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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1 Enrolled Bill (ENR)]

        H.R.1

                       One Hundred Tenth Congress

                                 of the

                        United States of America

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

                                 An Act

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

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

Sec. 1. Short title; table of contents.

                    TITLE I--HOMELAND SECURITY GRANTS

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

            TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

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

TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS

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

       TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

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

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

      Subtitle A--Homeland Security Information Sharing Enhancement

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

     Subtitle B--Homeland Security Information Sharing Partnerships

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

    Subtitle C--Interagency Threat Assessment and Coordination Group

Sec. 521. Interagency Threat Assessment and Coordination Group.

    Subtitle D--Homeland Security Intelligence Offices Reorganization

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

               Subtitle E--Authorization of Appropriations

Sec. 541. Authorization of appropriations.

            TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

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

      TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

                      Subtitle A--Terrorist Travel

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

                         Subtitle B--Visa Waiver

Sec. 711. Modernization of the visa waiver program.

         Subtitle C--Strengthening Terrorism Prevention Programs

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

                  Subtitle D--Miscellaneous Provisions

Sec. 731. Report regarding border security.

                 TITLE VIII--PRIVACY AND CIVIL LIBERTIES

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

                  TITLE IX--PRIVATE SECTOR PREPAREDNESS

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

           TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

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

     TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

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

   TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

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

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

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

                TITLE XIV--PUBLIC TRANSPORTATION SECURITY

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

                TITLE XV--SURFACE TRANSPORTATION SECURITY

                     Subtitle A--General Provisions

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

                      Subtitle B--Railroad Security

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

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

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

          Subtitle D--Hazardous Material and Pipeline Security

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

                           TITLE XVI--AVIATION

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

                       TITLE XVII--MARITIME CARGO

Sec. 1701. Container scanning and seals.

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

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

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

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

              Subtitle B--Proliferation Security Initiative

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

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

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

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

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

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

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

   TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

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

         TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

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

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

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

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

Sec. 2021. Middle East Foundation.

         Subtitle C--Reaffirming United States Moral Leadership

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

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

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

                 TITLE XXI--ADVANCING DEMOCRATIC VALUES

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

      Subtitle A--Activities to Enhance the Promotion of Democracy

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

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

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

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

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

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

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

            Subtitle E--Cooperation With Democratic Countries

Sec. 2151. Cooperation with democratic countries.

             Subtitle F--Funding for Promotion of Democracy

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

           TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

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

           TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION

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

                  TITLE XXIV--MISCELLANEOUS PROVISIONS

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

                   TITLE I--HOMELAND SECURITY GRANTS

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

                  ``TITLE XX--HOMELAND SECURITY GRANTS

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

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

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

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

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

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

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

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

        ``(4) Recreation.--Grants awarded under this subtitle may not 
    be used for recreational or social purposes.
    ``(c) Multiple-Purpose Funds.--Nothing in this subtitle shall be 
construed to prohibit State, local, or tribal governments from using 
grant funds under sections 2003 and 2004 in a manner that enhances 
preparedness for disasters unrelated to acts of terrorism, if such use 
assists such governments in achieving target capabilities related to 
preventing, preparing for, protecting against, or responding to acts of 
terrorism.
    ``(d) Reimbursement of Costs.--
        ``(1) Paid-on-call or volunteer reimbursement.--In addition to 
    the activities described in subsection (a), a grant under section 
    2003 or 2004 may be used to provide a reasonable stipend to paid-
    on-call or volunteer emergency response providers who are not 
    otherwise compensated for travel to or participation in training or 
    exercises related to the purposes of this subtitle. Any such 
    reimbursement shall not be considered compensation for purposes of 
    rendering an emergency response provider an employee under the Fair 
    Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
        ``(2) Performance of federal duty.--An applicant for a grant 
    under section 2003 or 2004 may petition the Administrator to use 
    the funds from its grants under those sections for the 
    reimbursement of the cost of any activity relating to preventing, 
    preparing for, protecting against, or responding to acts of 
    terrorism that is a Federal duty and usually performed by a Federal 
    agency, and that is being performed by a State or local government 
    under agreement with a Federal agency.
    ``(e) Flexibility in Unspent Homeland Security Grant Funds.--Upon 
request by the recipient of a grant under section 2003 or 2004, the 
Administrator may authorize the grant recipient to transfer all or part 
of the grant funds from uses specified in the grant agreement to other 
uses authorized under this section, if the Administrator determines 
that such transfer is in the interests of homeland security.
    ``(f) Equipment Standards.--If an applicant for a grant under 
section 2003 or 2004 proposes to upgrade or purchase, with assistance 
provided under that grant, new equipment or systems that do not meet or 
exceed any applicable national voluntary consensus standards developed 
under section 647 of the Post-Katrina Emergency Management Reform Act 
of 2006 (6 U.S.C. 747), the applicant shall include in its application 
an explanation of why such equipment or systems will serve the needs of 
the applicant better than equipment or systems that meet or exceed such 
standards.

                  ``Subtitle B--Grants Administration

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

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

                ``(ii) selected based on--

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

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

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

                ``(iii) Deadline.--For each year, the report required 
            under clause (i) shall be submitted not later than December 
            31.
            ``(E) Public availability on website.--The Inspector 
        General of the Department shall make each audit conducted under 
        subparagraph (A) available on the website of the Inspector 
        General, subject to redaction as the Inspector General 
        determines necessary to protect classified and other sensitive 
        information.
            ``(F) Provision of information to administrator.--The 
        Inspector General of the Department shall provide to the 
        Administrator any findings and recommendations from audits 
        conducted under subparagraph (A).
            ``(G) Evaluation of grants management and oversight.--Not 
        later than 1 year after the date of enactment of the 
        Implementing Recommendations of the 9/11 Commission Act of 
        2007, the Inspector General of the Department shall review and 
        evaluate the grants management and oversight practices of the 
        Federal Emergency Management Agency, including assessment of 
        and recommendations relating to--
                ``(i) the skills, resources, and capabilities of the 
            workforce; and
                ``(ii) any additional resources and staff necessary to 
            carry out such management and oversight.
            ``(H) Authorization of appropriations.--In addition to any 
        other amounts authorized to be appropriated to the Inspector 
        General of the Department, there are authorized to be 
        appropriated to the Inspector General of the Department for 
        audits under subparagraph (A)--
                ``(i) $8,500,000 for each of fiscal years 2008, 2009, 
            and 2010; and
                ``(ii) such sums as are necessary for fiscal year 2011, 
            and each fiscal year thereafter.
        ``(4) Performance assessment.--In order to ensure that States 
    and high-risk urban areas are using grants administered by the 
    Department appropriately to meet target capabilities and 
    preparedness priorities, the Administrator shall--
            ``(A) ensure that any such State or high-risk urban area 
        conducts or participates in exercises under section 648(b) of 
        the Post-Katrina Emergency Management Reform Act of 2006 (6 
        U.S.C. 748(b));
            ``(B) use performance metrics in accordance with the 
        comprehensive assessment system under section 649 of the Post-
        Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 749) 
        and ensure that any such State or high-risk urban area 
        regularly tests its progress against such metrics through the 
        exercises required under subparagraph (A);
            ``(C) use the remedial action management program under 
        section 650 of the Post-Katrina Emergency Management Reform Act 
        of 2006 (6 U.S.C. 750); and
            ``(D) ensure that each State receiving a grant administered 
        by the Department submits a report to the Administrator on its 
        level of preparedness, as required by section 652(c) of the 
        Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
        752(c)).
        ``(5) Consideration of assessments.--In conducting program 
    reviews and performance audits under paragraphs (2) and (3), the 
    Administrator and the Inspector General of the Department shall 
    take into account the performance assessment elements required 
    under paragraph (4).
        ``(6) Recovery audits.--The Administrator shall conduct a 
    recovery audit (as that term is defined by the Director of the 
    Office of Management and Budget under section 3561 of title 31, 
    United States Code) for any grant administered by the Department 
    with a total value of not less than $1,000,000, if the 
    Administrator finds that--
            ``(A) a financial audit has identified improper payments 
        that can be recouped; and
            ``(B) it is cost effective to conduct a recovery audit to 
        recapture the targeted funds.
        ``(7) Remedies for noncompliance.--
            ``(A) In general.--If, as a result of a review or audit 
        under this subsection or otherwise, the Administrator finds 
        that a recipient of a grant under this title has failed to 
        substantially comply with any provision of law or with any 
        regulations or guidelines of the Department regarding eligible 
        expenditures, the Administrator shall--
                ``(i) reduce the amount of payment of grant funds to 
            the recipient by an amount equal to the amount of grants 
            funds that were not properly expended by the recipient;
                ``(ii) limit the use of grant funds to programs, 
            projects, or activities not affected by the failure to 
            comply;
                ``(iii) refer the matter to the Inspector General of 
            the Department for further investigation;
                ``(iv) terminate any payment of grant funds to be made 
            to the recipient; or
                ``(v) take such other action as the Administrator 
            determines appropriate.
            ``(B) Duration of penalty.--The Administrator shall apply 
        an appropriate penalty under subparagraph (A) until such time 
        as the Administrator determines that the grant recipient is in 
        full compliance with the law and with applicable guidelines or 
        regulations of the Department.
    ``(b) Reports by Grant Recipients.--
        ``(1) Quarterly reports on homeland security spending.--
            ``(A) In general.--As a condition of receiving a grant 
        under section 2003 or 2004, a State, high-risk urban area, or 
        directly eligible tribe shall, not later than 30 days after the 
        end of each Federal fiscal quarter, submit to the Administrator 
        a report on activities performed using grant funds during that 
        fiscal quarter.
            ``(B) Contents.--Each report submitted under subparagraph 
        (A) shall at a minimum include, for the applicable State, high-
        risk urban area, or directly eligible tribe, and each 
        subgrantee thereof--
                ``(i) the amount obligated to that recipient under 
            section 2003 or 2004 in that quarter;
                ``(ii) the amount of funds received and expended under 
            section 2003 or 2004 by that recipient in that quarter; and
                ``(iii) a summary description of expenditures made by 
            that recipient using such funds, and the purposes for which 
            such expenditures were made.
            ``(C) End-of-year report.--The report submitted under 
        subparagraph (A) by a State, high-risk urban area, or directly 
        eligible tribe relating to the last quarter of any fiscal year 
        shall include--
                ``(i) the amount and date of receipt of all funds 
            received under the grant during that fiscal year;
                ``(ii) the identity of, and amount provided to, any 
            subgrantee for that grant during that fiscal year;
                ``(iii) the amount and the dates of disbursements of 
            all such funds expended in compliance with section 
            2021(a)(1) or under mutual aid agreements or other sharing 
            arrangements that apply within the State, high-risk urban 
            area, or directly eligible tribe, as applicable, during 
            that fiscal year; and
                ``(iv) how the funds were used by each recipient or 
            subgrantee during that fiscal year.
        ``(2) Annual report.--Any State applying for a grant under 
    section 2004 shall submit to the Administrator annually a State 
    preparedness report, as required by section 652(c) of the Post-
    Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)).
    ``(c) Reports by the Administrator.--
        ``(1) Federal preparedness report.--The Administrator shall 
    submit to the appropriate committees of Congress annually the 
    Federal Preparedness Report required under section 652(a) of the 
    Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
    752(a)).
        ``(2) Risk assessment.--
            ``(A) In general.--For each fiscal year, the Administrator 
        shall provide to the appropriate committees of Congress a 
        detailed and comprehensive explanation of the methodologies 
        used to calculate risk and compute the allocation of funds for 
        grants administered by the Department, including--
                ``(i) all variables included in the risk assessment and 
            the weights assigned to each such variable;
                ``(ii) an explanation of how each such variable, as 
            weighted, correlates to risk, and the basis for concluding 
            there is such a correlation; and
                ``(iii) any change in the methodologies from the 
            previous fiscal year, including changes in variables 
            considered, weighting of those variables, and computational 
            methods.
            ``(B) Classified annex.--The information required under 
        subparagraph (A) shall be provided in unclassified form to the 
        greatest extent possible, and may include a classified annex if 
        necessary.
            ``(C) Deadline.--For each fiscal year, the information 
        required under subparagraph (A) shall be provided on the 
        earlier of--
                ``(i) October 31; or
                ``(ii) 30 days before the issuance of any program 
            guidance for grants administered by the Department.
        ``(3) Tribal funding report.--At the end of each fiscal year, 
    the Administrator shall submit to the appropriate committees of 
    Congress a report setting forth the amount of funding provided 
    during that fiscal year to Indian tribes under any grant program 
    administered by the Department, whether provided directly or 
    through a subgrant from a State or high-risk urban area.''.
    SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.
    (a) National Advisory Council.--Section 508(b) of the Homeland 
Security Act of 2002 (6 U.S.C. 318(b)) is amended--
        (1) by striking ``The National Advisory'' the first place that 
    term appears and inserting the following:
        ``(1) In general.--The National Advisory''; and
        (2) by adding at the end the following:
        ``(2) Consultation on grants.--To ensure input from and 
    coordination with State, local, and tribal governments and 
    emergency response providers, the Administrator shall regularly 
    consult and work with the National Advisory Council on the 
    administration and assessment of grant programs administered by the 
    Department, including with respect to the development of program 
    guidance and the development and evaluation of risk-assessment 
    methodologies, as appropriate.''.
    (b) Evacuation Planning.--Section 512(b)(5)(A) of the Homeland 
Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is amended by inserting 
``, including the elderly'' after ``needs''.
    SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGEMENT 
      REFORM ACT OF 2006.
    (a) Funding Efficacy.--Section 652(a)(2) of the Post-Katrina 
Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)(2)) is 
amended--
        (1) in subparagraph (C), by striking ``and'' at the end;
        (2) in subparagraph (D), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
            ``(E) an evaluation of the extent to which grants 
        administered by the Department, including grants under title XX 
        of the Homeland Security Act of 2002--
                ``(i) have contributed to the progress of State, local, 
            and tribal governments in achieving target capabilities; 
            and
                ``(ii) have led to the reduction of risk from natural 
            disasters, acts of terrorism, or other man-made disasters 
            nationally and in State, local, and tribal 
            jurisdictions.''.
    (b) State Preparedness Report.--Section 652(c)(2)(D) of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)(2)(D)) 
is amended by striking ``an assessment of resource needs'' and 
inserting ``a discussion of the extent to which target capabilities 
identified in the applicable State homeland security plan and other 
applicable plans remain unmet and an assessment of resources needed''.
    SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.
    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended--
        (1) by redesignating title XVIII, as added by the SAFE Port Act 
    (Public Law 109-347; 120 Stat. 1884), as title XIX;
        (2) by redesignating sections 1801 through 1806, as added by 
    the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as sections 
    1901 through 1906, respectively;
        (3) in section 1904(a), as so redesignated, by striking 
    ``section 1802'' and inserting ``section 1902'';
        (4) in section 1906, as so redesignated, by striking ``section 
    1802(a)'' each place that term appears and inserting ``section 
    1902(a)''; and
        (5) in the table of contents in section 1(b), by striking the 
    items relating to title XVIII and sections 1801 through 1806, as 
    added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), 
    and inserting the following:

             ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

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

                  ``TITLE XX--HOMELAND SECURITY GRANTS

``Sec. 2001. Definitions.

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

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

                   ``Subtitle B--Grants Administration

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

           TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

    SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.
    Section 662 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 762) is amended to read as follows:
    ``SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
    ``(a) Definitions.--In this section--
        ``(1) the term `program' means the emergency management 
    performance grants program described in subsection (b); and
        ``(2) the term `State' has the meaning given that term in 
    section 102 of the Robert T. Stafford Disaster Relief and Emergency 
    Assistance Act (42 U.S.C. 5122).
    ``(b) In General.--The Administrator of the Federal Emergency 
Management Agency shall continue implementation of an emergency 
management performance grants program, to make grants to States to 
assist State, local, and tribal governments in preparing for all 
hazards, as authorized by the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
    ``(c) Federal Share.--Except as otherwise specifically provided by 
title VI of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Federal share of the cost 
of an activity carried out using funds made available under the program 
shall not exceed 50 percent.
    ``(d) Apportionment.--For fiscal year 2008, and each fiscal year 
thereafter, the Administrator shall apportion the amounts appropriated 
to carry out the program among the States as follows:
        ``(1) Baseline amount.--The Administrator shall first apportion 
    0.25 percent of such amounts to each of American Samoa, the 
    Commonwealth of the Northern Mariana Islands, Guam, and the Virgin 
    Islands and 0.75 percent of such amounts to each of the remaining 
    States.
        ``(2) Remainder.--The Administrator shall apportion the 
    remainder of such amounts in the ratio that--
            ``(A) the population of each State; bears to
            ``(B) the population of all States.
    ``(e) Consistency in Allocation.--Notwithstanding subsection (d), 
in any fiscal year before fiscal year 2013 in which the appropriation 
for grants under this section is equal to or greater than the 
appropriation for emergency management performance grants in fiscal 
year 2007, no State shall receive an amount under this section for that 
fiscal year less than the amount that State received in fiscal year 
2007.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the program--
        ``(1) for fiscal year 2008, $400,000,000;
        ``(2) for fiscal year 2009, $535,000,000;
        ``(3) for fiscal year 2010, $680,000,000;
        ``(4) for fiscal year 2011, $815,000,000; and
        ``(5) for fiscal year 2012, $950,000,000.''.
    SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.
    Section 614 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196c) is amended to read as follows:
    ``SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS 
      CENTERS.
    ``(a) Grants.--The Administrator of the Federal Emergency 
Management Agency may make grants to States under this title for 
equipping, upgrading, and constructing State and local emergency 
operations centers.
    ``(b) Federal Share.--Notwithstanding any other provision of this 
title, the Federal share of the cost of an activity carried out using 
amounts from grants made under this section shall not exceed 75 
percent.''.

     TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST 
                               RESPONDERS

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

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

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

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

       TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

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

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

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

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

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

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

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

     Subtitle B--Homeland Security Information Sharing Partnerships

    SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND 
      REGIONAL FUSION CENTER INITIATIVE.
    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the 
end the following:
``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL 
FUSION CENTER INITIATIVE.
    ``(a) Establishment.--The Secretary, in consultation with the 
program manager of the information sharing environment established 
under section 1016 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (6 U.S.C. 485), the Attorney General, the Privacy Officer 
of the Department, the Officer for Civil Rights and Civil Liberties of 
the Department, and the Privacy and Civil Liberties Oversight Board 
established under section 1061 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a 
Department of Homeland Security State, Local, and Regional Fusion 
Center Initiative to establish partnerships with State, local, and 
regional fusion centers.
    ``(b) Department Support and Coordination.--Through the Department 
of Homeland Security State, Local, and Regional Fusion Center 
Initiative, and in coordination with the principal officials of 
participating State, local, or regional fusion centers and the officers 
designated as the Homeland Security Advisors of the States, the 
Secretary shall--
        ``(1) provide operational and intelligence advice and 
    assistance to State, local, and regional fusion centers;
        ``(2) support efforts to include State, local, and regional 
    fusion centers into efforts to establish an information sharing 
    environment;
        ``(3) conduct tabletop and live training exercises to regularly 
    assess the capability of individual and regional networks of State, 
    local, and regional fusion centers to integrate the efforts of such 
    networks with the efforts of the Department;
        ``(4) coordinate with other relevant Federal entities engaged 
    in homeland security-related activities;
        ``(5) provide analytic and reporting advice and assistance to 
    State, local, and regional fusion centers;
        ``(6) review information within the scope of the information 
    sharing environment, including homeland security information, 
    terrorism information, and weapons of mass destruction information, 
    that is gathered by State, local, and regional fusion centers, and 
    to incorporate such information, as appropriate, into the 
    Department's own such information;
        ``(7) provide management assistance to State, local, and 
    regional fusion centers;
        ``(8) serve as a point of contact to ensure the dissemination 
    of information within the scope of the information sharing 
    environment, including homeland security information, terrorism 
    information, and weapons of mass destruction information;
        ``(9) facilitate close communication and coordination between 
    State, local, and regional fusion centers and the Department;
        ``(10) provide State, local, and regional fusion centers with 
    expertise on Department resources and operations;
        ``(11) provide training to State, local, and regional fusion 
    centers and encourage such fusion centers to participate in 
    terrorism threat-related exercises conducted by the Department; and
        ``(12) carry out such other duties as the Secretary determines 
    are appropriate.
    ``(c) Personnel Assignment.--
        ``(1) In general.--The Under Secretary for Intelligence and 
    Analysis shall, to the maximum extent practicable, assign officers 
    and intelligence analysts from components of the Department to 
    participating State, local, and regional fusion centers.
        ``(2) Personnel sources.--Officers and intelligence analysts 
    assigned to participating fusion centers under this subsection may 
    be assigned from the following Department components, in 
    coordination with the respective component head and in consultation 
    with the principal officials of participating fusion centers:
            ``(A) Office of Intelligence and Analysis.
            ``(B) Office of Infrastructure Protection.
            ``(C) Transportation Security Administration.
            ``(D) United States Customs and Border Protection.
            ``(E) United States Immigration and Customs Enforcement.
            ``(F) United States Coast Guard.
            ``(G) Other components of the Department, as determined by 
        the Secretary.
        ``(3) Qualifying criteria.--
            ``(A) In general.--The Secretary shall develop qualifying 
        criteria for a fusion center to participate in the assigning of 
        Department officers or intelligence analysts under this 
        section.
            ``(B) Criteria.--Any criteria developed under subparagraph 
        (A) may include--
                ``(i) whether the fusion center, through its mission 
            and governance structure, focuses on a broad 
            counterterrorism approach, and whether that broad approach 
            is pervasive through all levels of the organization;
                ``(ii) whether the fusion center has sufficient numbers 
            of adequately trained personnel to support a broad 
            counterterrorism mission;
                ``(iii) whether the fusion center has--

