of radioactive and
nonradioactive hazardous materials by motor carrier for
the purpose of identifying measurable criteria for
selecting routes based on safety and security concerns;
(3) analyze current route-related hazardous
materials regulations in the United States, Canada, and
Mexico to identify cross-border differences and
conflicting regulations;
(4) document the safety and security concerns of
the public, motor carriers, and State, local,
territorial, and tribal governments about the highway
routing of hazardous materials;
(5) prepare guidance materials for State officials
to assist them in identifying and reducing both safety
concerns and security risks when designating highway
routes for hazardous materials consistent with the 13
safety-based nonradioactive materials routing criteria
and radioactive materials routing criteria in subpart C
part 397 of title 49, Code of Federal Regulations;
(6) develop a tool that will enable State officials
to examine potential routes for the highway
transportation of hazardous materials, assess specific
security risks associated with each route, and explore
alternative mitigation measures; and
(7) transmit to the appropriate congressional
committees a report on the actions taken to fulfill
paragraphs (1) through (6) and any recommended changes
to the routing requirements for the highway
transportation of hazardous materials in part 397 of
title 49, Code of Federal Regulations.
(b) Route Plans.--
(1) Assessment.--Not later than 1 year after the
date of enactment of this Act, the Secretary of
Transportation shall complete an assessment of the
safety and national security benefits achieved under
existing requirements for route plans, in written or
electronic format, for explosives and radioactive
materials. The assessment shall, at a minimum--
(A) compare the percentage of Department of
Transportation recordable incidents and the
severity of such incidents for shipments of
explosives and radioactive materials for which
such route plans are required with the
percentage of recordable incidents and the
severity of such incidents for shipments of
explosives and radioactive materials not
subject to such route plans; and
(B) quantify the security and safety
benefits, feasibility, and costs of requiring
each motor carrier that is required to have a
hazardous material safety permit under part 385
of title 49, Code of Federal Regulations, to
maintain, follow, and carry such a route plan
that meets the requirements of section 397.101
of that title when transporting the type and
quantity of hazardous materials described in
section 385.403, taking into account the
various segments of the motor carrier industry,
including tank truck, truckload and less than
truckload carriers.
(2) Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary of
Transportation shall submit a report to the appropriate
congressional committees containing the findings and
conclusions of the assessment.
(c) Requirement.--The Secretary shall require motor
carriers that have a hazardous material safety permit under
part 385 of title 49, Code of Federal Regulations, to maintain,
follow, and carry a route plan, in written or electronic
format, that meets the requirements of section 397.101 of that
title when transporting the type and quantity of hazardous
materials described in section 385.403 if the Secretary
determines, under the assessment required in subsection (b),
that such a requirement would enhance security and safety
without imposing unreasonable costs or burdens upon motor
carriers.
SEC. 1554. MOTOR CARRIER SECURITY-SENSITIVE MATERIAL TRACKING.
(a) Communications.--
(1) In general.--Not later than 6 months after the
date of enactment of this Act, consistent with the
findings of the Transportation Security
Administration's hazardous materials truck security
pilot program, the Secretary, through the Administrator
of the Transportation Security Administration and in
consultation with the Secretary of Transportation,
shall develop a program to facilitate the tracking of
motor carrier shipments of security-sensitive materials
and to equip vehicles used in such shipments with
technology that provides--
(A) frequent or continuous communications;
(B) vehicle position location and tracking
capabilities; and
(C) a feature that allows a driver of such
vehicles to broadcast an emergency distress
signal.
(2) Considerations.--In developing the program
required by paragraph (1), the Secretary shall--
(A) consult with the Secretary of
Transportation to coordinate the program with
any ongoing or planned efforts for motor
carrier or security-sensitive materials
tracking at the Department of Transportation;
(B) take into consideration the
recommendations and findings of the report on
the hazardous material safety and security
operational field test released by the Federal
Motor Carrier Safety Administration on November
11, 2004; and
(C) evaluate--
(i) any new information related to
the costs and benefits of deploying,
equipping, and utilizing tracking
technology, including portable tracking
technology, for motor carriers
transporting security-sensitive
materials not included in the hazardous
material safety and security
operational field test report released
by the Federal Motor Carrier Safety
Administration on November 11, 2004;
(ii) the ability of tracking
technology to resist tampering and
disabling;
(iii) the capability of tracking
technology to collect, display, and
store information regarding the
movement of shipments of security-
sensitive materials by commercial motor
vehicles;
(iv) the appropriate range of
contact intervals between the tracking
technology and a commercial motor
vehicle transporting security-sensitive
materials;
(v) technology that allows the
installation by a motor carrier of
concealed electronic devices on
commercial motor vehicles that can be
activated by law enforcement
authorities to disable the vehicle or
alert emergency response resources to
locate and recover security-sensitive
materials in the event of loss or theft
of such materials;
(vi) whether installation of the
technology described in clause (v)
should be incorporated into the program
under paragraph (1);
(vii) the costs, benefits, and
practicality of such technology
described in clause (v) in the context
of the overall benefit to national
security, including commerce in
transportation; and
(viii) other systems and
information the Secretary determines
appropriate.
(b) Funding.--From the amounts appropriated pursuant to
section 114(w) of title 49, United States Code, as amended by
section 1503 of this Act, there shall be made available to the
Secretary to carry out this section--
(1) $7,000,000 for fiscal year 2008 of which
$3,000,000 may be used for equipment;
(2) $7,000,000 for fiscal year 2009 of which
$3,000,000 may be used for equipment; and
(3) $7,000,000 for fiscal year 2010 of which
$3,000,000 may be used for equipment.
(c) Report.--Not later than 1 year after the issuance of
regulations under subsection (a), the Secretary shall issue a
report to the appropriate congressional committees on the
program developed and evaluation carried out under this
section.
(d) Limitation.--The Secretary may not mandate the
installation or utilization of a technology described under
this section without additional congressional authority
provided after the date of enactment of this Act.
SEC. 1555. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND STUDY.
(a) In General.--The Secretary of Transportation shall
consult with the Secretary to limit, to the extent practicable,
duplicative reviews of the hazardous materials security plans
required under part 172, title 49, Code of Federal Regulations.
(b) Transportation Costs Study.--Within 1 year after the
date of enactment of this Act, the Secretary of Transportation,
in conjunction with the Secretary, shall study to what extent
the insurance, security, and safety costs borne by railroad
carriers, motor carriers, pipeline carriers, air carriers, and
maritime carriers associated with the transportation of
hazardous materials are reflected in the rates paid by offerors
of such commodities as compared to the costs and rates,
respectively, for the transportation of nonhazardous materials.
SEC. 1556. TECHNICAL CORRECTIONS.
(a) Correction.--Section 5103a of title 49, United States
Code, is amended--
(1) in subsection (a)(1) by striking ``Secretary''
and inserting ``Secretary of Homeland Security'';
(2) in subsection (b) by striking ``Secretary''
each place it appears and inserting ``Secretary of
Transportation'';
(3) in subsection (d)(1)(B) by striking
``Secretary'' and inserting ``Secretary of Homeland
Security''; and
(4) in subsection (e) by striking ``Secretary'' and
inserting ``Secretary of Homeland Security'' each place
it appears.
(b) Relationship to Transportation Security Cards.--
(1) Background check.--An individual who has a
valid transportation employee identification card
issued by the Secretary under section 70105 of title
46, United States Code, shall be deemed to have met the
background records check required under section 5103a
of title 49, United States Code.
(2) State review.--Nothing in this subsection
prevents or preempts a State from conducting a criminal
records check of an individual that has applied for a
license to operate a motor vehicle transporting in
commerce a hazardous material.
SEC. 1557. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, consistent with the Annex to the
Memorandum of Understanding executed on August 9, 2006, between
the Department of Transportation and the Department, the
Secretary, in consultation with the Secretary of
Transportation, shall establish a program for reviewing
pipeline operator adoption of recommendations of the September
5, 2002, Department of Transportation Research and Special
Programs Administration's Pipeline Security Information
Circular, including the review of pipeline security plans and
critical facility inspections.
(b) Review and Inspection.--Not later than 12 months after
the date of enactment of this Act, the Secretary and the
Secretary of Transportation shall develop and implement a plan
for reviewing the pipeline security plans and an inspection of
the critical facilities of the 100 most critical pipeline
operators covered by the September 5, 2002, circular, where
such facilities have not been inspected for security purposes
since September 5, 2002, by either the Department or the
Department of Transportation.
