In the Senate of the United States,

July 9, 2007.

Resolved, That the bill from the House of Representatives (H.R. 1) entitled ‘‘An Act to provide for the implementation of the recommendations of the National Commission

on Terrorist Attacks Upon the United States.’’, do pass with

the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Improving America’s

3 Security Act of 2007’’.

4 SEC. 2. DEFINITIONS.

5 In this Act:

6 (1) DEPARTMENT.—The term ‘‘Department’’

7 means the Department of Homeland Security.

8 (2) SECRETARY.—The term ‘‘Secretary’’ means

9 the Secretary of Homeland Security.
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1 SEC. 3. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Definitions.

Sec. 3. Table of contents.

TITLE I—IMPROVING INTELLIGENCE AND INFORMATION SHARING

WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL,

AND TRIBAL GOVERNMENTS

Subtitle A—Homeland Security Information Sharing Enhancement

Sec. 111. Homeland Security Advisory System and information sharing.

Sec. 112. Information sharing.

Sec. 113. Intelligence training development for State and local government officials.

Sec. 114. Information sharing incentives.

Subtitle B—Homeland Security Information Sharing Partnerships

Sec. 121. State, Local, and Regional Fusion Center Initiative.

Sec. 122. Homeland Security Information Sharing Fellows Program.

Sec. 123. Rural Policing Institute.

Subtitle C—Interagency Threat Assessment and Coordination Group

Sec. 131. Interagency Threat Assessment and Coordination Group.

TITLE II—HOMELAND SECURITY GRANTS

Sec. 201. Short title.

Sec. 202. Homeland Security Grant Program.

Sec. 203. Equipment technical assistance training.

Sec. 204. Technical and conforming amendments.

TITLE III—COMMUNICATIONS OPERABILITY AND

INTEROPERABILITY

Sec. 301. Dedicated funding to achieve emergency communications operability

and interoperable communications.

Sec. 302. Border Interoperability Demonstration Project.

TITLE IV—EMERGENCY MANAGEMENT PERFORMANCE GRANTS

PROGRAM

Sec. 401. Emergency Management Performance Grants Program.

TITLE V—ENHANCING SECURITY OF INTERNATIONAL TRAVEL

Sec. 501. Modernization of the visa waiver program.

Sec. 502. Strengthening the capabilities of the Human Smuggling and Trafficking Center.

Sec. 503. Enhancements to the Terrorist Travel Program.

Sec. 504. Enhanced driver’s license.

Sec. 505. Western Hemisphere Travel Initiative.

Sec. 506. Model ports-of-entry.
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TITLE VI—PRIVACY AND CIVIL LIBERTIES MATTERS

Sec. 601. Modification of authorities relating to Privacy and Civil Liberties Oversight Board.

Sec. 602. Privacy and civil liberties officers.

Sec. 603. Department Privacy Officer.

Sec. 604. Federal Agency Data Mining Reporting Act of 2007.

TITLE VII—ENHANCED DEFENSES AGAINST WEAPONS OF MASS

DESTRUCTION

Sec. 701. National Biosurveillance Integration Center.

Sec. 702. Biosurveillance efforts.

Sec. 703. Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction.

TITLE VIII—PRIVATE SECTOR PREPAREDNESS

Sec. 801. Definitions.

Sec. 802. Responsibilities of the private sector office of the department.

Sec. 803. Voluntary national preparedness standards compliance; accreditation

and certification program for the private sector.

Sec. 804. Sense of Congress regarding promoting an international standard for

private sector preparedness.

Sec. 805. Demonstration project.

Sec. 806. Report to Congress.

Sec. 807. Rule of construction.

TITLE IX—TRANSPORTATION SECURITY PLANNING AND

INFORMATION SHARING

Sec. 901. Transportation security strategic planning.

Sec. 902. Transportation security information sharing.

Sec. 903. Transportation Security Administration personnel management.

Sec. 904. Appeal rights and employee engagement mechanism for passenger and

property screeners.

Sec. 905. Plan for 100 percent scanning of cargo containers.

TITLE X—INCIDENT COMMAND SYSTEM

Sec. 1001. Preidentifying and evaluating multijurisdictional facilities to strengthen incident command; private sector preparedness.

Sec. 1002. Credentialing and typing to strengthen incident command.

TITLE XI—CRITICAL INFRASTRUCTURE PROTECTION

Sec. 1101. Critical infrastructure protection.

Sec. 1102. Risk assessment and report.

Sec. 1103. Use of existing capabilities.

Sec. 1104. Priorities and allocations.

TITLE XII—CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Sec. 1201. Availability to public of certain intelligence funding information.

Sec. 1202. Response of intelligence community to requests from Congress.

Sec. 1203. Public Interest Declassification Board.
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Sec. 1204. Sense of the Senate regarding a report on the 9/11 Commission recommendations with respect to intelligence reform and congressional intelligence oversight reform.

Sec. 1205. Availability of funds for the Public Interest Declassification Board.

Sec. 1206. Availability of the Executive Summary of the Report on Central Intelligence Agency Accountability Regarding the Terrorist Attacks of

September 11, 2001.

TITLE XIII—INTERNATIONAL COOPERATION ON ANTITERRORISM

TECHNOLOGIES

Sec. 1301. Promoting antiterrorism capabilities through international cooperation.

Sec. 1302. Transparency of funds.

TITLE XIV—TRANSPORTATION AND INTEROPERABLE

COMMUNICATION CAPABILITIES

Sec. 1401. Short title.

Subtitle A—Surface Transportation and Rail Security

Sec. 1411. Definition.

PART I—IMPROVED RAIL SECURITY

Sec. 1421. Rail transportation security risk assessment.

Sec. 1422. Systemwide Amtrak security upgrades.

Sec. 1423. Fire and life-safety improvements.

Sec. 1424. Freight and passenger rail security upgrades.

Sec. 1425. Rail security research and development.

Sec. 1426. Oversight and grant procedures.

Sec. 1427. Amtrak plan to assist families of passengers involved in rail passenger

accidents.

Sec. 1428. Northern border rail passenger report.

Sec. 1429. Rail worker security training program.

Sec. 1430. Whistleblower protection program.

Sec. 1431. High hazard material security risk mitigation plans.

Sec. 1432. Enforcement authority.

Sec. 1433. Rail security enhancements.

Sec. 1434. Public awareness.

Sec. 1435. Railroad high hazard material tracking.

Sec. 1436. Unified carrier registration system plan agreement.

Sec. 1437. Authorization of appropriations.

Sec. 1438. Applicability of District of Columbia law to certain Amtrak contracts.

PART II—IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL

SECURITY

Sec. 1441. Hazardous materials highway routing.

Sec. 1442. Motor carrier high hazard material tracking.

Sec. 1443. Memorandum of agreement.

Sec. 1444. Hazardous materials security inspections and enforcement.

Sec. 1445. Truck security assessment.

Sec. 1446. National public sector response system.

Sec. 1447. Over-the-road bus security assistance.

Sec. 1448. Pipeline security and incident recovery plan.
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Sec. 1449. Pipeline security inspections and enforcement.

Sec. 1450. Technical corrections.

Sec. 1451. Certain personnel limitations not to apply.

Sec. 1452. Maritime and surface transportation security user fee study.

Sec. 1453. DHS Inspector General report on Highway Watch grant program.

Sec. 1454. Prohibition of issuance of transportation security cards to convicted

felons.

Sec. 1455. Prohibition of issuance of transportation security cards to convicted

felons.

Subtitle B—Aviation Security Improvement

Sec. 1461. Extension of authorization for aviation security funding.

Sec. 1462. Passenger aircraft cargo screening.

Sec. 1463. Blast-resistant cargo containers.

Sec. 1464. Protection of air cargo on passenger planes from explosives.

Sec. 1465. In-line baggage screening.

Sec. 1466. Enhancement of in-line baggage system deployment.

Sec. 1467. Research and development of aviation transportation security technology.

Sec. 1468. Certain TSA personnel limitations not to apply.

Sec. 1469. Specialized training.

Sec. 1470. Explosive detection at passenger screening checkpoints.

Sec. 1471. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight.

Sec. 1472. Strategic plan to test and implement advanced passenger prescreening

system.

Sec. 1473. Repair station security.

Sec. 1474. General aviation security.

Sec. 1475. Security credentials for airline crews.

Sec. 1476. National explosives detection canine team training center.

Sec. 1477. Law enforcement biometric credential.

Sec. 1478. Employee retention internship program.

Sec. 1479. Pilot project to reduce the number of transportation security officers

at airport exit lanes.

Subtitle C—Interoperable Emergency Communications

Sec. 1481. Interoperable emergency communications.

Sec. 1482. Rule of construction.

Sec. 1483. Cross border interoperability reports.

Sec. 1484. Extension of short quorum.

Sec. 1485. Requiring reports to be submitted to certain committees.

TITLE XV—PUBLIC TRANSPORTATION TERRORISM PREVENTION

Sec. 1501. Short title.

Sec. 1502. Findings.

Sec. 1503. Security assessments.

Sec. 1504. Security assistance grants.

Sec. 1505. Public transportation security training program.

Sec. 1506. Intelligence sharing.

Sec. 1507. Research, development, and demonstration grants and contracts.

Sec. 1508. Reporting requirements.

Sec. 1509. Authorization of appropriations.

Sec. 1510. Sunset provision.
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TITLE XVI—MISCELLANEOUS PROVISIONS

Sec. 1601. Deputy Secretary of Homeland Security for Management.

Sec. 1602. Sense of the Senate regarding combating domestic radicalization.

Sec. 1603. Sense of the Senate regarding oversight of Homeland Security.

Sec. 1604. Report regarding border security.

Sec. 1605. Law Enforcement Assistance Force.

Sec. 1606. Quadrennial homeland security review.

Sec. 1607. Integration of detection equipment and technologies.

TITLE XVII—911 MODERNIZATION

Sec. 1701. Short title.

Sec. 1702. Funding for program.

Sec. 1703. NTIA coordination of E–911 implementation.

TITLE XVIII—MODERNIZATION OF THE AMERICAN NATIONAL RED

CROSS

Sec. 1801. Short title.

Sec. 1802. Findings; Sense of Congress.

Sec. 1803. Organization.

Sec. 1804. Purposes.

Sec. 1805. Membership and chapters.

Sec. 1806. Board of governors.

Sec. 1807. Powers.

Sec. 1808. Annual meeting.

Sec. 1809. Endowment fund.

Sec. 1810. Annual report and audit.

Sec. 1811. Comptroller General of the United States and Office of the Ombudsman.

TITLE XIX—ADVANCEMENT OF DEMOCRATIC VALUES

Sec. 1901. Short title.

Sec. 1902. Findings.

Sec. 1903. Statement of policy.

Sec. 1904. Definitions.

SUBTITLE A—LIAISON OFFICERS AND FELLOWSHIP PROGRAM TO ENHANCE

THE PROMOTION OF DEMOCRACY

Sec. 1911. Democracy Liaison Officers.

Sec. 1912. Democracy Fellowship Program.

Sec. 1913. Transparency of United States broadcasting to assist in oversight and

ensure promotion of human rights and democracy in international broadcasts.

SUBTITLE B—ANNUAL REPORT ON ADVANCING FREEDOM AND DEMOCRACY

Sec. 1921. Annual report.

Sec. 1922. Sense of Congress on translation of human rights reports.

SUBTITLE C—ADVISORY COMMITTEE ON DEMOCRACY PROMOTION AND THE

INTERNET WEBSITE OF THE DEPARTMENT OF STATE

Sec. 1931. Advisory Committee on Democracy Promotion.

Sec. 1932. Sense of Congress on the Internet website of the Department of State.
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SUBTITLE D—TRAINING IN DEMOCRACY AND HUMAN RIGHTS; PROMOTIONS

Sec. 1941. Sense of Congress on training in democracy and human rights.

Sec. 1942. Sense of Congress on ADVANCE Democracy Award.

Sec. 1943. Promotions.

Sec. 1944. Programs by United States missions in foreign countries and activities

of chiefs of mission.

SUBTITLE E—ALLIANCES WITH DEMOCRATIC COUNTRIES

Sec. 1951. Alliances with democratic countries.

SUBTITLE F—FUNDING FOR PROMOTION OF DEMOCRACY

Sec. 1961. Sense of Congress on the United Nations Democracy Fund.

Sec. 1962. The Human Rights and Democracy Fund.

1 TITLE I—IMPROVING INTEL2 LIGENCE AND INFORMATION

3 SHARING WITHIN THE FED4 ERAL GOVERNMENT AND

5 WITH STATE, LOCAL, AND

6 TRIBAL GOVERNMENTS

7 Subtitle A—Homeland Security

8 Information Sharing Enhancement

9 SEC. 111. HOMELAND SECURITY ADVISORY SYSTEM AND IN10 FORMATION SHARING.

11 (a) ADVISORY SYSTEM AND INFORMATION SHARING.—

12 (1) IN GENERAL.—Subtitle A of title II of the

13 Homeland Security Act of 2002 (6 U.S.C. 121 et seq.)

14 is amended by adding at the end the following:

15 ‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

16 ‘‘(a) REQUIREMENT.—The Secretary shall administer

17 the Homeland Security Advisory System in accordance

18 with this section to provide warnings regarding the risk of
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1 terrorist attacks on the homeland to Federal, State, local,

2 and tribal government authorities and to the people of the

3 United States, as appropriate. The Secretary shall exercise

4 primary responsibility for providing such warnings.

5 ‘‘(b) REQUIRED ELEMENTS.—In administering the

6 Homeland Security Advisory System, the Secretary shall—

7 ‘‘(1) establish criteria for the issuance and rev8 ocation of such warnings;

9 ‘‘(2) develop a methodology, relying on the cri10 teria established under paragraph (1), for the

11 issuance and revocation of such warnings;

12 ‘‘(3) provide, in each such warning, specific in13 formation and advice regarding appropriate protec14 tive measures and countermeasures that may be taken

15 in response to that risk, at the maximum level of de16 tail practicable to enable individuals, government en17 tities, emergency response providers, and the private

18 sector to act appropriately; and

19 ‘‘(4) whenever possible, limit the scope of each

20 such warning to a specific region, locality, or eco21 nomic sector believed to be at risk.

22 ‘‘SEC. 204. HOMELAND SECURITY INFORMATION SHARING.

23 ‘‘(a) INFORMATION SHARING.—Consistent with section

24 1016 of the Intelligence Reform and Terrorism Prevention

25 Act of 2004 (6 U.S.C. 485), the Secretary shall integrate
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1 and standardize the information of the intelligence compo2 nents of the Department, except for any internal protocols

3 of such intelligence components, to be administered by the

4 Chief Intelligence Officer.

5 ‘‘(b) INFORMATION SHARING AND KNOWLEDGE MAN6 AGEMENT OFFICERS.—For each intelligence component of

7 the Department, the Secretary shall designate an informa8 tion sharing and knowledge management officer who shall

9 report to the Chief Intelligence Officer regarding coordi10 nating the different systems used in the Department to

11 gather and disseminate homeland security information.

12 ‘‘(c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES

13 OF INFORMATION.—

14 ‘‘(1) ESTABLISHMENT OF BUSINESS PROC15 ESSES.—The Chief Intelligence Officer shall—

16 ‘‘(A) establish Department-wide procedures

17 for the review and analysis of information gath18 ered from sources in State, local, and tribal gov19 ernment and the private sector;

20 ‘‘(B) as appropriate, integrate such infor21 mation into the information gathered by the De22 partment and other departments and agencies of

23 the Federal Government; and

24 ‘‘(C) make available such information, as

25 appropriate, within the Department and to other
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1 departments and agencies of the Federal Govern2 ment.

3 ‘‘(2) FEEDBACK.—The Secretary shall develop

4 mechanisms to provide feedback regarding the anal5 ysis and utility of information provided by any enti6 ty of State, local, or tribal government or the private

7 sector that gathers information and provides such in8 formation to the Department.

9 ‘‘(d) TRAINING AND EVALUATION OF EMPLOYEES.—

10 ‘‘(1) TRAINING.—The Chief Intelligence Officer

11 shall provide to employees of the Department opportu12 nities for training and education to develop an un13 derstanding of—

14 ‘‘(A) the definition of homeland security in15 formation; and

16 ‘‘(B) how information available to such em17 ployees as part of their duties—

18 ‘‘(i) might qualify as homeland secu19 rity information; and

20 ‘‘(ii) might be relevant to the intel21 ligence components of the Department.

22 ‘‘(2) EVALUATIONS.—The Chief Intelligence Offi23 cer shall—

24 ‘‘(A) on an ongoing basis, evaluate how em25 ployees of the Office of Intelligence and Analysis
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1 and the intelligence components of the Depart2 ment are utilizing homeland security informa3 tion, sharing information within the Depart4 ment, as described in this subtitle, and partici5 pating in the information sharing environment

6 established under section 1016 of the Intelligence

7 Reform and Terrorism Prevention Act of 2004 (6

8 U.S.C. 485); and

9 ‘‘(B) provide a report regarding any eval10 uation under subparagraph (A) to the appro11 priate component heads.

12 ‘‘SEC. 205. COORDINATION WITH INFORMATION SHARING

13 ENVIRONMENT.

14 ‘‘All activities to comply with sections 203 and 204

15 shall be—

16 ‘‘(1) implemented in coordination with the pro17 gram manager for the information sharing environ18 ment established under section 1016 of the Intelligence

19 Reform and Terrorism Prevention Act of 2004 (6

20 U.S.C. 485); and

21 ‘‘(2) consistent with and support the establish22 ment of that environment, and any policies, guide23 lines, procedures, instructions, or standards estab24 lished by the President or, as appropriate, the pro-
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1 gram manager for the implementation and manage2 ment of that environment.’’.

3 (2) TECHNICAL AND CONFORMING AMEND4 MENTS.—

5 (A) IN GENERAL.—Section 201(d) of the

6 Homeland Security Act of 2002 (6 U.S.C.

7 121(d)) is amended—

8 (i) by striking paragraph (7); and

9 (ii) by redesignating paragraphs (8)

10 through (19) as paragraphs (7) through

11 (18), respectively.