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

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

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

                ``(ii) appropriate privacy and civil liberties training 
            that is developed, supported, or sponsored by the Privacy 
            Officer appointed under section 222 and the Officer for 
            Civil Rights and Civil Liberties of the Department, in 
            consultation with the Privacy and Civil Liberties Oversight 
            Board established under section 1061 of the Intelligence 
            Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 
            note); and
                ``(iii) such other training prescribed by the Under 
            Secretary for Intelligence and Analysis.
            ``(B) Prior work experience in area.--In determining the 
        eligibility of an officer or intelligence analyst to be 
        assigned to a fusion center under this section, the Under 
        Secretary for Intelligence and Analysis shall consider the 
        familiarity of the officer or intelligence analyst with the 
        State, locality, or region, as determined by such factors as 
        whether the officer or intelligence analyst--
                ``(i) has been previously assigned in the geographic 
            area; or
                ``(ii) has previously worked with intelligence 
            officials or law enforcement or other emergency response 
            providers from that State, locality, or region.
        ``(5) Expedited security clearance processing.--The Under 
    Secretary for Intelligence and Analysis--
            ``(A) shall ensure that each officer or intelligence 
        analyst assigned to a fusion center under this section has the 
        appropriate security clearance to contribute effectively to the 
        mission of the fusion center; and
            ``(B) may request that security clearance processing be 
        expedited for each such officer or intelligence analyst and may 
        use available funds for such purpose.
        ``(6) Further qualifications.--Each officer or intelligence 
    analyst assigned to a fusion center under this section shall 
    satisfy any other qualifications the Under Secretary for 
    Intelligence and Analysis may prescribe.
    ``(d) Responsibilities.--An officer or intelligence analyst 
assigned to a fusion center under this section shall--
        ``(1) assist law enforcement agencies and other emergency 
    response providers of State, local, and tribal governments and 
    fusion center personnel in using information within the scope of 
    the information sharing environment, including homeland security 
    information, terrorism information, and weapons of mass destruction 
    information, to develop a comprehensive and accurate threat 
    picture;
        ``(2) review homeland security-relevant information from law 
    enforcement agencies and other emergency response providers of 
    State, local, and tribal government;
        ``(3) create intelligence and other information products 
    derived from such information and other homeland security-relevant 
    information provided by the Department; and
        ``(4) assist in the dissemination of such products, as 
    coordinated by the Under Secretary for Intelligence and Analysis, 
    to law enforcement agencies and other emergency response providers 
    of State, local, and tribal government, other fusion centers, and 
    appropriate Federal agencies.
    ``(e) Border Intelligence Priority.--
        ``(1) In general.--The Secretary shall make it a priority to 
    assign officers and intelligence analysts under this section from 
    United States Customs and Border Protection, United States 
    Immigration and Customs Enforcement, and the Coast Guard to 
    participating State, local, and regional fusion centers located in 
    jurisdictions along land or maritime borders of the United States 
    in order to enhance the integrity of and security at such borders 
    by helping Federal, State, local, and tribal law enforcement 
    authorities to identify, investigate, and otherwise interdict 
    persons, weapons, and related contraband that pose a threat to 
    homeland security.
        ``(2) Border intelligence products.--When performing the 
    responsibilities described in subsection (d), officers and 
    intelligence analysts assigned to participating State, local, and 
    regional fusion centers under this section shall have, as a primary 
    responsibility, the creation of border intelligence products that--
            ``(A) assist State, local, and tribal law enforcement 
        agencies in deploying their resources most efficiently to help 
        detect and interdict terrorists, weapons of mass destruction, 
        and related contraband at land or maritime borders of the 
        United States;
            ``(B) promote more consistent and timely sharing of border 
        security-relevant information among jurisdictions along land or 
        maritime borders of the United States; and
            ``(C) enhance the Department's situational awareness of the 
        threat of acts of terrorism at or involving the land or 
        maritime borders of the United States.
    ``(f) Database Access.--In order to fulfill the objectives 
described under subsection (d), each officer or intelligence analyst 
assigned to a fusion center under this section shall have appropriate 
access to all relevant Federal databases and information systems, 
consistent with any policies, guidelines, procedures, instructions, or 
standards established by the President or, as appropriate, the program 
manager of the information sharing environment for the implementation 
and management of that environment.
    ``(g) Consumer Feedback.--
        ``(1) In general.--The Secretary shall create a voluntary 
    mechanism for any State, local, or tribal law enforcement officer 
    or other emergency response provider who is a consumer of the 
    intelligence or other information products referred to in 
    subsection (d) to provide feedback to the Department on the quality 
    and utility of such intelligence products.
        ``(2) Report.--Not later than one year after the date of the 
    enactment of the Implementing Recommendations of the 9/11 
    Commission Act of 2007, and annually thereafter, the Secretary 
    shall submit to the Committee on Homeland Security and Governmental 
    Affairs of the Senate and the Committee on Homeland Security of the 
    House of Representatives a report that includes a description of 
    the consumer feedback obtained under paragraph (1) and, if 
    applicable, how the Department has adjusted its production of 
    intelligence products in response to that consumer feedback.
    ``(h) Rule of Construction.--
        ``(1) In general.--The authorities granted under this section 
    shall supplement the authorities granted under section 201(d) and 
    nothing in this section shall be construed to abrogate the 
    authorities granted under section 201(d).
        ``(2) Participation.--Nothing in this section shall be 
    construed to require a State, local, or regional government or 
    entity to accept the assignment of officers or intelligence 
    analysts of the Department into the fusion center of that State, 
    locality, or region.
    ``(i) Guidelines.--The Secretary, in consultation with the Attorney 
General, shall establish guidelines for fusion centers created and 
operated by State and local governments, to include standards that any 
such fusion center shall--
        ``(1) collaboratively develop a mission statement, identify 
    expectations and goals, measure performance, and determine 
    effectiveness for that fusion center;
        ``(2) create a representative governance structure that 
    includes law enforcement officers and other emergency response 
    providers and, as appropriate, the private sector;
        ``(3) create a collaborative environment for the sharing of 
    intelligence and information among Federal, State, local, and 
    tribal government agencies (including law enforcement officers and 
    other emergency response providers), the private sector, and the 
    public, consistent with any policies, guidelines, procedures, 
    instructions, or standards established by the President or, as 
    appropriate, the program manager of the information sharing 
    environment;
        ``(4) leverage the databases, systems, and networks available 
    from public and private sector entities, in accordance with all 
    applicable laws, to maximize information sharing;
        ``(5) develop, publish, and adhere to a privacy and civil 
    liberties policy consistent with Federal, State, and local law;
        ``(6) provide, in coordination with the Privacy Officer of the 
    Department and the Officer for Civil Rights and Civil Liberties of 
    the Department, appropriate privacy and civil liberties training 
    for all State, local, tribal, and private sector representatives at 
    the fusion center;
        ``(7) ensure appropriate security measures are in place for the 
    facility, data, and personnel;
        ``(8) select and train personnel based on the needs, mission, 
    goals, and functions of that fusion center;
        ``(9) offer a variety of intelligence and information services 
    and products to recipients of fusion center intelligence and 
    information; and
        ``(10) incorporate law enforcement officers, other emergency 
    response providers, and, as appropriate, the private sector, into 
    all relevant phases of the intelligence and fusion process, 
    consistent with the mission statement developed under paragraph 
    (1), either through full time representatives or liaison 
    relationships with the fusion center to enable the receipt and 
    sharing of information and intelligence.
    ``(j) Definitions.--In this section--
        ``(1) the term `fusion center' means a collaborative effort of 
    2 or more Federal, State, local, or tribal government agencies that 
    combines resources, expertise, or information with the goal of 
    maximizing the ability of such agencies to detect, prevent, 
    investigate, apprehend, and respond to criminal or terrorist 
    activity;
        ``(2) the term `information sharing environment' means the 
    information sharing environment established under section 1016 of 
    the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
    U.S.C. 485);
        ``(3) the term `intelligence analyst' means an individual who 
    regularly advises, administers, supervises, or performs work in the 
    collection, gathering, analysis, evaluation, reporting, production, 
    or dissemination of information on political, economic, social, 
    cultural, physical, geographical, scientific, or military 
    conditions, trends, or forces in foreign or domestic areas that 
    directly or indirectly affect national security;
        ``(4) the term `intelligence-led policing' means the collection 
    and analysis of information to produce an intelligence end product 
    designed to inform law enforcement decision making at the tactical 
    and strategic levels; and
        ``(5) the term `terrorism information' has the meaning given 
    that term in section 1016 of the Intelligence Reform and Terrorism 
    Prevention Act of 2004 (6 U.S.C. 485).
    ``(k) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 for each of fiscal years 2008 through 2012, to 
carry out this section, except for subsection (i), including for hiring 
officers and intelligence analysts to replace officers and intelligence 
analysts who are assigned to fusion centers under this section.''.
    (b) Training for Predeployed Officers and Analysts.--An officer or 
analyst assigned to a fusion center by the Secretary of Homeland 
Security before the date of the enactment of this Act shall undergo the 
training described in section 210A(c)(4)(A) of the Homeland Security 
Act of 2002, as added by subsection (a), by not later than 6 months 
after such date.
    (c) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is further amended by inserting after the item relating to 
section 210 the following:

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

    (d) Reports.--
        (1) Concept of operations.--Not later than 90 days after the 
    date of enactment of this Act and before the Department of Homeland 
    Security State, Local, and Regional Fusion Center Initiative under 
    section 210A of the Homeland Security Act of 2002, as added by 
    subsection (a), (in this section referred to as the ``program'') 
    has been implemented, the Secretary, in consultation with the 
    Privacy Officer of the Department, the Officer for Civil Rights and 
    Civil Liberties of the Department, and the Privacy and Civil 
    Liberties Oversight Board established under section 1061 of the 
    Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 
    601 note), shall submit to the Committee on Homeland Security and 
    Governmental Affairs of the Senate and the Committee on Homeland 
    Security of the House of Representatives a report that contains a 
    concept of operations for the program, which shall--
            (A) include a clear articulation of the purposes, goals, 
        and specific objectives for which the program is being 
        developed;
            (B) identify stakeholders in the program and provide an 
        assessment of their needs;
            (C) contain a developed set of quantitative metrics to 
        measure, to the extent possible, program output;
            (D) contain a developed set of qualitative instruments 
        (including surveys and expert interviews) to assess the extent 
        to which stakeholders believe their needs are being met; and
            (E) include a privacy and civil liberties impact 
        assessment.
        (2) Privacy and civil liberties.--Not later than 1 year after 
    the date of the enactment of this Act, the Privacy Officer of the 
    Department of Homeland Security and the Officer for Civil Liberties 
    and Civil Rights of the Department of Homeland Security, consistent 
    with any policies of the Privacy and Civil Liberties Oversight 
    Board established under section 1061 of the Intelligence Reform and 
    Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit 
    to the Committee on Homeland Security and Governmental Affairs of 
    the Senate and the Committee on Homeland Security of the House of 
    Representatives, the Secretary of Homeland Security, the Under 
    Secretary of Homeland Security for Intelligence and Analysis, and 
    the Privacy and Civil Liberties Oversight Board a report on the 
    privacy and civil liberties impact of the program.
    SEC. 512. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
    (a) Establishment of Program.--Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended 
by adding at the end the following:
``SEC. 210B. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
    ``(a) Establishment.--
        ``(1) In general.--The Secretary, acting through the Under 
    Secretary for Intelligence and Analysis, and in consultation with 
    the Chief Human Capital Officer, shall establish a fellowship 
    program in accordance with this section for the purpose of--
            ``(A) detailing State, local, and tribal law enforcement 
        officers and intelligence analysts to the Department in 
        accordance with subchapter VI of chapter 33 of title 5, United 
        States Code, to participate in the work of the Office of 
        Intelligence and Analysis in order to become familiar with--
                ``(i) the relevant missions and capabilities of the 
            Department and other Federal agencies; and
                ``(ii) the role, programs, products, and personnel of 
            the Office of Intelligence and Analysis; and
            ``(B) promoting information sharing between the Department 
        and State, local, and tribal law enforcement officers and 
        intelligence analysts by assigning such officers and analysts 
        to--
                ``(i) serve as a point of contact in the Department to 
            assist in the representation of State, local, and tribal 
            information requirements;
                ``(ii) identify information within the scope of the 
            information sharing environment, including homeland 
            security information, terrorism information, and weapons of 
            mass destruction information, that is of interest to State, 
            local, and tribal law enforcement officers, intelligence 
            analysts, and other emergency response providers;
                ``(iii) assist Department analysts in preparing and 
            disseminating products derived from information within the 
            scope of the information sharing environment, including 
            homeland security information, terrorism information, and 
            weapons of mass destruction information, that are tailored 
            to State, local, and tribal law enforcement officers and 
            intelligence analysts and designed to prepare for and 
            thwart acts of terrorism; and
                ``(iv) assist Department analysts in preparing products 
            derived from information within the scope of the 
            information sharing environment, including homeland 
            security information, terrorism information, and weapons of 
            mass destruction information, that are tailored to State, 
            local, and tribal emergency response providers and assist 
            in the dissemination of such products through appropriate 
            Department channels.
        ``(2) Program name.--The program under this section shall be 
    known as the `Homeland Security Information Sharing Fellows 
    Program'.
    ``(b) Eligibility.--
        ``(1) In general.--In order to be eligible for selection as an 
    Information Sharing Fellow under the program under this section, an 
    individual shall--
            ``(A) have homeland security-related responsibilities;
            ``(B) be eligible for an appropriate security clearance;
            ``(C) possess a valid need for access to classified 
        information, as determined by the Under Secretary for 
        Intelligence and Analysis;
            ``(D) be an employee of an eligible entity; and
            ``(E) have undergone appropriate privacy and civil 
        liberties training that is developed, supported, or sponsored 
        by the Privacy Officer and the Officer for Civil Rights and 
        Civil Liberties, in consultation with the Privacy and Civil 
        Liberties Oversight Board established under section 1061 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (5 
        U.S.C. 601 note).
        ``(2) Eligible entities.--In this subsection, the term 
    `eligible entity' means--
            ``(A) a State, local, or regional fusion center;
            ``(B) a State or local law enforcement or other government 
        entity that serves a major metropolitan area, suburban area, or 
        rural area, as determined by the Secretary;
            ``(C) a State or local law enforcement or other government 
        entity with port, border, or agricultural responsibilities, as 
        determined by the Secretary;
            ``(D) a tribal law enforcement or other authority; or
            ``(E) such other entity as the Secretary determines is 
        appropriate.
    ``(c) Optional Participation.--No State, local, or tribal law 
enforcement or other government entity shall be required to participate 
in the Homeland Security Information Sharing Fellows Program.
    ``(d) Procedures for Nomination and Selection.--
        ``(1) In general.--The Under Secretary for Intelligence and 
    Analysis shall establish procedures to provide for the nomination 
    and selection of individuals to participate in the Homeland 
    Security Information Sharing Fellows Program.
        ``(2) Limitations.--The Under Secretary for Intelligence and 
    Analysis shall--
            ``(A) select law enforcement officers and intelligence 
        analysts representing a broad cross-section of State, local, 
        and tribal agencies; and
            ``(B) ensure that the number of Information Sharing Fellows 
        selected does not impede the activities of the Office of 
        Intelligence and Analysis.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is further amended by inserting after the item relating to 
section 210A the following:

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

    (c) Reports.--
        (1) Concept of operations.--Not later than 90 days after the 
    date of enactment of this Act, and before the implementation of the 
    Homeland Security Information Sharing Fellows Program under section 
    210B of the Homeland Security Act of 2002, as added by subsection 
    (a), (in this section referred to as the ``Program'') the 
    Secretary, in consultation with the Privacy Officer of the 
    Department, the Officer for Civil Rights and Civil Liberties of the 
    Department, and the Privacy and Civil Liberties Oversight Board 
    established under section 1061 of the Intelligence Reform and 
    Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit 
    to the Committee on Homeland Security and Governmental Affairs of 
    the Senate and the Committee on Homeland Security of the House of 
    Representatives a report that contains a concept of operations for 
    the Program, which shall include a privacy and civil liberties 
    impact assessment.
        (2) Review of privacy impact.--Not later than 1 year after the 
    date on which the program is implemented, the Privacy Officer of 
    the Department and the Officer for Civil Rights and Civil Liberties 
    of the Department, consistent with any policies of the Privacy and 
    Civil Liberties Oversight Board established under section 1061 of 
    the Intelligence Reform and Terrorism Prevention Act of 2004 (5 
    U.S.C. 601 note), shall submit to the Committee on Homeland 
    Security and Governmental Affairs of the Senate and the Committee 
    on Homeland Security of the House of Representatives, the Secretary 
    of Homeland Security, the Under Secretary of Homeland Security for 
    Intelligence and Analysis, and the Privacy and Civil Liberties 
    Oversight Board, a report on the privacy and civil liberties impact 
    of the program.
    SEC. 513. RURAL POLICING INSTITUTE.
    (a) Establishment.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the 
end the following:
``SEC. 210C. RURAL POLICING INSTITUTE.
    ``(a) In General.--The Secretary shall establish a Rural Policing 
Institute, which shall be administered by the Federal Law Enforcement 
Training Center, to target training to law enforcement agencies and 
other emergency response providers located in rural areas. The 
Secretary, through the Rural Policing Institute, shall--
        ``(1) evaluate the needs of law enforcement agencies and other 
    emergency response providers in rural areas;
        ``(2) develop expert training programs designed to address the 
    needs of law enforcement agencies and other emergency response 
    providers in rural areas as identified in the evaluation conducted 
    under paragraph (1), including training programs about 
    intelligence-led policing and protections for privacy, civil 
    rights, and civil liberties;
        ``(3) provide the training programs developed under paragraph 
    (2) to law enforcement agencies and other emergency response 
    providers in rural areas; and
        ``(4) conduct outreach efforts to ensure that local and tribal 
    governments in rural areas are aware of the training programs 
    developed under paragraph (2) so they can avail themselves of such 
    programs.
    ``(b) Curricula.--The training at the Rural Policing Institute 
established under subsection (a) shall--
        ``(1) be configured in a manner so as not to duplicate or 
    displace any law enforcement or emergency response program of the 
    Federal Law Enforcement Training Center or a local or tribal 
    government entity in existence on the date of enactment of the 
    Implementing Recommendations of the 9/11 Commission Act of 2007; 
    and
        ``(2) to the maximum extent practicable, be delivered in a 
    cost-effective manner at facilities of the Department, on closed 
    military installations with adequate training facilities, or at 
    facilities operated by the participants.
    ``(c) Definition.--In this section, the term `rural' means an area 
that is not located in a metropolitan statistical area, as defined by 
the Office of Management and Budget.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section (including for contracts, staff, 
and equipment)--
        ``(1) $10,000,000 for fiscal year 2008; and
        ``(2) $5,000,000 for each of fiscal years 2009 through 2013.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by inserting after the item relating to 
section 210B the following:

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

    Subtitle C--Interagency Threat Assessment and Coordination Group

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

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

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

   Subtitle D--Homeland Security Intelligence Offices Reorganization

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

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

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

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

              Subtitle E--Authorization of Appropriations

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

           TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

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

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

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

                        Subtitle B--Visa Waiver

    SEC. 711. MODERNIZATION OF THE VISA WAIVER PROGRAM.
    (a) Short Title.--This section may be cited as the ``Secure Travel 
and Counterterrorism Partnership Act of 2007''.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) the United States should modernize and strengthen the 
    security of the visa waiver program under section 217 of the 
    Immigration and Nationality Act (8 U.S.C. 1187) by simultaneously--
            (A) enhancing program security requirements; and
            (B) extending visa-free travel privileges to nationals of 
        foreign countries that are partners in the war on terrorism--
                (i) that are actively cooperating with the United 
            States to prevent terrorist travel, including sharing 
            counterterrorism and law enforcement information; and
                (ii) whose nationals have demonstrated their compliance 
            with the provisions of the Immigration and Nationality Act 
            regarding the purpose and duration of their admission to 
            the United States; and
        (2) the modernization described in paragraph (1) will--
            (A) enhance bilateral cooperation on critical 
        counterterrorism and information sharing initiatives;
            (B) support and expand tourism and business opportunities 
        to enhance long-term economic competitiveness; and
            (C) strengthen bilateral relationships.
    (c) Discretionary Visa Waiver Program Expansion.--Section 217(c) of 
the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by 
adding at the end the following new paragraphs:
        ``(8) Nonimmigrant visa refusal rate flexibility.--
            ``(A) Certification.--
                ``(i) In general.--On the date on which an air exit 
            system is in place that can verify the departure of not 
            less than 97 percent of foreign nationals who exit through 
            airports of the United States and the electronic travel 
            authorization system required under subsection (h)(3) is 
            fully operational, the Secretary of Homeland Security shall 
            certify to Congress that such air exit system and 
            electronic travel authorization system are in place.
                ``(ii) Notification to congress.--The Secretary shall 
            notify Congress in writing of the date on which the air 
            exit system under clause (i) fully satisfies the biometric 
            requirements specified in subsection (i).
                ``(iii) Temporary suspension of waiver authority.--
            Notwithstanding any certification made under clause (i), if 
            the Secretary has not notified Congress in accordance with 
            clause (ii) by June 30, 2009, the Secretary's waiver 
            authority under subparagraph (B) shall be suspended 
            beginning on July 1, 2009, until such time as the Secretary 
            makes such notification.
                ``(iv) Rule of construction.--Nothing in this paragraph 
            shall be construed as in any way abrogating the reporting 
            requirements under subsection (i)(3).
            ``(B) Waiver.--After certification by the Secretary under 
        subparagraph (A), the Secretary, in consultation with the 
        Secretary of State, may waive the application of paragraph 
        (2)(A) for a country if--
                ``(i) the country meets all security requirements of 
            this section;
                ``(ii) the Secretary of Homeland Security determines 
            that the totality of the country's security risk mitigation 
            measures provide assurance that the country's participation 
            in the program would not compromise the law enforcement, 
            security interests, or enforcement of the immigration laws 
            of the United States;
                ``(iii) there has been a sustained reduction in the 
            rate of refusals for nonimmigrant visas for nationals of 
            the country and conditions exist to continue such 
            reduction;
                ``(iv) the country cooperated with the Government of 
            the United States on counterterrorism initiatives, 
            information sharing, and preventing terrorist travel before 
            the date of its designation as a program country, and the 
            Secretary of Homeland Security and the Secretary of State 
            determine that such cooperation will continue; and
                ``(v)(I) the rate of refusals for nonimmigrant visitor 
            visas for nationals of the country during the previous full 
            fiscal year was not more than ten percent; or
                ``(II) the visa overstay rate for the country for the 
            previous full fiscal year does not exceed the maximum visa 
            overstay rate, once such rate is established under 
            subparagraph (C).
            ``(C) Maximum visa overstay rate.--
                ``(i) Requirement to establish.--After certification by 
            the Secretary under subparagraph (A), the Secretary and the 
            Secretary of State jointly shall use information from the 
            air exit system referred to in such subparagraph to 
            establish a maximum visa overstay rate for countries 
            participating in the program pursuant to a waiver under 
            subparagraph (B). The Secretary of Homeland Security shall 
            certify to Congress that such rate would not compromise the 
            law enforcement, security interests, or enforcement of the 
            immigration laws of the United States.
                ``(ii) Visa overstay rate defined.--In this paragraph 
            the term `visa overstay rate' means, with respect to a 
            country, the ratio of--