(c) Compliance Review Methodology.--In reviewing pipeline
operator compliance under subsections (a) and (b), risk
assessment methodologies shall be used to prioritize risks and
to target inspection and enforcement actions to the highest
risk pipeline assets.
(d) Regulations.--Not later than 18 months after the date
of enactment of this Act, the Secretary and the Secretary of
Transportation shall develop and transmit to pipeline operators
security recommendations for natural gas and hazardous liquid
pipelines and pipeline facilities. If the Secretary determines
that regulations are appropriate, the Secretary shall consult
with the Secretary of Transportation on the extent of risk and
appropriate mitigation measures, and the Secretary or the
Secretary of Transportation, consistent with the Annex to the
Memorandum of Understanding executed on August 9, 2006, shall
promulgate such regulations and carry out necessary inspection
and enforcement actions. Any regulations shall incorporate the
guidance provided to pipeline operators by the September 5,
2002, Department of Transportation Research and Special
Programs Administration's Pipeline Security Information
Circular and contain additional requirements as necessary based
upon the results of the inspections performed under subsection
(b). The regulations shall include the imposition of civil
penalties for noncompliance.
(e) Funding.--From the amounts appropriated pursuant to
section 114(w) of title 49, United States Code, as amended by
section 1503 of this Act, there shall be made available to the
Secretary to carry out this section--
(1) $2,000,000 for fiscal year 2008;
(2) $2,000,000 for fiscal year 2009; and
(3) $2,000,000 for fiscal year 2010.
SEC. 1558. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.
(a) In General.--The Secretary, in consultation with the
Secretary of Transportation and the Administrator of the
Pipeline and Hazardous Materials Safety Administration, and in
accordance with the Annex to the Memorandum of Understanding
executed on August 9, 2006, the National Strategy for
Transportation Security, and Homeland Security Presidential
Directive 7, shall develop a pipeline security and incident
recovery protocols plan. The plan shall include--
(1) for the Government to provide increased
security support to the most critical interstate and
intrastate natural gas and hazardous liquid
transmission pipeline infrastructure and operations as
determined under section 1557 when--
(A) under severe security threat levels of
alert; or
(B) under specific security threat
information relating to such pipeline
infrastructure or operations exists; and
(2) an incident recovery protocol plan, developed
in conjunction with interstate and intrastate
transmission and distribution pipeline operators and
terminals and facilities operators connected to
pipelines, to develop protocols to ensure the continued
transportation of natural gas and hazardous liquids to
essential markets and for essential public health or
national defense uses in the event of an incident
affecting the interstate and intrastate natural gas and
hazardous liquid transmission and distribution pipeline
system, which shall include protocols for restoring
essential services supporting pipelines and granting
access to pipeline operators for pipeline
infrastructure repair, replacement, or bypass following
an incident.
(b) Existing Private and Public Sector Efforts.--The plan
shall take into account actions taken or planned by both
private and public entities to address identified pipeline
security issues and assess the effective integration of such
actions.
(c) Consultation.--In developing the plan under subsection
(a), the Secretary shall consult with the Secretary of
Transportation, interstate and intrastate transmission and
distribution pipeline operators, nonprofit employee
organizations representing pipeline employees, emergency
responders, offerors, State pipeline safety agencies, public
safety officials, and other relevant parties.
(d) Report.--
(1) Contents.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall
transmit to the appropriate congressional committees a
report containing the plan required by subsection (a),
including an estimate of the private and public sector
costs to implement any recommendations.
(2) Format.--The Secretary may submit the report in
both classified and redacted formats if the Secretary
determines that such action is appropriate or
necessary.
TITLE XVI--AVIATION
SEC. 1601. AIRPORT CHECKPOINT SCREENING FUND.
Section 44940 of title 49, United States Code, is amended--
(1) in subsection (d)(4) by inserting ``, other
than subsection (i),'' before ``except to''; and
(2) by adding at the end the following:
``(i) Checkpoint Screening Security Fund.--
``(1) Establishment.--There is established in the
Department of Homeland Security a fund to be known as
the `Checkpoint Screening Security Fund'.
``(2) Deposits.--In fiscal year 2008, after amounts
are made available under section 44923(h), the next
$250,000,000 derived from fees received under
subsection (a)(1) shall be available to be deposited in
the Fund.
``(3) Fees.--The Secretary of Homeland Security
shall impose the fee authorized by subsection (a)(1) so
as to collect at least $250,000,000 in fiscal year 2008
for deposit into the Fund.
``(4) Availability of amounts.--Amounts in the Fund
shall be available until expended by the Administrator
of the Transportation Security Administration for the
purchase, deployment, installation, research, and
development of equipment to improve the ability of
security screening personnel at screening checkpoints
to detect explosives.''.
SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
(a) In General.--Section 44901 of title 49, United States
Code, is amended--
(1) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
(2) by inserting after subsection (f) the
following:
``(g) Air Cargo on Passenger Aircraft.--
``(1) In general.--Not later than 3 years after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Secretary of
Homeland Security shall establish a system to screen
100 percent of cargo transported on passenger aircraft
operated by an air carrier or foreign air carrier in
air transportation or intrastate air transportation to
ensure the security of all such passenger aircraft
carrying cargo.
``(2) Minimum standards.--The system referred to in
paragraph (1) shall require, at a minimum, that
equipment, technology, procedures, personnel, or other
methods approved by the Administrator of the
Transportation Security Administration, are used to
screen cargo carried on passenger aircraft described in
paragraph (1) to provide a level of security
commensurate with the level of security for the
screening of passenger checked baggage as follows:
``(A) 50 percent of such cargo is so
screened not later than 18 months after the
date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of
2007.
``(B) 100 percent of such cargo is so
screened not later than 3 years after such date
of enactment.
``(3) Regulations.--
``(A) Interim final rule.--The Secretary of
Homeland Security may issue an interim final
rule as a temporary regulation to implement
this subsection without regard to the
provisions of chapter 5 of title 5.
``(B) Final rule.--
``(i) In general.--If the Secretary
issues an interim final rule under
subparagraph (A), the Secretary shall
issue, not later than one year after
the effective date of the interim final
rule, a final rule as a permanent
regulation to implement this subsection
in accordance with the provisions of
chapter 5 of title 5.
``(ii) Failure to act.--If the
Secretary does not issue a final rule
in accordance with clause (i) on or
before the last day of the one-year
period referred to in clause (i), the
Secretary shall submit to the Committee
on Homeland Security of the House of
Representatives, Committee on Commerce,
Science, and Transportation of the
Senate, and the Committee on Homeland
Security and Governmental Affairs of
the Senate a report explaining why the
final rule was not timely issued and
providing an estimate of the earliest
date on which the final rule will be
issued. The Secretary shall submit the
first such report within 10 days after
such last day and submit a report to
the Committees containing updated
information every 30 days thereafter
until the final rule is issued.
``(iii) Superceding of interim
final rule.--The final rule issued in
accordance with this subparagraph shall
supersede the interim final rule issued
under subparagraph (A).
``(4) Report.--Not later than 1 year after the date
of establishment of the system under paragraph (1), the
Secretary shall submit to the Committees referred to in
paragraph (3)(B)(ii) a report that describes the
system.
``(5) Screening defined.--In this subsection the
term `screening' means a physical examination or non-
intrusive methods of assessing whether cargo poses a
threat to transportation security. Methods of screening
include x-ray systems, explosives detection systems,
explosives trace detection, explosives detection canine
teams certified by the Transportation Security
Administration, or a physical search together with
manifest verification. The Administrator may approve
additional methods to ensure that the cargo does not
pose a threat to transportation security and to assist
in meeting the requirements of this subsection. Such
additional cargo screening methods shall not include
solely performing a review of information about the
contents of cargo or verifying the identity of a
shipper of the cargo that is not performed in
conjunction with other security methods authorized
under this subsection, including whether a known
shipper is registered in the known shipper database.
Such additional cargo screening methods may include a
program to certify the security methods used by
shippers pursuant to paragraphs (1) and (2) and
alternative screening methods pursuant to exemptions
referred to in subsection (b) of section 1602 of the
Implementing Recommendations of the 9/11 Commission Act
of 2007.''.
(b) Assessment of Exemptions.--
(1) TSA assessment.--
(A) In general.--Not later than 120 days
after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to
the appropriate committees of Congress and to
the Comptroller General a report containing an
assessment of each exemption granted under
section 44901(i)(1) of title 49, United States
Code, for the screening required by such
section for cargo transported on passenger
aircraft and an analysis to assess the risk of
maintaining such exemption.