12 (B) TABLE OF CONTENTS.—The table of

13 contents in section 1(b) of the Homeland Secu14 rity Act of 2002 (6 U.S.C. 101 et seq.) is amend15 ed by inserting after the item relating to section

16 202 the following:

‘‘Sec. 203. Homeland Security Advisory System.

‘‘Sec. 204. Homeland Security Information Sharing.

‘‘Sec. 205. Coordination with information sharing environment.’’.

17 (b) INTELLIGENCE COMPONENT DEFINED.—

18 (1) IN GENERAL.—Section 2 of the Homeland

19 Security Act of 2002 (6 U.S.C. 101) is amended—

20 (A) by redesignating paragraphs (9)

21 through (16) as paragraphs (10) through (17),

22 respectively; and

23 (B) by inserting after paragraph (8) the fol24 lowing:
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1 ‘‘(9) The term ‘intelligence component of the De2 partment’ means any directorate, agency, or other ele3 ment or entity of the Department that gathers, re4 ceives, analyzes, produces, or disseminates homeland

5 security information.’’.

6 (2) TECHNICAL AND CONFORMING AMEND7 MENTS.—

8 (A) HOMELAND SECURITY ACT OF 2002.—

9 Section 501(11) of the Homeland Security Act of

10 2002 (6 U.S.C. 311(11)) is amended by striking

11 ‘‘section 2(10)(B)’’ and inserting ‘‘section

12 2(11)(B)’’.

13 (B) OTHER LAW.—Section 712(a) of title

14 14, United States Code, is amended by striking

15 ‘‘section 2(15) of the Homeland Security Act of

16 2002 (6 U.S.C. 101(15))’’ and inserting ‘‘section

17 2(16) of the Homeland Security Act of 2002 (6

18 U.S.C. 101(16))’’.

19 (c) RESPONSIBILITIES OF THE UNDER SECRETARY

20 FOR INFORMATION ANALYSIS AND INFRASTRUCTURE PRO21 TECTION.—Section 201(d) of the Homeland Security Act of

22 2002 (6 U.S.C. 121(d)) is amended—

23 (1) in paragraph (1), by inserting ‘‘, in support

24 of the mission responsibilities of the Department and

25 consistent with the functions of the National
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1 Counterterrorism Center established under section 119

2 of the National Security Act of 1947 (50 U.S.C. 50

3 U.S.C. 404o),’’ after ‘‘and to integrate such informa4 tion’’; and

5 (2) by striking paragraph (7), as redesignated by

6 subsection (a)(2)(A) of this section, and inserting the

7 following:

8 ‘‘(7) To review, analyze, and make recommenda9 tions for improvements in the policies and procedures

10 governing the sharing of intelligence information, in11 telligence-related information, and other information

12 relating to homeland security within the Federal Gov13 ernment and among the Federal Government and

14 State, local, and tribal government agencies and au15 thorities, consistent with the information sharing en16 vironment established under section 1016 of the Intel17 ligence Reform and Terrorism Prevention Act of 2004

18 (6 U.S.C. 485) and any policies, guidelines, proce19 dures, instructions or standards established by the

20 President or, as appropriate, the program manager

21 for the implementation and management of that envi22 ronment.’’.

23 SEC. 112. INFORMATION SHARING.

24 Section 1016 of the Intelligence Reform and Terrorist

25 Prevention Act of 2004 (6 U.S.C. 485) is amended—
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1 (1) in subsection (a)—

2 (A) by redesignating paragraphs (1)

3 through (4) as paragraphs (2) through (5), re4 spectively;

5 (B) by inserting before paragraph (2), as so

6 redesignated, the following:

7 ‘‘(1) HOMELAND SECURITY INFORMATION.—The

8 term ‘homeland security information’ has the mean9 ing given that term in section 892 of the Homeland

10 Security Act of 2002 (6 U.S.C. 482).’’;

11 (C) in paragraph (5), as so redesignated—

12 (i) by redesignating subparagraphs (A)

13 through (D) as clauses (i) through (iv), re14 spectively, and adjusting the margin ac15 cordingly;

16 (ii) by striking ‘‘ ‘terrorism informa17 tion’ means’’ and inserting the following:

18 ‘‘ ‘terrorism information’—

19 ‘‘(A) means’’;

20 (iii) in subparagraph (A)(iv), as so re21 designated, by striking the period at the end

22 and inserting ‘‘; and’’; and

23 (iv) by adding at the end the following:
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1 ‘‘(B) includes homeland security informa2 tion and weapons of mass destruction informa3 tion.’’; and

4 (D) by adding at the end the following:

5 ‘‘(6) WEAPONS OF MASS DESTRUCTION INFORMA6 TION.—The term ‘weapons of mass destruction infor7 mation’ means information that could reasonably be

8 expected to assist in the development, proliferation, or

9 use of a weapon of mass destruction (including chem10 ical, biological, radiological, and nuclear weapons)

11 that could be used by a terrorist or a terrorist organi12 zation against the United States, including informa13 tion about the location of any stockpile of nuclear

14 materials that could be exploited for use in such a

15 weapon that could be used by a terrorist or a terrorist

16 organization against the United States.’’;

17 (2) in subsection (b)(2)—

18 (A) in subparagraph (H), by striking

19 ‘‘and’’ at the end;

20 (B) in subparagraph (I), by striking the pe21 riod at the end and inserting a semicolon; and

22 (C) by adding at the end the following:

23 ‘‘(J) integrates the information within the

24 scope of the information sharing environment,
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1 including any such information in legacy tech2 nologies;

3 ‘‘(K) integrates technologies, including all

4 legacy technologies, through Internet-based serv5 ices;

6 ‘‘(L) allows the full range of analytic and

7 operational activities without the need to cen8 tralize information within the scope of the infor9 mation sharing environment;

10 ‘‘(M) permits analysts to collaborate both

11 independently and in a group (commonly known

12 as ‘collective and noncollective collaboration’),

13 and across multiple levels of national security

14 information and controlled unclassified informa15 tion;

16 ‘‘(N) provides a resolution process that en17 ables changes by authorized officials regarding

18 rules and policies for the access, use, and reten19 tion of information within the scope of the infor20 mation sharing environment; and

21 ‘‘(O) incorporates continuous, real-time,

22 and immutable audit capabilities, to the max23 imum extent practicable.’’;

24 (3) in subsection (f)—

25 (A) in paragraph (1)—
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1 (i) by striking ‘‘during the two-year

2 period beginning on the date of designation

3 under this paragraph unless sooner’’ and

4 inserting ‘‘until’’; and

5 (ii) by striking ‘‘The program manager

6 shall have and exercise governmentwide au7 thority.’’ and inserting ‘‘Except as other8 wise expressly provided by law, the program

9 manager, in consultation with the head of

10 any affected department or agency, shall

11 have and exercise governmentwide authority

12 over the sharing of information within the

13 scope of the information sharing environ14 ment by all Federal departments, agencies,

15 and components, irrespective of the Federal

16 department, agency, or component in which

17 the program manager may be administra18 tively located.’’; and

19 (B) in paragraph (2)(A)—

20 (i) by redesignating clause (iii) as

21 clause (v); and

22 (ii) by striking clause (ii) and insert23 ing the following:
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1 ‘‘(ii) assist in the development of poli2 cies, as appropriate, to foster the develop3 ment and proper operation of the ISE;

4 ‘‘(iii) issue governmentwide procedures,

5 guidelines, instructions, and functional

6 standards, as appropriate, for the manage7 ment, development, and proper operation of

8 the ISE;

9 ‘‘(iv) identify and resolve information

10 sharing disputes between Federal depart11 ments, agencies, and components; and’’;

12 (4) in subsection (g)—

13 (A) in paragraph (1), by striking ‘‘during

14 the two-year period beginning on the date of the

15 initial designation of the program manager by

16 the President under subsection (f)(1), unless

17 sooner’’ and inserting ‘‘until’’;

18 (B) in paragraph (2)—

19 (i) in subparagraph (F), by striking

20 ‘‘and’’ at the end;

21 (ii) by redesignating subparagraph (G)

22 as subparagraph (I); and

23 (iii) by inserting after subparagraph

24 (F) the following:
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1 ‘‘(G) assist the program manager in identi2 fying and resolving information sharing disputes

3 between Federal departments, agencies, and com4 ponents;

5 ‘‘(H) identify appropriate personnel for as6 signment to the program manager to support

7 staffing needs identified by the program man8 ager; and’’;

9 (C) in paragraph (4), by inserting ‘‘(in10 cluding any subsidiary group of the Information

11 Sharing Council)’’ before ‘‘shall not be subject’’;

12 and

13 (D) by adding at the end the following:

14 ‘‘(5) DETAILEES.—Upon a request by the Direc15 tor of National Intelligence, the departments and

16 agencies represented on the Information Sharing

17 Council shall detail to the program manager, on a re18 imbursable basis, appropriate personnel identified

19 under paragraph (2)(H).’’;

20 (5) in subsection (h)(1), by striking ‘‘and annu21 ally thereafter’’ and inserting ‘‘and not later than

22 June 30 of each year thereafter’’; and

23 (6) by striking subsection (j) and inserting the

24 following:
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1 ‘‘(j) REPORT ON THE INFORMATION SHARING ENVI2 RONMENT.—

3 ‘‘(1) IN GENERAL.—Not later than 180 days

4 after the date of enactment of the Improving Amer5 ica’s Security Act of 2007, the President shall report

6 to the Committee on Homeland Security and Govern7 mental Affairs of the Senate, the Select Committee on

8 Intelligence of the Senate, the Committee on Home9 land Security of the House of Representatives, and

10 the Permanent Select Committee on Intelligence of the

11 House of Representatives on the feasibility of—

12 ‘‘(A) eliminating the use of any marking or

13 process (including ‘Originator Control’) intended

14 to, or having the effect of, restricting the sharing

15 of information within the scope of the informa16 tion sharing environment between and among

17 participants in the information sharing environ18 ment, unless the President has—

19 ‘‘(i) specifically exempted categories of

20 information from such elimination; and

21 ‘‘(ii) reported that exemption to the

22 committees of Congress described in the

23 matter preceding this subparagraph; and

24 ‘‘(B) continuing to use Federal agency

25 standards in effect on such date of enactment for
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1 the collection, sharing, and access to information

2 within the scope of the information sharing envi3 ronment relating to citizens and lawful perma4 nent residents;

5 ‘‘(C) replacing the standards described in

6 subparagraph (B) with a standard that would

7 allow mission-based or threat-based permission

8 to access or share information within the scope

9 of the information sharing environment for a

10 particular purpose that the Federal Government,

11 through an appropriate process, has determined

12 to be lawfully permissible for a particular agen13 cy, component, or employee (commonly known as

14 an ‘authorized use’ standard); and

15 ‘‘(D) the use of anonymized data by Federal

16 departments, agencies, or components collecting,

17 possessing, disseminating, or handling informa18 tion within the scope of the information sharing

19 environment, in any cases in which—

20 ‘‘(i) the use of such information is rea21 sonably expected to produce results materi22 ally equivalent to the use of information

23 that is transferred or stored in a non24 anonymized form; and
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1 ‘‘(ii) such use is consistent with any

2 mission of that department, agency, or com3 ponent (including any mission under a

4 Federal statute or directive of the President)

5 that involves the storage, retention, sharing,

6 or exchange of personally identifiable infor7 mation.

8 ‘‘(2) DEFINITION.—In this subsection, the term

9 ‘anonymized data’ means data in which the indi10 vidual to whom the data pertains is not identifiable

11 with reasonable efforts, including information that

12 has been encrypted or hidden through the use of other

13 technology.

14 ‘‘(k) ADDITIONAL POSITIONS.—The program manager

15 is authorized to hire not more than 40 full-time employees

16 to assist the program manager in—

17 ‘‘(1) identifying and resolving information shar18 ing disputes between Federal departments, agencies,

19 and components under subsection (f)(2)(A)(iv); and

20 ‘‘(2) other activities associated with the imple21 mentation of the information sharing environment,

22 including—

23 ‘‘(A) implementing the requirements under

24 subsection (b)(2); and
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1 ‘‘(B) any additional implementation initia2 tives to enhance and expedite the creation of the

3 information sharing environment.

4 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section

6 $30,000,000 for each of fiscal years 2008 and 2009.’’.

7 SEC. 113. INTELLIGENCE TRAINING DEVELOPMENT FOR

8 STATE AND LOCAL GOVERNMENT OFFICIALS.

9 (a) CURRICULUM.—The Secretary, acting through the

10 Chief Intelligence Officer, shall—

11 (1) develop curriculum for the training of State,

12 local, and tribal government officials relating to the

13 handling, review, and development of intelligence ma14 terial; and

15 (2) ensure that the curriculum includes executive

16 level training.

17 (b) TRAINING.—To the extent possible, the Federal

18 Law Enforcement Training Center and other existing Fed19 eral entities with the capacity and expertise to train State,

20 local, and tribal government officials based on the cur21 riculum developed under subsection (a) shall be used to

22 carry out the training programs created under this section.

23 If such entities do not have the capacity, resources, or capa24 bilities to conduct such training, the Secretary may approve

25 another entity to conduct the training.
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1 (c) CONSULTATION.—In carrying out the duties de2 scribed in subsection (a), the Chief Intelligence Officer shall

3 consult with the Director of the Federal Law Enforcement

4 Training Center, the Attorney General, the Director of Na5 tional Intelligence, the Administrator of the Federal Emer6 gency Management Agency, and other appropriate parties,

7 such as private industry, institutions of higher education,

8 nonprofit institutions, and other intelligence agencies of the

9 Federal Government.

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated such sums as are necessary

12 to carry out this section.

13 SEC. 114. INFORMATION SHARING INCENTIVES.

14 (a) AWARDS.—In making cash awards under chapter

15 45 of title 5, United States Code, the President or the head

16 of an agency, in consultation with the program manager

17 designated under section 1016 of the Intelligence Reform

18 and Terrorist Prevention Act of 2004 (6 U.S.C. 485), may

19 consider the success of an employee in sharing information

20 within the scope of the information sharing environment

21 established under that section in a manner consistent with

22 any policies, guidelines, procedures, instructions, or stand23 ards established by the President or, as appropriate, the

24 program manager of that environment for the implementa25 tion and management of that environment.
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1 (b) OTHER INCENTIVES.—The head of each depart2 ment or agency described in section 1016(i) of the Intel3 ligence Reform and Terrorist Prevention Act of 2004 (6

4 U.S.C. 485(i)), in consultation with the program manager

5 designated under section 1016 of the Intelligence Reform

6 and Terrorist Prevention Act of 2004 (6 U.S.C. 485), shall

7 adopt best practices regarding effective ways to educate and

8 motivate officers and employees of the Federal Government

9 to engage in the information sharing environment,

10 including—

11 (1) promotions and other nonmonetary awards;

12 and

13 (2) publicizing information sharing accomplish14 ments by individual employees and, where appro15 priate, the tangible end benefits that resulted.

16 Subtitle B—Homeland Security

17 Information Sharing Partnerships

18 SEC. 121. STATE, LOCAL, AND REGIONAL FUSION CENTER

19 INITIATIVE.

20 (a) IN GENERAL.—Subtitle A of title II of the Home21 land Security Act of 2002 (6 U.S.C. 121 et seq.), as amend22 ed by this Act, is amended by adding at the end the fol23 lowing:
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1 ‘‘SEC. 206. STATE, LOCAL, AND REGIONAL FUSION CENTER

2 INITIATIVE.

3 ‘‘(a) DEFINITIONS.—In this section—

4 ‘‘(1) the term ‘Chief Intelligence Officer’ means

5 the Chief Intelligence Officer of the Department;

6 ‘‘(2) the term ‘fusion center’ means a collabo7 rative effort of 2 or more Federal, State, local, or trib8 al government agencies that combines resources, ex9 pertise, or information with the goal of maximizing

10 the ability of such agencies to detect, prevent, inves11 tigate, apprehend, and respond to criminal or ter12 rorist activity;

13 ‘‘(3) the term ‘information sharing environment’

14 means the information sharing environment estab15 lished under section 1016 of the Intelligence Reform

16 and Terrorism Prevention Act of 2004 (6 U.S.C. 485);

17 ‘‘(4) the term ‘intelligence analyst’ means an in18 dividual who regularly advises, administers, super19 vises, or performs work in the collection, analysis,

20 evaluation, reporting, production, or dissemination of

21 information on political, economic, social, cultural,

22 physical, geographical, scientific, or military condi23 tions, trends, or forces in foreign or domestic areas

24 that directly or indirectly affect national security;

25 ‘‘(5) the term ‘intelligence-led policing’ means

26 the collection and analysis of information to produce
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1 an intelligence end product designed to inform law

2 enforcement decision making at the tactical and stra3 tegic levels; and

4 ‘‘(6) the term ‘terrorism information’ has the

5 meaning given that term in section 1016 of the Intel6 ligence Reform and Terrorist Prevention Act of 2004

7 (6 U.S.C. 485).

8 ‘‘(b) ESTABLISHMENT.—The Secretary, in consulta9 tion with the program manager of the information sharing

10 environment established under section 1016 of the Intel11 ligence Reform and Terrorist Prevention Act of 2004 (6

12 U.S.C. 485), the Attorney General, the Privacy Officer of

13 the Department, the Officer for Civil Rights and Civil Lib14 erties of the Department, and the Privacy and Civil Lib15 erties Oversight Board established under section 1061 of the

16 Intelligence Reform and Terrorist Prevention Act of 2004

17 (5 U.S.C. 601 note), shall establish a State, Local, and Re18 gional Fusion Center Initiative to establish partnerships

19 with State, local, and regional fusion centers.