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

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

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

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

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

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

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

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

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

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

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

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

        Subtitle C--Strengthening Terrorism Prevention Programs

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

                  Subtitle D--Miscellaneous Provisions

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

                TITLE VIII--PRIVACY AND CIVIL LIBERTIES

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

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

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

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

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

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

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

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

                 TITLE IX--PRIVATE SECTOR PREPAREDNESS

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

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

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

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

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

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

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

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

                ``(iv) agree not to have any other conflict of interest 
            with respect to any private sector entity for which that 
            third party conducts a certification under this subsection;
                ``(v) maintain liability insurance coverage at policy 
            limits in accordance with the requirements developed under 
            subparagraph (B); and
                ``(vi) enter into an agreement with the selected entity 
            accrediting that third party to protect any proprietary 
            information of a private sector entity obtained under this 
            subsection.
            ``(G) Monitoring.--
                ``(i) In general.--The designated officer and any 
            selected entity shall regularly monitor and inspect the 
            operations of any third party conducting certifications 
            under this subsection to ensure that the third party is 
            complying with the procedures and requirements established 
            under subparagraph (B) and all other applicable 
            requirements.
                ``(ii) Revocation.--If the designated officer or any 
            selected entity determines that a third party is not 
            meeting the procedures or requirements established under 
            subparagraph (B), the selected entity shall--

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

        ``(4) Annual review.--
            ``(A) In general.--The designated officer, in consultation 
        with representatives of appropriate organizations that 
        coordinate or facilitate the development and use of voluntary 
        consensus standards, appropriate voluntary consensus standards 
        development organizations, appropriate representatives of State 
        and local governments, including emergency management 
        officials, and each private sector advisory council created 
        under section 102(f)(4), shall annually review the voluntary 
        accreditation and certification program established under this 
        subsection to ensure the effectiveness of such program 
        (including the operations and management of such program by any 
        selected entity and the selected entity's inclusion of 
        qualified disadvantaged business concerns under paragraph 
        (3)(D)) and make improvements and adjustments to the program as 
        necessary and appropriate.
            ``(B) Review of standards.--Each review under subparagraph 
        (A) shall include an assessment of the voluntary preparedness 
        standard or standards used in the program under this 
        subsection.
        ``(5) Voluntary participation.--Certification under this 
    subsection shall be voluntary for any private sector entity.
        ``(6) Public listing.--The designated officer shall maintain 
    and make public a listing of any private sector entity certified as 
    being in compliance with the program established under this 
    subsection, if that private sector entity consents to such listing.
    ``(c) Rule of Construction.--Nothing in this section may be 
construed as--
        ``(1) a requirement to replace any preparedness, emergency 
    response, or business continuity standards, requirements, or best 
    practices established--
            ``(A) under any other provision of federal law; or
            ``(B) by any sector-specific agency, as those agencies are 
        defined under Homeland Security Presidential Directive-7; or
        ``(2) exempting any private sector entity seeking certification 
    or meeting certification requirements under subsection (b) from 
    compliance with all applicable statutes, regulations, directives, 
    policies, and industry codes of practice.''.
    (b) Report to Congress.--Not later than 210 days after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Homeland Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives a report detailing--
        (1) any action taken to implement section 524(b) of the 
    Homeland Security Act of 2002, as added by subsection (a), 
    including a discussion of--
            (A) the separate methods of classification and 
        certification for small business concerns (under the meaning 
        given that term in section 3 of the Small Business Act (15 
        U.S.C. 632)) as compared to other private sector entities; and
            (B) whether the separate classifications and methods of 
        certification for small business concerns are likely to help to 
        ensure that such measures are not overly burdensome and are 
        adequate to meet the voluntary preparedness standard or 
        standards adopted by the program under section 524(b) of the 
        Homeland Security Act of 2002, as added by subsection (a); and
        (2) the status, as of the date of that report, of the 
    implementation of that subsection.
    (c) Deadline for Designation of Officer.--The Secretary of Homeland 
Security shall designate the officer as described in section 524 of the 
Homeland Security Act of 2002, as added by subsection (a), by not later 
than 30 days after the date of the enactment of this Act.
    (d) Definition.--Section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101) is amended by adding at the end the following:
        ``(18) The term `voluntary preparedness standards' means a 
    common set of criteria for preparedness, disaster management, 
    emergency management, and business continuity programs, such as the 
    American National Standards Institute's National Fire Protection 
    Association Standard on Disaster/Emergency Management and Business 
    Continuity Programs (ANSI/NFPA 1600).''.
    (e) Clerical Amendments.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end the following:

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

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

          TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

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

``Sec. 210E. National Asset Database.''.
SEC. 1002. RISK ASSESSMENTS AND REPORT.
    (a) Risk Assessments.--Section 201(d) of the Homeland Security Act 
of 2002 (6 U.S.C. 121(d)) is further amended by adding at the end the 
following new paragraph:
        ``(25) To prepare and submit to the Committee on Homeland 
    Security and Governmental Affairs of the Senate and the Committee 
    on Homeland Security in the House of Representatives, and to other 
    appropriate congressional committees having jurisdiction over the 
    critical infrastructure or key resources, for each sector 
    identified in the National Infrastructure Protection Plan, a report 
    on the comprehensive assessments carried out by the Secretary of 
    the critical infrastructure and key resources of the United States, 
    evaluating threat, vulnerability, and consequence, as required 
    under this subsection. Each such report--
            ``(A) shall contain, if applicable, actions or 
        countermeasures recommended or taken by the Secretary or the 
        head of another Federal agency to address issues identified in 
        the assessments;
            ``(B) shall be required for fiscal year 2007 and each 
        subsequent fiscal year and shall be submitted not later than 35 
        days after the last day of the fiscal year covered by the 
        report; and
            ``(C) may be classified.''.
    (b) Report on Industry Preparedness.--Not later than 6 months after 
the last day of fiscal year 2007 and each subsequent fiscal year, the 
Secretary of Homeland Security, in cooperation with the Secretary of 
Commerce, the Secretary of Transportation, the Secretary of Defense, 
and the Secretary of Energy, shall submit to the Committee on Banking, 
Housing, and Urban Affairs and the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Financial 
Services and the Committee on Homeland Security of the House of 
Representatives a report that details the actions taken by the Federal 
Government to ensure, in accordance with subsections (a) and (c) of 
section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 
2071), the preparedness of industry to reduce interruption of critical 
infrastructure and key resource operations during an act of terrorism, 
natural catastrophe, or other similar national emergency.
SEC. 1003. SENSE OF CONGRESS REGARDING THE INCLUSION OF LEVEES IN THE 
NATIONAL INFRASTRUCTURE PROTECTION PLAN.
    It is the sense of Congress that the Secretary should ensure that 
levees are included in one of the critical infrastructure and key 
resources sectors identified in the National Infrastructure Protection 
Plan.

    TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

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

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

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

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

  TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

SEC. 1201. DEFINITIONS.
    For purposes of this title, the following terms apply:
        (1) Department.--The term ``Department'' means the Department 
    of Homeland Security.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    Homeland Security.
SEC. 1202. TRANSPORTATION SECURITY STRATEGIC PLANNING.
    (a) In General.--Section 114(t)(1)(B) of title 49, United States 
Code, is amended to read as follows:
            ``(B) transportation modal security plans addressing 
        security risks, including threats, vulnerabilities, and 
        consequences, for aviation, railroad, ferry, highway, maritime, 
        pipeline, public transportation, over-the-road bus, and other 
        transportation infrastructure assets.''.
    (b) Contents of the National Strategy for Transportation 
Security.--Section 114(t)(3) of such title is amended--
        (1) in subparagraph (B), by inserting ``, based on risk 
    assessments conducted or received by the Secretary of Homeland 
    Security (including assessments conducted under the Implementing 
    Recommendations of the 9/11 Commission Act of 2007'' after ``risk 
    based priorities'';
        (2) in subparagraph (D)--
            (A) by striking ``and local'' and inserting ``local, and 
        tribal''; and
            (B) by striking ``private sector cooperation and 
        participation'' and inserting ``cooperation and participation 
        by private sector entities, including nonprofit employee labor 
        organizations,'';
        (3) in subparagraph (E)--
            (A) by striking ``response'' and inserting ``prevention, 
        response,''; and
            (B) by inserting ``and threatened and executed acts of 
        terrorism outside the United States to the extent such acts 
        affect United States transportation systems'' before the period 
        at the end;
        (4) in subparagraph (F), by adding at the end the following: 
    ``Transportation security research and development projects shall 
    be based, to the extent practicable, on such prioritization. 
    Nothing in the preceding sentence shall be construed to require the 
    termination of any research or development project initiated by the 
    Secretary of Homeland Security or the Secretary of Transportation 
    before the date of enactment of the Implementing Recommendations of 
    the 9/11 Commission Act of 2007.''; and
        (5) by adding at the end the following:
            ``(G) A 3- and 10-year budget for Federal transportation 
        security programs that will achieve the priorities of the 
        National Strategy for Transportation Security.
            ``(H) Methods for linking the individual transportation 
        modal security plans and the programs contained therein, and a 
        plan for addressing the security needs of intermodal 
        transportation.
            ``(I) Transportation modal security plans described in 
        paragraph (1)(B), including operational recovery plans to 
        expedite, to the maximum extent practicable, the return to 
        operation of an adversely affected transportation system 
        following a major terrorist attack on that system or other 
        incident. These plans shall be coordinated with the resumption 
        of trade protocols required under section 202 of the SAFE Port 
        Act (6 U.S.C. 942) and the National Maritime Transportation 
        Security Plan required under section 70103(a) of title 46.''.
    (c) Periodic Progress Reports.--Section 114(t)(4) of such title is 
amended--
        (1) in subparagraph (C)--
            (A) in clause (i) by inserting ``, including the 
        transportation modal security plans'' before the period at the 
        end; and
            (B) by striking clause (ii) and inserting the following:
                ``(ii) Content.--Each progress report submitted under 
            this subparagraph shall include, at a minimum, the 
            following:

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

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

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

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

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

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

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

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

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

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

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

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

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

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

               TITLE XIV--PUBLIC TRANSPORTATION SECURITY

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

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

SEC. 1501. DEFINITIONS.
    In this title, the following definitions apply:
        (1) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means the Committee on 
    Commerce, Science, and Transportation and the Committee on Homeland 
    Security and Governmental Affairs of the Senate and the Committee 
    on Homeland Security and the Committee on Transportation and 
    Infrastructure of the House of Representatives.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    Homeland Security.
        (3) Department.--The term ``Department'' means the Department 
    of Homeland Security.
        (4) Over-the-road bus.--The term ``over-the-road bus'' means a 
    bus characterized by an elevated passenger deck located over a 
    baggage compartment.
        (5) Over-the-road bus frontline employees.--In this section, 
    the term ``over-the-road bus frontline employees'' means over-the-
    road bus drivers, security personnel, dispatchers, maintenance and 
    maintenance support personnel, ticket agents, other terminal 
    employees, and other employees of an over-the-road bus operator or 
    terminal owner or operator that the Secretary determines should 
    receive security training under this title.
        (6) Railroad frontline employees.--In this section, the term 
    ``railroad frontline employees'' means security personnel, 
    dispatchers, locomotive engineers, conductors, trainmen, other 
    onboard employees, maintenance and maintenance support personnel, 
    bridge tenders, and any other employees of railroad carriers that 
    the Secretary determines should receive security training under 
    this title.
        (7) Railroad.--The term ``railroad'' has the meaning that term 
    has in section 20102 of title 49, United States Code.
        (8) Railroad carrier.--The term ``railroad carrier'' has the 
    meaning that term has in section 20102 of title 49, United States 
    Code.
        (9) State.--The term ``State'' means any one of the 50 States, 
    the District of Columbia, Puerto Rico, the Northern Mariana 
    Islands, the Virgin Islands, Guam, American Samoa, and any other 
    territory or possession of the United States.
        (10) Terrorism.--The term ``terrorism'' has the meaning that 
    term has in section 2 of the Homeland Security Act of 2002 (6 
    U.S.C. 101).
        (11) Transportation.--The term ``transportation'', as used with 
    respect to an over-the-road bus, means the movement of passengers 
    or property by an over-the-road bus--
            (A) in the jurisdiction of the United States between a 
        place in a State and a place outside the State (including a 
        place outside the United States); or
            (B) in a State that affects trade, traffic, and 
        transportation described in subparagraph (A).
        (12) United states.--The term ``United States'' means the 50 
    States, the District of Columbia, Puerto Rico, the Northern Mariana 
    Islands, the Virgin Islands, Guam, American Samoa, and any other 
    territory or possession of the United States.
        (13) Security-sensitive material.--The term ``security-
    sensitive material'' means a material, or a group or class of 
    material, in a particular amount and form that the Secretary, in 
    consultation with the Secretary of Transportation, determines, 
    through a rulemaking with opportunity for public comment, poses a 
    significant risk to national security while being transported in 
    commerce due to the potential use of the material in an act of 
    terrorism. In making such a designation, the Secretary shall, at a 
    minimum, consider the following:
            (A) Class 7 radioactive materials.
            (B) Division 1.1, 1.2, or 1.3 explosives.
            (C) Materials poisonous or toxic by inhalation, including 
        Division 2.3 gases and Division 6.1 materials.
            (D) A select agent or toxin regulated by the Centers for 
        Disease Control and Prevention under part 73 of title 42, Code 
        of Federal Regulations.
        (14) Disadvantaged business concerns.--The term ``disadvantaged 
    business concerns'' means small businesses that are owned and 
    controlled by socially and economically disadvantaged individuals 
    as defined in section 124, of title 13, Code of Federal 
    Regulations.
        (15) Amtrak.--The term ``Amtrak'' means the National Railroad 
    Passenger Corporation.
SEC. 1502. OVERSIGHT AND GRANT PROCEDURES.
    (a) Secretarial Oversight.--The Secretary, in coordination with 
Secretary of Transportation for grants awarded to Amtrak, shall 
establish necessary procedures, including monitoring and audits, to 
ensure that grants made under this title are expended in accordance 
with the purposes of this title and the priorities and other criteria 
developed by the Secretary.
    (b) Additional Audits and Reviews.--The Secretary, and the 
Secretary of Transportation for grants awarded to Amtrak, may award 
contracts to undertake additional audits and reviews of the safety, 
security, procurement, management, and financial compliance of a 
recipient of amounts under this title.
    (c) Procedures for Grant Award.--Not later than 180 days after the 
date of enactment of this Act, the Secretary shall prescribe procedures 
and schedules for the awarding of grants under this title, including 
application and qualification procedures, and a record of decision on 
applicant eligibility. The procedures shall include the execution of a 
grant agreement between the grant recipient and the Secretary and shall 
be consistent, to the extent practicable, with the grant procedures 
established under section 70107(i) and (j) of title 46, United States 
Code.
    (d) Additional Authority.--
        (1) Issuance.--The Secretary may issue non-binding letters of 
    intent to recipients of a grant under this title, to commit funding 
    from future budget authority of an amount, not more than the 
    Federal Government's share of the project's cost, for a capital 
    improvement project.
        (2) Schedule.--The letter of intent under this subsection shall 
    establish a schedule under which the Secretary will reimburse the 
    recipient for the Government's share of the project's costs, as 
    amounts become available, if the recipient, after the Secretary 
    issues that letter, carries out the project without receiving 
    amounts under a grant issued under this title.
        (3) Notice to secretary.--A recipient that has been issued a 
    letter of intent under this section shall notify the Secretary of 
    the recipient's intent to carry out a project before the project 
    begins.
        (4) Notice to congress.--The Secretary shall transmit to the 
    appropriate congressional committees a written notification at 
    least 5 days before the issuance of a letter of intent under this 
    subsection.
        (5) Limitations.--A letter of intent issued under this 
    subsection is not an obligation of the Federal Government under 
    section 1501 of title 31, United States Code, and the letter is not 
    deemed to be an administrative commitment for financing. An 
    obligation or administrative commitment may be made only as amounts 
    are provided in authorization and appropriations laws.
    (e) Return of Misspent Grant Funds.--As part of the grant agreement 
under subsection (c), the Secretary shall require grant applicants to 
return any misspent grant funds received under this title that the 
Secretary considers to have been spent for a purpose other than those 
specified in the grant award. The Secretary shall take all necessary 
actions to recover such funds.
    (f) Congressional Notification.--Not later than 5 days before the 
award of any grant is made under this title, the Secretary shall notify 
the appropriate congressional committees of the intent to award such 
grant.
    (g) Guidelines.--The Secretary shall ensure, to the extent 
practicable, that grant recipients under this title who use contractors 
or subcontractors use small, minority, women-owned, or disadvantaged 
business concerns as contractors or subcontractors when appropriate.
SEC. 1503. AUTHORIZATION OF APPROPRIATIONS.
    (a) Transportation Security Administration Authorization.--Section 
114 of title 49, United States Code, as amended by section 1302 of this 
Act, is further amended by adding at the end the following:
    ``(w) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for--
        ``(1) railroad security--
            ``(A) $488,000,000 for fiscal year 2008;
            ``(B) $483,000,000 for fiscal year 2009;
            ``(C) $508,000,000 for fiscal year 2010; and
            ``(D) $508,000,000 for fiscal year 2011;
        ``(2) over-the-road bus and trucking security--
            ``(A) $14,000,000 for fiscal year 2008;
            ``(B) $27,000,000 for fiscal year 2009;
            ``(C) $27,000,000 for fiscal year 2010; and
            ``(D) $27,000,000 for fiscal year 2011; and
        ``(3) hazardous material and pipeline security--
            ``(A) $12,000,000 for fiscal year 2008;
            ``(B) $12,000,000 for fiscal year 2009; and
            ``(C) $12,000,000 for fiscal year 2010.''.
    (b) Department of Transportation.--There are authorized to be 
appropriated to the Secretary of Transportation to carry out section 
1515--
        (1) $38,000,000 for fiscal year 2008;
        (2) $40,000,000 for fiscal year 2009;
        (3) $55,000,000 for fiscal year 2010; and
        (4) $70,000,000 for fiscal year 2011.
SEC. 1504. PUBLIC AWARENESS.
    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall develop a national plan for railroad and over-the-
road bus security public outreach and awareness. Such a plan shall be 
designed to increase awareness of measures that the general public, 
passengers, and employees of railroad carriers and over-the-road bus 
operators can take to increase the security of the national railroad 
and over-the-road bus transportation systems. Such a plan shall also 
provide outreach to railroad carriers and over-the-road bus operators 
and their employees to improve their awareness of available 
technologies, ongoing research and development efforts, and available 
Federal funding sources to improve security. Not later than 9 months 
after the date of enactment of this Act, the Secretary shall implement 
the plan developed under this section.