(B) Contents.--The report under
subparagraph (A) shall include--
(i) the rationale for each
exemption;
(ii) what percentage of cargo is
not screened in accordance with section
44901(g) of title 49, United States
Code;
(iii) the impact of each exemption
on aviation security;
(iv) the projected impact on the
flow of commerce of eliminating each
exemption, respectively, should the
Secretary choose to take such action;
and
(v) plans and rationale for
maintaining, changing, or eliminating
each exemption.
(C) Format.--The Secretary may submit the
report under subparagraph (A) in both
classified and redacted formats if the
Secretary determines that such action is
appropriate or necessary.
(2) GAO assessment.--Not later than 120 days after
the date on which the report under paragraph (1) is
submitted, the Comptroller General shall review the
report and submit to the Committee on Homeland Security
of the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate,
and the Committee on Homeland Security and Governmental
Affairs of the Senate an assessment of the methodology
of determinations made by the Secretary for
maintaining, changing, or eliminating an exemption
under section 44901(i)(1) of title 49, United States
Code.
SEC. 1603. IN-LINE BAGGAGE SCREENING.
(a) Extension of Authorization.--Section 44923(i)(1) of
title 49, United States Code, is amended by striking ``2007.''
and inserting ``2007, and $450,000,000 for each of fiscal years
2008 through 2011''.
(b) Submission of Cost-Sharing Study and Plan.--Not later
than 60 days after the date of enactment of this Act, the
Secretary for Homeland Security shall submit to the appropriate
congressional committees the cost sharing study described in
section 4019(d) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (118 Stat. 3722), together with the
Secretary's analysis of the study, a list of provisions of the
study the Secretary intends to implement, and a plan and
schedule for implementation of such listed provisions.
SEC. 1604. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.
(a) In General.--Section 44923 of title 49, United States
Code, is amended--
(1) in subsection (a) by striking ``may make'' and
inserting ``shall make'';
(2) in subsection (d)(1) by striking ``may'' and
inserting ``shall'';
(3) in subsection (h)(1) by striking ``2007'' and
inserting ``2028'';
(4) in subsection (h) by striking paragraphs (2)
and (3) and inserting the following:
``(2) Allocation.--Of the amount made available
under paragraph (1) for a fiscal year, not less than
$200,000,000 shall be allocated to fulfill letters of
intent issued under subsection (d).
``(3) Discretionary grants.--Of the amount made
available under paragraph (1) for a fiscal year, up to
$50,000,000 shall be used to make discretionary grants,
including other transaction agreements for airport
security improvement projects, with priority given to
small hub airports and nonhub airports.'';
(5) by redesignating subsection (i) as subsection
(j); and
(6) by inserting after subsection (h) the
following:
``(i) Leveraged Funding.--For purposes of this section, a
grant under subsection (a) to an airport sponsor to service an
obligation issued by or on behalf of that sponsor to fund a
project described in subsection (a) shall be considered to be a
grant for that project.''.
(b) Prioritization of Projects.--
(1) In general.--The Administrator of the
Transportation Security Administration shall establish
a prioritization schedule for airport security
improvement projects described in section 44923 of
title 49, United States Code, based on risk and other
relevant factors, to be funded under that section. The
schedule shall include both hub airports referred to in
paragraphs (29), (31), and (42) of section 40102 of
such title and nonhub airports (as defined in section
47102(13) of such title).
(2) Airports that have incurred eligible costs.--
The schedule shall include airports that have incurred
eligible costs associated with development of partial
or completed in-line baggage systems before the date of
enactment of this Act in reasonable anticipation of
receiving a grant under section 44923 of title 49,
United States Code, in reimbursement of those costs but
that have not received such a grant.
(3) Report.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall
provide a copy of the prioritization schedule, a
corresponding timeline, and a description of the
funding allocation under section 44923 of title 49,
United States Code, to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Homeland Security of the House of
Representatives.
SEC. 1605. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED PASSENGER
PRESCREENING SYSTEM.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Administrator of the Transportation
Security Administration, shall submit to the Committee on
Homeland Security of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Homeland Security and Governmental
Affairs of the Senate a plan that--
(1) describes the system to be utilized by the
Department of Homeland Security to assume the
performance of comparing passenger information, as
defined by the Administrator, to the automatic selectee
and no-fly lists, utilizing appropriate records in the
consolidated and integrated terrorist watchlist
maintained by the Federal Government;
(2) provides a projected timeline for each phase of
testing and implementation of the system;
(3) explains how the system will be integrated with
the prescreening system for passengers on international
flights; and
(4) describes how the system complies with section
552a of title 5, United States Code.
(b) GAO Assessment.--Not later than 180 days after the date
of enactment of this Act, the Comptroller General shall submit
a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland
Security of the House of Representatives that--
(1) describes the progress made by the
Transportation Security Administration in implementing
the secure flight passenger pre-screening program;
(2) describes the effectiveness of the current
appeals process for passengers wrongly assigned to the
no-fly and terrorist watch lists;
(3) describes the Transportation Security
Administration's plan to protect private passenger
information and progress made in integrating the system
with the pre-screening program for international
flights operated by United States Customs and Border
Protection;
(4) provides a realistic determination of when the
system will be completed; and
(5) includes any other relevant observations or
recommendations the Comptroller General deems
appropriate.
SEC. 1606. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR
PROHIBITED FROM BOARDING A FLIGHT.
(a) In General.--Subchapter I of chapter 449 of title 49,
United States Code is amended by adding at the end the
following:
``Sec. 44926. Appeal and redress process for passengers wrongly delayed
or prohibited from boarding a flight
``(a) In General.--The Secretary of Homeland Security shall
establish a timely and fair process for individuals who believe
they have been delayed or prohibited from boarding a commercial
aircraft because they were wrongly identified as a threat under
the regimes utilized by the Transportation Security
Administration, United States Customs and Border Protection, or
any other office or component of the Department of Homeland
Security.
``(b) Office of Appeals and Redress.--
``(1) Establishment.--The Secretary shall establish
in the Department an Office of Appeals and Redress to
implement, coordinate, and execute the process
established by the Secretary pursuant to subsection
(a). The Office shall include representatives from the
Transportation Security Administration, United States
Customs and Border Protection, and such other offices
and components of the Department as the Secretary
determines appropriate.
``(2) Records.--The process established by the
Secretary pursuant to subsection (a) shall include the
establishment of a method by which the Office, under
the direction of the Secretary, will be able to
maintain a record of air carrier passengers and other
individuals who have been misidentified and have
corrected erroneous information.
``(3) Information.--To prevent repeated delays of
an misidentified passenger or other individual, the
Office shall--
``(A) ensure that the records maintained
under this subsection contain information
determined by the Secretary to authenticate the
identity of such a passenger or individual;
``(B) furnish to the Transportation
Security Administration, United States Customs
and Border Protection, or any other appropriate
office or component of the Department, upon
request, such information as may be necessary
to allow such office or component to assist air
carriers in improving their administration of
the advanced passenger prescreening system and
reduce the number of false positives; and
``(C) require air carriers and foreign air
carriers take action to identify passengers
determined, under the process established under
subsection (a), to have been wrongly
identified.
``(4) Handling of personally identifiable
information.--The Secretary, in conjunction with the
Chief Privacy Officer of the Department shall--
``(A) require that Federal employees of the
Department handling personally identifiable
information of passengers (in this paragraph
referred to as `PII') complete mandatory
privacy and security training prior to being
authorized to handle PII;
``(B) ensure that the records maintained
under this subsection are secured by
encryption, one-way hashing, other data
anonymization techniques, or such other
equivalent security technical protections as
the Secretary determines necessary;
``(C) limit the information collected from
misidentified passengers or other individuals
to the minimum amount necessary to resolve a
redress request;
``(D) require that the data generated under
this subsection shall be shared or transferred
via a secure data network, that has been
audited to ensure that the anti-hacking and
other security related software functions
properly and is updated as necessary;
``(E) ensure that any employee of the
Department receiving the data contained within
the records handles the information in
accordance with the section 552a of title 5,
United States Code, and the Federal Information
Security Management Act of 2002 (Public Law
107-296);
``(F) only retain the data for as long as
needed to assist the individual traveler in the
redress process; and
``(G) conduct and publish a privacy impact
assessment of the process described within this
subsection and transmit the assessment to the
Committee on Homeland Security of the House of
Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and
Committee on Homeland Security and Governmental
Affairs of the Senate.
``(5) Initiation of redress process at airports.--
The Office shall establish at each airport at which the
Department has a significant presence a process to
provide information to air carrier passengers to begin
the redress process established pursuant to subsection
(a).''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by inserting after the item relating to section 44925
the following:
``44926. Appeal and redress process for passengers wrongly delayed or
prohibited from boarding a flight.''.