20 ‘‘(c) DEPARTMENT SUPPORT AND COORDINATION.—

21 Through the State, Local, and Regional Fusion Center Ini22 tiative, the Secretary shall—

23 ‘‘(1) coordinate with the principal officer of each

24 State, local, or regional fusion center and the officer
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1 designated as the Homeland Security Advisor of the

2 State;

3 ‘‘(2) provide operational and intelligence advice

4 and assistance to State, local, and regional fusion

5 centers;

6 ‘‘(3) support efforts to include State, local, and

7 regional fusion centers into efforts to establish an in8 formation sharing environment;

9 ‘‘(4) conduct exercises, including live training

10 exercises, to regularly assess the capability of indi11 vidual and regional networks of State, local, and re12 gional fusion centers to integrate the efforts of such

13 networks with the efforts of the Department;

14 ‘‘(5) coordinate with other relevant Federal enti15 ties engaged in homeland security-related activities;

16 ‘‘(6) provide analytic and reporting advice and

17 assistance to State, local, and regional fusion centers;

18 ‘‘(7) review homeland security information gath19 ered by State, local, and regional fusion centers and

20 incorporate relevant information with homeland secu21 rity information of the Department;

22 ‘‘(8) provide management assistance to State,

23 local, and regional fusion centers;
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1 ‘‘(9) serve as a point of contact to ensure the dis2 semination of relevant homeland security informa3 tion;

4 ‘‘(10) facilitate close communication and coordi5 nation between State, local, and regional fusion cen6 ters and the Department;

7 ‘‘(11) provide State, local, and regional fusion

8 centers with expertise on Department resources and

9 operations;

10 ‘‘(12) provide training to State, local, and re11 gional fusion centers and encourage such fusion cen12 ters to participate in terrorist threat-related exercises

13 conducted by the Department; and

14 ‘‘(13) carry out such other duties as the Sec15 retary determines are appropriate.

16 ‘‘(d) PERSONNEL ASSIGNMENT.—

17 ‘‘(1) IN GENERAL.—The Chief Intelligence Officer

18 may, to the maximum extent practicable, assign offi19 cers and intelligence analysts from components of the

20 Department to State, local, and regional fusion cen21 ters.

22 ‘‘(2) PERSONNEL SOURCES.—Officers and intel23 ligence analysts assigned to fusion centers under this

24 subsection may be assigned from the following De-
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1 partment components, in consultation with the re2 spective component head:

3 ‘‘(A) Office of Intelligence and Analysis, or

4 its successor.

5 ‘‘(B) Office of Infrastructure Protection.

6 ‘‘(C) Transportation Security Administra7 tion.

8 ‘‘(D) United States Customs and Border

9 Protection.

10 ‘‘(E) United States Immigration and Cus11 toms Enforcement.

12 ‘‘(F) United States Coast Guard.

13 ‘‘(G) Other intelligence components of the

14 Department, as determined by the Secretary.

15 ‘‘(3) PARTICIPATION.—

16 ‘‘(A) IN GENERAL.—The Secretary may de17 velop qualifying criteria for a fusion center to

18 participate in the assigning of Department offi19 cers or intelligence analysts under this section.

20 ‘‘(B) CRITERIA.—Any criteria developed

21 under subparagraph (A) may include—

22 ‘‘(i) whether the fusion center, through

23 its mission and governance structure, fo24 cuses on a broad counterterrorism approach,
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1 and whether that broad approach is perva2 sive through all levels of the organization;

3 ‘‘(ii) whether the fusion center has suf4 ficient numbers of adequately trained per5 sonnel to support a broad counterterrorism

6 mission;

7 ‘‘(iii) whether the fusion center has—

8 ‘‘(I) access to relevant law enforce9 ment, emergency response, private sec10 tor, open source, and national security

11 data; and

12 ‘‘(II) the ability to share and ana13 lytically exploit that data for author14 ized purposes;

15 ‘‘(iv) whether the fusion center is ade16 quately funded by the State, local, or re17 gional government to support its

18 counterterrorism mission; and

19 ‘‘(v) the relevancy of the mission of the

20 fusion center to the particular source com21 ponent of Department officers or intelligence

22 analysts.

23 ‘‘(4) PREREQUISITE.—

24 ‘‘(A) INTELLIGENCE ANALYSIS, PRIVACY,

25 AND CIVIL LIBERTIES TRAINING.—Before being
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1 assigned to a fusion center under this section, an

2 officer or intelligence analyst shall undergo—

3 ‘‘(i) appropriate intelligence analysis

4 or information sharing training using an

5 intelligence-led policing curriculum that is

6 consistent with—

7 ‘‘(I) standard training and edu8 cation programs offered to Department

9 law enforcement and intelligence per10 sonnel; and

11 ‘‘(II) the Criminal Intelligence

12 Systems Operating Policies under part

13 23 of title 28, Code of Federal Regula14 tions (or any corresponding similar

15 regulation or ruling);

16 ‘‘(ii) appropriate privacy and civil lib17 erties training that is developed, supported,

18 or sponsored by the Privacy Officer ap19 pointed under section 222 and the Officer

20 for Civil Rights and Civil Liberties of the

21 Department, in partnership with the Pri22 vacy and Civil Liberties Oversight Board

23 established under section 1061 of the Intel24 ligence Reform and Terrorism Prevention

25 Act of 2004 (5 U.S.C. 601 note); and
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1 ‘‘(iii) such other training prescribed by

2 the Chief Intelligence Officer.

3 ‘‘(B) PRIOR WORK EXPERIENCE IN AREA.—

4 In determining the eligibility of an officer or in5 telligence analyst to be assigned to a fusion cen6 ter under this section, the Chief Intelligence Offi7 cer shall consider the familiarity of the officer or

8 intelligence analyst with the State, locality, or

9 region, as determined by such factors as whether

10 the officer or intelligence analyst—

11 ‘‘(i) has been previously assigned in

12 the geographic area; or

13 ‘‘(ii) has previously worked with intel14 ligence officials or emergency response pro15 viders from that State, locality, or region.

16 ‘‘(5) EXPEDITED SECURITY CLEARANCE PROC17 ESSING.—The Chief Intelligence Officer—

18 ‘‘(A) shall ensure that each officer or intel19 ligence analyst assigned to a fusion center under

20 this section has the appropriate clearance to con21 tribute effectively to the mission of the fusion

22 center; and

23 ‘‘(B) may request that security clearance

24 processing be expedited for each such officer or

25 intelligence analyst.
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1 ‘‘(6) FURTHER QUALIFICATIONS.—Each officer

2 or intelligence analyst assigned to a fusion center

3 under this section shall satisfy any other qualifica4 tions the Chief Intelligence Officer may prescribe.

5 ‘‘(e) RESPONSIBILITIES.—An officer or intelligence an6 alyst assigned to a fusion center under this section shall—

7 ‘‘(1) assist law enforcement agencies and other

8 emergency response providers of State, local, and trib9 al governments and fusion center personnel in using

10 Federal homeland security information to develop a

11 comprehensive and accurate threat picture;

12 ‘‘(2) review homeland security-relevant informa13 tion from law enforcement agencies and other emer14 gency response providers of State, local, and tribal

15 government;

16 ‘‘(3) create intelligence and other information

17 products derived from such information and other

18 homeland security-relevant information provided by

19 the Department;

20 ‘‘(4) assist in the dissemination of such products,

21 under the coordination of the Chief Intelligence Offi22 cer, to law enforcement agencies and other emergency

23 response providers of State, local, and tribal govern24 ment; and
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1 ‘‘(5) assist in the dissemination of such products

2 to the Chief Intelligence Officer for collection and dis3 semination to other fusion centers.

4 ‘‘(f) DATABASE ACCESS.—In order to fulfill the objec5 tives described under subsection (e), each officer or intel6 ligence analyst assigned to a fusion center under this sec7 tion shall have direct access to all relevant Federal data8 bases and information systems, consistent with any policies,

9 guidelines, procedures, instructions, or standards estab10 lished by the President or, as appropriate, the program

11 manager of the information sharing environment for the

12 implementation and management of that environment.

13 ‘‘(g) CONSUMER FEEDBACK.—

14 ‘‘(1) IN GENERAL.—The Secretary shall create a

15 mechanism for any State, local, or tribal emergency

16 response provider who is a consumer of the intel17 ligence or other information products described under

18 subsection (e) to voluntarily provide feedback to the

19 Department on the quality and utility of such intel20 ligence products.

21 ‘‘(2) RESULTS.—The results of the voluntary

22 feedback under paragraph (1) shall be provided elec23 tronically to Congress and appropriate personnel of

24 the Department.

25 ‘‘(h) RULE OF CONSTRUCTION.—
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1 ‘‘(1) IN GENERAL.—The authorities granted

2 under this section shall supplement the authorities

3 granted under section 201(d) and nothing in this sec4 tion shall be construed to abrogate the authorities

5 granted under section 201(d).

6 ‘‘(2) PARTICIPATION.—Nothing in this section

7 shall be construed to require a State, local, or regional

8 government or entity to accept the assignment of offi9 cers or intelligence analysts of the Department into

10 the fusion center of that State, locality, or region.

11 ‘‘(i) GUIDELINES.—The Secretary, in consultation

12 with the Attorney General of the United States, shall estab13 lish guidelines for fusion centers operated by State and local

14 governments, to include standards that any such fusion cen15 ter shall—

16 ‘‘(1) collaboratively develop a mission statement,

17 identify expectations and goals, measure performance,

18 and determine effectiveness for that fusion center;

19 ‘‘(2) create a representative governance structure

20 that includes emergency response providers and, as

21 appropriate, the private sector;

22 ‘‘(3) create a collaborative environment for the

23 sharing of information and intelligence among Fed24 eral, State, tribal, and local government agencies (in25 cluding emergency response providers), the private
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1 sector, and the public, consistent with any policies,

2 guidelines, procedures, instructions, or standards es3 tablished by the President or, as appropriate, the pro4 gram manager of the information sharing environ5 ment;

6 ‘‘(4) leverage the databases, systems, and net7 works available from public and private sector enti8 ties to maximize information sharing;

9 ‘‘(5) develop, publish, and adhere to a privacy

10 and civil liberties policy consistent with Federal,

11 State, and local law;

12 ‘‘(6) ensure appropriate security measures are in

13 place for the facility, data, and personnel;

14 ‘‘(7) select and train personnel based on the

15 needs, mission, goals, and functions of that fusion

16 center;

17 ‘‘(8) offer a variety of intelligence services and

18 products to recipients of fusion center intelligence and

19 information; and

20 ‘‘(9) incorporate emergency response providers,

21 and, as appropriate, the private sector, into all rel22 evant phases of the intelligence and fusion process

23 through full time representatives or liaison officers.

24 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—Except

25 for subsection (i), there are authorized to be appropriated
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1 $10,000,000 for each of fiscal years 2008 through 2012, to

2 carry out this section, including for hiring officers and in3 telligence analysts to replace officers and intelligence ana4 lysts who are assigned to fusion centers under this section.’’.

5 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

6 table of contents in section 1(b) of the Homeland Security

7 Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting

8 after the item relating to section 205, as added by this Act,

9 the following:

‘‘Sec. 206. State, Local, and Regional Information Fusion Center Initiative.’’.

10 (c) REPORTS.—

11 (1) CONCEPT OF OPERATIONS.—Not later than

12 90 days after the date of enactment of this Act and

13 before the State, Local, and Regional Fusion Center

14 Initiative under section 206 of the Homeland Secu15 rity Act of 2002, as added by subsection (a), (in this

16 section referred to as the ‘‘program’’) has been imple17 mented, the Secretary, in consultation with the Pri18 vacy Officer of the Department, the Officer for Civil

19 Rights and Civil Liberties of the Department, and the

20 Privacy and Civil Liberties Oversight Board estab21 lished under section 1061 of the Intelligence Reform

22 and Terrorist Prevention Act of 2004 (5 U.S.C. 601

23 note), shall submit to the Committee on Homeland

24 Security and Governmental Affairs of the Senate and

25 the Committee on Homeland Security of the House of
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1 Representatives a report that contains a concept of

2 operations for the program, which shall—

3 (A) include a clear articulation of the pur4 poses, goals, and specific objectives for which the

5 program is being developed;

6 (B) identify stakeholders in the program

7 and provide an assessment of their needs;

8 (C) contain a developed set of quantitative

9 metrics to measure, to the extent possible, pro10 gram output;

11 (D) contain a developed set of qualitative

12 instruments (including surveys and expert inter13 views) to assess the extent to which stakeholders

14 believe their needs are being met; and

15 (E) include a privacy and civil liberties im16 pact assessment.

17 (2) PRIVACY AND CIVIL LIBERTIES.—Not later

18 than 1 year after the date on which the program is

19 implemented, the Privacy and Civil Liberties Over20 sight Board established under section 1061 of the In21 telligence Reform and Terrorist Prevention Act of

22 2004 (5 U.S.C. 601 note), in consultation with the

23 Privacy Officer of the Department and the Officer for

24 Civil Rights and Civil Liberties of the Department,

25 shall submit to Congress, the Secretary, and the Chief
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1 Intelligence Officer of the Department a report on the

2 privacy and civil liberties impact of the program.

3 SEC. 122. HOMELAND SECURITY INFORMATION SHARING

4 FELLOWS PROGRAM.

5 (a) ESTABLISHMENT OF PROGRAM.—Subtitle A of title

6 II of the Homeland Security Act of 2002 (6 U.S.C. 121

7 et seq.), as amended by this Act, is amended by adding at

8 the end the following:

9 ‘‘SEC. 207. HOMELAND SECURITY INFORMATION SHARING

10 FELLOWS PROGRAM.

11 ‘‘(a) ESTABLISHMENT.—

12 ‘‘(1) IN GENERAL.—The Secretary, acting

13 through the Chief Intelligence Officer, and in con14 sultation with the Chief Human Capital Officer, shall

15 establish a fellowship program in accordance with

16 this section for the purpose of—

17 ‘‘(A) detailing State, local, and tribal law

18 enforcement officers and intelligence analysts to

19 the Department in accordance with subchapter

20 VI of chapter 33 of title 5, United States Code,

21 to participate in the work of the Office of Intel22 ligence and Analysis in order to become familiar

23 with—
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1 ‘‘(i) the relevant missions and capa2 bilities of the Department and other Federal

3 agencies; and

4 ‘‘(ii) the role, programs, products, and

5 personnel of the Office of Intelligence and

6 Analysis; and

7 ‘‘(B) promoting information sharing be8 tween the Department and State, local, and trib9 al law enforcement officers and intelligence ana10 lysts by assigning such officers and analysts to—

11 ‘‘(i) serve as a point of contact in the

12 Department to assist in the representation

13 of State, local, and tribal homeland security

14 information needs;

15 ‘‘(ii) identify homeland security infor16 mation of interest to State, local, and tribal

17 law enforcement officers, emergency response

18 providers, and intelligence analysts; and

19 ‘‘(iii) assist Department analysts in

20 preparing and disseminating terrorism-re21 lated products that are tailored to State,

22 local, and tribal emergency response pro23 viders, law enforcement officers, and intel24 ligence analysts and designed to prepare for

25 and thwart terrorist attacks.
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1 ‘‘(2) PROGRAM NAME.—The program under this

2 section shall be known as the ‘Homeland Security In3 formation Sharing Fellows Program’.

4 ‘‘(b) ELIGIBILITY.—

5 ‘‘(1) IN GENERAL.—In order to be eligible for se6 lection as an Information Sharing Fellow under the

7 program under this section, an individual shall—

8 ‘‘(A) have homeland security-related respon9 sibilities;

10 ‘‘(B) be eligible for an appropriate national

11 security clearance;

12 ‘‘(C) possess a valid need for access to clas13 sified information, as determined by the Chief

14 Intelligence Officer;

15 ‘‘(D) be an employee of an eligible entity;

16 and

17 ‘‘(E) have undergone appropriate privacy

18 and civil liberties training that is developed,

19 supported, or sponsored by the Privacy Officer

20 and the Officer for Civil Rights and Civil Lib21 erties, in partnership with the Privacy and Civil

22 Liberties Oversight Board established under sec23 tion 1061 of the Intelligence Reform and Ter24 rorist Prevention Act of 2004 (5 U.S.C. 601

25 note).
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1 ‘‘(2) ELIGIBLE ENTITIES.—In this subsection,

2 the term ‘eligible entity’ means—

3 ‘‘(A) a State, local, or regional fusion cen4 ter;

5 ‘‘(B) a State or local law enforcement or

6 other government entity that serves a major met7 ropolitan area, suburban area, or rural area, as

8 determined by the Secretary;

9 ‘‘(C) a State or local law enforcement or

10 other government entity with port, border, or ag11 ricultural responsibilities, as determined by the

12 Secretary;

13 ‘‘(D) a tribal law enforcement or other au14 thority; or

15 ‘‘(E) such other entity as the Secretary de16 termines is appropriate.

17 ‘‘(c) OPTIONAL PARTICIPATION.—No State, local, or

18 tribal law enforcement or other government entity shall be

19 required to participate in the Homeland Security Informa20 tion Sharing Fellows Program.

21 ‘‘(d) PROCEDURES FOR NOMINATION AND SELEC22 TION.—

23 ‘‘(1) IN GENERAL.—The Chief Intelligence Officer

24 shall establish procedures to provide for the nomina25 tion and selection of individuals to participate in the
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1 Homeland Security Information Sharing Fellows

2 Program.

3 ‘‘(2) LIMITATIONS.—The Chief Intelligence Offi4 cer shall—

5 ‘‘(A) select law enforcement officers and in6 telligence analysts representing a broad cross-sec7 tion of State, local, and tribal agencies; and

8 ‘‘(B) ensure that the number of Information

9 Sharing Fellows selected does not impede the ac10 tivities of the Office of Intelligence and Analysis.

11 ‘‘(e) DEFINITIONS.—In this section—

12 ‘‘(1) the term ‘Chief Intelligence Officer’ means

13 the Chief Intelligence Officer of the Department; and

14 ‘‘(2) the term ‘Office of Intelligence and Anal15 ysis’ means the office of the Chief Intelligence Offi16 cer.’’.

17 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

18 table of contents in section 1(b) of the Homeland Security

19 Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting

20 after the item relating to section 206, as added by this Act,

21 the following:

‘‘Sec. 207. Homeland Security Information Sharing Fellows Program.’’.