                     Subtitle B--Railroad Security

SEC. 1511. RAILROAD TRANSPORTATION SECURITY RISK ASSESSMENT AND 
NATIONAL STRATEGY.
    (a) Risk Assessment.--The Secretary shall establish a Federal task 
force, including the Transportation Security Administration and other 
agencies within the Department, the Department of Transportation, and 
other appropriate Federal agencies, to complete, within 6 months of the 
date of enactment of this Act, a nationwide risk assessment of a 
terrorist attack on railroad carriers. The assessment shall include--
        (1) a methodology for conducting the risk assessment, including 
    timelines, that addresses how the Department will work with the 
    entities described in subsection (c) and make use of existing 
    Federal expertise within the Department, the Department of 
    Transportation, and other appropriate agencies;
        (2) identification and evaluation of critical assets and 
    infrastructure, including tunnels used by railroad carriers in 
    high-threat urban areas;
        (3) identification of risks to those assets and infrastructure;
        (4) identification of risks that are specific to the 
    transportation of hazardous materials via railroad;
        (5) identification of risks to passenger and cargo security, 
    transportation infrastructure protection systems, operations, 
    communications systems, and any other area identified by the 
    assessment;
        (6) an assessment of employee training and emergency response 
    planning;
        (7) an assessment of public and private operational recovery 
    plans, taking into account the plans for the maritime sector 
    required under section 70103 of title 46, United States Code, to 
    expedite, to the maximum extent practicable, the return of an 
    adversely affected railroad transportation system or facility to 
    its normal performance level after a major terrorist attack or 
    other security event on that system or facility; and
        (8) an account of actions taken or planned by both public and 
    private entities to address identified railroad security issues and 
    an assessment of the effective integration of such actions.
    (b) National Strategy.--
        (1) Requirement.--Not later than 9 months after the date of 
    enactment of this Act and based upon the assessment conducted under 
    subsection (a), the Secretary, consistent with and as required by 
    section 114(t) of title 49, United States Code, shall develop and 
    implement the modal plan for railroad transportation, entitled the 
    ``National Strategy for Railroad Transportation Security''.
        (2) Contents.--The modal plan shall include prioritized goals, 
    actions, objectives, policies, mechanisms, and schedules for, at a 
    minimum--
            (A) improving the security of railroad tunnels, railroad 
        bridges, railroad switching and car storage areas, other 
        railroad infrastructure and facilities, information systems, 
        and other areas identified by the Secretary as posing 
        significant railroad-related risks to public safety and the 
        movement of interstate commerce, taking into account the impact 
        that any proposed security measure might have on the provision 
        of railroad service or on operations served or otherwise 
        affected by railroad service;
            (B) deploying equipment and personnel to detect security 
        threats, including those posed by explosives and hazardous 
        chemical, biological, and radioactive substances, and any 
        appropriate countermeasures;
            (C) consistent with section 1517, training railroad 
        employees in terrorism prevention, preparedness, passenger 
        evacuation, and response activities;
            (D) conducting public outreach campaigns for railroads 
        regarding security, including educational initiatives designed 
        to inform the public on how to prevent, prepare for, respond 
        to, and recover from a terrorist attack on railroad 
        transportation;
            (E) providing additional railroad security support for 
        railroads at high or severe threat levels of alert;
            (F) ensuring, in coordination with freight and intercity 
        and commuter passenger railroads, the continued movement of 
        freight and passengers in the event of an attack affecting the 
        railroad system, including the possibility of rerouting traffic 
        due to the loss of critical infrastructure, such as a bridge, 
        tunnel, yard, or station;
            (G) coordinating existing and planned railroad security 
        initiatives undertaken by the public and private sectors;
            (H) assessing--
                (i) the usefulness of covert testing of railroad 
            security systems;
                (ii) the ability to integrate security into 
            infrastructure design; and
                (iii) the implementation of random searches of 
            passengers and baggage; and
            (I) identifying the immediate and long-term costs of 
        measures that may be required to address those risks and public 
        and private sector sources to fund such measures.
        (3) Responsibilities.--The Secretary shall include in the modal 
    plan a description of the roles, responsibilities, and authorities 
    of Federal, State, and local agencies, government-sponsored 
    entities, tribal governments, and appropriate stakeholders 
    described in subsection (c). The plan shall also include--
            (A) the identification of, and a plan to address, gaps and 
        unnecessary overlaps in the roles, responsibilities, and 
        authorities described in this paragraph;
            (B) a methodology for how the Department will work with the 
        entities described in subsection (c), and make use of existing 
        Federal expertise within the Department, the Department of 
        Transportation, and other appropriate agencies;
            (C) a process for facilitating security clearances for the 
        purpose of intelligence and information sharing with the 
        entities described in subsection (c), as appropriate;
            (D) a strategy and timeline, coordinated with the research 
        and development program established under section 1518, for the 
        Department, the Department of Transportation, other appropriate 
        Federal agencies and private entities to research and develop 
        new technologies for securing railroad systems; and
            (E) a process for coordinating existing or future security 
        strategies and plans for railroad transportation, including the 
        National Infrastructure Protection Plan required by Homeland 
        Security Presidential Directive-7; Executive Order No. 13416: 
        ``Strengthening Surface Transportation Security'' dated 
        December 5, 2006; the Memorandum of Understanding between the 
        Department and the Department of Transportation on Roles and 
        Responsibilities dated September 28, 2004, and any and all 
        subsequent annexes to this Memorandum of Understanding, and any 
        other relevant agreements between the two Departments.
    (c) Consultation With Stakeholders.--In developing the National 
Strategy required under this section, the Secretary shall consult with 
railroad management, nonprofit employee organizations representing 
railroad employees, owners or lessors of railroad cars used to 
transport hazardous materials, emergency responders, offerors of 
security-sensitive materials, public safety officials, and other 
relevant parties.
    (d) Adequacy of Existing Plans and Strategies.--In developing the 
risk assessment and National Strategy required under this section, the 
Secretary shall utilize relevant existing plans, strategies, and risk 
assessments developed by the Department or other Federal agencies, 
including those developed or implemented pursuant to section 114(t) of 
title 49, United States Code, or Homeland Security Presidential 
Directive-7, and, as appropriate, assessments developed by other public 
and private stakeholders.
    (e) Report.--
        (1) Contents.--Not later than 1 year after the date of 
    enactment of this Act, the Secretary shall transmit to the 
    appropriate congressional committees a report containing--
            (A) the assessment and the National Strategy required by 
        this section; and
            (B) an estimate of the cost to implement the National 
        Strategy.
        (2) Format.--The Secretary may submit the report in both 
    classified and redacted formats if the Secretary determines that 
    such action is appropriate or necessary.
    (f) Annual Updates.--Consistent with the requirements of section 
114(t) of title 49, United States Code, the Secretary shall update the 
assessment and National Strategy each year and transmit a report, which 
may be submitted in both classified and redacted formats, to the 
appropriate congressional committees containing the updated assessment 
and recommendations.
    (g) Funding.--Out of funds appropriated pursuant to section 114(w) 
of title 49, United States Code, as amended by section 1503 of this 
title, there shall be made available to the Secretary to carry out this 
section $5,000,000 for fiscal year 2008.
SEC. 1512. RAILROAD CARRIER ASSESSMENTS AND PLANS.
    (a) In General.--Not later than 12 months after the date of 
enactment of this Act, the Secretary shall issue regulations that--
        (1) require each railroad carrier assigned to a high-risk tier 
    under this section to--
            (A) conduct a vulnerability assessment in accordance with 
        subsections (c) and (d); and
            (B) to prepare, submit to the Secretary for approval, and 
        implement a security plan in accordance with this section that 
        addresses security performance requirements; and
        (2) establish standards and guidelines, based on and consistent 
    with the risk assessment and National Strategy for Railroad 
    Transportation Security developed under section 1511, for 
    developing and implementing the vulnerability assessments and 
    security plans for railroad carriers assigned to high-risk tiers.
    (b) Non High-Risk Programs.--The Secretary may establish a security 
program for railroad carriers not assigned to a high-risk tier, 
including--
        (1) guidance for such carriers in conducting vulnerability 
    assessments and preparing and implementing security plans, as 
    determined appropriate by the Secretary; and
        (2) a process to review and approve such assessments and plans, 
    as appropriate.
    (c) Deadline for Submission.--Not later than 9 months after the 
date of issuance of the regulations under subsection (a), the 
vulnerability assessments and security plans required by such 
regulations for railroad carriers assigned to a high-risk tier shall be 
completed and submitted to the Secretary for review and approval.
    (d) Vulnerability Assessments.--
        (1) Requirements.--The Secretary shall provide technical 
    assistance and guidance to railroad carriers in conducting 
    vulnerability assessments under this section and shall require that 
    each vulnerability assessment of a railroad carrier assigned to a 
    high-risk tier under this section, include, as applicable--
            (A) identification and evaluation of critical railroad 
        carrier assets and infrastructure, including platforms, 
        stations, intermodal terminals, tunnels, bridges, switching and 
        storage areas, and information systems as appropriate;
            (B) identification of the vulnerabilities to those assets 
        and infrastructure;
            (C) identification of strengths and weaknesses in--
                (i) physical security;
                (ii) passenger and cargo security, including the 
            security of security-sensitive materials being transported 
            by railroad or stored on railroad property;
                (iii) programmable electronic devices, computers, or 
            other automated systems which are used in providing the 
            transportation;
                (iv) alarms, cameras, and other protection systems;
                (v) communications systems and utilities needed for 
            railroad security purposes, including dispatching and 
            notification systems;
                (vi) emergency response planning;
                (vii) employee training; and
                (viii) such other matters as the Secretary determines 
            appropriate; and
            (D) identification of redundant and backup systems required 
        to ensure the continued operation of critical elements of a 
        railroad carrier's system in the event of an attack or other 
        incident, including disruption of commercial electric power or 
        communications network.
        (2) Threat information.--The Secretary shall provide in a 
    timely manner to the appropriate employees of a railroad carrier, 
    as designated by the railroad carrier, threat information that is 
    relevant to the carrier when preparing and submitting a 
    vulnerability assessment and security plan, including an assessment 
    of the most likely methods that could be used by terrorists to 
    exploit weaknesses in railroad security.
    (e) Security Plans.--
        (1) Requirements.--The Secretary shall provide technical 
    assistance and guidance to railroad carriers in preparing and 
    implementing security plans under this section, and shall require 
    that each security plan of a railroad carrier assigned to a high-
    risk tier under this section include, as applicable--
            (A) identification of a security coordinator having 
        authority--
                (i) to implement security actions under the plan;
                (ii) to coordinate security improvements; and
                (iii) to receive immediate communications from 
            appropriate Federal officials regarding railroad security;
            (B) a list of needed capital and operational improvements;
            (C) procedures to be implemented or used by the railroad 
        carrier in response to a terrorist attack, including evacuation 
        and passenger communication plans that include individuals with 
        disabilities as appropriate;
            (D) identification of steps taken with State and local law 
        enforcement agencies, emergency responders, and Federal 
        officials to coordinate security measures and plans for 
        response to a terrorist attack;
            (E) a strategy and timeline for conducting training under 
        section 1517;
            (F) enhanced security measures to be taken by the railroad 
        carrier when the Secretary declares a period of heightened 
        security risk;
            (G) plans for providing redundant and backup systems 
        required to ensure the continued operation of critical elements 
        of the railroad carrier's system in the event of a terrorist 
        attack or other incident;
            (H) a strategy for implementing enhanced security for 
        shipments of security-sensitive materials, including plans for 
        quickly locating and securing such shipments in the event of a 
        terrorist attack or security incident; and
            (I) such other actions or procedures as the Secretary 
        determines are appropriate to address the security of railroad 
        carriers.
        (2) Security coordinator requirements.--The Secretary shall 
    require that the individual serving as the security coordinator 
    identified in paragraph (1)(A) is a citizen of the United States. 
    The Secretary may waive this requirement with respect to an 
    individual if the Secretary determines that it is appropriate to do 
    so based on a background check of the individual and a review of 
    the consolidated terrorist watchlist.
        (3) Consistency with other plans.--The Secretary shall ensure 
    that the security plans developed by railroad carriers under this 
    section are consistent with the risk assessment and National 
    Strategy for Railroad Transportation Security developed under 
    section 1511.
    (f) Deadline for Review Process.--Not later than 6 months after 
receiving the assessments and plans required under this section, the 
Secretary shall--
        (1) review each vulnerability assessment and security plan 
    submitted to the Secretary in accordance with subsection (c);
        (2) require amendments to any security plan that does not meet 
    the requirements of this section; and
        (3) approve any vulnerability assessment or security plan that 
    meets the requirements of this section.
    (g) Interim Security Measures.--The Secretary may require railroad 
carriers, during the period before the deadline established under 
subsection (c), to submit a security plan under subsection (e) to 
implement any necessary interim security measures essential to 
providing adequate security of the railroad carrier's system. An 
interim plan required under this subsection will be 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 representation 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 1 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 1 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 1 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 1 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 1 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 3-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 3 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 
subsection (a) in no more than 3 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 30 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 counter-
    proliferation 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 
designated 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 activities underway, 
    including the participants, goals, expected duration, and amount 
    and sources of funding, including resources provided to support the 
    activities in lieu of direct funding.
    ``(f) Animal and Zoonotic Diseases.--As part of the international 
cooperative activities authorized in this section, the Under Secretary, 
in coordination with the Chief Medical Officer, the Department of 
State, and appropriate officials of the Department of Agriculture, the 
Department of Defense, and the Department of Health and Human Services, 
may enter into cooperative activities with foreign countries, including 
African nations, to strengthen American preparedness against foreign 
animal and zoonotic diseases overseas that could harm the Nation's 
agricultural and public health sectors if they were to reach the United 
States.
    ``(g) Construction; Authorities of the Secretary of State.--Nothing 
in this section shall be construed to alter or affect the following 
provisions of law:
        ``(1) Title V of the Foreign Relations Authorization Act, 
    Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
        ``(2) Section 112b(c) of title 1, United States Code.
        ``(3) Section 1(e)(2) of the State Department Basic Authorities 
    Act of 1956 (22 U.S.C. 2651a(e)(2)).
        ``(4) Sections 2 and 27 of the Arms Export Control Act (22 
    U.S.C. 2752 and 22 U.S.C. 2767).
        ``(5) Section 622(c) of the Foreign Assistance Act of 1961 (22 
    U.S.C. 2382(c)).
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary.''.
        (2) Technical and conforming amendment.--The table of contents 
    in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 
    et seq.) is amended by inserting after the item relating to section 
    316, as added by section 1101 of this Act, the following:

``Sec. 317. Promoting antiterrorism through international cooperation 
          program.''.
SEC. 1902. TRANSPARENCY OF FUNDS.
    For each Federal award (as that term is defined in section 2 of the 
Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 
6101 note)) under this title or an amendment made by this title, the 
Director of the Office of Management and Budget shall ensure full and 
timely compliance with the requirements of the Federal Funding 
Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).

         TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

SEC. 2001. SHORT TITLE.
    This title may be cited as the ``9/11 Commission International 
Implementation Act of 2007''.
SEC. 2002. DEFINITION.
    In this title, except as otherwise provided, the term ``appropriate 
congressional committees''--
        (1) means--
            (A) the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives; and
            (B) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate; and
        (2) includes, for purposes of subtitle D, the Committees on 
    Armed Services of the House of Representatives and of the Senate.

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

SEC. 2011. FINDINGS; POLICY.
    (a) Findings.--Congress makes the following findings:
        (1) The report of the National Commission on Terrorist Attacks 
    Upon the United States stated that ``[e]ducation that teaches 
    tolerance, the dignity and value of each individual, and respect 
    for different beliefs is a key element in any global strategy to 
    eliminate Islamist terrorism''.
        (2) The report of the National Commission on Terrorist Attacks 
    Upon the United States concluded that ensuring educational 
    opportunity is essential to the efforts of the United States to 
    defeat global terrorism and recommended that the United States 
    Government ``should offer to join with other nations in generously 
    supporting [spending funds] . . . directly for building and 
    operating primary and secondary schools in those Muslim states that 
    commit to sensibly investing their own money in public education''.
        (3) While Congress endorsed such a program in the Intelligence 
    Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), 
    such a program has not been established.
    (b) Policy.--It is the policy of the United States--
        (1) to work toward the goal of dramatically increasing the 
    availability of modern basic education through public schools in 
    predominantly Muslim countries, which will reduce the influence of 
    radical madrassas and other institutions that promote religious 
    extremism;
        (2) to join with other countries in generously supporting the 
    International Muslim Youth Opportunity Fund authorized under 
    section 7114 of the Intelligence Reform and Terrorism Prevention 
    Act of 2004, as amended by section 2012 of this Act, with the goal 
    of building and supporting public primary and secondary schools in 
    predominantly Muslim countries that commit to sensibly investing 
    the resources of such countries in modern public education;
        (3) to offer additional incentives to increase the availability 
    of modern basic education in predominantly Muslim countries; and
        (4) to work to prevent financing of educational institutions 
    that support radical Islamic fundamentalism.
SEC. 2012. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.
    Section 7114 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (22 U.S.C. 2228) is amended to read as follows:
``SEC. 7114. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.
    ``(a) Purpose.--The purpose of this section is to strengthen the 
public educational systems in predominantly Muslim countries by--
        ``(1) authorizing the establishment of an International Muslim 
    Youth Educational Fund through which the United States dedicates 
    resources, either through a separate fund or through an 
    international organization, to assist those countries that commit 
    to education reform; and
        ``(2) providing resources for the Fund and to the President to 
    help strengthen the public educational systems in those countries.
    ``(b) Establishment of Fund.--
        ``(1) Authority.--The President is authorized to establish an 
    International Muslim Youth Opportunity Fund and to carry out 
    programs consistent with paragraph (4) under existing authorities, 
    including the Mutual Educational and Cultural Exchange Act of 1961 
    (commonly referred to as the `Fulbright-Hays Act').
        ``(2) Location.--The Fund may be established--
            ``(A) as a separate fund in the Treasury; or
            ``(B) through an international organization or 
        international financial institution, such as the United Nations 
        Educational, Science and Cultural Organization, the United 
        Nations Development Program, or the International Bank for 
        Reconstruction and Development.
        ``(3) Transfers and receipts.--The head of any department, 
    agency, or instrumentality of the United States Government may 
    transfer any amount to the Fund, and the Fund may receive funds 
    from private enterprises, foreign countries, or other entities.
        ``(4) Activities of the fund.--The Fund shall support programs 
    described in this paragraph to improve the education environment in 
    predominantly Muslim countries.
            ``(A) Assistance to enhance modern educational programs.--
                ``(i) The establishment in predominantly Muslim 
            countries of a program of reform to create a modern 
            education curriculum in the public educational systems in 
            such countries.
                ``(ii) The establishment or modernization of 
            educational materials to advance a modern educational 
            curriculum in such systems.
                ``(iii) Teaching English to adults and children.
                ``(iv) The enhancement in predominantly Muslim 
            countries of community, family, and student participation 
            in the formulation and implementation of education 
            strategies and programs in such countries.
            ``(B) Assistance for training and exchange programs for 
        teachers, administrators, and students.--
                ``(i) The establishment of training programs for 
            teachers and educational administrators to enhance skills, 
            including the establishment of regional centers to train 
            individuals who can transfer such skills upon return to 
            their countries.
                ``(ii) The establishment of exchange programs for 
            teachers and administrators in predominantly Muslim 
            countries and with other countries to stimulate additional 
            ideas and reform throughout the world, including teacher 
            training exchange programs focused on primary school 
            teachers in such countries.
                ``(iii) The establishment of exchange programs for 
            primary and secondary students in predominantly Muslim 
            countries and with other countries to foster understanding 
            and tolerance and to stimulate long-standing relationships.
            ``(C) Assistance targeting primary and secondary 
        students.--
                ``(i) The establishment in predominantly Muslim 
            countries of after-school programs, civic education 
            programs, and education programs focusing on life skills, 
            such as inter-personal skills and social relations and 
            skills for healthy living, such as nutrition and physical 
            fitness.
                ``(ii) The establishment in predominantly Muslim 
            countries of programs to improve the proficiency of primary 
            and secondary students in information technology skills.
            ``(D) Assistance for development of youth professionals.--
                ``(i) The establishment of programs in predominantly 
            Muslim countries to improve vocational training in trades 
            to help strengthen participation of Muslims and Arabs in 
            the economic development of their countries.
                ``(ii) The establishment of programs in predominantly 
            Muslim countries that target older Muslim youths not in 
            school in such areas as entrepreneurial skills, accounting, 
            micro-finance activities, work training, financial 
            literacy, and information technology.
            ``(E) Other types of assistance.--
                ``(i) The translation of foreign books, newspapers, 
            reference guides, and other reading materials into local 
            languages.
                ``(ii) The construction and equipping of modern 
            community and university libraries.
        ``(5) Authorization of appropriations.--
            ``(A) In general.--There is authorized to be appropriated 
        to the President to carry out this section such sums as may be 
        necessary for fiscal years 2008, 2009, and 2010.
            ``(B) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under subsection (a) are 
        authorized to remain available until expended.
            ``(C) Additional funds.--Amounts authorized to be 
        appropriated under subsection (a) shall be in addition to 
        amounts otherwise available for such purposes.
        ``(6) Report to congress.--Not later than 180 days after the 
    date of the enactment of this section and annually thereafter until 
    January 30, 2010, the President shall submit to the appropriate 
    congressional committees a report on United States efforts to 
    assist in the improvement of educational opportunities for 
    predominantly Muslim children and youths, including the progress 
    made toward establishing the International Muslim Youth Opportunity 
    Fund.
        ``(7) Appropriate congressional committees defined.--In this 
    subsection, the term `appropriate congressional committees' means 
    the Committee on Foreign Affairs and the Committee on 
    Appropriations of the House of Representatives and the Committee on 
    Foreign Relations and the Committee on Appropriations of the 
    Senate.''.
SEC. 2013. ANNUAL REPORT TO CONGRESS.
    (a) In General.--Not later than June 1 of each year until December 
31, 2009, the Secretary of State shall submit to the appropriate 
congressional committees a report on the efforts of predominantly 
Muslim countries to increase the availability of modern basic education 
and to close educational institutions that promote religious extremism 
and terrorism.
    (b) Contents.--Each report shall include--
        (1) a list of predominantly Muslim countries that are making 
    serious and sustained efforts to improve the availability of modern 
    basic education and to close educational institutions that promote 
    religious extremism and terrorism;
        (2) a list of such countries that are making efforts to improve 
    the availability of modern basic education and to close educational 
    institutions that promote religious extremism and terrorism, but 
    such efforts are not serious and sustained;
        (3) a list of such countries that are not making efforts to 
    improve the availability of modern basic education and to close 
    educational institutions that promote religious extremism and 
    terrorism; and
        (4) an assessment for each country specified in each of 
    paragraphs (1), (2), and (3) of the role of United States 
    assistance with respect to the efforts made or not made to improve 
    the availability of modern basic education and close educational 
    institutions that promote religious extremism and terrorism.
SEC. 2014. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED 
SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
    (a) Findings.--Congress finds the following:
        (1) Section 7113 of the Intelligence Reform and Terrorism 
    Prevention Act of 2004 (Public Law 108-458; 22 U.S.C. 2452 note) 
    authorized the establishment of a pilot program to provide grants 
    to American-sponsored schools in predominantly Muslim countries so 
    that such schools could provide scholarships to young people from 
    lower-income and middle-income families in such countries to attend 
    such schools, where they could improve their English and be exposed 
    to a modern education.
        (2) Since the date of the enactment of that section, the Middle 
    East Partnership Initiative has pursued implementation of that 
    program.
    (b) Extension of Program.--
        (1) In general.--Section 7113 of the Intelligence Reform and 
    Terrorism Prevention Act of 2004 is amended--
            (A) in the section heading by striking ``pilot''; and
            (B) in subsection (c)--
                (i) in the subsection heading, by striking ``Pilot''; 
            and
                (ii) by striking ``pilot'';
            (C) in subsection (d), by striking ``pilot'' each place it 
        appears;
            (D) in subsection (f) by striking ``pilot'';
            (E) in subsection (g), in the first sentence--
                (i) by inserting ``and April 15, 2008,'' after ``April 
            15, 2006,''; and
                (ii) by striking ``pilot''; and
            (F) in subsection (h)--
                (i) by striking ``2005 and 2006'' and inserting ``2007 
            and 2008''; and
                (ii) by striking ``pilot''.
        (2) Conforming amendment.--Section 1(b) of such Act is amended, 
    in the table of contents, by striking the item relating to section 
    7113 and inserting after section 7112 the following new item:

``7113. 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.
    (a) Purposes.--The purposes of this section are to support, through 
the provision of grants, technical assistance, training, and other 
programs, in the countries of the broader Middle East region, the 
expansion of--
        (1) civil society;
        (2) opportunities for political participation for all citizens;
        (3) protections for internationally recognized human rights, 
    including the rights of women;
        (4) educational system reforms;
        (5) independent media;
        (6) policies that promote economic opportunities for citizens;
        (7) the rule of law; and
        (8) democratic processes of government.
    (b) Middle East Foundation.--
        (1) Designation.--The Secretary of State is authorized to 
    designate an appropriate private, nonprofit organization that is 
    organized or incorporated under the laws of the United States or of 
    a State as the Middle East Foundation (referred to in this section 
    as the ``Foundation'').
        (2) Funding.--
            (A) Authority.--The Secretary of State is authorized to 
        provide funding to the Foundation through the Middle East 
        Partnership Initiative of the Department of State. 
        Notwithstanding any other provision of law, the Foundation 
        shall use amounts provided under this paragraph to carry out 
        the purposes specified in subsection (a), including through 
        making grants, using such funds as an endowment, and providing 
        other assistance to entities to carry out programs for such 
        purposes.
            (B) Funding from other sources.--In determining the amount 
        of funding to provide to the Foundation, the Secretary of State 
        shall take into consideration the amount of funds that the 
        Foundation has received from sources other than the United 
        States Government.
        (3) Notification to congressional committees.--The Secretary of 
    State shall notify the appropriate congressional committees of the 
    designation of an appropriate organization as the Foundation.
    (c) Grants for Projects.--
        (1) Foundation to make grants.--The Secretary of State shall 
    enter into an agreement with the Foundation that requires the 
    Foundation to use the funds provided under subsection (b)(2) to 
    make grants to persons or entities (other than governments or 
    government entities) located in the broader Middle East region or 
    working with local partners based in the broader Middle East region 
    to carry out projects that support the purposes specified in 
    subsection (a).
        (2) Center for public policy.--Under the agreement described in 
    paragraph (1), the Foundation may make a grant to an institution of 
    higher education located in the broader Middle East region to 
    create a center for public policy for the purpose of permitting 
    scholars and professionals from the countries of the broader Middle 
    East region and from other countries, including the United States, 
    to carry out research, training programs, and other activities to 
    inform public policymaking in the broader Middle East region and to 
    promote broad economic, social, and political reform for the people 
    of the broader Middle East region.
        (3) Applications for grants.--An entity seeking a grant from 
    the Foundation under this section shall submit an application to 
    the head of the Foundation at such time, in such manner, and 
    containing such information as the head of the Foundation may 
    reasonably require.
    (d) Private Character of the Foundation.--Nothing in this section 
shall be construed to--
        (1) make the Foundation an agency or establishment of the 
    United States Government, or to make the officers or employees of 
    the Foundation officers or employees of the United States for 
    purposes of title 5, United States Code; or
        (2) impose any restriction on the Foundation's acceptance of 
    funds from private and public sources in support of its activities 
    consistent with the purposes specified in subsection (a).
    (e) Limitation on Payments to Foundation Personnel.--No part of the 
funds provided to the Foundation under this section shall inure to the 
benefit of any officer or employee of the Foundation, except as salary 
or reasonable compensation for services.
    (f) Retention of Interest.--The Foundation may hold funds provided 
under this section in interest-bearing accounts prior to the 
disbursement of such funds to carry out the purposes specified in 
subsection (a), and may retain for such purposes any interest earned 
without returning such interest to the Treasury of the United States. 
The Foundation may retain and use such funds as an endowment to carry 
out the purposes specified in subsection (a).
    (g) Financial Accountability.--
        (1) Independent private audits of the foundation.--The accounts 
    of the Foundation shall be audited annually in accordance with 
    generally accepted auditing standards by independent certified 
    public accountants or independent licensed public accountants 
    certified or licensed by a regulatory authority of a State or other 
    political subdivision of the United States. The report of the 
    independent audit shall be included in the annual report required 
    by subsection (h).
        (2) GAO audits.--The financial transactions undertaken pursuant 
    to this section by the Foundation may be audited by the Government 
    Accountability Office in accordance with such principles and 
    procedures and under such rules and regulations as may be 
    prescribed by the Comptroller General of the United States.
        (3) Audits of grant recipients.--
            (A) In general.--A recipient of a grant from the Foundation 
        shall agree to permit an audit of the books and records of such 
        recipient related to the use of the grant funds.
            (B) Recordkeeping.--Such recipient shall maintain 
        appropriate books and records to facilitate an audit referred 
        to in subparagraph (A), including--
                (i) separate accounts with respect to the grant funds;
                (ii) records that fully disclose the use of the grant 
            funds;
                (iii) records describing the total cost of any project 
            carried out using grant funds; and
                (iv) the amount and nature of any funds received from 
            other sources that were combined with the grant funds to 
            carry out a project.
    (h) Annual Reports.--Not later than January 31, 2008, and annually 
thereafter, the Foundation shall submit to the appropriate 
congressional committees and make available to the public a report that 
includes, for the fiscal year prior to the fiscal year in which the 
report is submitted, a comprehensive and detailed description of--
        (1) the operations and activities of the Foundation that were 
    carried out using funds provided under this section;
        (2) grants made by the Foundation to other entities with funds 
    provided under this section;
        (3) other activities of the Foundation to further the purposes 
    specified in subsection (a); and
        (4) the financial condition of the Foundation.
    (i) Broader Middle East Region Defined.--In this section, the term 
``broader Middle East region'' means Afghanistan, Algeria, Bahrain, 
Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, 
Pakistan, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, 
West Bank and Gaza, and Yemen.
    (j) Repeal.--Section 534(k) of Public Law 109-102 is repealed.

         Subtitle C--Reaffirming United States Moral Leadership

SEC. 2031. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC DIPLOMACY.
    (a) Finding.--Congress finds that the report of the National 
Commission on Terrorist Attacks Upon the United States stated that 
``Recognizing that Arab and Muslim audiences rely on satellite 
television and radio, the government has begun some promising 
initiatives in television and radio broadcasting to the Arab world, 
Iran, and Afghanistan. These efforts are beginning to reach large 
audiences. The Broadcasting Board of Governors has asked for much 
larger resources. It should get them.''.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) the United States needs to improve its communication of 
    information and ideas to people in foreign countries, particularly 
    in countries with significant Muslim populations; and
        (2) public diplomacy should reaffirm the paramount commitment 
    of the United States to democratic principles, including preserving 
    the civil liberties of all the people of the United States, 
    including Muslim-Americans.
    (c) Special Authority for Surge Capacity.--The United States 
International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is 
amended by adding at the end the following new section:
    ``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.
    ``(a) Emergency Authority.--
        ``(1) In general.--Whenever the President determines it to be 
    important to the national interests of the United States and so 
    certifies to the appropriate congressional committees, the 
    President, on such terms and conditions as the President may 
    determine, is authorized to direct any department, agency, or other 
    entity of the United States to furnish the Broadcasting Board of 
    Governors with such assistance outside the United States as may be 
    necessary to provide international broadcasting activities of the 
    United States with a surge capacity to support United States 
    foreign policy objectives during a crisis abroad.
        ``(2) Supersedes existing law.--The authority of paragraph (1) 
    shall supersede any other provision of law.
        ``(3) Surge capacity defined.--In this subsection, the term 
    `surge capacity' means the financial and technical resources 
    necessary to carry out broadcasting activities in a geographical 
    area during a crisis abroad.
        ``(4) Duration.--The President is authorized to exercise the 
    authority provided in subsection (a)(1) for a period of up to six 
    months, which may be renewed for one additional six month period.
    ``(b) Authorization of Appropriations.--
        ``(1) In general.--There are authorized to be appropriated to 
    the President such sums as may be necessary for the President to 
    carry out this section, except that no such amount may be 
    appropriated which, when added to amounts previously appropriated 
    for such purpose but not yet obligated, would cause such amounts to 
    exceed $25,000,000.
        ``(2) Availability of funds.--Amounts appropriated pursuant to 
    the authorization of appropriations in this subsection are 
    authorized to remain available until expended.
        ``(3) Designation of appropriations.--Amounts appropriated 
    pursuant to the authorization of appropriations in this subsection 
    may be referred to as the `United States International Broadcasting 
    Surge Capacity Fund'.
    ``(c) Report.--The annual report submitted to the President and 
Congress by the Broadcasting Board of Governors under section 305(a)(9) 
shall provide a detailed description of any activities carried out 
under this section.''.
SEC. 2032. OVERSIGHT OF INTERNATIONAL BROADCASTING.
    (a) Transcription of Persian and Arabic Language Broadcasts.--Not 
later than 90 days after the date of the enactment of this Act, the 
Broadcasting Board of Governors shall initiate a pilot project to 
transcribe into the English language news and information programming 
broadcast by Radio Farda, Radio Sawa, the Persian Service of the Voice 
of America, and Alhurra.
    (b) Random Sampling; Public Availability.--The transcription 
required under subsection (a) shall consist of a random sampling of 
such programming. The transcripts shall be available to Congress and 
the public on the Internet site of the Board.
    (c) Report.--Not later than May 1, 2008, the Chairman of the 
Broadcasting Board of Governors shall submit to the Committee on 
Foreign Affairs of the House of Representatives and Committee on 
Foreign Relations of the Senate a report on the feasibility and utility 
of continuing the pilot project required under subsection (a).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the ``International Broadcasting Operations'' account 
of the Broadcasting Board of Governors $2,000,000 for fiscal year 2008 
to carry out the pilot project required under subsection (a).
SEC. 2033. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, AND 
LIBRARY PROGRAMS IN PREDOMINANTLY MUSLIM COUNTRIES.
    (a) Report; Certification.--Not later than 30 days after the date 
of the enactment of this Act and every 180 days thereafter until 
December 31, 2009, the Secretary of State shall submit to the 
appropriate congressional committees a report on the recommendations of 
the National Commission on Terrorist Attacks Upon the United States and 
the policy goals described in section 7112 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108-458) for expanding 
United States scholarship, exchange, and library programs in 
predominantly Muslim countries. Such report shall include--
        (1) a certification by the Secretary of State that such 
    recommendations have been implemented; or
        (2) if the Secretary of State is unable to make the 
    certification described in paragraph (1), a description of--
            (A) the steps taken to implement such recommendations and 
        achieve such policy goals;
            (B) when the Secretary of State expects such 
        recommendations to be implemented and such policy goals to be 
        achieved; and
            (C) any allocation of resources or other actions by 
        Congress the Secretary of State considers necessary to 
        implement such recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a report 
under subsection (a) shall terminate when the Secretary of State 
submits a certification pursuant to paragraph (1) of such subsection.
SEC. 2034. UNITED STATES POLICY TOWARD DETAINEES.
    (a) Findings.--Congress finds the following:
        (1) The National Commission on Terrorist Attacks Upon the 
    United States (commonly referred to as the ``9/11 Commission'') 
    declared that the United States ``should work with friends to 
    develop mutually agreed-on principles for the detention and humane 
    treatment of captured international terrorists who are not being 
    held under a particular country's criminal laws'' and recommended 
    that the United States engage its allies ``to develop a common 
    coalition approach toward the detention and humane treatment of 
    captured terrorists''.
        (2) A number of investigations remain ongoing by countries that 
    are close United States allies in the war on terrorism regarding 
    the conduct of officials, employees, and agents of the United 
    States and of other countries related to conduct regarding 
    detainees.
        (3) The Secretary of State has launched an initiative to try to 
    address the differences between the United States and many of its 
    allies regarding the treatment of detainees.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary, acting through the Legal Adviser of the Department of State, 
should continue to build on the Secretary's efforts to engage United 
States allies to develop a common coalition approach, in compliance 
with Common Article 3 of the Geneva Conventions and other applicable 
legal principles, toward the detention and humane treatment of 
individuals detained during Operation Iraqi Freedom, Operation Enduring 
Freedom, or in connection with United States counterterrorist 
operations.
    (c) Reporting to Congress.--
        (1) Briefings.--The Secretary of State shall keep the 
    appropriate congressional committees fully and currently informed 
    of the progress of any discussions between the United States and 
    its allies regarding the development of the common coalition 
    approach described in subsection (b).
        (2) Report.--Not later than 180 days after the date of the 
    enactment of this Act, the Secretary of State, in consultation with 
    the Attorney General and the Secretary of Defense, shall submit to 
    the appropriate congressional committees a report on any progress 
    towards developing the common coalition approach described in 
    subsection (b).
    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
        (1) with respect to the House of Representatives, the Committee 
    on Foreign Affairs, the Committee on Armed Services, the Committee 
    on the Judiciary, and the Permanent Select Committee on 
    Intelligence; and
        (2) with respect to the Senate, the Committee on Foreign 
    Relations, the Committee on Armed Services, the Committee on the 
    Judiciary, and the Select Committee on Intelligence.