SEC. 1607. STRENGTHENING EXPLOSIVES DETECTION AT PASSENGER SCREENING
CHECKPOINTS.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Administrator of the Transportation
Security Administration, shall issue the strategic plan the
Secretary was required by section 44925(b) of title 49, United
States Code, to have issued within 90 days after the date of
enactment of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458).
(b) Deployment.--Section 44925(b) of title 49, United
States Code, is amended by adding at the end the following:
``(3) Implementation.--The Secretary shall begin
implementation of the strategic plan within one year
after the date of enactment of this paragraph.''.
SEC. 1608. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPORTATION SECURITY
TECHNOLOGY.
Section 137(a) of the Aviation and Transportation Security
Act (49 U.S.C. 44912 note; 115 Stat. 637) is amended--
(1) by striking ``2002 through 2006'' and inserting
``2006 through 2011'';
(2) by striking ``aviation'' and inserting
``transportation''; and
(3) by striking ``2002 and 2003'' and inserting
``2006 through 2011''.
SEC. 1609. BLAST-RESISTANT CARGO CONTAINERS.
Section 44901 of title 49, United States Code, as amended
by section 1602, is further amended by adding at the end the
following:
``(j) Blast-Resistant Cargo Containers.--
``(1) In general.--Before January 1, 2008, the
Administrator of the Transportation Security
Administration shall--
``(A) evaluate the results of the blast-
resistant cargo container pilot program that
was initiated before the date of enactment of
this subsection; and
``(B) prepare and distribute through the
Aviation Security Advisory Committee to the
appropriate Committees of Congress and air
carriers a report on that evaluation which may
contain nonclassified and classified sections.
``(2) Acquisition, maintenance, and replacement.--
Upon completion and consistent with the results of the
evaluation that paragraph (1)(A) requires, the
Administrator shall--
``(A) develop and implement a program, as
the Administrator determines appropriate, to
acquire, maintain, and replace blast-resistant
cargo containers;
``(B) pay for the program; and
``(C) make available blast-resistant cargo
containers to air carriers pursuant to
paragraph (3).
``(3) Distribution to air carriers.--The
Administrator shall make available, beginning not later
than July 1, 2008, blast-resistant cargo containers to
air carriers for use on a risk managed basis as
determined by the Administrator.''.
SEC. 1610. PROTECTION OF PASSENGER PLANES FROM EXPLOSIVES.
(a) Technology Research and Pilot Projects.--
(1) Research and development.--The Secretary of
Homeland Security, in consultation with the
Administrator of the Transportation Security
Administration, shall expedite research and development
programs for technologies that can disrupt or prevent
an explosive device from being introduced onto a
passenger plane or from damaging a passenger plane
while in flight or on the ground. The research shall be
used in support of implementation of section 44901 of
title 49, United States Code.
(2) Pilot projects.--The Secretary, in conjunction
with the Secretary of Transportation, shall establish a
grant program to fund pilot projects--
(A) to deploy technologies described in
paragraph (1); and
(B) to test technologies to expedite the
recovery, development, and analysis of
information from aircraft accidents to
determine the cause of the accident, including
deployable flight deck and voice recorders and
remote location recording devices.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security for
fiscal year 2008 such sums as may be necessary to carry out
this section. Such sums shall remain available until expended.
SEC. 1611. SPECIALIZED TRAINING.
The Administrator of the Transportation Security
Administration shall provide advanced training to
transportation security officers for the development of
specialized security skills, including behavior observation and
analysis, explosives detection, and document examination, in
order to enhance the effectiveness of layered transportation
security measures.
SEC. 1612. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.
(a) In General.--Notwithstanding any provision of law, any
statutory limitation on the number of employees in the
Transportation Security Administration, before or after its
transfer to the Department of Homeland Security from the
Department of Transportation, does not apply after fiscal year
2007.
(b) Aviation Security.--Notwithstanding any provision of
law imposing a limitation on the recruiting or hiring of
personnel into the Transportation Security Administration to a
maximum number of permanent positions, the Secretary of
Homeland Security shall recruit and hire such personnel into
the Administration as may be necessary--
(1) to provide appropriate levels of aviation
security; and
(2) to accomplish that goal in such a manner that
the average aviation security-related delay experienced
by airline passengers is reduced to a level of less
than 10 minutes.
SEC. 1613. PILOT PROJECT TO TEST DIFFERENT TECHNOLOGIES AT AIRPORT EXIT
LANES.
(a) In General.--The Administrator of the Transportation
Security Administration shall conduct a pilot program at not
more than 2 airports to identify technologies to improve
security at airport exit lanes.
(b) Program Components.--In conducting the pilot program
under this section, the Administrator shall--
(1) utilize different technologies that protect the
integrity of the airport exit lanes from unauthorized
entry;
(2) work with airport officials to deploy such
technologies in multiple configurations at a selected
airport or airports at which some of the exits are not
colocated with a screening checkpoint; and
(3) ensure the level of security is at or above the
level of existing security at the airport or airports
where the pilot program is conducted.
(c) Reports.--
(1) Initial briefing.--Not later than 180 days
after the date of enactment of this Act, the
Administrator shall conduct a briefing to the
congressional committees set forth in paragraph (3)
that describes--
(A) the airport or airports selected to
participate in the pilot program;
(B) the technologies to be tested;
(C) the potential savings from implementing
the technologies at selected airport exits;
(D) the types of configurations expected to
be deployed at such airports; and
(E) the expected financial contribution
from each airport.
(2) Final report.--Not later than 18 months after
the technologies are deployed at the airports
participating in the pilot program, the Administrator
shall submit a final report to the congressional
committees set forth in paragraph (3) that describes--
(A) the changes in security procedures and
technologies deployed;
(B) the estimated cost savings at the
airport or airports that participated in the
pilot program; and
(C) the efficacy and staffing benefits of
the pilot program and its applicability to
other airports in the United States.
(3) Congressional committees.--The reports required
under this subsection shall be submitted to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Appropriations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Homeland Security of
the House of Representatives; and
(E) the Committee on Appropriations of the
House of Representatives.
(d) Use of Existing Funds.--This section shall be executed
using existing funds.
SEC. 1614. SECURITY CREDENTIALS FOR AIRLINE CREWS.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Transportation
Security Administration, after consultation with airline,
airport, and flight crew representatives, shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Homeland Security of
the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the status of the Administration's
efforts to institute a sterile area access system or method
that will enhance security by properly identifying authorized
airline flight deck and cabin crew members at screening
checkpoints and granting them expedited access through
screening checkpoints. The Administrator shall include in the
report recommendations on the feasibility of implementing the
system for the domestic aviation industry beginning one year
after the date on which the report is submitted.
(b) Beginning Implementation.--The Administrator shall
begin implementation of the system or method referred to in
subsection (a) not later than one year after the date on which
the Administrator submits the report under subsection (a).
SEC. 1615. LAW ENFORCEMENT OFFICER BIOMETRIC CREDENTIAL.
(a) In General.--Section 44903(h)(6) of title 49, United
States Code, is amended to read as follows:
``(6) Use of biometric technology for armed law
enforcement travel.--
``(A) In general.--Not later than 18 months
after the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of
2007, the Secretary of Homeland Security, in
consultation with the Attorney General, shall--
``(i) implement this section by
publication in the Federal Register;
and
``(ii) establish a national
registered armed law enforcement
program, that shall be federally
managed, for law enforcement officers
needing to be armed when traveling by
commercial aircraft.
``(B) Program requirements.--The program
shall--
``(i) establish a credential or a
system that incorporates biometric
technology and other applicable
technologies;
``(ii) establish a system for law
enforcement officers who need to be
armed when traveling by commercial
aircraft on a regular basis and for
those who need to be armed during
temporary travel assignments;
``(iii) comply with other uniform
credentialing initiatives, including
the Homeland Security Presidential
Directive 12;
``(iv) apply to all Federal, State,
local, tribal, and territorial
government law enforcement agencies;
and
``(v) establish a process by which
the travel credential or system may be
used to verify the identity, using
biometric technology, of a Federal,
State, local, tribal, or territorial
law enforcement officer seeking to
carry a weapon on board a commercial
aircraft, without unnecessarily
disclosing to the public that the
individual is a law enforcement
officer.