22 (c) REPORTS.—

23 (1) CONCEPT OF OPERATIONS.—Not later than

24 90 days after the date of enactment of this Act, and

25 before the implementation of the Homeland Security
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1 Information Sharing Fellows Program under section

2 207 of the Homeland Security Act of 2002, as added

3 by subsection (a), (in this section referred to as the

4 ‘‘Program’’) the Secretary, in consultation with the

5 Privacy Officer of the Department, the Officer for

6 Civil Rights and Civil Liberties of the Department,

7 and the Privacy and Civil Liberties Oversight Board

8 established under section 1061 of the Intelligence Re9 form and Terrorist Prevention Act of 2004 (5 U.S.C.

10 601 note), shall submit to the Committee on Home11 land Security and Governmental Affairs of the Senate

12 and the Committee on Homeland Security of the

13 House of Representatives a report that contains a

14 concept of operations for the Program, which shall in15 clude a privacy and civil liberties impact assessment.

16 (2) REVIEW OF PRIVACY IMPACT.—Not later than

17 1 year after the date on which the Program is imple18 mented, the Privacy and Civil Liberties Oversight

19 Board established under section 1061 of the Intel20 ligence Reform and Terrorist Prevention Act of 2004

21 (5 U.S.C. 601 note), in consultation with the Privacy

22 Officer of the Department and the Officer for Civil

23 Rights and Civil Liberties of the Department, shall

24 submit to Congress, the Secretary, and the Chief Intel-
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1 ligence Officer of the Department a report on the pri2 vacy and civil liberties impact of the Program.

3 SEC. 123. RURAL POLICING INSTITUTE.

4 (a) IN GENERAL.—There is established a Rural Polic5 ing Institute, which shall be administered by the Office of

6 State and Local Training of the Federal Law Enforcement

7 Training Center (based in Glynco, Georgia), to—

8 (1) evaluate the needs of law enforcement agen9 cies of units of local government and tribal govern10 ments located in rural areas;

11 (2) develop expert training programs designed to

12 address the needs of rural law enforcement agencies

13 regarding combating methamphetamine addiction

14 and distribution, domestic violence, law enforcement

15 response related to school shootings, and other topics

16 identified in the evaluation conducted under para17 graph (1);

18 (3) provide the training programs described in

19 paragraph (2) to law enforcement agencies of units of

20 local government and tribal governments located in

21 rural areas; and

22 (4) conduct outreach efforts to ensure that train23 ing programs under the Rural Policing Institute

24 reach law enforcement officers of units of local govern25 ment and tribal governments located in rural areas.
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1 (b) CURRICULA.—The training at the Rural Policing

2 Institute established under subsection (a) shall be configured

3 in a manner so as to not duplicate or displace any law

4 enforcement program of the Federal Law Enforcement

5 Training Center in existence on the date of enactment of

6 this Act.

7 (c) DEFINITION.—In this section, the term ‘‘rural’’

8 means area that is not located in a metropolitan statistical

9 area, as defined by the Office of Management and Budget.

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated to carry out this section (in12 cluding for contracts, staff, and equipment)—

13 (1) $10,000,000 for fiscal year 2008; and

14 (2) $5,000,000 for each of fiscal years 2009

15 through 2013.

16 Subtitle C—Interagency Threat As17 sessment and Coordination

18 Group

19 SEC. 131. INTERAGENCY THREAT ASSESSMENT AND CO20 ORDINATION GROUP.

21 (a) IN GENERAL.—As part of efforts to establish the

22 information sharing environment established under section

23 1016 of the Intelligence Reform and Terrorism Prevention

24 Act of 2004 (6 U.S.C. 485), the program manager shall

25 oversee and coordinate the creation and ongoing operation
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1 of an Interagency Threat Assessment and Coordination

2 Group (in this section referred to as the ‘‘ITACG’’).

3 (b) RESPONSIBILITIES.—The ITACG shall facilitate

4 the production of federally coordinated products derived

5 from information within the scope of the information shar6 ing environment established under section 1016 of the Intel7 ligence Reform and Terrorism Prevention Act of 2004 (6

8 U.S.C. 485) and intended for distribution to State, local,

9 and tribal government officials and the private sector.

10 (c) OPERATIONS.—

11 (1) IN GENERAL.—The ITACG shall be located at

12 the facilities of the National Counterterrorism Center

13 of the Office of the Director of National Intelligence.

14 (2) MANAGEMENT.—

15 (A) IN GENERAL.—The Secretary shall as16 sign a senior level officer to manage and direct

17 the administration of the ITACG.

18 (B) DISTRIBUTION.—The Secretary, in con19 sultation with the Attorney General and the

20 heads of other agencies, as appropriate, shall de21 termine how specific products shall be distrib22 uted to State, local, and tribal officials and pri23 vate sector partners under this section.

24 (C) STANDARDS FOR ADMISSION.—The Sec25 retary, acting through the Chief Intelligence Offi-
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1 cer and in consultation with the Director of Na2 tional Intelligence, the Attorney General, and the

3 program manager of the information sharing en4 vironment established under section 1016 of the

5 Intelligence Reform and Terrorist Prevention Act

6 of 2004 (6 U.S.C. 485), shall establish standards

7 for the admission of law enforcement and intel8 ligence officials from a State, local, or tribal gov9 ernment into the ITACG.

10 (d) MEMBERSHIP.—

11 (1) IN GENERAL.—The ITACG shall include rep12 resentatives of—

13 (A) the Department;

14 (B) the Federal Bureau of Investigation;

15 (C) the Department of Defense;

16 (D) the Department of Energy;

17 (E) law enforcement and intelligence offi18 cials from State, local, and tribal governments,

19 as appropriate; and

20 (F) other Federal entities as appropriate.

21 (2) CRITERIA.—The program manager for the

22 information sharing environment, in consultation

23 with the Secretary of Defense, the Secretary, the Di24 rector of National Intelligence, and the Director of the

25 Federal Bureau of Investigation shall develop quali-
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1 fying criteria and establish procedures for selecting

2 personnel assigned to the ITACG and for the proper

3 handling and safeguarding of information related to

4 terrorism.

5 (e) INAPPLICABILITY OF THE FEDERAL ADVISORY

6 COMMITTEE ACT.—The ITACG and any subsidiary groups

7 thereof shall not be subject to the requirements of the Federal

8 Advisory Committee Act (5 U.S.C. App.).

9 TITLE II—HOMELAND SECURITY

10 GRANTS

11 SEC. 201. SHORT TITLE.

12 This title may be cited as the ‘‘Homeland Security

13 Grant Enhancement Act of 2007’’.

14 SEC. 202. HOMELAND SECURITY GRANT PROGRAM.

15 The Homeland Security Act of 2002 (6 U.S.C. 101 et

16 seq.) is amended by adding at the end the following:

17 ‘‘TITLE XX—HOMELAND

18 SECURITY GRANTS

19 ‘‘SEC. 2001. DEFINITIONS.

20 ‘‘In this title, the following definitions shall apply:

21 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis22 trator’ means the Administrator of the Federal Emer23 gency Management Agency.

24 ‘‘(2) COMBINED STATISTICAL AREA.—The term

25 ‘combined statistical area’ means a combined statis-
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1 tical area, as defined by the Office of Management

2 and Budget.

3 ‘‘(3) DIRECTLY ELIGIBLE TRIBE.—The term ‘di4 rectly eligible tribe’ means—

5 ‘‘(A) any Indian tribe that—

6 ‘‘(i) is located in the continental

7 United States;

8 ‘‘(ii) operates a law enforcement or

9 emergency response agency with the capac10 ity to respond to calls for law enforcement

11 or emergency services;

12 ‘‘(iii) is located—

13 ‘‘(I) on, or within 50 miles of, an

14 international border or a coastline bor15 dering an ocean or international wa16 ters;

17 ‘‘(II) within 10 miles of critical

18 infrastructure or has critical infra19 structure within its territory; or

20 ‘‘(III) within or contiguous to 1 of

21 the 50 largest metropolitan statistical

22 areas in the United States; and

23 ‘‘(iv) certifies to the Secretary that a

24 State is not making funds distributed under

25 this title available to the Indian tribe or
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1 consortium of Indian tribes for the purpose

2 for which the Indian tribe or consortium of

3 Indian tribes is seeking grant funds; and

4 ‘‘(B) a consortium of Indian tribes, if each

5 tribe satisfies the requirements of subparagraph

6 (A).

7 ‘‘(4) ELIGIBLE METROPOLITAN AREA.—The term

8 ‘eligible metropolitan area’ means the following:

9 ‘‘(A) IN GENERAL.—A combination of 2 or

10 more incorporated municipalities, counties, par11 ishes, or Indian tribes that—

12 ‘‘(i) is within—

13 ‘‘(I) any of the 100 largest metro14 politan statistical areas in the United

15 States; or

16 ‘‘(II) any combined statistical

17 area, of which any metropolitan statis18 tical area described in subparagraph

19 (A) is a part; and

20 ‘‘(ii) includes the city with the largest

21 population in that metropolitan statistical

22 area.

23 ‘‘(B) OTHER COMBINATIONS.—Any other

24 combination of contiguous local or tribal govern25 ments that are formally certified by the Admin-
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1 istrator as an eligible metropolitan area for pur2 poses of this title with the consent of the State

3 or States in which such local or tribal govern4 ments are located.

5 ‘‘(C) INCLUSION OF ADDITIONAL LOCAL

6 GOVERNMENTS.—An eligible metropolitan area

7 may include additional local or tribal govern8 ments outside the relevant metropolitan statis9 tical area or combined statistical area that are

10 likely to be affected by, or be called upon to re11 spond to, a terrorist attack within the metropoli12 tan statistical area.

13 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ has

14 the meaning given that term in section 4(e) of the In15 dian Self-Determination Act (25 U.S.C. 450b(e)).

16 ‘‘(6) METROPOLITAN STATISTICAL AREA.—The

17 term ‘metropolitan statistical area’ means a metro18 politan statistical area, as defined by the Office of

19 Management and Budget.

20 ‘‘(7) NATIONAL SPECIAL SECURITY EVENT.—The

21 term ‘National Special Security Event’ means a des22 ignated event that, by virtue of its political, economic,

23 social, or religious significance, may be the target of

24 terrorism or other criminal activity.
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1 ‘‘(8) POPULATION.—The term ‘population’

2 means population according to the most recent United

3 States census population estimates available at the

4 start of the relevant fiscal year.

5 ‘‘(9) POPULATION DENSITY.—The term ‘popu6 lation density’ means population divided by land

7 area in square miles.

8 ‘‘(10) TARGET CAPABILITIES.—The term ‘target

9 capabilities’ means the target capabilities for Federal,

10 State, local, and tribal government preparedness for

11 which guidelines are required to be established under

12 section 646(a) of the Post-Katrina Emergency Man13 agement Reform Act of 2006 (6 U.S.C. 746(a)).

14 ‘‘(11) TRIBAL GOVERNMENT.—The term ‘tribal

15 government’ means the government of an Indian

16 tribe.

17 ‘‘SEC. 2002. HOMELAND SECURITY GRANT PROGRAM.

18 ‘‘(a) GRANTS AUTHORIZED.—The Secretary, through

19 the Administrator, may award grants to State, local, and

20 tribal governments for the purposes of this title.

21 ‘‘(b) PROGRAMS NOT AFFECTED.—This title shall not

22 be construed to affect any authority to award grants under

23 any of the following Federal programs:

24 ‘‘(1) The firefighter assistance programs author25 ized under section 33 and 34 of the Federal Fire Pre-
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1 vention and Control Act of 1974 (15 U.S.C. 2229 and

2 2229a).

3 ‘‘(2) The Urban Search and Rescue Grant Pro4 gram authorized under the Robert T. Stafford Dis5 aster Relief and Emergency Assistance Act (42 U.S.C.

6 5121 et seq.).

7 ‘‘(3) Grants to protect critical infrastructure, in8 cluding port security grants authorized under section

9 70107 of title 46, United States Code, and the grants

10 authorized in title XIV and XV of the Improving

11 America’s Security Act of 2007.

12 ‘‘(4) The Metropolitan Medical Response System

13 authorized under section 635 of the Post-Katrina

14 Emergency Management Reform Act of 2006 (6

15 U.S.C. 723).

16 ‘‘(5) Grant programs other than those adminis17 tered by the Department.

18 ‘‘(c) RELATIONSHIP TO OTHER LAWS.—

19 ‘‘(1) IN GENERAL.—The grant programs author20 ized under this title shall supercede all grant pro21 grams authorized under section 1014 of the USA PA22 TRIOT Act (42 U.S.C. 3714).

23 ‘‘(2) PROGRAM INTEGRITY.—Each grant pro24 gram under this title, section 1809 of this Act, or sec25 tion 662 of the Post-Katrina Emergency Management
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1 Reform Act of 2006 (6 U.S.C. 763) shall include, con2 sistent with the Improper Payments Information Act

3 of 2002 (31 U.S.C. 3321 note), policies and proce4 dures for—

5 ‘‘(A) identifying activities funded under

6 any such grant program that are susceptible to

7 significant improper payments; and

8 ‘‘(B) reporting the incidence of improper

9 payments to the Department.

10 ‘‘(3) ALLOCATION.—Except as provided under

11 paragraph (2) of this subsection, the allocation of

12 grants authorized under this title shall be governed by

13 the terms of this title and not by any other provision

14 of law.

15 ‘‘(d) MINIMUM PERFORMANCE REQUIREMENTS.—

16 ‘‘(1) IN GENERAL.—The Administrator shall—

17 ‘‘(A) establish minimum performance re18 quirements for entities that receive homeland se19 curity grants;

20 ‘‘(B) conduct, in coordination with State,

21 regional, local, and tribal governments receiving

22 grants under this title, section 1809 of this Act,

23 or section 662 of the Post-Katrina Emergency

24 Management Reform Act of 2006 (6 U.S.C. 763),

25 simulations and exercises to test the minimum
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1 performance requirements established under sub2 paragraph (A) for—

3 ‘‘(i) emergencies (as that term is de4 fined in section 102 of the Robert T. Staf5 ford Disaster Relief and Emergency Assist6 ance Act (42 U.S.C. 5122)) and major dis7 asters not less than twice each year; and

8 ‘‘(ii) catastrophic incidents (as that

9 term is defined in section 501) not less than

10 once each year; and

11 ‘‘(C) ensure that entities that the Adminis12 trator determines are failing to demonstrate

13 minimum performance requirements established

14 under subparagraph (A) shall remedy the areas

15 of failure, not later than the end of the second

16 full fiscal year after the date of such determina17 tion by—

18 ‘‘(i) establishing a plan for the achieve19 ment of the minimum performance require20 ments under subparagraph (A), including—

21 ‘‘(I) developing intermediate indi22 cators for the 2 fiscal years following

23 the date of such determination; and

24 ‘‘(II) conducting additional sim25 ulations and exercises; and
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1 ‘‘(ii) revising an entity’s homeland se2 curity plan, if necessary, to achieve the

3 minimum performance requirements under

4 subparagraph (A).

5 ‘‘(2) WAIVER.—At the discretion of the Adminis6 trator, the occurrence of an actual emergency, major

7 disaster, or catastrophic incident in an area may be

8 deemed as a simulation under paragraph (1)(B).

9 ‘‘(3) REPORT TO CONGRESS.—Not later than the

10 end of the first full fiscal year after the date of enact11 ment of the Improving America’s Security Act of

12 2007, and each fiscal year thereafter, the Adminis13 trator shall submit to the Committee on Homeland

14 Security and Governmental Affairs of the Senate and

15 to the Committee on Homeland Security of the House

16 of Representatives a report describing—

17 ‘‘(A) the performance of grantees under

18 paragraph (1)(A);

19 ‘‘(B) lessons learned through the simulations

20 and exercises under paragraph (1)(B); and

21 ‘‘(C) efforts being made to remedy failed

22 performance under paragraph (1)(C).

23 ‘‘SEC. 2003. URBAN AREA SECURITY INITIATIVE.

24 ‘‘(a) ESTABLISHMENT.—There is established an Urban

25 Area Security Initiative to provide grants to assist high-
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1 risk metropolitan areas in preventing, preparing for, pro2 tecting against, responding to, and recovering from acts of

3 terrorism.

4 ‘‘(b) APPLICATION.—

5 ‘‘(1) IN GENERAL.—An eligible metropolitan

6 area may apply for grants under this section.

7 ‘‘(2) ANNUAL APPLICATIONS.—Applicants for

8 grants under this section shall apply or reapply on

9 an annual basis for grants distributed under the pro10 gram.

11 ‘‘(3) INFORMATION.—In an application for a

12 grant under this section, an eligible metropolitan area

13 shall submit—

14 ‘‘(A) a plan describing the proposed divi15 sion of responsibilities and distribution of fund16 ing among the local and tribal governments in

17 the eligible metropolitan area;

18 ‘‘(B) the name of an individual to serve as

19 a metropolitan area liaison with the Department

20 and among the various jurisdictions in the met21 ropolitan area; and

22 ‘‘(C) such information in support of the ap23 plication as the Administrator may reasonably

24 require.

25 ‘‘(c) STATE REVIEW AND TRANSMISSION.—
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1 ‘‘(1) IN GENERAL.—To ensure consistency with

2 State homeland security plans, an eligible metropoli3 tan area applying for a grant under this section shall

4 submit its application to each State within which

5 any part of the eligible metropolitan area is located

6 for review before submission of such application to the

7 Department.

8 ‘‘(2) DEADLINE.—Not later than 30 days after

9 receiving an application from an eligible metropoli10 tan area under paragraph (1), each such State shall

11 transmit the application to the Department.

12 ‘‘(3) STATE DISAGREEMENT.—If the Governor of

13 any such State determines that an application of an

14 eligible metropolitan area is inconsistent with the

15 State homeland security plan of that State, or other16 wise does not support the application, the Governor

17 shall—

18 ‘‘(A) notify the Administrator, in writing,

19 of that fact; and

20 ‘‘(B) provide an explanation of the reason

21 for not supporting the application at the time of

22 transmission of the application.