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

SEC. 2041. AFGHANISTAN.
    (a) Congressional Findings.--Congress finds the following:
        (1) A democratic, stable, and prosperous Afghanistan is vital 
    to the national security of the United States and to combating 
    international terrorism.
        (2) Following the ouster of the Taliban regime in 2001, the 
    Government of Afghanistan, with assistance from the United States 
    and the international community, has achieved some notable 
    successes, including--
            (A) adopting a constitution;
            (B) holding presidential, parliamentary, and provincial 
        council elections;
            (C) improving the protection of human rights, including 
        women's rights; and
            (D) expanding educational opportunities.
        (3) The following factors pose a serious and immediate threat 
    to the stability of Afghanistan:
            (A) Taliban and anti-government forces, al Qaeda, and 
        criminal networks.
            (B) Drug trafficking and corruption.
            (C) Weak institutions of administration, security, and 
        justice, including pervasive lack of the rule of law.
            (D) Poverty, unemployment, and lack of provision of basic 
        services.
        (4) The United States and the international community must 
    significantly increase political, economic, and military support to 
    Afghanistan to ensure its long-term stability and prosperity, and 
    to deny violent extremist groups such as al Qaeda sanctuary in 
    Afghanistan.
    (b) Statements of Policy.--The following shall be the policies of 
the United States:
        (1) The United States shall vigorously support the people and 
    Government of Afghanistan as they continue to commit to the path 
    toward a government representing and protecting the rights of all 
    Afghans, and shall maintain its long-term commitment to the people 
    of Afghanistan by increased assistance and the continued deployment 
    of United States troops in Afghanistan as long as the Government of 
    Afghanistan supports such United States involvement.
        (2) In order to reduce the ability of the Taliban and al Qaeda 
    to finance their operations through the opium trade, the President 
    shall engage aggressively with the Government of Afghanistan, 
    countries in the region or otherwise influenced by the trade and 
    transit of narcotics, as well as North Atlantic Treaty Organization 
    (NATO) partners of the United States, and in consultation with 
    Congress, to assess the success of the current Afghan counter-
    narcotics strategy and to explore additional options for addressing 
    the narcotics crisis in Afghanistan, including possible changes in 
    rules of engagement for NATO and Coalition forces for participation 
    in actions against narcotics trafficking and kingpins, and the 
    provision of comprehensive assistance to farmers who rely on opium 
    for their livelihood, including through the promotion of 
    alternative crops and livelihoods.
        (3) The United States shall continue to work with and provide 
    assistance to the Government of Afghanistan to strengthen local and 
    national government institutions and the rule of law, including the 
    training of judges and prosecutors, and to train and equip the 
    Afghan National Security Forces.
        (4) The United States shall continue to call on NATO members 
    participating in operations in Afghanistan to meet their 
    commitments to provide forces and equipment, and to lift 
    restrictions on how such forces can be deployed.
        (5) The United States shall continue to foster greater 
    understanding and cooperation between the Governments of 
    Afghanistan and Pakistan by taking the following actions:
            (A) Facilitating greater communication, including through 
        official mechanisms such as the Tripartite Commission and the 
        Joint Intelligence Operations Center, and by promoting other 
        forms of exchange between the parliaments and civil society of 
        the two countries.
            (B) Urging the Government of Afghanistan to enter into a 
        political dialogue with Pakistan with respect to all issues 
        relating to the border between the two countries, with the aim 
        of establishing a mutually-recognized and monitored border, 
        open to human and economic exchange, and with both countries 
        fully responsible for border security.
    (c) Statement of Congress.--Congress strongly urges that the 
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) be 
reauthorized and updated to take into account new developments in 
Afghanistan and in the region so as to demonstrate the continued 
support by the United States for the people and Government of 
Afghanistan.
    (d) Emergency Increase in Effective Police Training and Policing 
Operations.--
        (1) Congressional finding.--Congress finds that police training 
    programs in Afghanistan have achieved far less return on 
    substantial investment to date and require a substantive review and 
    justification of the means and purposes of such assistance, 
    consequent to any provision of additional resources.
        (2) Assistance authorized.--The President shall make increased 
    efforts, on an urgent basis, to--
            (A) dramatically improve the capability and effectiveness 
        of United States and international police trainers, mentors, 
        and police personnel for police training programs in 
        Afghanistan, as well as develop a pretraining screening 
        program;
            (B) increase the numbers of such trainers, mentors, and 
        personnel only if such increase is determined to improve the 
        performance and capabilities of the Afghanistan civil security 
        forces; and
            (C) assist the Government of Afghanistan, in conjunction 
        with the Afghanistan civil security forces and their 
        leadership, in addressing the corruption crisis that is 
        threatening to undermine Afghanistan's future.
        (3) Report.--Not later than 180 days after the date of the 
    enactment of this Act, and every 6 months thereafter until 
    September 30, 2010, the President shall transmit to the appropriate 
    congressional committees a report on United States efforts to 
    fulfill the requirements of this subsection. The report required by 
    this paragraph may be transmitted concurrently with any similar 
    report required by the Afghanistan Freedom Support Act of 2002.
SEC. 2042. PAKISTAN.
    (a) Congressional Findings.--Congress finds the following:
        (1) A democratic, stable, and prosperous Pakistan that is a 
    full and reliable partner in the struggle against the Taliban, al 
    Qaeda, and other terrorist groups, and is a responsible steward of 
    its nuclear weapons and technology, is vital to the national 
    security of the United States.
        (2) Since September 11, 2001, the Government of Pakistan has 
    been a critical ally and an important partner in removing the 
    Taliban regime in Afghanistan and combating al Qaeda.
        (3) Pakistan has made great sacrifices in the shared struggle 
    against al Qaeda-affiliated terrorist groups, engaging in military 
    operations that have led to the deaths of hundreds of Pakistani 
    security personnel and enduring acts of terrorism that have killed 
    hundreds of Pakistani civilians.
        (4) Publicly-stated goals of the Government of Pakistan and the 
    national interests of the United States are in close agreement in 
    many areas, including--
            (A) curbing the proliferation of nuclear weapons 
        technology;
            (B) combating poverty and corruption;
            (C) enabling effective government institutions, including 
        public education;
            (D) promoting democracy and the rule of law, particularly 
        at the national level;
            (E) addressing the continued presence of Taliban and other 
        violent extremist forces throughout the country;
            (F) maintaining the authority of the Government of Pakistan 
        in all parts of its national territory;
            (G) securing the borders of Pakistan to prevent the 
        movement of militants and terrorists into other countries and 
        territories; and
            (H) effectively dealing with violent extremism.
        (5) The opportunity exists for shared effort in helping to 
    achieve correlative goals with the Government of Pakistan, 
    particularly--
            (A) increased United States assistance to Pakistan, as 
        appropriate, to achieve progress in meeting the goals of 
        subparagraphs (A) through (C) of paragraph (4);
            (B) increased commitment on the part of the Government of 
        Pakistan to achieve the goals of paragraph (4)(D), particularly 
        given continued concerns, based on the conduct of previous 
        elections, regarding whether parliamentary elections scheduled 
        for 2007 will be free, fair, and inclusive of all political 
        parties and carried out in full accordance with 
        internationally-recognized democratic norms; and
            (C) increased commitment on the part of the Government of 
        Pakistan to take actions described in paragraph (4)(E), 
        particularly given--
                (i) the continued operation of the Taliban's Quetta 
            shura, as noted by then-North Atlantic Treaty Organization 
            Supreme Allied Commander General James Jones in testimony 
            before the Senate Foreign Relations Committee on September 
            21, 2006; and
                (ii) the continued operation of al Qaeda affiliates 
            Lashkar-e Taiba and Jaish-e Muhammad, sometimes under 
            different names, as demonstrated by the lack of meaningful 
            action taken against Hafiz Muhammad Saeed, Maulana Masood 
            Azhar, and other known leaders and members of such 
            terrorist organizations; and
            (D) increased commitment on the part of the Government of 
        the United States in regard to working with all elements of 
        Pakistan society in helping to achieve the correlative goals 
        described in subparagraphs (A) through (H) of paragraph (4).
    (b) Statements of Policy.--The following shall be the policy of the 
United States:
        (1) To maintain and deepen its friendship and long-term 
    strategic relationship with Pakistan.
        (2) To work with the Government of Pakistan to combat 
    international terrorism, especially in the frontier provinces of 
    Pakistan, and to end the use of Pakistan as a safe haven for 
    terrorist groups, including those associated with al Qaeda or the 
    Taliban.
        (3) To support robust funding for programs of the United States 
    Agency for International Development and the Department of State 
    that assist the Government of Pakistan in working toward the goals 
    described in subsection (a)(4), as the Government of Pakistan 
    demonstrates a clear commitment to building a moderate, democratic 
    state.
        (4) To work with the international community to secure 
    additional financial and political support to effectively implement 
    the policies set forth in this subsection.
        (5) To facilitate a just resolution of the dispute over the 
    territory of Kashmir, to the extent that such facilitation is 
    invited and welcomed by the Governments of Pakistan and India and 
    by the people of Kashmir.
        (6) To facilitate greater communication and cooperation between 
    the Governments of Afghanistan and Pakistan for the improvement of 
    bilateral relations and cooperation in combating terrorism in both 
    countries.
        (7) To work with the Government of Pakistan to dismantle 
    existing proliferation networks and prevent the proliferation of 
    nuclear technology.
    (c) Strategy Relating to Pakistan.--
        (1) Requirement for report on strategy.--Not later than 90 days 
    after the date of the enactment of this Act, the President shall 
    transmit to the appropriate congressional committees a report that 
    describes the long-term strategy of the United States to engage 
    with the Government of Pakistan to achieve the goals described in 
    subparagraphs (A) through (H) of subsection (a)(4) and to carry out 
    the policies described in subsection (b).
        (2) Form.--The report required by paragraph (1) shall be 
    transmitted in unclassified form, but may include a classified 
    annex, if necessary.
    (d) Limitation on United States Security Assistance to Pakistan.--
        (1) Limitation.--For fiscal year 2008, United States assistance 
    under chapter 2 of part II of the Foreign Assistance Act of 1961 
    (22 U.S.C. 2311 et seq.) or section 23 of the Arms Export Control 
    Act (22 U.S.C. 2763) may not be provided to, and a license for any 
    item controlled under the Arms Export Control Act (22 U.S.C. 2751 
    et seq.) may not be approved for, Pakistan until the President 
    transmits to the appropriate congressional committees a report that 
    contains a determination of the President that the Government of 
    Pakistan--
            (A) is committed to eliminating from Pakistani territory 
        any organization such as the Taliban, al Qaeda, or any 
        successor, engaged in military, insurgent, or terrorist 
        activities in Afghanistan;
            (B) is undertaking a comprehensive military, legal, 
        economic, and political campaign to achieving the goal 
        described in subparagraph (A); and
            (C) is currently making demonstrated, significant, and 
        sustained progress toward eliminating support or safe haven for 
        terrorists.
        (2) Memorandum of justification.--The President shall include 
    in the report required by paragraph (1) a memorandum of 
    justification setting forth the basis for the President's 
    determination under paragraph (1).
        (3) Form.--The report required by paragraph (1) and the 
    memorandum of justification required by paragraph (2) shall be 
    transmitted in unclassified form, but may include a classified 
    annex, if necessary.
    (e) Nuclear Proliferation.--
        (1) Congressional finding.--Congress finds that the maintenance 
    by any country of a procurement or supply network for the illicit 
    proliferation of nuclear and missile technologies would be 
    inconsistent with that country being considered an ally of the 
    United States.
        (2) Sense of congress.--It is the sense of Congress that the 
    national security interest of the United States will best be served 
    if the United States develops and implements a long-term strategy 
    to improve the United States relationship with Pakistan and works 
    with the Government of Pakistan to stop nuclear proliferation.
    (f) Authorization of Appropriations.--
        (1) In general.--There is authorized to be appropriated to the 
    President such sums as may be necessary to provide assistance 
    described in subsection (d)(1) for Pakistan for fiscal year 2008 in 
    accordance with the requirements of subsection (d)(1).
        (2) Other funds.--Amounts authorized to be appropriated under 
    this subsection are in addition to amounts otherwise available for 
    such purposes.
        (3) Declaration of policy.--Congress declares that the amount 
    of funds appropriated pursuant to the authorization of 
    appropriations under paragraph (1) and for subsequent fiscal years 
    shall be determined by the extent to which the Government of 
    Pakistan displays demonstrable progress in--
            (A) preventing al Qaeda and other terrorist organizations 
        from operating in the territory of Pakistan, including 
        eliminating terrorist training camps or facilities, arresting 
        members and leaders of terrorist organizations, and countering 
        recruitment efforts;
            (B) preventing the Taliban from using the territory of 
        Pakistan as a sanctuary from which to launch attacks within 
        Afghanistan, including by arresting Taliban leaders, stopping 
        cross-border incursions, and countering recruitment efforts; 
        and
            (C) implementing democratic reforms, including allowing 
        free, fair, and inclusive elections at all levels of government 
        in accordance with internationally-recognized democratic norms, 
        and respecting the independence of the press and judiciary.
        (4) Biannual reports to congress.--
            (A) In general.--The Secretary of State shall submit to the 
        appropriate congressional committees a biannual report 
        describing in detail the extent to which the Government of 
        Pakistan has displayed demonstrable progress in meeting the 
        goals described in subparagraphs (A) through (C) of paragraph 
        (3).
            (B) Schedule for submission.--The report required by 
        subparagraph (A) shall be submitted not later than April 15 and 
        October 15 of each year until October 15, 2009.
            (C) Form.--The report required by subparagraph (A) shall be 
        submitted in unclassified form, but may include a classified 
        annex, if necessary.
    (g) Extension of Waivers.--
        (1) Amendments.--The Act entitled ``An Act to authorize the 
    President to exercise waivers of foreign assistance restrictions 
    with respect to Pakistan through September 30, 2003, and for other 
    purposes'', approved October 27, 2001 (Public Law 107-57; 115 Stat. 
    403), is amended--
            (A) in section 1(b)--
                (i) in the heading, to read as follows:
    ``(b) Fiscal Years 2007 and 2008--''; and
                (ii) in paragraph (1), by striking ``any provision'' 
            and all that follows through ``that prohibits'' and 
            inserting ``any provision of an Act making appropriations 
            for foreign operations, export financing, and related 
            programs appropriations for fiscal year 2007 or 2008 (or 
            any other appropriations Act) that prohibits'';
            (B) in section 3(2), by striking ``Such provision'' and all 
        that follows through ``as are'' and inserting ``Such provision 
        of an Act making appropriations for foreign operations, export 
        financing, and related programs appropriations for fiscal years 
        2002 through 2008 (or any other appropriations Act) as are''; 
        and
            (C) in section 6, by striking ``the provisions'' and all 
        that follows and inserting ``the provisions of this Act shall 
        terminate on October 1, 2008.''.
        (2) Effective date.--The amendments made by paragraph (1) take 
    effect on October 1, 2006.
        (3) Sense of congress.--It is the sense of Congress that 
    determinations to provide extensions of waivers of foreign 
    assistance prohibitions with respect to Pakistan pursuant to Public 
    Law 107-57 for fiscal years after the fiscal years specified in the 
    amendments made by paragraph (1) to Public Law 107-57 should be 
    informed by demonstrable progress in achieving the goals described 
    in subparagraphs (A) through (C) of subsection (f)(3).
SEC. 2043. SAUDI ARABIA.
    (a) Congressional Findings.--Congress finds that:
        (1) The National Commission on Terrorist Attacks Upon the 
    United States concluded that the Kingdom of Saudi Arabia has ``been 
    a problematic ally in combating Islamic extremism. At the level of 
    high policy, Saudi Arabia's leaders cooperated with American 
    diplomatic initiatives aimed at the Taliban or Pakistan before 9/
    11. At the same time, Saudi Arabia's society was a place where al 
    Qaeda raised money directly from individuals and through charities. 
    It was the society that produced 15 of the 19 hijackers.''.
        (2) Saudi Arabia has an uneven record in the fight against 
    terrorism, especially with respect to terrorist financing, support 
    for radical madrassas, a lack of political outlets for its 
    citizens, and restrictions on religious pluralism, that poses a 
    threat to the security of the United States, the international 
    community, and Saudi Arabia itself.
        (3) The National Commission on Terrorist Attacks Upon the 
    United States concluded that the ``problems in the U.S.-Saudi 
    relationship must be confronted, openly''. It recommended that the 
    two countries build a relationship that includes a ``shared 
    commitment to political and economic reform . . . and a shared 
    interest in greater tolerance and cultural respect, translating 
    into a commitment to fight the violent extremists who foment 
    hatred''.
        (4) The United States has a national security interest in 
    working with the Government of Saudi Arabia to combat international 
    terrorists that operate within that country or that operate outside 
    Saudi Arabia with the support of citizens of Saudi Arabia.
        (5) The United States and Saudi Arabia established a Strategic 
    Dialogue in 2005, which provides a framework for the two countries 
    to discuss a range of bilateral issues at high levels, including 
    counterterrorism policy and political and economic reforms.
        (6) It is in the national security interest of the United 
    States to support the Government of Saudi Arabia in undertaking a 
    number of political and economic reforms, including increasing 
    anti-terrorism operations conducted by law enforcement agencies, 
    providing more political and religious rights to its citizens, 
    increasing the rights of women, engaging in comprehensive 
    educational reform, enhancing monitoring of charitable 
    organizations, and promulgating and enforcing domestic laws and 
    regulation on terrorist financing.
    (b) Statement of Policy.--It is the policy of the United States--
        (1) to engage with the Government of Saudi Arabia to openly 
    confront the issue of terrorism, as well as other problematic 
    issues such as the lack of political freedoms;
        (2) to enhance counterterrorism cooperation with the Government 
    of Saudi Arabia; and
        (3) to support the efforts of the Government of Saudi Arabia to 
    make political, economic, and social reforms, including greater 
    religious freedom, throughout the country.
    (c) Progress in Counterterrorism and Other Cooperation.--
        (1) Report.--Not later than 180 days after the date of the 
    enactment of this Act, the President shall transmit to the 
    appropriate congressional committees a report that--
            (A) describes the long-term strategy of the United States--
                (i) to engage with the Government of Saudi Arabia to 
            facilitate political, economic, and social reforms, 
            including greater religious freedom, that will enhance the 
            ability of the Government of Saudi Arabia to combat 
            international terrorism; and
                (ii) to work with the Government of Saudi Arabia to 
            combat terrorism, including through effective measures to 
            prevent and prohibit the financing of terrorists by Saudi 
            institutions and citizens; and
            (B) provides an assessment of the progress made by Saudi 
        Arabia since 2001 on the matters described in subparagraph (A), 
        including--
                (i) whether Saudi Arabia has become a party to the 
            International Convention for the Suppression of the 
            Financing of Terrorism; and
                (ii) the activities and authority of the Saudi 
            Nongovernmental National Commission for Relief and Charity 
            Work Abroad.
        (2) Form.--The report required by paragraph (1) shall be 
    transmitted in unclassified form, but may include a classified 
    annex, if necessary.

                 TITLE XXI--ADVANCING DEMOCRATIC VALUES

SEC. 2101. SHORT TITLE.
    This title may be cited as the ``Advance Democratic Values, Address 
Nondemocratic Countries, and Enhance Democracy Act of 2007'' or the 
``ADVANCE Democracy Act of 2007''.
SEC. 2102. FINDINGS.
    Congress finds the following:
        (1) The United States Declaration of Independence, the United 
    States Constitution, and the United Nations Universal Declaration 
    of Human Rights declare that all human beings are created equal and 
    possess certain rights and freedoms, including the fundamental 
    right to participate in the political life and government of their 
    respective countries.
        (2) The development of democracy constitutes a long-term 
    challenge that goes through unique phases and paces in individual 
    countries as such countries develop democratic institutions such as 
    a thriving civil society, a free media, and an independent 
    judiciary, and must be led from within such countries, including by 
    nongovernmental and governmental reformers.
        (3) Individuals, nongovernmental organizations, and movements 
    that support democratic principles, practices, and values are under 
    increasing pressure from some governments of nondemocratic 
    countries (as well as, in some cases, from governments of 
    democratic transition countries), including by using administrative 
    and regulatory mechanisms to undermine the activities of such 
    individuals, organizations, and movements.
        (4) Democratic countries have a number of instruments available 
    for supporting democratic reformers who are committed to promoting 
    effective, nonviolent change in nondemocratic countries and who are 
    committed to keeping their countries on the path to democracy.
        (5) United States efforts to promote democracy and protect 
    human rights can be strengthened to improve assistance for such 
    reformers, including through an enhanced role for United States 
    diplomats when properly trained and given the right incentives.
        (6) The promotion of democracy requires a broad-based effort 
    with cooperation between all democratic countries, including 
    through the Community of Democracies.
SEC. 2103. STATEMENT OF POLICY.
    It is the policy of the United States--
        (1) to promote freedom and democracy in foreign countries as a 
    fundamental component of United States foreign policy, along with 
    other key foreign policy goals;
        (2) to affirm fundamental freedoms and internationally 
    recognized human rights in foreign countries, as reflected in the 
    Universal Declaration of Human Rights and the International 
    Covenant on Civil and Political Rights, and to condemn offenses 
    against those freedoms and rights as a fundamental component of 
    United States foreign policy, along with other key foreign policy 
    goals;
        (3) to protect and promote such fundamental freedoms and 
    rights, including the freedoms of association, of expression, of 
    the press, and of religion, and the right to own private property;
        (4) to commit to the long-term challenge of promoting universal 
    democracy by promoting democratic institutions, including 
    institutions that support the rule of law (such as an independent 
    judiciary), an independent and professional media, strong 
    legislatures, a thriving civil society, transparent and 
    professional independent governmental auditing agencies, civilian 
    control of the military, and institutions that promote the rights 
    of minorities and women;
        (5) to use instruments of United States influence to support, 
    promote, and strengthen democratic principles, practices, and 
    values, including the right to free, fair, and open elections, 
    secret balloting, and universal suffrage, including by--
            (A) providing appropriate support to individuals, 
        nongovernmental organizations, and movements located in 
        nondemocratic countries that aspire to live in freedom and 
        establish full democracy in such countries; and
            (B) providing political, economic, and other support to 
        foreign countries and individuals, nongovernmental 
        organizations, and movements that are willingly undertaking a 
        transition to democracy; and
        (6) to strengthen cooperation with other democratic countries 
    in order to better promote and defend shared values and ideals.
SEC. 2104. DEFINITIONS.
    In this title:
        (1) Annual report on advancing freedom and democracy.--The term 
    ``Annual Report on Advancing Freedom and Democracy'' refers to the 
    annual report submitted to Congress by the Department of State 
    pursuant to section 665(c) of the Foreign Relations Authorization 
    Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 2151n note), 
    in which the Department reports on actions taken by the United 
    States Government to encourage respect for human rights and 
    democracy.
        (2) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means the Committee on 
    Foreign Affairs of the House of Representatives and the Committee 
    on Foreign Relations of the Senate.
        (3) Assistant secretary.--The term ``Assistant Secretary'' 
    means the Assistant Secretary of State for Democracy, Human Rights, 
    and Labor.
        (4) Community of democracies and community.--The terms 
    ``Community of Democracies'' and ``Community'' mean the association 
    of democratic countries committed to the global promotion of 
    democratic principles, practices, and values, which held its First 
    Ministerial Conference in Warsaw, Poland, in June 2000.
        (5) Department.--The term ``Department'' means the Department 
    of State.
        (6) Nondemocratic country or democratic transition country.--
    The term ``nondemocratic country'' or ``democratic transition 
    country'' shall include any country which is not governed by a 
    fully functioning democratic form of government, as determined by 
    the Secretary, taking into account the general consensus regarding 
    the status of civil and political rights in a country by major 
    nongovernmental organizations that conduct assessments of such 
    conditions in countries and whether the country exhibits the 
    following characteristics:
            (A) All citizens of such country have the right to, and are 
        not restricted in practice from, fully and freely participating 
        in the political life of such country.
            (B) The national legislative body of such country and, if 
        directly elected, the head of government of such country, are 
        chosen by free, fair, open, and periodic elections, by 
        universal and equal suffrage, and by secret ballot.
            (C) More than one political party in such country has 
        candidates who seek elected office at the national level and 
        such parties are not restricted in their political activities 
        or their process for selecting such candidates, except for 
        reasonable administrative requirements commonly applied in 
        countries categorized as fully democratic.
            (D) All citizens in such country have a right to, and are 
        not restricted in practice from, fully exercising such 
        fundamental freedoms as the freedom of expression, conscience, 
        and peaceful assembly and association, and such country has a 
        free, independent, and pluralistic media.
            (E) The current government of such country did not come to 
        power in a manner contrary to the rule of law.
            (F) Such country possesses an independent judiciary and the 
        government of such country generally respects the rule of law.
            (G) Such country does not violate other core principles 
        enshrined in the United Nations Charter, the Universal 
        Declaration of Human Rights, the International Covenant on 
        Civil and Political Rights, United Nations Commission on Human 
        Rights Resolution 1499/57 (entitled ``Promotion of the Right to 
        Democracy''), and the United Nations General Assembly 
        Resolution 55/96 (entitled ``Promoting and consolidating 
        democracy'').
            (H) As applicable, whether the country has scored favorably 
        on the political, civil liberties, corruption, and rule of law 
        indicators used to determine eligibility for financial 
        assistance disbursed from the Millennium Challenge Account.
        (7) Secretary.--The term ``Secretary'' means the Secretary of 
    State.

      Subtitle A--Activities to Enhance the Promotion of Democracy

SEC. 2111. DEMOCRACY PROMOTION AT THE DEPARTMENT OF STATE.
    (a) Democracy Liaison Officers.--
        (1) In general.--The Secretary of State shall establish and 
    staff Democracy Liaison Officer positions. Democracy Liaison 
    Officers shall serve under the supervision of the Assistant 
    Secretary. Democracy Liaison Officers may be assigned to the 
    following posts:
            (A) United States missions to, or liaisons with, regional 
        and multilateral organizations, including the United States 
        missions to the European Union, African Union, Organization of 
        American States, and any other appropriate regional 
        organization, the Organization for Security and Cooperation in 
        Europe, the United Nations and its relevant specialized 
        agencies, and the North Atlantic Treaty Organization.
            (B) Regional public diplomacy centers of the Department of 
        State.
            (C) United States combatant commands.
            (D) Other posts as designated by the Secretary.
        (2) Responsibilities.--Each Democracy Liaison Officer should--
            (A) provide expertise on effective approaches to promote 
        and build democracy;
            (B) assist in formulating and implementing strategies for 
        transitions to democracy; and
            (C) carry out such other responsibilities as the Secretary 
        or the Assistant Secretary may assign.
        (3) New positions.--To the fullest extent practicable, taking 
    into consideration amounts appropriated to carry out this 
    subsection and personnel available for assignment to the positions 
    described in paragraph (1), the Democracy Liaison Officer positions 
    established under subsection (a) shall be new positions that are in 
    addition to existing positions with responsibility for other human 
    rights and democracy related issues and programs, including 
    positions with responsibility for labor issues.
        (4) Relationship to other authorities.--Nothing in this 
    subsection may be construed as altering any authority or 
    responsibility of a chief of mission or other employee of a 
    diplomatic mission of the United States provided under any other 
    provision of law, including any authority or responsibility for the 
    development or implementation of strategies to promote democracy.
    (b) Office Related to Democratic Movements and Transitions.--
        (1) Establishment.--There shall be identified within the Bureau 
    of Democracy, Human Rights, and Labor of the Department at least 
    one office that shall be responsible for working with democratic 
    movements and facilitating the transition to full democracy of 
    nondemocratic countries and democratic transition countries.
        (2) Responsibilities.--The Assistant Secretary shall, including 
    by acting through the office or offices identified pursuant to 
    paragraph (1)--
            (A) provide support for Democratic Liaison Officers 
        established under subsection (a);
            (B) develop relations with, consult with, and provide 
        assistance to nongovernmental organizations, individuals, and 
        movements that are committed to the peaceful promotion of 
        democracy and fundamental rights and freedoms, including 
        fostering relationships with the United States Government and 
        the governments of other democratic countries; and
            (C) assist officers and employees of regional bureaus of 
        the Department to develop strategies and programs to promote 
        peaceful change in nondemocratic countries and democratic 
        transition countries.
        (3) Liaison.--Within the Bureau of Democracy, Human Rights, and 
    Labor, the Assistant Secretary shall identify officers or employees 
    who have expertise in and shall be responsible for working with 
    nongovernmental organizations, individuals, and movements that 
    develop relations with, consult with, and provide assistance to 
    nongovernmental organizations, individuals, and movements in 
    foreign countries that are committed to the peaceful promotion of 
    democracy and fundamental rights and freedoms.
    (c) Actions by Chiefs of Mission.--Each chief of mission in each 
nondemocratic country or democratic transition country should--
        (1) develop, as part of annual program planning, a strategy to 
    promote democratic principles, practices, and values in each such 
    foreign country and to provide support, as appropriate, to 
    nongovernmental organizations, individuals, and movements in each 
    such country that are committed to democratic principles, 
    practices, and values, such as by--
            (A) consulting and coordinating with and providing support 
        to such nongovernmental organizations, individuals, and 
        movements regarding the promotion of democracy;
            (B) issuing public condemnations of violations of 
        internationally recognized human rights, including violations 
        of religious freedom, and visiting local landmarks and other 
        local sites associated with nonviolent protest in support of 
        democracy and freedom from oppression; and
            (C) holding periodic meetings with such nongovernmental 
        organizations, individuals, and movements to discuss democracy 
        and political, social, and economic freedoms;
        (2) hold ongoing discussions with the leaders of each such 
    nondemocratic country or democratic transition country regarding 
    progress toward a democratic system of governance and the 
    development of political, social, and economic freedoms and respect 
    for human rights, including freedom of religion or belief, in such 
    country; and
        (3) conduct meetings with civil society, interviews with media 
    that can directly reach citizens of each such country, and 
    discussions with students and young people of each such country 
    regarding progress toward a democratic system of governance and the 
    development of political, social, and economic freedoms in each 
    such country.
    (d) Recruitment.--The Secretary should seek to increase the 
proportion of members of the Foreign Service who serve in the Bureau of 
Democracy, Human Rights, and Labor.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section.
SEC. 2112. DEMOCRACY FELLOWSHIP PROGRAM.
    (a) Requirement for Program.--The Secretary shall establish a 
Democracy Fellowship Program to enable officers of the Department to 
gain an additional perspective on democracy promotion in foreign 
countries by working on democracy issues in appropriate congressional 
offices or congressional committees with oversight over the subject 
matter of this title, including the Committee on Foreign Affairs and 
the Committee on Appropriations of the House of Representatives and the 
Committee on Foreign Relations and the Committee on Appropriations of 
the Senate, and international or nongovernmental organizations involved 
in democracy promotion.
    (b) Selection and Placement.--The Assistant Secretary shall play a 
central role in the selection of Democracy Fellows and facilitate their 
placement in appropriate congressional offices, congressional 
committees, international organizations, and nongovernmental 
organizations.
SEC. 2113. INVESTIGATIONS OF VIOLATIONS OF INTERNATIONAL HUMANITARIAN 
LAW.
    (a) In General.--The President, with the assistance of the 
Secretary, the Under Secretary of State for Democracy and Global 
Affairs, and the Ambassador-at-Large for War Crimes Issues, shall 
collect information regarding incidents that may constitute crimes 
against humanity, genocide, slavery, or other violations of 
international humanitarian law.
    (b) Accountability.--The President shall consider what actions can 
be taken to ensure that any government of a country or the leaders or 
senior officials of such government who are responsible for crimes 
against humanity, genocide, slavery, or other violations of 
international humanitarian law identified under subsection (a) are 
brought to account for such crimes in an appropriately constituted 
tribunal.

