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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.
    (b) Administrative Activities Before Termination.--The 
Commission may use the 60-day period referred to in subsection 
(a) for the purpose of concluding its activities, including 
providing testimony to committees of Congress concerning its 
report and disseminating the final report.

SEC. 1859. FUNDING.

    (a) In General.--There are authorized to be appropriated 
such sums as may be necessary for the purposes of the 
activities of the Commission under this title.
    (b) Duration of Availability.--Amounts made available to 
the Commission under subsection (a) shall remain available 
until the termination of the Commission.

   TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

SEC. 1901. PROMOTING ANTITERRORISM CAPABILITIES THROUGH INTERNATIONAL 
                    COOPERATION.

    (a) Findings.--Congress finds the following:
            (1) The development and implementation of 
        technology is critical to combating terrorism and other 
        high consequence events and implementing a 
        comprehensive homeland security strategy.
            (2) The United States and its allies in the global 
        war on terrorism share a common interest in 
        facilitating research, development, testing, and 
        evaluation of equipment, capabilities, technologies, 
        and services that will aid in detecting, preventing, 
        responding to, recovering from, and mitigating against 
        acts of terrorism.
            (3) Certain United States allies in the global war 
        on terrorism, including Israel, the United Kingdom, 
        Canada, Australia, and Singapore have extensive 
        experience with, and technological expertise in, 
        homeland security.
            (4) The United States and certain of its allies in 
        the global war on terrorism have a history of 
        successful collaboration in developing mutually 
        beneficial equipment, capabilities, technologies, and 
        services in the areas of defense, agriculture, and 
        telecommunications.
            (5) The United States and its allies in the global 
        war on terrorism will mutually benefit from the sharing 
        of technological expertise to combat domestic and 
        international terrorism.
            (6) The establishment of an office to facilitate 
        and support cooperative endeavors between and among 
        government agencies, for-profit business entities, 
        academic institutions, and nonprofit entities of the 
        United States and its allies will safeguard lives and 
        property worldwide against acts of terrorism and other 
        high consequence events.
    (b) Promoting Antiterrorism Through International 
Cooperation Act.--
            (1) In general.--Title III of the Homeland Security 
        Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding 
        after section 316, as added by section 1101 of this 
        Act, the following:

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

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the 
        Director selected under subsection (b)(2).
            ``(2) International cooperative activity.--The term 
        `international cooperative activity' includes--
                    ``(A) coordinated research projects, joint 
                research projects, or joint ventures;
                    ``(B) joint studies or technical 
                demonstrations;
                    ``(C) coordinated field exercises, 
                scientific seminars, conferences, symposia, and 
                workshops;
                    ``(D) training of scientists and engineers;
                    ``(E) visits and exchanges of scientists, 
                engineers, or other appropriate personnel;
                    ``(F) exchanges or sharing of scientific 
                and technological information; and
                    ``(G) joint use of laboratory facilities 
                and equipment.
    ``(b) Science and Technology Homeland Security 
International Cooperative Programs Office.--
            ``(1) Establishment.--The Under Secretary shall 
        establish the Science and Technology Homeland Security 
        International Cooperative Programs Office.
            ``(2) Director.--The Office shall be headed by a 
        Director, who--
                    ``(A) shall be selected, in consultation 
                with the Assistant Secretary for International 
                Affairs, by and shall report to the Under 
                Secretary; and
                    ``(B) may be an officer of the Department 
                serving in another position.
            ``(3) Responsibilities.--
                    ``(A) Development of mechanisms.--The 
                Director shall be responsible for developing, 
                in coordination with the Department of State 
                and, as appropriate, the Department of Defense, 
                the Department of Energy, and other Federal 
                agencies, understandings and agreements to 
                allow and to support international cooperative 
                activity in support of homeland security.
                    ``(B) Priorities.--The Director shall be 
                responsible for developing, in coordination 
                with the Office of International Affairs and 
                other Federal agencies, strategic priorities 
                for international cooperative activity for the 
                Department in support of homeland security.
                    ``(C) Activities.--The Director shall 
                facilitate the planning, development, and 
                implementation of international cooperative 
                activity to address the strategic priorities 
                developed under subparagraph (B) through 
                mechanisms the Under Secretary considers 
                appropriate, including grants, cooperative 
                agreements, or contracts to or with foreign 
                public or private entities, governmental 
                organizations, businesses (including small 
                businesses and socially and economically 
                disadvantaged small businesses (as those terms 
                are defined in sections 3 and 8 of the Small 
                Business Act (15 U.S.C. 632 and 637), 
                respectively)), federally funded research and 
                development centers, and universities.
                    ``(D) Identification of partners.--The 
                Director shall facilitate the matching of 
                United States entities engaged in homeland 
                security research with non-United States 
                entities engaged in homeland security research 
                so that they may partner in homeland security 
                research activities.
            ``(4) Coordination.--The Director shall ensure that 
        the activities under this subsection are coordinated 
        with the Office of International Affairs and the 
        Department of State and, as appropriate, the Department 
        of Defense, the Department of Energy, and other 
        relevant Federal agencies or interagency bodies. The 
        Director may enter into joint activities with other 
        Federal agencies.
    ``(c) Matching Funding.--
            ``(1) In general.--
                    ``(A) Equitability.--The Director shall 
                ensure that funding and resources expended in 
                international cooperative activity will be 
                equitably matched by the foreign partner 
                government or other entity through direct 
                funding, funding of complementary activities, 
                or the provision of staff, facilities, 
                material, or equipment.
                    ``(B) Grant matching and repayment.--
                            ``(i) In general.--The Secretary 
                        may require a recipient of a grant 
                        under this section--
                                    ``(I) to make a matching 
                                contribution of not more than 
                                50 percent of the total cost of 
                                the proposed project for which 
                                the grant is awarded; and
                                    ``(II) to repay to the 
                                Secretary the amount of the 
                                grant (or a portion thereof), 
                                interest on such amount at an 
                                appropriate rate, and such 
                                charges for administration of 
                                the grant as the Secretary 
                                determines appropriate.
                            ``(ii) Maximum amount.--The 
                        Secretary may not require that 
                        repayment under clause (i)(II) be more 
                        than 150 percent of the amount of the 
                        grant, adjusted for inflation on the 
                        basis of the Consumer Price Index.
            ``(2) Foreign partners.--Partners may include 
        Israel, the United Kingdom, Canada, Australia, 
        Singapore, and other allies in the global war on 
        terrorism as determined to be appropriate by the 
        Secretary of Homeland Security and the Secretary of 
        State.
            ``(3) Loans of equipment.--The Director may make or 
        accept loans of equipment for research and development 
        and comparative testing purposes.
    ``(d) Foreign Reimbursements.--If the Science and 
Technology Homeland Security International Cooperative Programs 
Office participates in an international cooperative activity 
with a foreign partner on a cost-sharing basis, any 
reimbursements or contributions received from that foreign 
partner to meet its share of the project may be credited to 
appropriate current appropriations accounts of the Directorate 
of Science and Technology.
    ``(e) Report to Congress on International Cooperative 
Activities.--Not later than one year after the date of 
enactment of this section, and every 5 years thereafter, the 
Under Secretary, acting through the Director, shall submit to 
Congress a report containing--
            ``(1) a brief description of each grant, 
        cooperative agreement, or contract made or entered into 
        under subsection (b)(3)(C), including the participants, 
        goals, and amount and sources of funding; and
            ``(2) a list of international cooperative