23 ‘‘(d) PRIORITIZATION.—In allocating funds among

24 metropolitan areas applying for grants under this section,

25 the Administrator shall consider—
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1 ‘‘(1) the relative threat, vulnerability, and con2 sequences faced by the eligible metropolitan area from

3 a terrorist attack, including consideration of—

4 ‘‘(A) the population of the eligible metro5 politan area, including appropriate consider6 ation of military, tourist, and commuter popu7 lations;

8 ‘‘(B) the population density of the eligible

9 metropolitan area;

10 ‘‘(C) the history of threats faced by the eligi11 ble metropolitan area, including—

12 ‘‘(i) whether there has been a prior ter13 rorist attack in the eligible metropolitan

14 area; and

15 ‘‘(ii) whether any part of the eligible

16 metropolitan area, or any critical infra17 structure or key resource within the eligible

18 metropolitan area, has ever experienced a

19 higher threat level under the Homeland Se20 curity Advisory System than other parts of

21 the United States;

22 ‘‘(D) the degree of threat, vulnerability, and

23 consequences to the eligible metropolitan area re24 lated to critical infrastructure or key resources

25 identified by the Secretary or the State homeland
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1 security plan, including threats, vulnerabilities,

2 and consequences from critical infrastructure in

3 nearby jurisdictions;

4 ‘‘(E) whether the eligible metropolitan area

5 is located at or near an international border;

6 ‘‘(F) whether the eligible metropolitan area

7 has a coastline bordering ocean or international

8 waters;

9 ‘‘(G) threats, vulnerabilities, and con10 sequences faced by the eligible metropolitan area

11 related to at-risk sites or activities in nearby ju12 risdictions, including the need to respond to ter13 rorist attacks arising in those jurisdictions;

14 ‘‘(H) the most current threat assessments

15 available to the Department;

16 ‘‘(I) the extent to which the eligible metro17 politan area has unmet target capabilities;

18 ‘‘(J) the extent to which the eligible metro19 politan area includes—

20 ‘‘(i) all incorporated municipalities,

21 counties, parishes, and Indian tribes within

22 the relevant metropolitan statistical area or

23 combined statistical area the inclusion of

24 which will enhance regional efforts to pre-
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1 vent, prepare for, protect against, respond

2 to, and recover from acts of terrorism; and

3 ‘‘(ii) other local governments and tribes

4 that are likely to be called upon to respond

5 to a terrorist attack within the eligible met6 ropolitan area; and

7 ‘‘(K) such other factors as are specified in

8 writing by the Administrator; and

9 ‘‘(2) the anticipated effectiveness of the proposed

10 spending plan for the eligible metropolitan area in

11 increasing the ability of that eligible metropolitan

12 area to prevent, prepare for, protect against, respond

13 to, and recover from terrorism, to meet its target ca14 pabilities, and to otherwise reduce the overall risk to

15 the metropolitan area, the State, and the Nation.

16 ‘‘(e) OPPORTUNITY TO AMEND.—In considering appli17 cations for grants under this section, the Administrator

18 shall provide applicants with a reasonable opportunity to

19 correct defects in the application, if any, before making

20 final awards.

21 ‘‘(f) ALLOWABLE USES.—Grants awarded under this

22 section may be used to achieve target capabilities, consistent

23 with a State homeland security plan and relevant local and

24 regional homeland security plans, through—
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1 ‘‘(1) developing and enhancing State, local, or

2 regional plans, risk assessments, or mutual aid agree3 ments;

4 ‘‘(2) purchasing, upgrading, storing, or main5 taining equipment;

6 ‘‘(3) designing, conducting, and evaluating

7 training and exercises, including exercises of mass

8 evacuation plans under section 512 and including the

9 payment of overtime and backfill costs in support of

10 such activities;

11 ‘‘(4) responding to an increase in the threat level

12 under the Homeland Security Advisory System, or to

13 the needs resulting from a National Special Security

14 Event, including payment of overtime and backfill

15 costs;

16 ‘‘(5) establishing, enhancing, and staffing with

17 appropriately qualified personnel State and local fu18 sion centers that comply with the guidelines estab19 lished under section 206(i);

20 ‘‘(6) protecting critical infrastructure and key

21 resources identified in the Critical Infrastructure List

22 established under section 1101 of the Improving

23 America’s Security Act of 2007, including the pay24 ment of appropriate personnel costs;
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1 ‘‘(7) any activity permitted under the Fiscal

2 Year 2007 Program Guidance of the Department for

3 the Urban Area Security Initiative or the Law En4 forcement Terrorism Prevention Grant Program, in5 cluding activities permitted under the full-time

6 counterterrorism staffing pilot; and

7 ‘‘(8) any other activity relating to achieving tar8 get capabilities approved by the Administrator.

9 ‘‘(g) DISTRIBUTION OF AWARDS TO METROPOLITAN

10 AREAS.—

11 ‘‘(1) IN GENERAL.—If the Administrator ap12 proves the application of an eligible metropolitan

13 area for a grant under this section, the Administrator

14 shall distribute the grant funds to the State or States

15 in which the eligible metropolitan area is located.

16 ‘‘(2) STATE DISTRIBUTION OF FUNDS.—

17 ‘‘(A) IN GENERAL.—Each State shall pro18 vide the eligible metropolitan area not less than

19 80 percent of the grant funds. Any funds re20 tained by a State shall be expended on items or

21 services approved by the Administrator that ben22 efit the eligible metropolitan area.

23 ‘‘(B) FUNDS RETAINED.—A State shall pro24 vide each relevant eligible metropolitan area

25 with an accounting of the items or services on
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1 which any funds retained by the State under

2 subparagraph (A) were expended.

3 ‘‘(3) MULTISTATE REGIONS.—If parts of an eli4 gible metropolitan area awarded a grant are located

5 in 2 or more States, the Secretary shall distribute to

6 each such State—

7 ‘‘(A) a portion of the grant funds in accord8 ance with the proposed distribution set forth in

9 the application; or

10 ‘‘(B) if no agreement on distribution has

11 been reached, a portion of the grant funds in

12 proportion to each State’s share of the popu13 lation of the eligible metropolitan area.

14 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated for grants under this

16 section—

17 ‘‘(1) for fiscal year 2007, such sums as are nec18 essary;

19 ‘‘(2) for each of fiscal years 2008, 2009, and

20 2010, $1,278,639,000; and

21 ‘‘(3) for fiscal year 2011, and each fiscal year

22 thereafter, such sums as are necessary.

23 ‘‘SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.

24 ‘‘(a) ESTABLISHMENT.—There is established a State

25 Homeland Security Grant Program to assist State, local,
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1 and tribal governments in preventing, preparing for, pro2 tecting against, responding to, and recovering from acts of

3 terrorism.

4 ‘‘(b) APPLICATION.—

5 ‘‘(1) IN GENERAL.—Each State may apply for a

6 grant under this section, and shall submit such infor7 mation in support of the application as the Adminis8 trator may reasonably require.

9 ‘‘(2) ANNUAL APPLICATIONS.—Applicants for

10 grants under this section shall apply or reapply on

11 an annual basis for grants distributed under the pro12 gram.

13 ‘‘(c) PRIORITIZATION.—In allocating funds among

14 States applying for grants under this section, the Adminis15 trator shall consider—

16 ‘‘(1) the relative threat, vulnerability, and con17 sequences faced by a State from a terrorist attack, in18 cluding consideration of—

19 ‘‘(A) the size of the population of the State,

20 including appropriate consideration of military,

21 tourist, and commuter populations;

22 ‘‘(B) the population density of the State;

23 ‘‘(C) the history of threats faced by the

24 State, including—
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1 ‘‘(i) whether there has been a prior ter2 rorist attack in an urban area that is whol3 ly or partly in the State, or in the State

4 itself; and

5 ‘‘(ii) whether any part of the State, or

6 any critical infrastructure or key resource

7 within the State, has ever experienced a

8 higher threat level under the Homeland Se9 curity Advisory System than other parts of

10 the United States;

11 ‘‘(D) the degree of threat, vulnerability, and

12 consequences related to critical infrastructure or

13 key resources identified by the Secretary or the

14 State homeland security plan;

15 ‘‘(E) whether the State has an international

16 border;

17 ‘‘(F) whether the State has a coastline bor18 dering ocean or international waters;

19 ‘‘(G) threats, vulnerabilities, and con20 sequences faced by a State related to at-risk sites

21 or activities in adjacent States, including the

22 State’s need to respond to terrorist attacks aris23 ing in adjacent States;

24 ‘‘(H) the most current threat assessments

25 available to the Department;
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1 ‘‘(I) the extent to which the State has unmet

2 target capabilities; and

3 ‘‘(J) such other factors as are specified in

4 writing by the Administrator;

5 ‘‘(2) the anticipated effectiveness of the proposed

6 spending plan of the State in increasing the ability

7 of the State to—

8 ‘‘(A) prevent, prepare for, protect against,

9 respond to, and recover from terrorism;

10 ‘‘(B) meet the target capabilities of the

11 State; and

12 ‘‘(C) otherwise reduce the overall risk to the

13 State and the Nation; and

14 ‘‘(3) the need to balance the goal of ensuring the

15 target capabilities of the highest risk areas are

16 achieved quickly and the goal of ensuring that basic

17 levels of preparedness, as measured by the attainment

18 of target capabilities, are achieved nationwide.

19 ‘‘(d) MINIMUM ALLOCATION.—In allocating funds

20 under subsection (c), the Administrator shall ensure that,

21 for each fiscal year—

22 ‘‘(1) except as provided for in paragraph (2), no

23 State receives less than an amount equal to 0.45 per24 cent of the total funds appropriated for the State

25 Homeland Security Grant Program; and
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1 ‘‘(2) American Samoa, the Commonwealth of the

2 Northern Mariana Islands, Guam, and the Virgin Is3 lands each receive not less than 0.08 percent of the

4 amounts appropriated for the State Homeland Secu5 rity Grant Program.

6 ‘‘(e) MULTISTATE PARTNERSHIPS.—

7 ‘‘(1) IN GENERAL.—Instead of, or in addition to,

8 any application for funds under subsection (b), 2 or

9 more States may submit an application under this

10 paragraph for multistate efforts to prevent, prepare

11 for, protect against, respond to, or recover from acts

12 of terrorism.

13 ‘‘(2) GRANTEES.—Multistate grants may be

14 awarded to either—

15 ‘‘(A) an individual State acting on behalf of

16 a consortium or partnership of States with the

17 consent of all member States; or

18 ‘‘(B) a group of States applying as a con19 sortium or partnership.

20 ‘‘(3) ADMINISTRATION OF GRANT.—If a group of

21 States apply as a consortium or partnership such

22 States shall submit to the Secretary at the time of ap23 plication a plan describing—

24 ‘‘(A) the division of responsibilities for ad25 ministering the grant; and
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1 ‘‘(B) the distribution of funding among the

2 various States and entities that are party to the

3 application.

4 ‘‘(f) FUNDING FOR LOCAL AND TRIBAL GOVERN5 MENTS.—

6 ‘‘(1) IN GENERAL.—The Administrator shall re7 quire that, not later than 60 days after receiving

8 grant funding, any State receiving a grant under this

9 section shall make available to local and tribal gov10 ernments and emergency response providers, con11 sistent with the applicable State homeland security

12 plan—

13 ‘‘(A) not less than 80 percent of the grant

14 funds;

15 ‘‘(B) with the consent of local and tribal

16 governments, the resources purchased with such

17 grant funds having a value equal to not less than

18 80 percent of the amount of the grant; or

19 ‘‘(C) grant funds combined with resources

20 purchased with the grant funds having a value

21 equal to not less than 80 percent of the amount

22 of the grant.

23 ‘‘(2) EXTENSION OF PERIOD.—The Governor of a

24 State may request in writing that the Administrator

25 extend the period under paragraph (1) for an addi-
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1 tional period of time. The Administrator may ap2 prove such a request, and may extend such period for

3 an additional period, if the Administrator determines

4 that the resulting delay in providing grant funding to

5 the local and tribal governments and emergency re6 sponse providers is necessary to promote effective in7 vestments to prevent, prepare for, protect against, re8 spond to, and recover from terrorism, or to meet the

9 target capabilities of the State.

10 ‘‘(3) INDIAN TRIBES.—States shall be responsible

11 for allocating grant funds received under this section

12 to tribal governments in order to help those tribal

13 communities achieve target capabilities. Indian tribes

14 shall be eligible for funding directly from the States,

15 and shall not be required to seek funding from any

16 local government.

17 ‘‘(4) EXCEPTION.—Paragraph (1) shall not

18 apply to the District of Columbia, the Commonwealth

19 of Puerto Rico, American Samoa, the Commonwealth

20 of the Northern Mariana Islands, Guam, or the Vir21 gin Islands.

22 ‘‘(g) GRANTS TO DIRECTLY ELIGIBLE TRIBES.—

23 ‘‘(1) IN GENERAL.—Notwithstanding subsection

24 (b), the Secretary may award grants to directly eligi25 ble tribes under this section.
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1 ‘‘(2) TRIBAL APPLICATIONS.—A directly eligible

2 tribe may apply for a grant under this section by

3 submitting an application to the Administrator that

4 includes the information required for an application

5 by a State under subsection (b).

6 ‘‘(3) STATE REVIEW.—

7 ‘‘(A) IN GENERAL.—To ensure consistency

8 with State homeland security plans, a directly

9 eligible tribe applying for a grant under this sec10 tion shall submit its application to each State

11 within which any part of the tribe is located for

12 review before submission of such application to

13 the Department.

14 ‘‘(B) DEADLINE.—Not later than 30 days

15 after receiving an application from a directly el16 igible tribe under subparagraph (A), each such

17 State shall transmit the application to the De18 partment.

19 ‘‘(C) STATE DISAGREEMENT.—If the Gov20 ernor of any such State determines that the ap21 plication of a directly eligible tribe is incon22 sistent with the State homeland security plan of

23 that State, or otherwise does not support the ap24 plication, the Governor shall—
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1 ‘‘(i) notify the Administrator, in writ2 ing, of that fact; and

3 ‘‘(ii) provide an explanation of the rea4 son for not supporting the application at

5 the time of transmission of the application.

6 ‘‘(4) DISTRIBUTION OF AWARDS TO DIRECTLY

7 ELIGIBLE TRIBES.—If the Administrator awards

8 funds to a directly eligible tribe under this section, the

9 Administrator shall distribute the grant funds di10 rectly to the directly eligible tribe. The funds shall not

11 be distributed to the State or States in which the di12 rectly eligible tribe is located.

13 ‘‘(5) TRIBAL LIAISON.—A directly eligible tribe

14 applying for a grant under this section shall des15 ignate a specific individual to serve as the tribal liai16 son who shall—

17 ‘‘(A) coordinate with Federal, State, local,

18 regional, and private officials concerning ter19 rorism preparedness;

20 ‘‘(B) develop a process for receiving input

21 from Federal, State, local, regional, and private

22 officials to assist in the development of the appli23 cation of such tribe and to improve the access of

24 such tribe to grants; and
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1 ‘‘(C) administer, in consultation with State,

2 local, regional, and private officials, grants

3 awarded to such tribe.

4 ‘‘(6) TRIBES RECEIVING DIRECT GRANTS.—A di5 rectly eligible tribe that receives a grant directly

6 under this section is eligible to receive funds for other

7 purposes under a grant from the State or States with8 in the boundaries of which any part of such tribe is

9 located, consistent with the homeland security plan of

10 the State.

11 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in this

12 section shall be construed to affect the authority of an

13 Indian tribe that receives funds under this section.

14 ‘‘(h) OPPORTUNITY TO AMEND.—In considering appli15 cations for grants under this section, the Administrator

16 shall provide applicants with a reasonable opportunity to

17 correct defects in the application, if any, before making

18 final awards.

19 ‘‘(i) ALLOWABLE USES.—Grants awarded under this

20 section may be used to achieve target capabilities, consistent

21 with a State homeland security plan, through—

22 ‘‘(1) developing and enhancing State, local, trib23 al, or regional plans, risk assessments, or mutual aid

24 agreements;
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1 ‘‘(2) purchasing, upgrading, storing, or main2 taining equipment;

3 ‘‘(3) designing, conducting, and evaluating

4 training and exercises, including exercises of mass

5 evacuation plans under section 512 and including the

6 payment of overtime and backfill costs in support of

7 such activities;

8 ‘‘(4) responding to an increase in the threat level

9 under the Homeland Security Advisory System, in10 cluding payment of overtime and backfill costs;

11 ‘‘(5) establishing, enhancing, and staffing with

12 appropriately qualified personnel State and local fu13 sion centers, that comply with the guidelines estab14 lished under section 206(i);

15 ‘‘(6) protecting critical infrastructure and key

16 resources identified in the Critical Infrastructure List

17 established under section 1101 of the Improving

18 America’s Security Act of 2007, including the pay19 ment of appropriate personnel costs;

20 ‘‘(7) any activity permitted under the Fiscal

21 Year 2007 Program Guidance of the Department for

22 the State Homeland Security Grant Program or the

23 Law Enforcement Terrorism Prevention Grant Pro24 gram, including activities permitted under the full25 time counterterrorism staffing pilot; and
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1 ‘‘(8) any other activity relating to achieving tar2 get capabilities approved by the Administrator.

3 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are

4 authorized to be appropriated for grants under this

5 section—

6 ‘‘(1) for fiscal year 2007, such sums as are nec7 essary;

8 ‘‘(2) for each of fiscal years 2008, 2009, and

9 2010, $913,180,500; and

10 ‘‘(3) for fiscal year 2011, and each fiscal year

11 thereafter, such sums as are necessary.

12 ‘‘SEC. 2005. TERRORISM PREVENTION.

13 ‘‘(a) LAW ENFORCEMENT TERRORISM PREVENTION

14 PROGRAM.—

15 ‘‘(1) IN GENERAL.—The Administrator shall des16 ignate not less than 25 percent of the combined

17 amount appropriated for grants under sections 2003

18 and 2004 to be used for law enforcement terrorism

19 prevention activities.