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

SEC. 2121. STRATEGIES, PRIORITIES, AND ANNUAL REPORT.
    (a) Expansion of Country-Specific Strategies to Promote 
Democracy.--
        (1) Commendation.--Congress commends the Secretary for the 
    ongoing work by the Department to develop country-specific 
    strategies for promoting democracy.
        (2) Expansion.--The Secretary shall expand the development of 
    such strategies to all nondemocratic countries and democratic 
    transition countries.
        (3) Briefings.--The Secretary shall keep the appropriate 
    congressional committees fully and currently informed as such 
    strategies are developed.
    (b) Report Title.--Section 665(c) of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 
2151n note) is amended, in the first sentence, by inserting ``entitled 
the Annual Report on Advancing Freedom and Democracy'' before the 
period at the end.
    (c) Enhanced Report.--The Annual Report on Advancing Freedom and 
Democracy shall include, as appropriate--
        (1) United States priorities for the promotion of democracy and 
    the protection of human rights for each nondemocratic country and 
    democratic transition country, developed in consultation with 
    relevant parties in such countries; and
        (2) specific actions and activities of chiefs of missions and 
    other United States officials to promote democracy and protect 
    human rights in each such country.
    (d) Schedule of Submission.--Section 665(c) of the Foreign 
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 
U.S.C. 2151n note) is amended, in the second sentence, by striking ``30 
days'' and inserting ``90 days''.
SEC. 2122. TRANSLATION OF HUMAN RIGHTS REPORTS.
    (a) In General.--The Secretary shall continue to expand the timely 
translation of the applicable parts of the Country Reports on Human 
Rights Practices required under sections 116(d) and 502B(b) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), the 
Annual Report on International Religious Freedom required under section 
102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 
6412(b)), the Trafficking in Persons Report required under section 
110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7107(b)), and any separate report on democracy and human rights policy 
submitted in accordance with section 665(c) of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 
2151n note) into the principal languages of as many countries as 
possible, with particular emphasis on nondemocratic countries, 
democratic transition countries, and countries in which extrajudicial 
killings, torture, or other serious violations of human rights have 
occurred.
    (b) Report.--
        (1) Requirement.--Not later than April 1, 2008, and annually 
    thereafter through 2010, the Secretary shall submit to the 
    appropriate congressional committees a report describing any 
    translations of the reports specified in subsection (a) for the 
    preceding year, including which of such reports have been 
    translated into which principal languages and the countries in 
    which such translations have been distributed by posting on a 
    relevant website or elsewhere.
        (2) Form.--The report required under paragraph (1) may be 
    included in any separate report on democracy and human rights 
    policy submitted in accordance with section 665(c) of the Foreign 
    Relations Authorization Act, Fiscal Year 2003.

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

SEC. 2131. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.
    Congress commends the Secretary for creating an Advisory Committee 
on Democracy Promotion, and it is the sense of Congress that the 
Committee should play a significant role in the Department's 
transformational diplomacy by advising the Secretary regarding United 
States efforts to promote democracy and democratic transition in 
connection with the formulation and implementation of United States 
foreign policy and foreign assistance, including reviewing and making 
recommendations on--
        (1) how to improve the capacity of the Department to promote 
    democracy and human rights; and
        (2) how to improve foreign assistance programs related to the 
    promotion of democracy.
SEC. 2132. SENSE OF CONGRESS REGARDING THE INTERNET WEBSITE OF THE 
DEPARTMENT OF STATE.
    It is the sense of Congress that in order to facilitate access by 
individuals, nongovernmental organizations, and movements in foreign 
countries to documents, streaming video and audio, and other media 
regarding democratic principles, practices, and values, and the 
promotion and strengthening of democracy, the Secretary should take 
additional steps to enhance the Internet site for global democracy and 
human rights of the Department, which should include, where 
practicable, the following:
        (1) Narratives and histories, published by the United States 
    Government, of significant democratic movements in foreign 
    countries, particularly regarding successful nonviolent campaigns 
    to promote democracy in non-democratic countries and democratic 
    transition countries.
        (2) Narratives, published by the United States Government, 
    relating to the importance of the establishment of and respect for 
    internationally recognized human rights, democratic principles, 
    practices, and values, and other fundamental freedoms.
        (3) Major human rights reports by the United States Government, 
    including translations of such materials, as appropriate.
        (4) Any other documents, references, or links to appropriate 
    external Internet websites (such as websites of international or 
    nongovernmental organizations), including references or links to 
    training materials, narratives, and histories regarding successful 
    democratic movements.

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

SEC. 2141. TRAINING IN DEMOCRACY PROMOTION AND THE PROTECTION OF HUMAN 
RIGHTS.
    (a) In General.--The Secretary shall continue to enhance training 
for members of the Foreign Service and civil service responsible for 
the promotion of democracy and the protection of human rights. Such 
training shall include appropriate instruction and training materials 
regarding:
        (1) International documents and United States policy regarding 
    the promotion of democracy and respect for human rights.
        (2) United States policy regarding the promotion and 
    strengthening of democracy around the world, with particular 
    emphasis on the transition to democracy in nondemocratic countries 
    and democratic transition countries.
        (3) For any member, chief of mission, or deputy chief of 
    mission who is to be assigned to a nondemocratic country or 
    democratic transition country, ways to promote democracy in such 
    country and to assist individuals, nongovernmental organizations, 
    and movements in such country that support democratic principles, 
    practices, and values.
        (4) The protection of internationally recognized human rights 
    (including the protection of religious freedom) and standards 
    related to such rights, provisions of United States law related to 
    such rights, diplomatic tools to promote respect for such rights, 
    and the protection of individuals who have fled their countries due 
    to violations of such rights.
    (b) Consultation.--The Secretary, acting through the Director of 
the National Foreign Affairs Training Center of the Foreign Service 
Institute of the Department, shall consult, as appropriate, with 
nongovernmental organizations involved in the protection and promotion 
of such rights and the United States Commission on International 
Religious Freedom with respect to the training required by this 
subsection.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees a report containing a description of the 
current and planned training provided to Foreign Service officers in 
human rights and democracy promotion, including such training provided 
to chiefs of mission serving or preparing to serve in nondemocratic 
countries or democratic transition countries.
SEC. 2142. SENSE OF CONGRESS REGARDING ADVANCE DEMOCRACY AWARD.
    It is the sense of Congress that--
        (1) the Secretary should further strengthen the capacity of the 
    Department to carry out results-based democracy promotion efforts 
    through the establishment of an annual award to be known as the 
    ``Outstanding Achievements in Advancing Democracy Award'', or the 
    ``ADVANCE Democracy Award'', that would be awarded to officers or 
    employees of the Department; and
        (2) the Secretary should establish procedures for selecting 
    recipients of such award, including any financial terms associated 
    with such award.
SEC. 2143. PERSONNEL POLICIES AT THE DEPARTMENT OF STATE.
    In addition to the awards and other incentives already implemented, 
the Secretary should increase incentives for members of the Foreign 
Service and other employees of the Department who take assignments 
relating to the promotion of democracy and the protection of human 
rights, including the following:
        (1) Providing performance pay under section 405 of the Foreign 
    Service Act of 1980 (22 U.S.C. 3965) to such members and employees 
    who carry out their assignment in an outstanding manner.
        (2) Considering such an assignment as a basis for promotion 
    into the Senior Foreign Service.
        (3) Providing Foreign Service Awards under section 614 of the 
    Foreign Service Act of 1980 (22 U.S.C. 4013) to such members and 
    employees who provide distinguished or meritorious service in the 
    promotion of democracy or the protection of human rights.

           Subtitle E--Cooperation With Democratic Countries

SEC. 2151. COOPERATION WITH DEMOCRATIC COUNTRIES.
    (a) Sense of Congress.--It is the sense of Congress that the United 
States should cooperate with other democratic countries to--
        (1) promote and protect democratic principles, practices, and 
    values;
        (2) promote and protect shared political, social, and economic 
    freedoms, including the freedoms of association, of expression, of 
    the press, of religion, and to own private property;
        (3) promote and protect respect for the rule of law;
        (4) develop, adopt, and pursue strategies to advance common 
    interests in international organizations and multilateral 
    institutions to which members of cooperating democratic countries 
    belong; and
        (5) provide political, economic, and other necessary support to 
    countries that are undergoing a transition to democracy.
    (b) Community of Democracies.--
        (1) Sense of congress.--It is the sense of Congress that--
            (A) the Community of Democracies should develop a more 
        formal mechanism for carrying out work between ministerial 
        meetings, such as through the creation of a permanent 
        secretariat with appropriate staff to carry out such work, and 
        should establish a headquarters; and
            (B) nondemocratic countries should not participate in any 
        association or group of democratic countries aimed at working 
        together to promote democracy.
        (2) Detail of personnel.--The Secretary is authorized to detail 
    on a nonreimbursable basis any employee of the Department to any 
    permanent secretariat of the Community of Democracies or to the 
    government of any country that is a member of the Convening Group 
    of the Community of Democracies.
    (c) Establishment of an Office for Multilateral Democracy 
Promotion.--The Secretary should establish an office of multilateral 
democracy promotion with the mission to further develop and strengthen 
the institutional structure of the Community of Democracies, develop 
interministerial projects, enhance the United Nations Democracy Caucus, 
manage policy development of the United Nations Democracy Fund, and 
enhance coordination with other regional and multilateral bodies with 
jurisdiction over democracy issues.
    (d) International Center for Democratic Transition.--
        (1) Sense of congress.--It is the sense of Congress that the 
    International Center for Democratic Transition, an initiative of 
    the Government of Hungary, serves to promote practical projects and 
    the sharing of best practices in the area of democracy promotion 
    and should be supported by, in particular, the United States, other 
    European countries with experiences in democratic transitions, and 
    private individuals.
        (2) Authorization of appropriations.--There is authorized to be 
    appropriated $1,000,000 for each of fiscal years 2008, 2009, and 
    2010 to the Secretary for a grant to the International Center for 
    Democratic Transition. Amounts appropriated under this paragraph 
    are authorized to remain available until expended.

             Subtitle F--Funding for Promotion of Democracy

SEC. 2161. THE UNITED NATIONS DEMOCRACY FUND.
    (a) Sense of Congress.--It is the sense of Congress that the United 
States should work with other countries to enhance the goals and work 
of the United Nations Democracy Fund, an essential tool to promote 
democracy, and in particular support civil society in foreign countries 
in their efforts to help consolidate democracy and bring about 
transformational change.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $14,000,000 for each of fiscal years 2008 and 2009 to the 
Secretary for a United States contribution to the United Nations 
Democracy Fund.
SEC. 2162. UNITED STATES DEMOCRACY ASSISTANCE PROGRAMS.
    (a) Sense of Congress Regarding Use of Instruments of Democracy 
Promotion.--It is the sense of Congress that--
        (1) United States support for democracy is strengthened by 
    using a variety of different instrumentalities, such as the 
    National Endowment for Democracy, the United States Agency for 
    International Development, and the Department; and
        (2) the purpose of the Department's Human Rights and Democracy 
    Fund should be to support innovative programming, media, and 
    materials designed to uphold democratic principles, practices, and 
    values, support and strengthen democratic institutions, promote 
    human rights and the rule of law, and build civil societies in 
    countries around the world.
    (b) Sense of Congress Regarding Mechanisms for Delivering 
Assistance.--
        (1) Findings.--Congress finds the following:
            (A) Democracy assistance has many different forms, 
        including assistance to promote the rule of law, build the 
        capacity of civil society, political parties, and legislatures, 
        improve the independence of the media and the judiciary, 
        enhance independent auditing functions, and advance security 
        sector reform.
            (B) There is a need for greater clarity on the coordination 
        and delivery mechanisms for United States democracy assistance.
        (2) Sense of congress.--It is the sense of Congress that the 
    Secretary and the Administrator of the United States Agency for 
    International Development should develop guidelines, in 
    consultation with the appropriate congressional committees, 
    building on the existing framework for grants, cooperative 
    agreements, contracts, and other acquisition mechanisms to guide 
    United States missions in foreign countries in coordinating United 
    States democracy assistance and selecting the appropriate 
    combination of such mechanisms for such assistance.

           TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

SEC. 2201. INTEROPERABLE EMERGENCY COMMUNICATIONS.
    (a) In General.--Section 3006 of Public Law 109-171 (47 U.S.C. 309 
note) is amended--
        (1) by striking paragraphs (1) and (2) of subsection (a) and 
    inserting the following:
        ``(1) may take such administrative action as is necessary to 
    establish and implement--
            ``(A) a grant program to assist public safety agencies in 
        the planning and coordination associated with, the acquisition 
        of, deployment of, or training for the use of interoperable 
        communications equipment, software and systems that--
                ``(i) utilize reallocated public safety spectrum for 
            radio communication;
                ``(ii) enable interoperability with communications 
            systems that can utilize reallocated public safety spectrum 
            for radio communication; or
                ``(iii) otherwise improve or advance the 
            interoperability of public safety communications systems 
            that utilize other public safety spectrum bands; and
            ``(B) are used to establish and implement a strategic 
        technology reserve to pre-position or secure interoperable 
        communications in advance for immediate deployment in an 
        emergency or major disaster;
        ``(2) shall make payments of not to exceed $1,000,000,000, in 
    the aggregate, through fiscal year 2010 from the Digital Television 
    Transition and Public Safety Fund established under section 
    309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 
    309(j)(8)(E)) to carry out the grant program established under 
    paragraph (1), of which at least $75,000,000, in the aggregate, 
    shall be used for purposes described in paragraph (1)(B); and
        ``(3) shall permit any funds allocated for use under paragraph 
    (1)(B) to be used for purposes identified under paragraph (1)(A), 
    if the public safety agency demonstrates that it has already 
    implemented such a strategic technology reserve or demonstrates 
    higher priority public safety communications needs.'';
        (2) by redesignating subsections (b), (c), and (d) as 
    subsections (h), (i), and (j), respectively, and inserting after 
    subsection (a) the following:
    ``(b) Eligibility.--To be eligible for assistance under the grant 
program established under subparagraph (a)(1)(A), an applicant shall 
submit an application, at such time, in such form, and containing such 
information as the Assistant Secretary may require, including a 
detailed explanation of how assistance received under the program would 
be used to improve communications interoperability and ensure 
interoperability with other public safety agencies in an emergency or a 
major disaster.
    ``(c) Criteria for Strategic Technology Reserves.--
        ``(1) In general.--In evaluating permitted uses under 
    subparagraph (a)(1)(B), the Assistant Secretary shall consider the 
    continuing technological evolution of communications technologies 
    and devices, with its implicit risk of obsolescence, and shall 
    ensure, to the maximum extent feasible, that a substantial part of 
    the reserve involves prenegotiated contracts and other arrangements 
    for rapid deployment of equipment, supplies, and systems (and 
    communications service related to such equipment, supplies, and 
    systems), rather than the warehousing or storage of equipment and 
    supplies currently available at the time the reserve is 
    established.
        ``(2) Requirements and characteristics.--Funds provided to meet 
    uses described in paragraph (1) shall be used in support of 
    reserves that--
            ``(A) are capable of re-establishing communications when 
        existing critical infrastructure is damaged or destroyed in an 
        emergency or a major disaster;
            ``(B) include appropriate current, widely-used equipment, 
        such as Land Mobile Radio Systems, cellular telephones and 
        satellite-enabled equipment (and related communications 
        service), Cells-On-Wheels, Cells-On-Light-Trucks, or other 
        self-contained mobile cell sites that can be towed, backup 
        batteries, generators, fuel, and computers;
            ``(C) include equipment on hand for the Governor of each 
        State, key emergency response officials, and appropriate State 
        or local personnel;
            ``(D) include contracts (including prenegotiated contracts) 
        for rapid delivery of the most current technology available 
        from commercial sources; and
            ``(E) include arrangements for training to ensure that 
        personnel are familiar with the operation of the equipment and 
        devices to be delivered pursuant to such contracts.
        ``(3) Additional characteristics.--Portions of the reserve may 
    be virtual and may include items donated on an in-kind contribution 
    basis.
        ``(4) Allocation of funds.--In evaluating permitted uses under 
    subparagraph (a)(1)(B), the Assistant Secretary shall take into 
    account barriers to immediate deployment, including time and 
    distance, that may slow the rapid deployment of equipment, 
    supplies, and systems (and communications service related to such 
    equipment, supplies, and systems) in the event of an emergency in 
    any State.
    ``(d) Voluntary Consensus Standards.--In carrying out this section, 
the Assistant Secretary, in cooperation with the Secretary of Homeland 
Security, shall identify and, if necessary, encourage the development 
and implementation of, voluntary consensus standards for interoperable 
communications systems to the greatest extent practicable, but shall 
not require any such standard.
    ``(e) Inspector General Report and Audits.--
        ``(1) Report.--Beginning with the first fiscal year beginning 
    after the date of enactment of the Implementing Recommendations of 
    the 9/11 Commission Act of 2007, the Inspector General of the 
    Department of Commerce shall conduct an annual assessment of the 
    management of the grant program implemented under subsection (a)(1) 
    and transmit a report containing the findings of that assessment 
    and any recommendations related thereto to the Senate Committee on 
    Commerce, Science, and Transportation and the House of 
    Representatives Committee on Energy and Commerce.
        ``(2) Audits.--Beginning with the first fiscal year beginning 
    after the date of enactment of the Implementing Recommendations of 
    the 9/11 Commission Act of 2007, the Inspector General of the 
    Department of Commerce shall conduct financial audits of entities 
    receiving grants from the program implemented under subsection 
    (a)(1), and shall ensure that, over the course of 4 years, such 
    audits cover recipients in a representative sample of not fewer 
    than 25 States or territories. The results of any such audits shall 
    be made publicly available via web site, subject to redaction as 
    the Inspector General determines necessary to protect classified 
    and other sensitive information.
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed or interpreted to preclude the use of funds under this 
section by any public safety agency for interim- or long-term Internet 
Protocol-based interoperable solutions.''; and
        (3) by striking paragraph (3) of subsection (j), as so 
    redesignated.
    (b) FCC Vulnerability Assessment and Report on Emergency 
Communications Back-up System.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Federal Communications Commission shall 
    conduct a vulnerability assessment of the Nation's critical 
    communications and information systems infrastructure and shall 
    evaluate the technical feasibility of creating a back-up emergency 
    communications system that complements existing communications 
    resources and takes into account next generation and advanced 
    communications technologies. The overriding objective for the 
    evaluation shall be providing a framework for the development of a 
    resilient interoperable communications system for emergency 
    responders in an emergency. The Commission shall consult with the 
    National Communications System and shall evaluate all reasonable 
    options, including satellites, wireless, and terrestrial-based 
    communications systems and other alternative transport mechanisms 
    that can be used in tandem with existing technologies.
        (2) Factors to be evaluated.--The evaluation under paragraph 
    (1) shall include--
            (A) a survey of all Federal agencies that use terrestrial 
        or satellite technology for communications security and an 
        evaluation of the feasibility of using existing systems for the 
        purpose of creating such an emergency back-up public safety 
        communications system;
            (B) the feasibility of using private satellite, wireless, 
        or terrestrial networks for emergency communications;
            (C) the technical options, cost, and deployment methods of 
        software, equipment, handsets or desktop communications devices 
        for public safety entities in major urban areas, and 
        nationwide; and
            (D) the feasibility and cost of necessary changes to the 
        network operations center of terrestrial-based or satellite 
        systems to enable the centers to serve as emergency back-up 
        communications systems.
        (3) Report.--
            (A) In general.--Upon the completion of the evaluation 
        under subsection (a), the Commission shall submit a report to 
        Congress that details the findings of the evaluation, including 
        a full inventory of existing public and private resources most 
        efficiently capable of providing emergency communications.
            (B) Classified index.--The report on critical 
        infrastructure under this subsection may contain a classified 
        annex.
            (C) Retention of classification.--The classification of 
        information required to be provided to Congress or any other 
        department or agency under this section by the Federal 
        Communications Commission, including the assignment of a level 
        of classification of such information, shall be binding on 
        Congress and any other department or agency.
    (c) Joint Advisory Committee on Communications Capabilities of 
Emergency Medical and Public Health Care Facilities.--
        (1) Establishment.--The Assistant Secretary of Commerce for 
    Communications and Information and the Chairman of the Federal 
    Communications Commission, in consultation with the Secretary of 
    Homeland Security and the Secretary of Health and Human Services, 
    shall establish a joint advisory committee to examine the 
    communications capabilities and needs of emergency medical and 
    public health care facilities. The joint advisory committee shall 
    be composed of individuals with expertise in communications 
    technologies and emergency medical and public health care, 
    including representatives of Federal, State and local governments, 
    industry and non-profit health organizations, and academia and 
    educational institutions.
        (2) Duties.--The joint advisory committee shall--
            (A) assess specific communications capabilities and needs 
        of emergency medical and public health care facilities, 
        including the improvement of basic voice, data, and broadband 
        capabilities;
            (B) assess options to accommodate growth of basic and 
        emerging communications services used by emergency medical and 
        public health care facilities;
            (C) assess options to improve integration of communications 
        systems used by emergency medical and public health care 
        facilities with existing or future emergency communications 
        networks; and
            (D) report its findings to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Energy and Commerce, within 6 
        months after the date of enactment of this Act.
    (d) Authorization of Emergency Medical and Public Health 
Communications Pilot Projects.--
        (1) In general.--The Assistant Secretary of Commerce for 
    Communications and Information may establish not more than 10 
    geographically dispersed project grants to emergency medical and 
    public health care facilities to improve the capabilities of 
    emergency communications systems in emergency medical care 
    facilities.
        (2) Maximum amount.--The Assistant Secretary may not provide 
    more than $2,000,000 in Federal assistance under the pilot program 
    to any applicant.
        (3) Cost sharing.--The Assistant Secretary may not provide more 
    than 20 percent of the cost, incurred during the period of the 
    grant, of any project under the pilot program.
        (4) Maximum period of grants.--The Assistant Secretary may not 
    fund any applicant under the pilot program for more than 3 years.
        (5) Deployment and distribution.--The Assistant Secretary shall 
    seek to the maximum extent practicable to ensure a broad geographic 
    distribution of project sites.
        (6) Transfer of information and knowledge.--The Assistant 
    Secretary shall establish mechanisms to ensure that the information 
    and knowledge gained by participants in the pilot program are 
    transferred among the pilot program participants and to other 
    interested parties, including other applicants that submitted 
    applications.
SEC. 2202. CLARIFICATION OF CONGRESSIONAL INTENT.
    The Federal departments and agencies (including independent 
agencies) identified under the provisions of this title and title III 
of this Act and title VI of Public Law 109-295 shall carry out their 
respective duties and responsibilities in a manner that does not impede 
the implementation of requirements specified under this title and title 
III of this Act and title VI of Public Law 109-295. Notwithstanding the 
obligations under section 1806 of Public Law 109-295, the provisions of 
this title and title III of this Act and title VI of Public Law 109-295 
shall not preclude or obstruct any such department or agency from 
exercising its other authorities related to emergency communications 
matters.
SEC. 2203. CROSS BORDER INTEROPERABILITY REPORTS.
    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Federal Communications Commission, in consultation 
with the Department of Homeland Security's Office of Emergency 
Communications, the Office of Management of Budget, and the Department 
of State shall report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Energy and 
Commerce on--
        (1) the status of the mechanism established by the President 
    under section 7303(c) of the Intelligence Reform and Terrorism 
    Prevention Act of 2004 (6 U.S.C. 194(c)) for coordinating cross 
    border interoperability issues between--
            (A) the United States and Canada; and
            (B) the United States and Mexico;
        (2) the status of treaty negotiations with Canada and Mexico 
    regarding the coordination of the re-banding of 800 megahertz 
    radios, as required under the final rule of the Federal 
    Communication Commission in the ``Private Land Mobile Services; 800 
    MHz Public Safety Interface Proceeding'' (WT Docket No. 02-55; ET 
    Docket No. 00-258; ET Docket No. 95-18, RM-9498; RM-10024; FCC 04-
    168) including the status of any outstanding issues in the 
    negotiations between--
            (A) the United States and Canada; and
            (B) the United States and Mexico;
        (3) communications between the Commission and the Department of 
    State over possible amendments to the bilateral legal agreements 
    and protocols that govern the coordination process for license 
    applications seeking to use channels and frequencies above Line A;
        (4) the annual rejection rate for the last 5 years by the 
    United States of applications for new channels and frequencies by 
    Canadian private and public entities; and
        (5) any additional procedures and mechanisms that can be taken 
    by the Commission to decrease the rejection rate for applications 
    by United States private and public entities seeking licenses to 
    use channels and frequencies above Line A.
    (b) Updated Reports to Be Filed on the Status of Treaty of 
Negotiations.--The Federal Communications Commission, in conjunction 
with the Department of Homeland Security, the Office of Management of 
Budget, and the Department of State shall continually provide updated 
reports to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Energy and Commerce of the House of 
Representatives on the status of treaty negotiations under subsection 
(a)(2) until the appropriate United States treaty has been revised with 
each of--
        (1) Canada; and
        (2) Mexico.
    (c) International Negotiations To Remedy Situation.--Not later than 
90 days after the date of enactment of this Act, the Secretary of the 
Department of State shall report to Congress on--
        (1) the current process for considering applications by Canada 
    for frequencies and channels by United States communities above 
    Line A;
        (2) the status of current negotiations to reform and revise 
    such process;
        (3) the estimated date of conclusion for such negotiations;
        (4) whether the current process allows for automatic denials or 
    dismissals of initial applications by the Government of Canada, and 
    whether such denials or dismissals are currently occurring; and
        (5) communications between the Department of State and the 
    Federal Communications Commission pursuant to subsection (a)(3).
SEC. 2204. EXTENSION OF SHORT QUORUM.
    Notwithstanding section 4(d) of the Consumer Product Safety Act (15 
U.S.C. 2053(d)), 2 members of the Consumer Product Safety Commission, 
if they are not affiliated with the same political party, shall 
constitute a quorum for the 6-month period beginning on the date of 
enactment of this Act.
SEC. 2205. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES.
    In addition to the committees specifically enumerated to receive 
reports under this title, any report transmitted under the provisions 
of this title shall also be transmitted to the appropriate 
congressional committees (as defined in section 2(2) of the Homeland 
Security Act of 2002 (6 U.S.C. 101(2))).

          TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION

SEC. 2301. SHORT TITLE.
    This title may be cited as the ``Improving Emergency Communications 
Act of 2007''.
SEC. 2302. FUNDING FOR PROGRAM.
    Section 3011 of the Digital Television Transition and Public Safety 
Act of 2005 (Public Law 109-171; 47 U.S.C. 309 note) is amended--
        (1) by striking ``The'' and inserting:
    ``(a) In General.--The''; and
        (2) by adding at the end the following:
    ``(b) Credit.--The Assistant Secretary may borrow from the 
Treasury, upon enactment of the 911 Modernization Act, such sums as 
necessary, but not to exceed $43,500,000, to implement this section. 
The Assistant Secretary shall reimburse the Treasury, without interest, 
as funds are deposited into the Digital Television Transition and 
Public Safety Fund.''.
SEC. 2303. NTIA COORDINATION OF E-911 IMPLEMENTATION.
    Section 158(b)(4) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 942(b)(4)) is 
amended by adding at the end thereof the following: ``Within 180 days 
after the date of enactment of the 911 Modernization Act, the Assistant 
Secretary and the Administrator shall jointly issue regulations 
updating the criteria to allow a portion of the funds to be used to 
give priority to grants that are requested by public safety answering 
points that were not capable of receiving 911 calls as of the date of 
enactment of that Act, for the incremental cost of upgrading from Phase 
I to Phase II compliance. Such grants shall be subject to all other 
requirements of this section.''.

                  TITLE XXIV--MISCELLANEOUS PROVISIONS

SEC. 2401. QUADRENNIAL HOMELAND SECURITY REVIEW.
    (a) Review Required.--Title VII of the Homeland Security Act of 
2002 is amended by adding at the end the following:
    ``SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW.
    ``(a) Requirement.--
        ``(1) Quadrennial reviews required.--In fiscal year 2009, and 
    every 4 years thereafter, the Secretary shall conduct a review of 
    the homeland security of the Nation (in this section referred to as 
    a `quadrennial homeland security review').
        ``(2) Scope of reviews.--Each quadrennial homeland security 
    review shall be a comprehensive examination of the homeland 
    security strategy of the Nation, including recommendations 
    regarding the long-term strategy and priorities of the Nation for 
    homeland security and guidance on the programs, assets, 
    capabilities, budget, policies, and authorities of the Department.
        ``(3) Consultation.--The Secretary shall conduct each 
    quadrennial homeland security review under this subsection in 
    consultation with--
            ``(A) the heads of other Federal agencies, including the 
        Attorney General, the Secretary of State, the Secretary of 
        Defense, the Secretary of Health and Human Services, the 
        Secretary of the Treasury, the Secretary of Agriculture, and 
        the Director of National Intelligence;
            ``(B) key officials of the Department; and
            ``(C) other relevant governmental and nongovernmental 
        entities, including State, local, and tribal government 
        officials, members of Congress, private sector representatives, 
        academics, and other policy experts.
        ``(4) Relationship with future years homeland security 
    program.--The Secretary shall ensure that each review conducted 
    under this section is coordinated with the Future Years Homeland 
    Security Program required under section 874.
    ``(b) Contents of Review.--In each quadrennial homeland security 
review, the Secretary shall--
        ``(1) delineate and update, as appropriate, the national 
    homeland security strategy, consistent with appropriate national 
    and Department strategies, strategic plans, and Homeland Security 
    Presidential Directives, including the National Strategy for 
    Homeland Security, the National Response Plan, and the Department 
    Security Strategic Plan;
        ``(2) outline and prioritize the full range of the critical 
    homeland security mission areas of the Nation;
        ``(3) describe the interagency cooperation, preparedness of 
    Federal response assets, infrastructure, budget plan, and other 
    elements of the homeland security program and policies of the 
    Nation associated with the national homeland security strategy, 
    required to execute successfully the full range of missions called 
    for in the national homeland security strategy described in 
    paragraph (1) and the homeland security mission areas outlined 
    under paragraph (2);
        ``(4) identify the budget plan required to provide sufficient 
    resources to successfully execute the full range of missions called 
    for in the national homeland security strategy described in 
    paragraph (1) and the homeland security mission areas outlined 
    under paragraph (2);
        ``(5) include an assessment of the organizational alignment of 
    the Department with the national homeland security strategy 
    referred to in paragraph (1) and the homeland security mission 
    areas outlined under paragraph (2); and
        ``(6) review and assess the effectiveness of the mechanisms of 
    the Department for executing the process of turning the 
    requirements developed in the quadrennial homeland security review 
    into an acquisition strategy and expenditure plan within the 
    Department.
    ``(c) Reporting.--
        ``(1) In general.--Not later than December 31 of the year in 
    which a quadrennial homeland security review is conducted, the 
    Secretary shall submit to Congress a report regarding that 
    quadrennial homeland security review.
        ``(2) Contents of report.--Each report submitted under 
    paragraph (1) shall include--
            ``(A) the results of the quadrennial homeland security 
        review;
            ``(B) a description of the threats to the assumed or 
        defined national homeland security interests of the Nation that 
        were examined for the purposes of that review;
            ``(C) the national homeland security strategy, including a 
        prioritized list of the critical homeland security missions of 
        the Nation;
            ``(D) a description of the interagency cooperation, 
        preparedness of Federal response assets, infrastructure, budget 
        plan, and other elements of the homeland security program and 
        policies of the Nation associated with the national homeland 
        security strategy, required to execute successfully the full 
        range of missions called for in the applicable national 
        homeland security strategy referred to in subsection (b)(1) and 
        the homeland security mission areas outlined under subsection 
        (b)(2);
            ``(E) an assessment of the organizational alignment of the 
        Department with the applicable national homeland security 
        strategy referred to in subsection (b)(1) and the homeland 
        security mission areas outlined under subsection (b)(2), 
        including the Department's organizational structure, management 
        systems, budget and accounting systems, human resources 
        systems, procurement systems, and physical and technical 
        infrastructure;
            ``(F) a discussion of the status of cooperation among 
        Federal agencies in the effort to promote national homeland 
        security;
            ``(G) a discussion of the status of cooperation between the 
        Federal Government and State, local, and tribal governments in 
        preventing terrorist attacks and preparing for emergency 
        response to threats to national homeland security;
            ``(H) an explanation of any underlying assumptions used in 
        conducting the review; and
            ``(I) any other matter the Secretary considers appropriate.
        ``(3) Public availability.--The Secretary shall, consistent 
    with the protection of national security and other sensitive 
    matters, make each report submitted under paragraph (1) publicly 
    available on the Internet website of the Department.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.
    (b) Preparation for Quadrennial Homeland Security Review.--
        (1) In general.--During fiscal years 2007 and 2008, the 
    Secretary of Homeland Security shall make preparations to conduct 
    the first quadrennial homeland security review under section 707 of 
    the Homeland Security Act of 2002, as added by subsection (a), in 
    fiscal year 2009, including--
            (A) determining the tasks to be performed;
            (B) estimating the human, financial, and other resources 
        required to perform each task;
            (C) establishing the schedule for the execution of all 
        project tasks;
            (D) ensuring that these resources will be available as 
        needed; and
            (E) all other preparations considered necessary by the 
        Secretary.
        (2) Report.--Not later than 60 days after the date of enactment 
    of this Act, the Secretary shall submit to Congress and make 
    publicly available on the Internet website of the Department of 
    Homeland Security a detailed resource plan specifying the estimated 
    budget and number of staff members that will be required for 
    preparation of the first quadrennial homeland security review.
    (c) Clerical Amendment.--The table of sections in section 1(b) of 
such Act is amended by inserting after the item relating to section 706 
the following new item:

``Sec. 707. Quadrennial Homeland Security Review.''.
SEC. 2402. SENSE OF THE CONGRESS REGARDING THE PREVENTION OF 
RADICALIZATION LEADING TO IDEOLOGICALLY-BASED VIOLENCE.
    (a) Findings.--Congress finds the following:
        (1) The United States is engaged in a struggle against a 
    transnational terrorist movement of radical extremists that plans, 
    prepares for, and engages in acts of ideologically-based violence 
    worldwide.
        (2) The threat of radicalization that leads to ideologically-
    based violence transcends borders and has been identified as a 
    potential threat within the United States.
        (3) Radicalization has been identified as a precursor to 
    terrorism caused by ideologically-based groups.
        (4) Countering the threat of violent extremists domestically, 
    as well as internationally, is a critical element of the plan of 
    the United States for success in the fight against terrorism.
        (5) United States law enforcement agencies have identified 
    radicalization that leads to ideologically-based violence as an 
    emerging threat and have in recent years identified cases of 
    extremists operating inside the United States, known as 
    ``homegrown'' extremists, with the intent to provide support for, 
    or directly commit, terrorist attacks.
        (6) Alienation of Muslim populations in the Western world has 
    been identified as a factor in the spread of radicalization that 
    could lead to ideologically-based violence.
        (7) Many other factors have been identified as contributing to 
    the spread of radicalization and resulting acts of ideologically-
    based violence. Among these is the appeal of left-wing and right-
    wing hate groups, and other hate groups, including groups operating 
    in prisons. Other such factors must be examined and countered as 
    well in order to protect the homeland from violent extremists of 
    every kind.
        (8) Radicalization leading to ideologically-based violence 
    cannot be prevented solely through law enforcement and intelligence 
    measures.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Homeland Security, in consultation with other relevant 
Federal agencies, should make a priority of countering domestic 
radicalization that leads to ideologically-based violence by--
        (1) using intelligence analysts and other experts to better 
    understand the process of radicalization from sympathizer to 
    activist to terrorist;
        (2) recruiting employees with diverse worldviews, skills, 
    languages, and cultural backgrounds, and expertise;
        (3) consulting with experts to ensure that the lexicon used 
    within public statements is precise and appropriate and does not 
    aid extremists by offending religious, ethnic, and minority 
    communities;
        (4) addressing prisoner radicalization and post-sentence 
    reintegration, in concert with the Attorney General and State and 
    local corrections officials;
        (5) pursuing broader avenues of dialogue with minority 
    communities, including the American Muslim community, to foster 
    mutual respect, understanding, and trust; and
        (6) working directly with State, local, and community leaders 
    to--
            (A) educate such leaders about the threat of radicalization 
        that leads to ideologically-based violence and the necessity of 
        taking preventative action at the local level; and
            (B) facilitate the sharing of best practices from other 
        countries and communities to encourage outreach to minority 
        communities, including the American Muslim community, and 
        develop partnerships among and between all religious faiths and 
        ethnic groups.
SEC. 2403. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES.
    The Committee on Commerce, Science, and Transportation of the 
Senate shall receive the reports required by the following provisions 
of law in the same manner and to the same extent that the reports are 
to be received by the Committee on Homeland Security and Governmental 
Affairs of the Senate:
        (1) Section 1016(j)(1) of the Intelligence Reform and Terrorist 
    Prevention Act of 2004 (6 U.S.C. 485(j)(1)).
        (2) Section 511(d) of this Act.
        (3) Subsection (a)(3)(D) of section 2022 of the Homeland 
    Security Act of 2002, as added by section 101 of this Act.
        (4) Section 7215(d) of the Intelligence Reform and Terrorism 
    Prevention Act of 2004 (6 U.S.C. 123(d)).
        (5) Section 7209(b)(1)(C) of the Intelligence Reform and 
    Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note).
        (6) Section 804(c) of this Act.
        (7) Section 901(b) of this Act.
        (8) Section 1002(a) of this Act.
        (9) Title III of this Act.
SEC. 2404. DEMONSTRATION PROJECT.
    (a) Demonstration Project Required.--Not later than 120 days after 
the date of enactment of this Act, the Secretary of Homeland Security 
shall--
        (1) establish a demonstration project to conduct demonstrations 
    of security management systems that--
            (A) shall use a management system standards approach; and
            (B) may be integrated into quality, safety, environmental 
        and other internationally adopted management systems; and
        (2) enter into one or more agreements with a private sector 
    entity to conduct such demonstrations of security management 
    systems.
    (b) Security Management System Defined.--In this section, the term 
`security management system' means a set of guidelines that address the 
security assessment needs of critical infrastructure and key resources 
that are consistent with a set of generally accepted management 
standards ratified and adopted by a standards making body.
SEC. 2405. UNDER SECRETARY FOR MANAGEMENT OF DEPARTMENT OF HOMELAND 
SECURITY.
    (a) Responsibilities.--Section 701(a) of the Homeland Security Act 
of 2002 (6 U.S.C. 341) is amended--
        (1) by inserting ``The Under Secretary for Management shall 
    serve as the Chief Management Officer and principal advisor to the 
    Secretary on matters related to the management of the Department, 
    including management integration and transformation in support of 
    homeland security operations and programs.'' before ``The 
    Secretary'';
        (2) by striking paragraph (7) and inserting the following:
        ``(7) Strategic management planning and annual performance 
    planning and identification and tracking of performance measures 
    relating to the responsibilities of the Department.''; and
        (3) by striking paragraph (9), and inserting the following:
        ``(9) The management integration and transformation process, as 
    well as the transition process, to ensure an efficient and orderly 
    consolidation of functions and personnel in the Department and 
    transition, including--
            ``(A) the development of a management integration strategy 
        for the Department, and
            ``(B) before December 1 of any year in which a Presidential 
        election is held, the development of a transition and 
        succession plan, to be made available to the incoming Secretary 
        and Under Secretary for Management, to guide the transition of 
        management functions to a new Administration.''.
    (b) Appointment and Evaluation.--Section 701 of the Homeland 
Security Act of 2002 (6 U.S.C. 341), as amended by subsection (a), is 
further amended by adding at the end the following:
    ``(c) Appointment and Evaluation.--The Under Secretary for 
Management shall--
        ``(1) be appointed by the President, by and with the advice and 
    consent of the Senate, from among persons who have--
            ``(A) extensive executive level leadership and management 
        experience in the public or private sector;
            ``(B) strong leadership skills;
            ``(C) a demonstrated ability to manage large and complex 
        organizations; and
            ``(D) a proven record in achieving positive operational 
        results;
        ``(2) enter into an annual performance agreement with the 
    Secretary that shall set forth measurable individual and 
    organizational goals; and
        ``(3) be subject to an annual performance evaluation by the 
    Secretary, who shall determine as part of each such evaluation 
    whether the Under Secretary for Management has made satisfactory 
    progress toward achieving the goals set out in the performance 
    agreement required under paragraph (2).''.
    (c) Deadline for Appointment; Incumbent.--
        (1) Deadline for appointment.--Not later than 90 days after the 
    date of the enactment of this Act, the Secretary of Homeland 
    Security shall name an individual who meets the qualifications of 
    section 701 of the Homeland Security Act (6 U.S.C. 341), as amended 
    by subsections (a) and (b), to serve as the Under Secretary of 
    Homeland Security for Management. The Secretary may submit the name 
    of the individual who serves in the position of Under Secretary of 
    Homeland Security for Management on the date of enactment of this 
    Act together with a statement that informs the Congress that the 
    individual meets the qualifications of such section as so amended.
        (2) Incumbent.--The incumbent serving as Under Secretary of 
    Homeland Security for Management on November 4, 2008, is authorized 
    to continue serving in that position until a successor is 
    confirmed, to ensure continuity in the management functions of the 
    Department.
    (d) Sense of Congress With Respect to Service of Incumbents.--It is 
the sense of the Congress that the person serving as Under Secretary of 
Homeland Security for Management on the date on which a Presidential 
election is held should be encouraged by the newly-elected President to 
remain in office in a new Administration until such time as a successor 
is confirmed by Congress.
    (e) Executive Schedule.--Section 5313 of title 5, United States 
Code, is amended by inserting after the item relating to the Deputy 
Secretary of Homeland Security the following:
    ``Under Secretary of Homeland Security for Management.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```