``(C) Procedures.--In establishing the
program, the Secretary shall develop
procedures--
``(i) to ensure that a law
enforcement officer of a Federal,
State, local, tribal, or territorial
government flying armed has a specific
reason for flying armed and the reason
is within the scope of the duties of
such officer;
``(ii) to preserve the anonymity of
the armed law enforcement officer;
``(iii) to resolve failures to
enroll, false matches, and false
nonmatches relating to the use of the
law enforcement travel credential or
system;
``(iv) to determine the method of
issuance of the biometric credential to
law enforcement officers needing to be
armed when traveling by commercial
aircraft;
``(v) to invalidate any law
enforcement travel credential or system
that is lost, stolen, or no longer
authorized for use;
``(vi) to coordinate the program
with the Federal Air Marshal Service,
including the force multiplier program
of the Service; and
``(vii) to implement a phased
approach to launching the program,
addressing the immediate needs of the
relevant Federal agent population
before expanding to other law
enforcement populations.''.
(b) Report.--
(1) In general.--Not later than 180 days after
implementing the national registered armed law
enforcement program required by section 44903(h)(6) of
title 49, United States Code, the Secretary of Homeland
Security shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Homeland Security of the House of
Representatives a report. If the Secretary has not
implemented the program within 180 days after the date
of enactment of this Act, the Secretary shall submit a
report to the Committees within 180 days explaining the
reasons for the failure to implement the program within
the time required by that section and a further report
within each successive 90-day period until the program
is implemented explaining the reasons for such further
delays in implementation until the program is
functioning.
(2) Classified format.--The Secretary may submit
each report required by this subsection in classified
format.
SEC. 1616. REPAIR STATION SECURITY.
(a) Certification of Foreign Repair Stations Suspension.--
If the regulations required by section 44924(f) of title 49,
United States Code, are not issued within one year after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration may not certify any foreign repair
station under part 145 of title 14, Code of Federal
Regulations, after such date unless the station was previously
certified, or is in the process of certification by the
Administration under that part.
(b) 6-Month Deadline for Security Review and Audit.--
Subsections (a) and (d) of section 44924 of title 49, United
States Code, is amended--
(1) in each of subsections (a) and (b) by striking
``18 months'' and inserting ``6 months''; and
(2) in subsection (d) by inserting ``(other than a
station that was previously certified, or is in the
process of certification, by the Administration under
this part)'' before ``until''.
SEC. 1617. GENERAL AVIATION SECURITY.
Section 44901 of title 49, United States Code, as amended
by sections 1602 and 1609, is further amended by adding at the
end the following:
``(k) General Aviation Airport Security Program.--
``(1) In general.--Not later than one year after
the date of enactment of this subsection, the
Administrator of the Transportation Security
Administration shall--
``(A) develop a standardized threat and
vulnerability assessment program for general
aviation airports (as defined in section
47134(m)); and
``(B) implement a program to perform such
assessments on a risk-managed basis at general
aviation airports.
``(2) Grant program.--Not later than 6 months after
the date of enactment of this subsection, the
Administrator shall initiate and complete a study of
the feasibility of a program, based on a risk-managed
approach, to provide grants to operators of general
aviation airports (as defined in section 47134(m)) for
projects to upgrade security at such airports. If the
Administrator determines that such a program is
feasible, the Administrator shall establish such a
program.
``(3) Application to general aviation aircraft.--
Not later than 180 days after the date of enactment of
this subsection, the Administrator shall develop a
risk-based system under which--
``(A) general aviation aircraft, as
identified by the Administrator, in
coordination with the Administrator of the
Federal Aviation Administration, are required
to submit passenger information and advance
notification requirements for United States
Customs and Border Protection before entering
United States airspace; and
``(B) such information is checked against
appropriate databases.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator of
the Transportation Security Administration such sums as
may be necessary to carry out paragraphs (2) and
(3).''.
SEC. 1618. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING.
Section 48301(a) of title 49, United States Code, is
amended by striking ``and 2006'' and inserting ``2007, 2008,
2009, 2010, and 2011''.
TITLE XVII--MARITIME CARGO
SEC. 1701. CONTAINER SCANNING AND SEALS.
(a) Container Scanning.--Section 232(b) of the SAFE Ports
Act (6 U.S.C. 982(b)) is amended to read as follows:
``(b) Full-Scale Implementation.--
``(1) In general.--A container that was loaded on a
vessel in a foreign port shall not enter the United
States (either directly or via a foreign port) unless
the container was scanned by nonintrusive imaging
equipment and radiation detection equipment at a
foreign port before it was loaded on a vessel.
``(2) Application.--Paragraph (1) shall apply with
respect to containers loaded on a vessel in a foreign
country on or after the earlier of--
``(A) July 1, 2012; or
``(B) such other date as may be established
by the Secretary under paragraph (3).
``(3) Establishment of earlier deadline.--The
Secretary shall establish a date under (2)(B) pursuant
to the lessons learned through the pilot integrated
scanning systems established under section 231.
``(4) Extensions.--The Secretary may extend the
date specified in paragraph (2)(A) or (2)(B) for 2
years, and may renew the extension in additional 2-year
increments, for containers loaded in a port or ports,
if the Secretary certifies to Congress that at least
two of the following conditions exist:
``(A) Systems to scan containers in
accordance with paragraph (1) are not available
for purchase and installation.
``(B) Systems to scan containers in
accordance with paragraph (1) do not have a
sufficiently low false alarm rate for use in
the supply chain.
``(C) Systems to scan containers in
accordance with paragraph (1) cannot be
purchased, deployed, or operated at ports
overseas, including, if applicable, because a
port does not have the physical characteristics
to install such a system.
``(D) Systems to scan containers in
accordance with paragraph (1) cannot be
integrated, as necessary, with existing
systems.
``(E) Use of systems that are available to
scan containers in accordance with paragraph
(1) will significantly impact trade capacity
and the flow of cargo.
``(F) Systems to scan containers in
accordance with paragraph (1) do not adequately
provide an automated notification of
questionable or high-risk cargo as a trigger
for further inspection by appropriately trained
personnel.
``(5) Exemption for military cargo.--
Notwithstanding any other provision in the section,
supplies bought by the Secretary of Defense and
transported in compliance section 2631 of title 10,
United States Code, and military cargo of foreign
countries are exempt from the requirements of this
section.
``(6) Report on extensions.--An extension under
paragraph (4) for a port or ports shall take effect
upon the expiration of the 60-day period beginning on
the date the Secretary provides a report to Congress
that--
``(A) states what container traffic will be
affected by the extension;
``(B) provides supporting evidence to
support the Secretary's certification of the
basis for the extension; and
``(C) explains what measures the Secretary
is taking to ensure that scanning can be
implemented as early as possible at the port or
ports that are the subject of the report.
``(7) Report on renewal of extension.--If an
extension under paragraph (4) takes effect, the
Secretary shall, after one year, submit a report to
Congress on whether the Secretary expects to seek to
renew the extension.
``(8) Scanning technology standards.--In
implementing paragraph (1), the Secretary shall--
``(A) establish technological and
operational standards for systems to scan
containers;
``(B) ensure that the standards are
consistent with the global nuclear detection
architecture developed under the Homeland
Security Act of 2002; and
``(C) coordinate with other Federal
agencies that administer scanning or detection
programs at foreign ports.
``(9) International trade and other obligations.--
In carrying out this subsection, the Secretary shall
consult with appropriate Federal departments and
agencies and private sector stakeholders, and ensure
that actions under this section do not violate
international trade obligations, and are consistent
with the World Customs Organization framework, or other
international obligations of the United States.''.
(b) Deadline for Container Security Standards and
Procedures.--Section 204(a)(4) of the SAFE Port Act (6 U.S.C.
944(a)(4)) is amended by--
(1) striking ``(1) Deadline for enforcement.--''
and inserting the following:
``(1) Deadline for enforcement.--
``(A) Enforcement of rule.--''; and
(2) adding at the end the following:
``(B) Interim requirement.--If the interim
final rule described in paragraph (2) is not
issued by April 1, 2008, then--
``(i) effective not later than
October 15, 2008, all containers in
transit to the United States shall be
required to meet the requirements of
International Organization for
Standardization Publicly Available
Specification 17712 standard for
sealing containers; and
``(ii) the requirements of this
subparagraph shall cease to be
effective upon the effective date of
the interim final rule issued pursuant
to this subsection.''.
TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM
SEC. 1801. FINDINGS.
The 9/11 Commission has made the following recommendations:
(1) Strengthen ``counter-proliferation'' efforts.--
The United States should work with the international
community to develop laws and an international legal
regime with universal jurisdiction to enable any state
in the world to capture, interdict, and prosecute
smugglers of nuclear material.