20 ‘‘(2) USE OF FUNDS.—Grants awarded under

21 this subsection may be used for—

22 ‘‘(A) information sharing to preempt ter23 rorist attacks;

24 ‘‘(B) target hardening to reduce the vulner25 ability of selected high value targets;
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1 ‘‘(C) threat recognition to recognize the po2 tential or development of a threat;

3 ‘‘(D) intervention activities to interdict ter4 rorists before they can execute a threat;

5 ‘‘(E) overtime expenses related to a State

6 homeland security plan, including overtime costs

7 associated with providing enhanced law enforce8 ment operations in support of Federal agencies

9 for increased border security and border crossing

10 enforcement;

11 ‘‘(F) establishing, enhancing, and staffing

12 with appropriately qualified personnel State and

13 local fusion centers that comply with the guide14 lines established under section 206(i);

15 ‘‘(G) any other activity permitted under the

16 Fiscal Year 2007 Program Guidance of the De17 partment for the Law Enforcement Terrorism

18 Prevention Program; and

19 ‘‘(H) any other terrorism prevention activ20 ity authorized by the Administrator.

21 ‘‘(b) OFFICE FOR THE PREVENTION OF TERRORISM.—

22 ‘‘(1) ESTABLISHMENT.—There is established in

23 the Department an Office for the Prevention of Ter24 rorism, which shall be headed by a Director.

25 ‘‘(2) DIRECTOR.—
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1 ‘‘(A) REPORTING.—The Director of the Of2 fice for the Prevention of Terrorism shall report

3 directly to the Secretary.

4 ‘‘(B) QUALIFICATIONS.—The Director of the

5 Office for the Prevention of Terrorism shall have

6 an appropriate background with experience in

7 law enforcement, intelligence, and other

8 antiterrorist functions.

9 ‘‘(3) ASSIGNMENT OF PERSONNEL.—

10 ‘‘(A) IN GENERAL.—The Secretary shall as11 sign to the Office for the Prevention of Terrorism

12 permanent staff and other appropriate personnel

13 detailed from other components of the Depart14 ment to carry out the responsibilities under this

15 section.

16 ‘‘(B) LIAISONS.—The Secretary shall des17 ignate senior employees from each component of

18 the Department that has significant

19 antiterrorism responsibilities to act as liaisons

20 between that component and the Office for the

21 Prevention of Terrorism.

22 ‘‘(4) RESPONSIBILITIES.—The Director of the Of23 fice for the Prevention of Terrorism shall—

24 ‘‘(A) coordinate policy and operations be25 tween the Department and State, local, and trib-
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1 al government agencies relating to preventing

2 acts of terrorism within the United States;

3 ‘‘(B) serve as a liaison between State, local,

4 and tribal law enforcement agencies and the De5 partment;

6 ‘‘(C) in coordination with the Office of In7 telligence and Analysis, develop better methods

8 for the sharing of intelligence with State, local,

9 and tribal law enforcement agencies;

10 ‘‘(D) work with the Administrator to ensure

11 that homeland security grants to State, local,

12 and tribal government agencies, including grants

13 under this title, the Commercial Equipment Di14 rect Assistance Program, and grants to support

15 fusion centers and other law enforcement-ori16 ented programs are adequately focused on ter17 rorism prevention activities, including through

18 review of budget requests for those programs; and

19 ‘‘(E) coordinate with the Federal Emer20 gency Management Agency, the Department of

21 Justice, the National Institute of Justice, law en22 forcement organizations, and other appropriate

23 entities to support the development, promulga24 tion, and updating, as necessary, of national vol25 untary consensus standards for training and
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1 personal protective equipment to be used in a

2 tactical environment by law enforcement officers.

3 ‘‘(5) PILOT PROJECT.—

4 ‘‘(A) IN GENERAL.—The Director of the Of5 fice for the Prevention of Terrorism, in coordina6 tion with the Administrator, shall establish a

7 pilot project to determine the efficacy and feasi8 bility of establishing law enforcement deployment

9 teams.

10 ‘‘(B) FUNCTION.—The law enforcement de11 ployment teams participating in the pilot pro12 gram under this paragraph shall form the basis

13 of a national network of standardized law en14 forcement resources to assist State, local, and

15 tribal governments in responding to natural dis16 asters, acts of terrorism, or other man-made dis17 aster.

18 ‘‘(6) CONSTRUCTION.—Nothing in this section

19 may be construed to affect the roles or responsibilities

20 of the Department of Justice.

21 ‘‘SEC. 2006. RESTRICTIONS ON USE OF FUNDS.

22 ‘‘(a) LIMITATIONS ON USE.—

23 ‘‘(1) CONSTRUCTION.—
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1 ‘‘(A) IN GENERAL.—Grants awarded under

2 this title may not be used to acquire land or to

3 construct buildings or other physical facilities.

4 ‘‘(B) EXCEPTIONS.—

5 ‘‘(i) IN GENERAL.—Notwithstanding

6 subparagraph (A), nothing in this para7 graph shall prohibit the use of grants

8 awarded under this title to achieve target

9 capabilities through—

10 ‘‘(I) the construction of facilities

11 described in section 611 of the Robert

12 T. Stafford Disaster Relief and Emer13 gency Assistance Act (42 U.S.C. 5196);

14 or

15 ‘‘(II) the alteration or remodeling

16 of existing buildings for the purpose of

17 making such buildings secure against

18 terrorist attacks or able to withstand

19 or protect against chemical, radio20 logical, or biological attacks.

21 ‘‘(ii) REQUIREMENTS FOR EXCEP22 TION.—No grant awards may be used for

23 the purposes under clause (i) unless—

24 ‘‘(I) specifically approved by the

25 Administrator;
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1 ‘‘(II) the construction occurs

2 under terms and conditions consistent

3 with the requirements under section

4 611(j)(9) of the Robert T. Stafford Dis5 aster Relief and Emergency Assistance

6 Act (42 U.S.C. 5196(j)(9)); and

7 ‘‘(III) the amount allocated for

8 purposes under clause (i) does not ex9 ceed 20 percent of the grant award.

10 ‘‘(2) PERSONNEL.—

11 ‘‘(A) IN GENERAL.—For any grant awarded

12 under section 2003 or 2004—

13 ‘‘(i) not more than 25 percent of the

14 amount awarded to a grant recipient may

15 be used to pay overtime and backfill costs;

16 and

17 ‘‘(ii) not more than 25 percent of the

18 amount awarded to the grant recipient may

19 be used to pay personnel costs not described

20 in clause (i).

21 ‘‘(B) WAIVER.—At the request of the recipi22 ent of a grant under section 2003 or section

23 2004, the Administrator may grant a waiver of

24 any limitation under subparagraph (A).
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1 ‘‘(C) EXCEPTION. The limitations under

2 subparagraph (A) shall not apply to activities

3 permitted under the full-time counterterrorism

4 staffing pilot, as described in the Fiscal Year

5 2007 Program Guidance of the Department for

6 the Urban Area Security Initiative.

7 ‘‘(3) RECREATION.—Grants awarded under this

8 title may not be used for recreational or social pur9 poses.

10 ‘‘(b) MULTIPLE-PURPOSE FUNDS.—Nothing in this

11 title shall be construed to prohibit State, local, or tribal gov12 ernments from using grant funds under sections 2003 and

13 2004 in a manner that enhances preparedness for disasters

14 unrelated to acts of terrorism, if such use assists such gov15 ernments in achieving capabilities for terrorism prepared16 ness established by the Administrator.

17 ‘‘(c) EQUIPMENT STANDARDS.—If an applicant for a

18 grant under this title proposes to upgrade or purchase, with

19 assistance provided under that grant, new equipment or

20 systems that do not meet or exceed any applicable national

21 voluntary consensus standards developed under section 647

22 of the Post-Katrina Emergency Management Reform Act of

23 2006 (6 U.S.C. 747), the applicant shall include in its ap24 plication an explanation of why such equipment or systems
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1 will serve the needs of the applicant better than equipment

2 or systems that meet or exceed such standards.

3 ‘‘(d) SUPPLEMENT NOT SUPPLANT.—Amounts appro4 priated for grants under this title shall be used to supple5 ment and not supplant other State, local, and tribal govern6 ment public funds obligated for the purposes provided under

7 this title.

8 ‘‘SEC. 2007. ADMINISTRATION AND COORDINATION.

9 ‘‘(a) ADMINISTRATOR.—The Administrator shall, in

10 consultation with other appropriate offices within the De11 partment, have responsibility for administering all home12 land security grant programs administered by the Depart13 ment and for ensuring coordination among those programs

14 and consistency in the guidance issued to recipients across

15 those programs.

16 ‘‘(b) NATIONAL ADVISORY COUNCIL.—To ensure input

17 from and coordination with State, local, and tribal govern18 ments and emergency response providers, the Administrator

19 shall regularly consult and work with the National Advi20 sory Council established under section 508 on the adminis21 tration and assessment of grant programs administered by

22 the Department, including with respect to the development

23 of program guidance and the development and evaluation

24 of risk-assessment methodologies.
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1 ‘‘(c) REGIONAL COORDINATION.—The Administrator

2 shall ensure that—

3 ‘‘(1) all recipients of homeland security grants

4 administered by the Department, as a condition of re5 ceiving those grants, coordinate their prevention, pre6 paredness, and protection efforts with neighboring

7 State, local, and tribal governments, as appropriate;

8 and

9 ‘‘(2) all metropolitan areas and other recipients

10 of homeland security grants administered by the De11 partment that include or substantially affect parts or

12 all of more than 1 State, coordinate across State

13 boundaries, including, where appropriate, through the

14 use of regional working groups and requirements for

15 regional plans, as a condition of receiving Depart16 mentally administered homeland security grants.

17 ‘‘(d) PLANNING COMMITTEES.—

18 ‘‘(1) IN GENERAL.—Any State or metropolitan

19 area receiving grants under section 2003 or 2004

20 shall establish a planning committee to assist in

21 preparation and revision of the State, regional, or

22 local homeland security plan and to assist in deter23 mining effective funding priorities.

24 ‘‘(2) COMPOSITION.—
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1 ‘‘(A) IN GENERAL.—The planning com2 mittee shall include representatives of significant

3 stakeholders, including—

4 ‘‘(i) local and tribal government offi5 cials; and

6 ‘‘(ii) emergency response providers,

7 which shall include representatives of the

8 fire service, law enforcement, emergency

9 medical response, and emergency managers.

10 ‘‘(B) GEOGRAPHIC REPRESENTATION.—The

11 members of the planning committee shall be a

12 representative group of individuals from the

13 counties, cities, towns, and Indian tribes within

14 the State or metropolitan areas, including, as

15 appropriate, representatives of rural, high-popu16 lation, and high-threat jurisdictions.

17 ‘‘(3) EXISTING PLANNING COMMITTEES.—Noth18 ing in this subsection may be construed to require

19 that any State or metropolitan area create a plan20 ning committee if that State or metropolitan area has

21 established and uses a multijurisdictional planning

22 committee or commission that meets the requirements

23 of this subsection.

24 ‘‘(e) INTERAGENCY COORDINATION.—The Secretary,

25 through the Administrator, in coordination with the Attor-
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1 ney General, the Secretary of Health and Human Services,

2 and other agencies providing assistance to State, local, and

3 tribal governments for preventing, preparing for, protecting

4 against, responding to, and recovering from natural disas5 ters, acts of terrorism, and other man-made disasters, and

6 not later than 12 months after the date of enactment of the

7 Improving America’s Security Act of 2007, shall—

8 ‘‘(1) compile a comprehensive list of Federal pro9 grams that provide assistance to State, local, and

10 tribal governments for preventing, preparing for, and

11 responding to, natural disasters, acts of terrorism,

12 and other man-made disasters;

13 ‘‘(2) develop a proposal to coordinate, to the

14 greatest extent practicable, the planning, reporting,

15 application, and other requirements and guidance for

16 homeland security assistance programs to—

17 ‘‘(A) eliminate redundant and duplicative

18 requirements, including onerous application and

19 ongoing reporting requirements;

20 ‘‘(B) ensure accountability of the programs

21 to the intended purposes of such programs;

22 ‘‘(C) coordinate allocation of grant funds to

23 avoid duplicative or inconsistent purchases by

24 the recipients; and
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1 ‘‘(D) make the programs more accessible

2 and user friendly to applicants; and

3 ‘‘(3) submit the information and proposals under

4 paragraphs (1) and (2) to the Committee on Home5 land Security and Governmental Affairs of the Senate

6 and the Committee on Homeland Security of the

7 House of Representatives.

8 ‘‘SEC. 2008. ACCOUNTABILITY.

9 ‘‘(a) REPORTS TO CONGRESS.—

10 ‘‘(1) FUNDING EFFICACY.—The Administrator

11 shall submit to Congress, as a component of the an12 nual Federal Preparedness Report required under sec13 tion 652 of the Post-Katrina Emergency Management

14 Reform Act of 2006 (6 U.S.C. 752), an evaluation of

15 the extent to which grants Administered by the De16 partment, including the grants established by this

17 title—

18 ‘‘(A) have contributed to the progress of

19 State, local, and tribal governments in achieving

20 target capabilities; and

21 ‘‘(B) have led to the reduction of risk na22 tionally and in State, local, and tribal jurisdic23 tions.

24 ‘‘(2) RISK ASSESSMENT.—
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1 ‘‘(A) IN GENERAL.—For each fiscal year,

2 the Administrator shall provide to the Committee

3 on Homeland Security and Governmental Af4 fairs of the Senate and the Committee on Home5 land Security of the House of Representatives a

6 detailed and comprehensive explanation of the

7 methodology used to calculate risk and compute

8 the allocation of funds under sections 2003 and

9 2004 of this title, including—

10 ‘‘(i) all variables included in the risk

11 assessment and the weights assigned to each;

12 ‘‘(ii) an explanation of how each such

13 variable, as weighted, correlates to risk, and

14 the basis for concluding there is such a cor15 relation; and

16 ‘‘(iii) any change in the methodology

17 from the previous fiscal year, including

18 changes in variables considered, weighting

19 of those variables, and computational meth20 ods.

21 ‘‘(B) CLASSIFIED ANNEX.—The information

22 required under subparagraph (A) shall be pro23 vided in unclassified form to the greatest extent

24 possible, and may include a classified annex if

25 necessary.
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1 ‘‘(C) DEADLINE.—For each fiscal year, the

2 information required under subparagraph (A)

3 shall be provided on the earlier of—

4 ‘‘(i) October 31; or

5 ‘‘(ii) 30 days before the issuance of any

6 program guidance for grants under sections

7 2003 and 2004.

8 ‘‘(b) REVIEWS AND AUDITS.—

9 ‘‘(1) DEPARTMENT REVIEW.—The Administrator

10 shall conduct periodic reviews of grants made under

11 this title to ensure that recipients allocate funds con12 sistent with the guidelines established by the Depart13 ment.

14 ‘‘(2) GOVERNMENT ACCOUNTABILITY OFFICE.—

15 ‘‘(A) ACCESS TO INFORMATION.—Each re16 cipient of a grant under this title and the De17 partment shall provide the Government Account18 ability Office with full access to information re19 garding the activities carried out under this

20 title.

21 ‘‘(B) AUDITS AND REPORTS.—

22 ‘‘(i) AUDIT.—Not later than 12 months

23 after the date of enactment of the Improving

24 America’s Security Act of 2007, and peri25 odically thereafter, the Comptroller General
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1 of the United States shall conduct an audit

2 of grants made under this title.

3 ‘‘(ii) REPORT.—The Comptroller Gen4 eral of the United States shall submit a re5 port to the Committee on Homeland Secu6 rity and Governmental Affairs of the Senate

7 and the Committee on Homeland Security

8 of the House of Representatives on—

9 ‘‘(I) the results of any audit con10 ducted under clause (i), including an

11 analysis of the purposes for which the

12 grant funds authorized under this title

13 are being spent; and

14 ‘‘(II) whether the grant recipients

15 have allocated funding consistent with

16 the State homeland security plan and

17 the guidelines established by the De18 partment.

19 ‘‘(3) AUDIT REQUIREMENT.—Grant recipients

20 that expend $500,000 or more in grant funds received

21 under this title during any fiscal year shall submit

22 to the Administrator an organization-wide financial

23 and compliance audit report in conformance with the

24 requirements of chapter 75 of title 31, United States

25 Code.
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1 ‘‘(4) RECOVERY AUDITS.—The Secretary shall

2 conduct a recovery audit (as that term is defined by

3 the Director of the Office of Management and Budget

4 under section 3561 of title 31, United States Code) for

5 any grant administered by the Department with a

6 total value of $1,000,000 or greater.

7 ‘‘(c) REMEDIES FOR NONCOMPLIANCE.—

8 ‘‘(1) IN GENERAL.—If the Administrator finds,

9 after reasonable notice and an opportunity for a

10 hearing, that a recipient of a grant under this title

11 has failed to substantially comply with any provision

12 of this title, or with any regulations or guidelines of

13 the Department regarding eligible expenditures, the

14 Administrator shall—

15 ‘‘(A) terminate any payment of grant funds

16 to be made to the recipient under this title;

17 ‘‘(B) reduce the amount of payment of

18 grant funds to the recipient by an amount equal

19 to the amount of grants funds that were not ex20 pended by the recipient in accordance with this

21 title; or

22 ‘‘(C) limit the use of grant funds received

23 under this title to programs, projects, or activi24 ties not affected by the failure to comply.
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1 ‘‘(2) DURATION OF PENALTY.—The Adminis2 trator shall apply an appropriate penalty under

3 paragraph (1) until such time as the Secretary deter4 mines that the grant recipient is in full compliance

5 with this title or with applicable guidelines or regula6 tions of the Department.

7 ‘‘(3) DIRECT FUNDING.—If a State fails to sub8 stantially comply with any provision of this title or

9 with applicable guidelines or regulations of the De10 partment, including failing to provide local or tribal

11 governments with grant funds or resources purchased

12 with grant funds in a timely fashion, a local or tribal

13 government entitled to receive such grant funds or re14 sources may petition the Administrator, at such time

15 and in such manner as determined by the Adminis16 trator, to request that grant funds or resources be pro17 vided directly to the local or tribal government.

18 ‘‘SEC. 2009. AUDITING.