(2) Expand the proliferation security initiative.--
In carrying out the Proliferation Security Initiative,
the United States should--
(A) use intelligence and planning resources
of the North Atlantic Treaty Organization
(NATO) alliance;
(B) make participation open to non-NATO
countries; and
(C) encourage Russia and the People's
Republic of China to participate.
(3) Support the cooperative threat reduction
program.--The United States should expand, improve,
increase resources for, and otherwise fully support the
Cooperative Threat Reduction program.
SEC. 1802. DEFINITIONS.
In this title:
(1) The terms ``prevention of weapons of mass
destruction proliferation and terrorism'' and
``prevention of WMD proliferation and terrorism''
include activities under--
(A) the programs specified in section
1501(b) of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2731; 50 U.S.C. 2362 note);
(B) the programs for which appropriations
are authorized by section 3101(a)(2) of the Bob
Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2729);
(C) programs authorized by section 504 of
the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of
1992 (the FREEDOM Support Act) (22 U.S.C. 5854)
and programs authorized by section 1412 of the
Former Soviet Union Demilitarization Act of
1992 (22 U.S.C. 5902); and
(D) a program of any agency of the Federal
Government having a purpose similar to that of
any of the programs identified in subparagraphs
(A) through (C), as designated by the United
States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and
Terrorism and the head of the agency.
(2) The terms ``weapons of mass destruction'' and
``WMD'' mean chemical, biological, and nuclear weapons,
and chemical, biological, and nuclear materials used in
the manufacture of such weapons.
(3) The term ``items of proliferation concern''
means--
(A) equipment, materials, or technology
listed in--
(i) the Trigger List of the
Guidelines for Nuclear Transfers of the
Nuclear Suppliers Group;
(ii) the Annex of the Guidelines
for Transfers of Nuclear-Related Dual-
Use Equipment, Materials, Software, and
Related Technology of the Nuclear
Suppliers Group; or
(iii) any of the Common Control
Lists of the Australia Group; and
(B) any other sensitive items.
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.
Consistent with the recommendations of the 9/11 Commission,
Congress repeals or modifies the limitations on assistance for
prevention of weapons of mass destruction proliferation and
terrorism as follows:
(1) Soviet nuclear threat reduction act of 1991.--
Subsections (b) and (c) of section 211 of the Soviet
Nuclear Threat Reduction Act of 1991 (title II of
Public Law 102-228; 22 U.S.C. 2551 note) are repealed.
(2) Cooperative threat reduction act of 1993.--
Section 1203(d) of the Cooperative Threat Reduction Act
of 1993 (title XII of Public Law 103-160; 22 U.S.C.
5952(d)) is repealed.
(3) Russian chemical weapons destruction
facilities.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 22 U.S.C. 5952 note) is repealed.
(4) Authority to use cooperative threat reduction
funds outside the former soviet union--modification of
certification requirement; congressional notice
requirement.--Section 1308 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 22 U.S.C. 5963) is amended--
(A) in subsection (a)--
(i) by striking ``the President
may'' and inserting ``the Secretary of
Defense may''; and
(ii) by striking ``if the
President'' and inserting ``if the
Secretary of Defense, with the
concurrence of the Secretary of
State,'';
(B) in subsection (d)(1)--
(i) by striking ``The President may
not'' and inserting ``The Secretary of
Defense may not''; and
(ii) by striking ``until the
President'' and inserting ``until the
Secretary of Defense, with the
concurrence of the Secretary of
State,'';
(C) in subsection (d)(2)--
(i) by striking ``Not later than 10
days after'' and inserting ``Not later
than 15 days prior to'';
(ii) by striking ``the President
shall'' and inserting ``the Secretary
of Defense shall''; and
(iii) by striking ``Congress'' and
inserting ``the Committee on Armed
Services and the Committee on Foreign
Affairs of the House of Representatives
and the Committee on Armed Services and
the Committee on Foreign Relations of
the Senate''; and
(D) in subsection (d) by adding at the end
the following:
``(3) In the case of a situation that threatens human life
or safety or where a delay would severely undermine the
national security of the United States, notification under
paragraph (2) shall be made not later than 10 days after
obligating funds under the authority in subsection (a) for a
project or activity.''.
Subtitle B--Proliferation Security Initiative
SEC. 1821. PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS AND
AUTHORITIES.
(a) Sense of Congress.--It is the sense of Congress,
consistent with the 9/11 Commission's recommendations, that the
President should strive to expand and strengthen the
Proliferation Security Initiative (in this subtitle referred to
as ``PSI'') announced by the President on May 31, 2003, with a
particular emphasis on the following:
(1) Issuing a presidential directive to the
relevant United States Government agencies and
departments that directs such agencies and departments
to--
(A) establish clear PSI authorities,
responsibilities, and structures;
(B) include in the budget request for each
such agency or department for each fiscal year,
a request for funds necessary for United States
PSI-related activities; and
(C) provide other necessary resources to
achieve more efficient and effective
performance of United States PSI-related
activities.
(2) Increasing PSI cooperation with all countries.
(3) Implementing the recommendations of the
Government Accountability Office (GAO) in the September
2006 report titled ``Better Controls Needed to Plan and
Manage Proliferation Security Initiative Activities''
(GAO-06-937C) regarding the following:
(A) The Department of Defense and the
Department of State should establish clear PSI
roles and responsibilities, policies and
procedures, interagency communication
mechanisms, documentation requirements, and
indicators to measure program results.
(B) The Department of Defense and the
Department of State should develop a strategy
to work with PSI-participating countries to
resolve issues that are impediments to
conducting successful PSI interdictions.
(4) Establishing a multilateral mechanism to
increase coordination, cooperation, and compliance
among PSI-participating countries.
(b) Budget Submission.--
(1) In general.--Each fiscal year in which
activities are planned to be carried out under the PSI,
the President shall include in the budget request for
each participating United States Government agency or
department for that fiscal year, a description of the
funding and the activities for which the funding is
requested for each such agency or department.
(2) Report.--Not later than the first Monday in
February of each year in which the President submits a
budget request described in paragraph (1), the
Secretary of Defense and the Secretary of State shall
submit to Congress a comprehensive joint report setting
forth the following:
(A) A three-year plan, beginning with the
fiscal year for the budget request, that
specifies the amount of funding and other
resources to be provided by the United States
for PSI-related activities over the term of the
plan, including the purposes for which such
funding and resources will be used.
(B) For the report submitted in 2008, a
description of the PSI-related activities
carried out during the three fiscal years
preceding the year of the report, and for the
report submitted in 2009 and each year
thereafter, a description of the PSI-related
activities carried out during the fiscal year
preceding the year of the report. The
description shall include, for each fiscal year
covered by the report--
(i) the amounts obligated and
expended for such activities and the
purposes for which such amounts were
obligated and expended;
(ii) a description of the
participation of each department or
agency of the United States Government
in such activities;
(iii) a description of the
participation of each foreign country
or entity in such activities;
(iv) a description of any
assistance provided to a foreign
country or entity participating in such
activities in order to secure such
participation, in response to such
participation, or in order to improve
the quality of such participation; and
(v) such other information as the
Secretary of Defense and the Secretary
of State determine should be included
to keep Congress fully informed of the
operation and activities of the PSI.
(3) Classification.--The report required by
paragraph (2) shall be in an unclassified form but may
include a classified annex as necessary.
(c) Implementation Report.--Not later than 180 days after
the date of the enactment of this Act, the President shall
transmit to the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate a report on the implementation of this
section. The report shall include--
(1) the steps taken to implement the
recommendations described in paragraph (3) of
subsection (a); and
(2) the progress made toward implementing the
matters described in paragraphs (1), (2), and (4) of
subsection (a).
(d) GAO Reports.--The Government Accountability Office
shall submit to Congress, for each of fiscal years 2007, 2009,
and 2011, a report with its assessment of the progress and
effectiveness of the PSI, which shall include an assessment of
the measures referred to in subsection (a).
SEC. 1822. AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE COUNTRIES.
(a) In General.--The President is authorized to provide
assistance under subsection (b) to any country that cooperates
with the United States and with other countries allied with the
United States to prevent the transport and transshipment of
items of proliferation concern in its national territory or
airspace or in vessels under its control or registry.
(b) Types of Assistance.--The assistance authorized under
subsection (a) consists of the following:
(1) Assistance under section 23 of the Arms Export
Control Act (22 U.S.C. 2763).
(2) Assistance under chapters 4 (22 U.S.C. 2346 et
seq.) and 5 (22 U.S.C. 2347 et seq.) of part II of the
Foreign Assistance Act of 1961.
(3) Drawdown of defense excess defense articles and
services under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j).
(c) Congressional Notification.--Assistance authorized
under this section may not be provided until at least 30 days
after the date on which the President has provided notice
thereof to the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives and the Committee on Armed Services,
the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate, in accordance with the procedures
applicable to reprogramming notifications under section 634A(a)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1(a)),
and has certified to such committees that such assistance will
be used in accordance with the requirement of subsection (e) of
this section.
(d) Limitation.--Assistance may be provided to a country
under section (a) in no more than three fiscal years.
(e) Use of Assistance.--Assistance provided under this
section shall be used to enhance the capability of the
recipient country to prevent the transport and transshipment of
items of proliferation concern in its national territory or
airspace, or in vessels under its control or registry,
including through the development of a legal framework in that
country to enhance such capability by criminalizing
proliferation, enacting strict export controls, and securing
sensitive materials within its borders, and to enhance the
ability of the recipient country to cooperate in PSI
operations.
(f) Limitation on Ship or Aircraft Transfers.--
(1) Limitation.--Except as provided in paragraph
(2), the President may not transfer any excess defense
article that is a vessel or an aircraft to a country
that has not agreed, in connection with such transfer,
that it will support and assist efforts by the United
States, consistent with international law, to interdict
items of proliferation concern until thirty days after
the date on which the President has provided notice of
the proposed transfer to the committees described in
subsection (c) in accordance with the procedures
applicable to reprogramming notifications under section
634A(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1(a)), in addition to any other requirement
of law.
(2) Exception.--The limitation in paragraph (1)
shall not apply to any transfer, not involving
significant military equipment, in which the primary
use of the aircraft or vessel will be for
counternarcotics, counterterrorism, or
counterproliferation purposes.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of
Mass Destruction Proliferation and Terrorism
SEC. 1831. STATEMENT OF POLICY.
It shall be the policy of the United States, consistent
with the 9/11 Commission's recommendations, to eliminate any
obstacles to timely obligating and executing the full amount of
any appropriated funds for threat reduction and
nonproliferation programs in order to accelerate and strengthen
progress on preventing weapons of mass destruction (WMD)
proliferation and terrorism. Such policy shall be implemented
with concrete measures, such as those described in this title,
including the removal and modification of statutory limits to
executing funds, the expansion and strengthening of the
Proliferation Security Initiative, the establishment of the
Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism under
subtitle D, and the establishment of the Commission on the
Prevention of Weapons of Mass Destruction Proliferation and
Terrorism under subtitle E. As a result, Congress intends that
any funds authorized to be appropriated to programs for
preventing WMD proliferation and terrorism under this subtitle
will be executed in a timely manner.
SEC. 1832. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM.
(a) Fiscal Year 2008.--
(1) In general.--Subject to paragraph (2), there
are authorized to be appropriated to the Department of
Defense Cooperative Threat Reduction Program such sums
as may be necessary for fiscal year 2008 for the
following purposes:
(A) Chemical weapons destruction at
Shchuch'ye, Russia.
(B) Biological weapons proliferation
prevention.
(C) Acceleration, expansion, and
strengthening of Cooperative Threat Reduction
Program activities.
(2) Limitation.--The sums appropriated pursuant to
paragraph (1) may not exceed the amounts authorized to
be appropriated by any national defense authorization
Act for fiscal year 2008 (whether enacted before or
after the date of the enactment of this Act) to the
Department of Defense Cooperative Threat Reduction
Program for such purposes.
(b) Future Years.--It is the sense of Congress that in
fiscal year 2008 and future fiscal years, the President should
accelerate and expand funding for Cooperative Threat Reduction
programs administered by the Department of Defense and such
efforts should include, beginning upon enactment of this Act,
encouraging additional commitments by the Russian Federation
and other partner nations, as recommended by the 9/11
Commission.
SEC. 1833. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF ENERGY
PROGRAMS TO PREVENT WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM.
(a) In General.--Subject to subsection (b), there are
authorized to be appropriated to Department of Energy National
Nuclear Security Administration Defense Nuclear
Nonproliferation such sums as may be necessary for fiscal year
2008 to accelerate, expand, and strengthen the following
programs to prevent weapons of mass destruction (WMD)
proliferation and terrorism:
(1) The Global Threat Reduction Initiative.
(2) The Nonproliferation and International Security
program.
(3) The International Materials Protection, Control
and Accounting program.
(4) The Nonproliferation and Verification Research
and Development program.
(b) Limitation.--The sums appropriated pursuant to
subsection (a) may not exceed the amounts authorized to be
appropriated by any national defense authorization Act for
fiscal year 2008 (whether enacted before or after the date of
the enactment of this Act) to Department of Energy National
Nuclear Security Administration Defense Nuclear
Nonproliferation for such purposes.
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.
(a) Establishment.--There is established within the
Executive Office of the President an office to be known as the
``Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism'' (in
this section referred to as the ``Office'').
(b) Officers.--
(1) United states coordinator.--The head of the
Office shall be the United States Coordinator for the
Prevention of Weapons of Mass Destruction Proliferation
and Terrorism (in this section referred to as the
``Coordinator'').
(2) Deputy united states coordinator.--There shall
be a Deputy United States Coordinator for the
Prevention of Weapons of Mass Destruction Proliferation
and Terrorism (in this section referred to as the
``Deputy Coordinator''), who shall--
(A) assist the Coordinator in carrying out
the responsibilities of the Coordinator under
this subtitle; and
(B) serve as Acting Coordinator in the
absence of the Coordinator and during any
vacancy in the office of Coordinator.
(3) Appointment.--The Coordinator and Deputy
Coordinator shall be appointed by the President, by and
with the advice and consent of the Senate, and shall be
responsible on a full-time basis for the duties and
responsibilities described in this section.
(4) Limitation.--No person shall serve as
Coordinator or Deputy Coordinator while serving in any
other position in the Federal Government.
(5) Access by congress.--The establishment of the
Office of the Coordinator within the Executive Office
of the President shall not be construed as affecting
access by the Congress or committees of either House
to--
(A) information, documents, and studies in
the possession of, or conducted by or at the
direction of, the Coordinator; or
(B) personnel of the Office of the
Coordinator.
(c) Duties.--The responsibilities of the Coordinator shall
include the following:
(1) Serving as the principal advisor to the
President on all matters relating to the prevention of
weapons of mass destruction (WMD) proliferation and
terrorism.
(2) Formulating a comprehensive and well-
coordinated United States strategy and policies for
preventing WMD proliferation and terrorism, including--
(A) measurable milestones and targets to
which departments and agencies can be held
accountable;
(B) identification of gaps, duplication,
and other inefficiencies in existing
activities, initiatives, and programs and the
steps necessary to overcome these obstacles;
(C) plans for preserving the nuclear
security investment the United States has made
in Russia, the former Soviet Union, and other
countries;
(D) prioritized plans to accelerate,
strengthen, and expand the scope of existing
initiatives and programs, which include
identification of vulnerable sites and material
and the corresponding actions necessary to
eliminate such vulnerabilities;
(E) new and innovative initiatives and
programs to address emerging challenges and
strengthen United States capabilities,
including programs to attract and retain top
scientists and engineers and strengthen the
capabilities of United States national
laboratories;
(F) plans to coordinate United States
activities, initiatives, and programs relating
to the prevention of WMD proliferation and
terrorism, including those of the Department of
Energy, the Department of Defense, the
Department of State, and the Department of
Homeland Security, and including the
Proliferation Security Initiative, the G-8
Global Partnership Against the Spread of
Weapons and Materials of Mass Destruction,
United Nations Security Council Resolution
1540, and the Global Initiative to Combat
Nuclear Terrorism;
(G) plans to strengthen United States
commitments to international regimes and
significantly improve cooperation with other
countries relating to the prevention of WMD
proliferation and terrorism, with particular
emphasis on work with the international
community to develop laws and an international
legal regime with universal jurisdiction to
enable any state in the world to interdict and
prosecute smugglers of WMD material, as
recommended by the 9/11 Commission; and
(H) identification of actions necessary to
implement the recommendations of the Commission
on the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism
established under subtitle E of this title.
(3) Leading inter-agency coordination of United
States efforts to implement the strategy and policies
described in this section.
(4) Conducting oversight and evaluation of
accelerated and strengthened implementation of
initiatives and programs to prevent WMD proliferation
and terrorism by relevant government departments and
agencies.