19 ‘‘(a) AUDITS OF GRANTS.—

20 ‘‘(1) IN GENERAL.—Not later than the date de21 scribed in paragraph (2), and every 2 years there22 after, the Inspector General of the Department shall

23 conduct an audit of each entity that receives a grant

24 under the Urban Area Security Initiative, the State

25 Homeland Security Grant Program, or the Emer-
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1 gency Management Performance Grant Program to

2 evaluate the use of funds under such grant program

3 by such entity.

4 ‘‘(2) TIMING.—The date described in this para5 graph is the later of 2 years after—

6 ‘‘(A) the date of enactment of the Improving

7 America’s Security Act of 2007; and

8 ‘‘(B) the date that an entity first receives a

9 grant under the Urban Area Security Initiative,

10 the State Homeland Security Grant Program, or

11 the Emergency Management Performance Grant

12 Program, as the case may be.

13 ‘‘(3) CONTENTS.—Each audit under this sub14 section shall evaluate—

15 ‘‘(A) the use of funds under the relevant

16 grant program by an entity during the 2 full fis17 cal years before the date of that audit;

18 ‘‘(B) whether funds under that grant pro19 gram were used by that entity as required by

20 law; and

21 ‘‘(C)(i) for each grant under the Urban

22 Area Security Initiative or the State Homeland

23 Security Grant Program, the extent to which

24 funds under that grant were used to prepare for,
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1 protect against, respond to, or recover from acts

2 of terrorism; and

3 ‘‘(ii) for each grant under the Emergency

4 Management Performance Grant Program, the

5 extent to which funds under that grant were used

6 to prevent, prepare for, protect against, respond

7 to, recover from, or mitigate against all hazards,

8 including natural disasters, acts of terrorism,

9 and other man-made disasters.

10 ‘‘(4) PUBLIC AVAILABILITY ON WEBSITE.—The

11 Inspector General of the Department shall make each

12 audit under this subsection available on the website of

13 the Inspector General.

14 ‘‘(5) REPORTING.—

15 ‘‘(A) IN GENERAL.—Not later than 2 years

16 and 60 days after the date of enactment of the

17 Improving America’s Security Act of 2007, and

18 annually thereafter, the Inspector General of the

19 Department shall submit to Congress a consoli20 dated report regarding the audits conducted

21 under this subsection.

22 ‘‘(B) CONTENTS.—Each report submitted

23 under this paragraph shall describe—

24 ‘‘(i)(I) for the first such report, the au25 dits conducted under this subsection during
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1 the 2-year period beginning on the date of

2 enactment of the Improving America’s Secu3 rity Act of 2007; and

4 ‘‘(II) for each subsequent such report,

5 the audits conducted under this subsection

6 during the fiscal year before the date of the

7 submission of that report;

8 ‘‘(ii) whether funds under each grant

9 audited during the period described in

10 clause (i) that is applicable to such report

11 were used as required by law; and

12 ‘‘(iii)(I) for grants under the Urban

13 Area Security Initiative or the State Home14 land Security Grant Program audited, the

15 extent to which, during the period described

16 in clause (i) that is applicable to such re17 port, funds under such grants were used to

18 prepare for, protect against, respond to, or

19 recover from acts of terrorism; and

20 ‘‘(II) for grants under the Emergency

21 Management Performance Grant Program

22 audited, the extent to which funds under

23 such grants were used during the period de24 scribed in clause (i) applicable to such re25 port to prevent, prepare for, protect against,
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1 respond to, recover from, or mitigate

2 against all hazards, including natural dis3 asters, acts of terrorism, and other man4 made disasters.

5 ‘‘(b) AUDIT OF OTHER PREPAREDNESS GRANTS.—

6 ‘‘(1) IN GENERAL.—Not later than the date de7 scribed in paragraph (2), the Inspector General of the

8 Department shall conduct an audit of each entity that

9 receives a grant under the Urban Area Security Ini10 tiative, the State Homeland Security Grant Program,

11 or the Emergency Management Performance Grant

12 Program to evaluate the use by that entity of any

13 grant for preparedness administered by the Depart14 ment that was awarded before the date of enactment

15 of the Improving America’s Security Act of 2007.

16 ‘‘(2) TIMING.—The date described in this para17 graph is the later of 2 years after—

18 ‘‘(A) the date of enactment of the Improving

19 America’s Security Act of 2007; and

20 ‘‘(B) the date that an entity first receives a

21 grant under the Urban Area Security Initiative,

22 the State Homeland Security Grant Program, or

23 the Emergency Management Performance Grant

24 Program, as the case may be.
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1 ‘‘(3) CONTENTS.—Each audit under this sub2 section shall evaluate—

3 ‘‘(A) the use of funds by an entity under

4 any grant for preparedness administered by the

5 Department that was awarded before the date of

6 enactment of the Improving America’s Security

7 Act of 2007;

8 ‘‘(B) whether funds under each such grant

9 program were used by that entity as required by

10 law; and

11 ‘‘(C) the extent to which such funds were

12 used to enhance preparedness.

13 ‘‘(4) PUBLIC AVAILABILITY ON WEBSITE.—The

14 Inspector General of the Department shall make each

15 audit under this subsection available on the website of

16 the Inspector General.

17 ‘‘(5) REPORTING.—

18 ‘‘(A) IN GENERAL.—Not later than 2 years

19 and 60 days after the date of enactment of the

20 Improving America’s Security Act of 2007, and

21 annually thereafter, the Inspector General of the

22 Department shall submit to Congress a consoli23 dated report regarding the audits conducted

24 under this subsection.
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1 ‘‘(B) CONTENTS.—Each report submitted

2 under this paragraph shall describe—

3 ‘‘(i)(I) for the first such report, the au4 dits conducted under this subsection during

5 the 2-year period beginning on the date of

6 enactment of the Improving America’s Secu7 rity Act of 2007; and

8 ‘‘(II) for each subsequent such report,

9 the audits conducted under this subsection

10 during the fiscal year before the date of the

11 submission of that report;

12 ‘‘(ii) whether funds under each grant

13 audited were used as required by law; and

14 ‘‘(iii) the extent to which funds under

15 each grant audited were used to enhance

16 preparedness.

17 ‘‘(c) FUNDING FOR AUDITS.—

18 ‘‘(1) IN GENERAL.—The Administrator shall

19 withhold 1 percent of the total amount of each grant

20 under the Urban Area Security Initiative, the State

21 Homeland Security Grant Program, and the Emer22 gency Management Performance Grant Program for

23 audits under this section.
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1 ‘‘(2) AVAILABILITY OF FUNDS.—The Adminis2 trator shall make amounts withheld under this sub3 section available as follows:

4 ‘‘(A) Amounts withheld from grants under

5 the Urban Area Security Initiative shall be

6 made available for audits under this section of

7 entities receiving grants under the Urban Area

8 Security Initiative.

9 ‘‘(B) Amounts withheld from grants under

10 the State Homeland Security Grant Program

11 shall be made available for audits under this sec12 tion of entities receiving grants under the State

13 Homeland Security Grant Program.

14 ‘‘(C) Amounts withheld from grants under

15 the Emergency Management Performance Grant

16 Program shall be made available for audits

17 under this section of entities receiving grants

18 under the Emergency Management Performance

19 Grant Program.

20 ‘‘(d) DEFINITION.—In this section, the term ‘Emer21 gency Management Performance Grants Program’ means

22 the Emergency Management Performance Grants Program

23 under section 662 of the Post-Katrina Emergency Manage24 ment Reform Act of 2006 (6 U.S.C. 763; Public Law 109–

25 295).
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1 ‘‘SEC. 2010. SENSE OF THE SENATE.

2 ‘‘It is the sense of the Senate that, in order to ensure

3 that the Nation is most effectively able to prevent, prepare

4 for, protect against, respond to, recovery from, and mitigate

5 against all hazards, including natural disasters, acts of ter6 rorism, and other man-made disasters—

7 ‘‘(1) the Department should administer a coher8 ent and coordinated system of both terrorism-focused

9 and all-hazards grants, the essential building blocks of

10 which include—

11 ‘‘(A) the Urban Area Security Initiative

12 and State Homeland Security Grant Program

13 established under this title (including funds dedi14 cated to law enforcement terrorism prevention

15 activities);

16 ‘‘(B) the Emergency Communications Oper17 ability and Interoperable Communications

18 Grants established under section 1809; and

19 ‘‘(C) the Emergency Management Perform20 ance Grants Program authorized under section

21 662 of the Post-Katrina Emergency Management

22 Reform Act of 2006 (6 U.S.C. 763); and

23 ‘‘(2) to ensure a continuing and appropriate bal24 ance between terrorism-focused and all-hazards pre25 paredness, the amounts appropriated for grants under

26 the Urban Area Security Initiative, State Homeland
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1 Security Grant Program, and Emergency Manage2 ment Performance Grants Program in any fiscal year

3 should be in direct proportion to the amounts author4 ized for those programs for fiscal year 2008 under the

5 amendments made by titles II and IV, as applicable,

6 of the Improving America’s Security Act of 2007.’’.

7 SEC. 203. EQUIPMENT TECHNICAL ASSISTANCE TRAINING.

8 (a) SENSE OF THE SENATE.—It is the sense of the Sen9 ate that the Department of Homeland Security shall con10 duct no fewer than 7,500 trainings annually through the

11 Domestic Preparedness Equipment Technical Assistance

12 Program.

13 (b) REPORT.—The Secretary of Homeland Security

14 shall report no later than September 30 annually to the

15 Senate Homeland Security and Governmental Affairs Com16 mittee, the House Homeland Security Committee, Senate

17 Appropriations Subcommittee on Homeland Security, and

18 the House Appropriations Subcommittee on Homeland

19 Security—

20 (a) on the number of trainings conducted that year

21 through the Domestic Preparedness Equipment Technical

22 Assistance Program; and

23 (b) if the number of trainings conducted that year is

24 less than 7,500, an explanation of why fewer trainings were

25 needed.
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1 SEC. 204. TECHNICAL AND CONFORMING AMENDMENTS.

2 (a) IN GENERAL.—The Homeland Security Act of

3 2002 (6 U.S.C. 101 et seq.) is amended—

4 (1) by redesignating title XVIII, as added by the

5 SAFE Port Act (Public Law 109–347; 120 Stat.

6 1884), as title XIX;

7 (2) by redesignating sections 1801 through 1806,

8 as added by the SAFE Port Act (Public Law 109–

9 347; 120 Stat. 1884), as sections 1901 through 1906,

10 respectively;

11 (3) in section 1904(a), as so redesignated, by

12 striking ‘‘section 1802’’ and inserting ‘‘section 1902’’;

13 and

14 (4) in section 1906, as so redesignated, by strik15 ing ‘‘section 1802(a)’’ each place that term appears

16 and inserting ‘‘section 1902(a)’’.

17 (b) TABLE OF CONTENTS.—The table of contents in

18 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.

19 101 note) is amended by striking the items relating to title

20 XVIII and sections 1801 through 1806, as added by the

21 SAFE Port Act (Public Law 109–347; 120 Stat. 1884), and

22 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.
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‘‘TITLE XX—HOMELAND SECURITY GRANTS

‘‘Sec. 2001. Definitions.

‘‘Sec. 2002. Homeland Security Grant Program.

‘‘Sec. 2003. Urban Area Security Initiative.

‘‘Sec. 2004. State Homeland Security Grant Program.

‘‘Sec. 2005. Terrorism prevention.

‘‘Sec. 2006. Restrictions on use of funds.

‘‘Sec. 2007. Administration and coordination.

‘‘Sec. 2008. Accountability.

‘‘Sec. 2009. Auditing.

‘‘Sec. 2010. Sense of the Senate.’’.

1 TITLE III—COMMUNICATIONS

2 OPERABILITY AND INTER3 OPERABILITY

4 SEC. 301. DEDICATED FUNDING TO ACHIEVE EMERGENCY

5 COMMUNICATIONS OPERABILITY AND INTER6 OPERABLE COMMUNICATIONS.

7 (a) EMERGENCY COMMUNICATIONS OPERABILITY AND

8 INTEROPERABLE COMMUNICATIONS.—

9 (1) IN GENERAL.—Title XVIII of the Homeland

10 Security Act of 2002 (6 U.S.C. 571 et seq.) (relating

11 to emergency communications) is amended by adding

12 at the end the following:

13 ‘‘SEC. 1809. EMERGENCY COMMUNICATIONS OPERABILITY

14 AND INTEROPERABLE COMMUNICATIONS

15 GRANTS.

16 ‘‘(a) DEFINITIONS.—In this section:

17 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis18 trator’ means the Administrator of the Federal Emer19 gency Management Agency.
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1 ‘‘(2) EMERGENCY COMMUNICATIONS OPER2 ABILITY.—The term ‘emergency communications oper3 ability’ means the ability to provide and maintain,

4 throughout an emergency response operation, a con5 tinuous flow of information among emergency re6 sponse providers, agencies, and government officers

7 from multiple disciplines and jurisdictions and at all

8 levels of government, in the event of a natural dis9 aster, act of terrorism, or other man-made disaster,

10 including where there has been significant damage to,

11 or destruction of, critical infrastructure, including

12 substantial loss of ordinary telecommunications infra13 structure and sustained loss of electricity.

14 ‘‘(b) IN GENERAL.—The Administrator shall make

15 grants to States for initiatives necessary to achieve, main16 tain, or enhance Statewide, regional, national and, as ap17 propriate, international emergency communications oper18 ability and interoperable communications.

19 ‘‘(c) STATEWIDE INTEROPERABLE COMMUNICATIONS

20 PLANS.—

21 ‘‘(1) SUBMISSION OF PLANS.—The Administrator

22 shall require any State applying for a grant under

23 this section to submit a Statewide Interoperable Com24 munications Plan as described under section 7303(f)
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1 of the Intelligence Reform and Terrorism Prevention

2 Act of 2004 (6 U.S.C. 194(f)).

3 ‘‘(2) COORDINATION AND CONSULTATION.—The

4 Statewide plan submitted under paragraph (1) shall

5 be developed—

6 ‘‘(A) in coordination with local and tribal

7 governments, emergency response providers, and

8 other relevant State officers; and

9 ‘‘(B) in consultation with and subject to ap10 propriate comment by the applicable Regional

11 Emergency Communications Coordination Work12 ing Group as described under section 1805.

13 ‘‘(3) APPROVAL.—The Administrator may not

14 award a grant to a State unless the Administrator,

15 in consultation with the Director for Emergency

16 Communications, has approved the applicable State17 wide plan.

18 ‘‘(4) REVISIONS.—A State may revise the appli19 cable Statewide plan approved by the Administrator

20 under this subsection, subject to approval of the revi21 sion by the Administrator.

22 ‘‘(d) CONSISTENCY.—The Administrator shall ensure

23 that each grant is used to supplement and support, in a

24 consistent and coordinated manner, any applicable State,

25 regional, or urban area homeland security plan.
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1 ‘‘(e) USE OF GRANT FUNDS.—Grants awarded under

2 subsection (b) may be used for initiatives to achieve, main3 tain, or enhance emergency communications operability

4 and interoperable communications, including—

5 ‘‘(1) Statewide or regional communications

6 planning, including governance related activities;

7 ‘‘(2) system design and engineering;

8 ‘‘(3) system procurement and installation;

9 ‘‘(4) exercises;

10 ‘‘(5) modeling and simulation exercises for oper11 ational command and control functions;

12 ‘‘(6) technical assistance;

13 ‘‘(7) training; and

14 ‘‘(8) other appropriate activities determined by

15 the Administrator to be integral to achieve, maintain,

16 or enhance emergency communications operability

17 and interoperable communications.

18 ‘‘(f) APPLICATION.—

19 ‘‘(1) IN GENERAL.—A State desiring a grant

20 under this section shall submit an application at such

21 time, in such manner, and accompanied by such in22 formation as the Administrator may reasonably re23 quire.

24 ‘‘(2) MINIMUM CONTENTS.—At a minimum, each

25 application submitted under paragraph (1) shall—
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1 ‘‘(A) identify the critical aspects of the com2 munications life cycle, including planning, sys3 tem design and engineering, procurement and

4 installation, and training for which funding is

5 requested;

6 ‘‘(B) describe how—

7 ‘‘(i) the proposed use of funds—

8 ‘‘(I) would be consistent with and

9 address the goals in any applicable

10 State, regional, or urban homeland se11 curity plan; and

12 ‘‘(II) unless the Administrator de13 termines otherwise, are—

14 ‘‘(aa) consistent with the Na15 tional Emergency Communica16 tions Plan under section 1802;

17 and

18 ‘‘(bb) compatible with the na19 tional infrastructure and national

20 voluntary consensus standards;

21 ‘‘(ii) the applicant intends to spend

22 funds under the grant, to administer such

23 funds, and to allocate such funds among

24 participating local and tribal governments

25 and emergency response providers;
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1 ‘‘(iii) the State plans to allocate the

2 grant funds on the basis of risk and effec3 tiveness to regions, local and tribal govern4 ments to promote meaningful investments

5 for achieving, maintaining, or enhancing

6 emergency communications operability and

7 interoperable communications;

8 ‘‘(iv) the State intends to address the

9 emergency communications operability and

10 interoperable communications needs at the

11 city, county, regional, State, and interstate

12 level; and

13 ‘‘(v) the State plans to emphasize re14 gional planning and cooperation, both with15 in the jurisdictional borders of that State

16 and with neighboring States;

17 ‘‘(C) be consistent with the Statewide Inter18 operable Communications Plan required under

19 section 7303(f) of the Intelligence Reform and

20 Terrorism Prevention Act of 2004 (6 U.S.C.

21 194(f)); and

22 ‘‘(D) include a capital budget and timeline

23 showing how the State intends to allocate and

24 expend the grant funds.