(5) Overseeing the development of a comprehensive
and coordinated budget for programs and initiatives to
prevent WMD proliferation and terrorism, ensuring that
such budget adequately reflects the priority of the
challenges and is effectively executed, and carrying
out other appropriate budgetary authorities.
(d) Staff.--The Coordinator may--
(1) appoint, employ, fix compensation, and
terminate such personnel as may be necessary to enable
the Coordinator to perform his or her duties under this
title;
(2) direct, with the concurrence of the Secretary
of a department or head of an agency, the temporary
reassignment within the Federal Government of personnel
employed by such department or agency, in order to
implement United States policy with regard to the
prevention of WMD proliferation and terrorism;
(3) use for administrative purposes, on a
reimbursable basis, the available services, equipment,
personnel, and facilities of Federal, State, and local
agencies;
(4) procure the services of experts and consultants
in accordance with section 3109 of title 5, United
States Code, relating to appointments in the Federal
Service, at rates of compensation for individuals not
to exceed the daily equivalent of the rate of pay
payable for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code; and
(5) use the mails in the same manner as any other
department or agency of the executive branch.
(e) Consultation With Commission.--The Office and the
Coordinator shall regularly consult with and strive to
implement the recommendations of the Commission on the
Prevention of Weapons of Mass Destruction Proliferation and
Terrorism, established under subtitle E of this title.
(f) Annual Report on Strategic Plan.--For fiscal year 2009
and each fiscal year thereafter, the Coordinator shall submit
to Congress, at the same time as the submission of the budget
for that fiscal year under title 31, United States Code, a
report on the strategy and policies developed pursuant to
subsection (c)(2), together with any recommendations of the
Coordinator for legislative changes that the Coordinator
considers appropriate with respect to such strategy and
policies and their implementation or the Office of the
Coordinator.
(g) Participation in National Security Council and Homeland
Security Council.--Section 101 of the National Security Act of
1947 (50 U.S.C. 402) is amended--
(1) by redesignating the last subsection (added as
``(i)'' by section 301 of Public Law 105-292) as
subsection (k); and
(2) by adding at the end the following:
``(l) Participation of Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism.--The
United States Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism (or, in the
Coordinator's absence, the Deputy United States Coordinator)
may, in the performance of the Coordinator's duty as principal
advisor to the President on all matters relating to the
prevention of weapons of mass destruction proliferation and
terrorism, and, subject to the direction of the President,
attend and participate in meetings of the National Security
Council and the Homeland Security Council.''.
SEC. 1842. SENSE OF CONGRESS ON UNITED STATES-RUSSIA COOPERATION AND
COORDINATION ON THE PREVENTION OF WEAPONS OF MASS
DESTRUCTION PROLIFERATION AND TERRORISM.
It is the sense of the Congress that, as soon as practical,
the President should engage the President of the Russian
Federation in a discussion of the purposes and goals for the
establishment of the Office of the United States Coordinator
for the Prevention of Weapons of Mass Destruction Proliferation
and Terrorism (in this section referred to as the ``Office''),
the authorities and responsibilities of the United States
Coordinator for the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism (in this section referred to as the
``United States Coordinator''), and the importance of strong
cooperation between the United States Coordinator and a senior
official of the Russian Federation having authorities and
responsibilities for preventing weapons of mass destruction
proliferation and terrorism commensurate with those of the
United States Coordinator, and with whom the United States
Coordinator should coordinate planning and implementation of
activities within and outside of the Russian Federation having
the purpose of preventing 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.
There is established the Commission on the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism (in
this subtitle referred to as the ``Commission'').
SEC. 1852. PURPOSES OF COMMISSION.
(a) In General.--The purposes of the Commission are to--
(1) assess current activities, initiatives, and
programs to prevent weapons of mass destruction
proliferation and terrorism; and
(2) provide a clear and comprehensive strategy and
concrete recommendations for such activities,
initiatives, and programs.
(b) In Particular.--The Commission shall give particular
attention to activities, initiatives, and programs to secure
all nuclear weapons-usable material around the world and to
significantly accelerate, expand, and strengthen, on an urgent
basis, United States and international efforts to prevent,
stop, and counter the spread of nuclear weapons capabilities
and related equipment, material, and technology to terrorists
and states of concern.
SEC. 1853. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 9
members, of whom--
(1) 1 member shall be appointed by the leader of
the Senate of the Democratic Party (majority or
minority leader, as the case may be), with the
concurrence of the leader of the House of
Representatives of the Democratic party (majority or
minority leader as the case may be), who shall serve as
chairman of the Commission;
(2) 2 members shall be appointed by the senior
member of the Senate leadership of the Democratic
party;
(3) 2 members shall be appointed by the senior
member of the Senate leadership of the Republican
party;
(4) 2 members shall be appointed by the senior
member of the leadership of the House of
Representatives of the Democratic party; and
(5) 2 members shall be appointed by the senior
member of the leadership of the House of
Representatives of the Republican party.
(b) Qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with significant depth of experience in
the nonproliferation or arms control fields.
(c) Deadline for Appointment.--All members of the
Commission shall be appointed within 90 days of the date of the
enactment of this Act.
(d) Initial Meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(e) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the chairman or a
majority of its members. Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
SEC. 1854. RESPONSIBILITIES OF COMMISSION.
(a) In General.--The Commission shall address--
(1) the roles, missions, and structure of all
relevant government departments, agencies, and other
actors, including the Office of the United States
Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism established
under subtitle D of this title;
(2) inter-agency coordination;
(3) United States commitments to international
regimes and cooperation with other countries; and
(4) the threat of weapons of mass destruction
proliferation and terrorism to the United States and
its interests and allies, including the threat posed by
black-market networks, and the effectiveness of the
responses by the United States and the international
community to such threats.
(b) Follow-on Baker-Cutler Report.--The Commission shall
also reassess, and where necessary update and expand on, the
conclusions and recommendations of the report titled ``A Report
Card on the Department of Energy's Nonproliferation Programs
with Russia'' of January 2001 (also known as the ``Baker-Cutler
Report'') and implementation of such recommendations.
SEC. 1855. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this subtitle,
hold such hearings and sit and act at such times and places,
take such testimony, receive such evidence, and administer such
oaths as the Commission or such designate subcommittee or
designated member may determine advisable.
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriations Acts, enter into
contracts to enable the Commission to discharge its duties
under this subtitle.
(c) Staff of Commission.--
(1) Appointment and compensation.--The chairman of
the Commission, in accordance with rules agreed upon by
the Commission, may appoint and fix the compensation of
a staff director and such other personnel as may be
necessary to enable the Commission 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) Personnel as federal employees.--
(A) In general.--The executive director and
any employees of the Commission shall be
employees under section 2105 of title 5, United
States Code, for purposes of chapters 63, 81,
83, 84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph
(A) shall not be construed to apply to members
of the Commission.
(3) Detailees.--Any Federal Government employee may
be detailed to the Commission without reimbursement
from the Commission, and such detailee shall retain the
rights, status, and privileges of his or her regular
employment without interruption.
(4) Consultant services.--The Commission may
procure the services of experts and consultants in
accordance with section 3109 of title 5, United States
Code, but at rates not to exceed the daily rate paid a
person occupying a position at level IV of the
Executive Schedule under section 5315 of title 5,
United States Code.
(5) Emphasis on security clearances.--Emphasis
shall be made to hire employees and retain contractors
and detailees with active security clearances.
(d) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to
secure directly from any executive department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality of the Government,
information, suggestions, estimates, and statistics for
the purposes of this subtitle. Each department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the
chairman of any subcommittee created by a majority of
the Commission, or any member designated by a majority
of the Commission.
(2) Receipt, handling, storage, and
dissemination.--Information shall only be received,
handled, stored, and disseminated by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The
Administrator of General Services shall provide to the
Commission on a reimbursable basis administrative
support and other services for the performance of the
Commission's functions.
(2) Other departments and agencies.--In addition to
the assistance prescribed in paragraph (1), departments
and agencies of the United States may provide to the
Commission such services, funds, facilities, staff, and
other support services as they may determine advisable
and as may be authorized by law.
(f) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(g) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the report required
under section 1857.
(c) Public Hearings.--Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.
SEC. 1857. REPORT.
Not later than 180 days after the appointment of the
Commission, the Commission shall submit to the President and
Congress a final report containing such findings, conclusions,
and recommendations for corrective measures as have been agreed
to by a majority of Commission members.
SEC. 1858. TERMINATION.
(a) In General.--The Commission, and all the authorities of
this subtitle, shall terminate 60 days after the date on which
the final report is submitted under section 1857.