25 ‘‘(g) AWARD OF GRANTS.—
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1 ‘‘(1) CONSIDERATIONS.—In approving applica2 tions and awarding grants under this section, the Ad3 ministrator shall consider—

4 ‘‘(A) the nature of the threat to the State

5 from a natural disaster, act of terrorism, or

6 other man-made disaster;

7 ‘‘(B) the location, risk, or vulnerability of

8 critical infrastructure and key national assets,

9 including the consequences from damage to crit10 ical infrastructure in nearby jurisdictions as a

11 result of natural disasters, acts of terrorism, or

12 other man-made disasters;

13 ‘‘(C) the size of the population of the State,

14 including appropriate consideration of military,

15 tourist, and commuter populations;

16 ‘‘(D) the population density of the State;

17 ‘‘(E) the extent to which grants will be uti18 lized to implement emergency communications

19 operability and interoperable communications

20 solutions—

21 ‘‘(i) consistent with the National

22 Emergency Communications Plan under

23 section 1802 and compatible with the na24 tional infrastructure and national vol25 untary consensus standards; and
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1 ‘‘(ii) more efficient and cost effective

2 than current approaches;

3 ‘‘(F) the extent to which a grant would ex4 pedite the achievement, maintenance, or enhance5 ment of emergency communications operability

6 and interoperable communications in the State

7 with Federal, State, local, and tribal govern8 ments;

9 ‘‘(G) the extent to which a State, given its

10 financial capability, demonstrates its commit11 ment to achieve, maintain, or enhance emergency

12 communications operability and interoperable

13 communications by supplementing Federal funds

14 with non-Federal funds;

15 ‘‘(H) whether the State is on or near an

16 international border;

17 ‘‘(I) whether the State encompasses an eco18 nomically significant border crossing;

19 ‘‘(J) whether the State has a coastline bor20 dering an ocean, a major waterway used for

21 interstate commerce, or international waters;

22 ‘‘(K) the extent to which geographic barriers

23 pose unusual obstacles to achieving, maintain24 ing, or enhancing emergency communications

25 operability or interoperable communications;
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1 ‘‘(L) the threats, vulnerabilities, and con2 sequences faced by the State related to at-risk

3 sites or activities in nearby jurisdictions, includ4 ing the need to respond to natural disasters, acts

5 of terrorism, and other man-made disasters aris6 ing in those jurisdictions;

7 ‘‘(M) the need to achieve, maintain, or en8 hance nationwide emergency communications

9 operability and interoperable communications,

10 consistent with the National Emergency Commu11 nications Plan under section 1802;

12 ‘‘(N) whether the activity for which a grant

13 is requested is being funded under another Fed14 eral or State emergency communications grant

15 program; and

16 ‘‘(O) such other factors as are specified by

17 the Administrator in writing.

18 ‘‘(2) REVIEW PANEL.—

19 ‘‘(A) IN GENERAL.—The Secretary shall es20 tablish a review panel under section 871(a) to

21 assist in reviewing grant applications under this

22 section.

23 ‘‘(B) RECOMMENDATIONS.—The review

24 panel established under subparagraph (A) shall

25 make recommendations to the Administrator re-
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1 garding applications for grants under this sec2 tion.

3 ‘‘(C) MEMBERSHIP.—The review panel es4 tablished under subparagraph (A) shall

5 include—

6 ‘‘(i) individuals with technical exper7 tise in emergency communications oper8 ability and interoperable communications;

9 ‘‘(ii) emergency response providers;

10 and

11 ‘‘(iii) other relevant State and local of12 ficers.

13 ‘‘(3) MINIMUM GRANT AMOUNTS.—The Adminis14 trator shall ensure that for each fiscal year—

15 ‘‘(A) no State receives less than an amount

16 equal to 0.75 percent of the total funds appro17 priated for grants under this section; and

18 ‘‘(B) American Samoa, the Commonwealth

19 of the Northern Mariana Islands, Guam, and the

20 Virgin Islands each receive no less than 0.25 per21 cent of the amounts appropriated for grants

22 under this section.

23 ‘‘(4) AVAILABILITY OF FUNDS.—Any grant funds

24 awarded that may be used to support emergency com25 munications operability or interoperable communica-
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1 tions shall, as the Administrator may determine, re2 main available for up to 3 years, consistent with sec3 tion 7303(e) of the Intelligence Reform and Terrorism

4 Prevention Act of 2004 (6 U.S.C. 194(e)).

5 ‘‘(h) STATE RESPONSIBILITIES.—

6 ‘‘(1) PASS-THROUGH OF FUNDS TO LOCAL AND

7 TRIBAL GOVERNMENTS.—The Administrator shall de8 termine a date by which a State that receives a grant

9 shall obligate or otherwise make available to local and

10 tribal governments and emergency response

11 providers—

12 ‘‘(A) not less than 80 percent of the funds

13 of the amount of the grant;

14 ‘‘(B) resources purchased with the grant

15 funds having a value equal to not less than 80

16 percent of the total amount of the grant; or

17 ‘‘(C) grant funds combined with resources

18 purchased with the grant funds having a value

19 equal to not less than 80 percent of the total

20 amount of the grant.

21 ‘‘(2) CERTIFICATIONS REGARDING DISTRIBUTION

22 OF GRANT FUNDS TO LOCAL AND TRIBAL GOVERN23 MENTS.—Any State that receives a grant shall certify

24 to the Administrator, by not later than 30 days after

25 the date described under paragraph (1) with respect
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1 to the grant, that the State has made available for ex2 penditure by local or tribal governments and emer3 gency response providers the required amount of

4 grant funds under paragraph (1).

5 ‘‘(3) REPORT ON GRANT SPENDING.—

6 ‘‘(A) IN GENERAL.—Any State that receives

7 a grant shall submit a spending report to the

8 Administrator at such time, in such manner,

9 and accompanied by such information as the Ad10 ministrator may reasonably require.

11 ‘‘(B) MINIMUM CONTENTS.—At a minimum,

12 each report under this paragraph shall include—

13 ‘‘(i) the amount, ultimate recipients,

14 and dates of receipt of all funds received

15 under the grant;

16 ‘‘(ii) the amount and the dates of dis17 bursements of all such funds expended in

18 compliance with paragraph (1) or under

19 mutual aid agreements or other intrastate

20 and interstate sharing arrangements, as ap21 plicable;

22 ‘‘(iii) how the funds were used by each

23 ultimate recipient or beneficiary;

24 ‘‘(iv) the extent to which emergency

25 communications operability and interoper-
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1 able communications identified in the ap2 plicable Statewide plan and application

3 have been achieved, maintained, or en4 hanced as the result of the expenditure of

5 grant funds; and

6 ‘‘(v) the extent to which emergency

7 communications operability and interoper8 able communications identified in the ap9 plicable Statewide plan and application re10 main unmet.

11 ‘‘(C) PUBLIC AVAILABILITY ON WEBSITE.—

12 The Administrator shall make each report sub13 mitted under subparagraph (A) publicly avail14 able on the website of the Federal Emergency

15 Management Agency. The Administrator may re16 dact such information from the reports as the

17 Administrator determines necessary to protect

18 national security.

19 ‘‘(4) PENALTIES FOR REPORTING DELAY.—If a

20 State fails to provide the information required by the

21 Administrator under paragraph (3), the Adminis22 trator may—

23 ‘‘(A) reduce grant payments to the State

24 from the portion of grant funds that are not re-
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1 quired to be passed through under paragraph

2 (1);

3 ‘‘(B) terminate payment of funds under the

4 grant to the State, and transfer the appropriate

5 portion of those funds directly to local and tribal

6 governments and emergency response providers

7 that were intended to receive funding under that

8 grant; or

9 ‘‘(C) impose additional restrictions or bur10 dens on the use of funds by the State under the

11 grant, which may include—

12 ‘‘(i) prohibiting use of such funds to

13 pay the grant-related expenses of the State;

14 or

15 ‘‘(ii) requiring the State to distribute

16 to local and tribal government and emer17 gency response providers all or a portion of

18 grant funds that are not required to be

19 passed through under paragraph (1).

20 ‘‘(i) PROHIBITED USES.—Grants awarded under this

21 section may not be used for recreational or social purposes.

22 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are

23 authorized to be appropriated for grants under this

24 section—

25 ‘‘(1) $400,000,000 for fiscal year 2008;
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1 ‘‘(2) $500,000,000 for fiscal year 2009;

2 ‘‘(3) $600,000,000 for fiscal year 2010;

3 ‘‘(4) $800,000,000 for fiscal year 2011;

4 ‘‘(5) $1,000,000,000 for fiscal year 2012; and

5 ‘‘(6) such sums as necessary for each fiscal year

6 thereafter.

7 ‘‘(k) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed or interpreted to preclude the use

9 of funds under this section by a State for interim or long10 term Internet Protocol-based interoperable solutions, not11 withstanding compliance with the Project 25 standard.’’.

12 (2) TECHNICAL AND CONFORMING AMEND13 MENT.—The table of contents under section 1(b) of the

14 Homeland Security Act of 2002 (6 U.S.C. 101) is

15 amended by inserting after the item relating to sec16 tion 1808 the following:

‘‘Sec. 1809. Emergency communications operability and interoperable communications grants.’’

17 (b) INTEROPERABLE COMMUNICATIONS PLANS.—Sec18 tion 7303 of the Intelligence Reform and Terrorist Preven19 tion Act of 2004 (6 U.S.C. 194) is amended—

20 (1) in subsection (f)—

21 (A) in paragraph (4), by striking ‘‘and’’ at

22 the end;

23 (B) in paragraph (5), by striking the period

24 at the end and inserting a semicolon; and
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1 (C) by adding at the end the following:

2 ‘‘(6) include information on the governance

3 structure used to develop the plan, such as all agen4 cies and organizations that participated in devel5 oping the plan and the scope and timeframe of the

6 plan; and

7 ‘‘(7) describe the method by which multi-jurisdic8 tional, multi-disciplinary input was provided from

9 all regions of the jurisdiction and the process for con10 tinuing to incorporate such input.’’; and

11 (2) in subsection (g)(1), by striking ‘‘or video’’

12 and inserting ‘‘and video’’.

13 (c) NATIONAL EMERGENCY COMMUNICATIONS PLAN.—

14 Section 1802(c) of the Homeland Security Act of 2002 (6

15 U.S.C. 652(c)) is amended—

16 (1) in paragraph (8), by striking ‘‘and’’ at the

17 end;

18 (2) in paragraph (9), by striking the period at

19 the end and inserting a semicolon; and

20 (3) by adding at the end the following:

21 ‘‘(10) set a date, including interim benchmarks,

22 as appropriate, by which State, local, and tribal gov23 ernments, Federal departments and agencies, emer24 gency response providers, and the private sector will

25 achieve interoperable communications as that term is
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1 defined under section 7303(g)(1) of the Intelligence

2 Reform and Terrorism Prevention Act of 2004 (6

3 U.S.C. 194(g)(1).’’.

4 SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION

5 PROJECT.

6 (a) IN GENERAL.—

7 (1) ESTABLISHMENT.—There is established in

8 the Department an International Border Community

9 Interoperable Communications Demonstration Project

10 (referred to in this section as ‘‘demonstration

11 project’’).

12 (2) MINIMUM NUMBER OF COMMUNITIES.—The

13 Secretary shall select no fewer than 6 communities to

14 participate in a demonstration project.

15 (3) LOCATION OF COMMUNITIES.—No fewer than

16 3 of the communities selected under paragraph (2)

17 shall be located on the northern border of the United

18 States and no fewer than 3 of the communities se19 lected under paragraph (2) shall be located on the

20 southern border of the United States.

21 (b) PROGRAM REQUIREMENTS.—The demonstration

22 projects shall—

23 (1) address the interoperable communications

24 needs of emergency response providers and the Na25 tional Guard;
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1 (2) foster interoperable emergency communica2 tions systems—

3 (A) among Federal, State, local, and tribal

4 government agencies in the United States in5 volved in preventing or responding to a natural

6 disaster, act of terrorism, or other man-made

7 disaster; and

8 (B) with similar agencies in Canada or

9 Mexico;

10 (3) identify common international cross-border

11 frequencies for communications equipment, including

12 radio or computer messaging equipment;

13 (4) foster the standardization of interoperable

14 emergency communications equipment;

15 (5) identify solutions that will facilitate inter16 operable communications across national borders ex17 peditiously;

18 (6) ensure that emergency response providers can

19 communicate with each other and the public at dis20 aster sites;

21 (7) provide training and equipment to enable

22 emergency response providers to deal with threats and

23 contingencies in a variety of environments;

24 (8) identify and secure appropriate joint-use

25 equipment to ensure communications access; and
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1 (9) identify solutions to facilitate communica2 tions between emergency response providers in com3 munities of differing population densities.

4 (c) DISTRIBUTION OF FUNDS.—

5 (1) IN GENERAL.—The Secretary shall distribute

6 funds under this section to each community partici7 pating in a demonstration project through the State,

8 or States, in which each community is located.

9 (2) OTHER PARTICIPANTS.—Not later than 60

10 days after receiving funds under paragraph (1), a

11 State shall make the funds available to the local and

12 tribal governments and emergency response providers

13 selected by the Secretary to participate in a dem14 onstration project.

15 (d) REPORTING.—

16 (1) IN GENERAL.—Not later than December 31,

17 2007, and each year thereafter in which funds are ap18 propriated for a demonstration project, the Secretary

19 shall submit to the Committee on Homeland Security

20 and Governmental Affairs of the Senate and the Com21 mittee on Homeland Security of the House of Rep22 resentatives a report on the demonstration projects.

23 (2) CONTENTS.—Each report under this sub24 section shall contain the following:
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1 (A) The name and location of all commu2 nities involved in the demonstration project.

3 (B) The amount of funding provided to each

4 State for the demonstration project.

5 (C) An evaluation of the usefulness of the

6 demonstration project towards developing an ef7 fective interoperable communications system at

8 the borders.

9 (D) The factors that were used in deter10 mining how to distribute the funds in a risk11 based manner.

12 (E) The specific risks inherent to a border

13 community that make interoperable communica14 tions more difficult than in non-border commu15 nities.

16 (F) The optimal ways to prioritize funding

17 for interoperable communication systems based

18 upon risk.

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

20 authorized to be appropriated such sums as are necessary

21 in each of fiscal years 2007, 2008, and 2009 to carry out

22 this section.
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1 TITLE IV—EMERGENCY MANAGE2 MENT PERFORMANCE

3 GRANTS PROGRAM

4 SEC. 401. EMERGENCY MANAGEMENT PERFORMANCE

5 GRANTS PROGRAM.

6 Section 622 of the Post-Katrina Emergency Manage7 ment Reform Act of 2006 (6 U.S.C. 763) is amended to

8 read as follows:

9 ‘‘SEC. 622. EMERGENCY MANAGEMENT PERFORMANCE

10 GRANTS PROGRAM.

11 ‘‘(a) DEFINITIONS.—In this section:

12 ‘‘(1) POPULATION.—The term ‘population’

13 means population according to the most recent United

14 States census population estimates available at the

15 start of the relevant fiscal year.

16 ‘‘(2) STATE.—The term ‘State’ has the meaning

17 given that term in section 101 of the Homeland Secu18 rity Act of 2002 (6 U.S.C. 101).

19 ‘‘(b) IN GENERAL.—There is an Emergency Manage20 ment Performance Grants Program to make grants to

21 States to assist State, local, and tribal governments in pre22 paring for, responding to, recovering from, and mitigating

23 against all hazards.

24 ‘‘(c) APPLICATION.—
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1 ‘‘(1) IN GENERAL.—Each State may apply for a

2 grant under this section, and shall submit such infor3 mation in support of an application as the Adminis4 trator may reasonably require.

5 ‘‘(2) ANNUAL APPLICATIONS.—Applicants for

6 grants under this section shall apply or reapply on

7 an annual basis for grants distributed under the pro8 gram.

9 ‘‘(d) ALLOCATION.—Funds available under the Emer10 gency Management Performance Grants Program shall be

11 allocated as follows:

12 ‘‘(1) BASELINE AMOUNT.—

13 ‘‘(A) IN GENERAL.—Except as provided in

14 subparagraph (B), each State shall receive an

15 amount equal to 0.75 percent of the total funds

16 appropriated for grants under this section.

17 ‘‘(B) TERRITORIES.—American Samoa, the

18 Commonwealth of the Northern Mariana Islands,

19 Guam, and the Virgin Islands each shall receive

20 an amount equal to 0.25 percent of the amounts

21 appropriated for grants under this section.

22 ‘‘(2) PER CAPITA ALLOCATION.—The funds re23 maining for grants under this section after allocation

24 of the baseline amounts under paragraph (1) shall be
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1 allocated to each State in proportion to its popu2 lation.

3 ‘‘(3) CONSISTENCY IN ALLOCATION.—Notwith4 standing paragraphs (1) and (2), in any fiscal year

5 in which the appropriation for grants under this sec6 tion is equal to or greater than the appropriation for

7 Emergency Management Performance Grants in fiscal

8 year 2007, no State shall receive an amount under

9 this section for that fiscal year less than the amount

10 that State received in fiscal year 2007.

11 ‘‘(e) ALLOWABLE USES.—Grants awarded under this

12 section may be used to prepare for, respond to, recover from,

13 and mitigate against all hazards through—

14 ‘‘(1) any activity authorized under title VI or

15 section 201 of the Robert T. Stafford Disaster Relief

16 and Emergency Assistance Act (42 U.S.C. 5195 et

17 seq. and 5131);

18 ‘‘(2) any activity permitted under the Fiscal

19 Year 2007 Program Guidance of the Department for

20 Emergency Management Performance Grants; and

21 ‘‘(3) any other activity approved by the Admin22 istrator that will improve the emergency management

23 capacity of State, local, or tribal governments to co24 ordinate, integrate, and enhance preparedness for, re-
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1 sponse to, recovery from, or mitigation against all2 hazards.

3 ‘‘(f) COST SHARING.—

4 ‘‘(1) IN GENERAL.—Except as provided in sub5 section (i), the Federal share of the costs of an activ6 ity carried out with a grant under this section shall

7 not exceed 50 percent.

8 ‘‘(2) IN-KIND MATCHING.—Each recipient of a

9 grant under this section may meet the matching re10 quirement under paragraph (1) by making in-kind

11 contributions of goods or services that are directly

12 linked with the purpose for which the grant is made.

13 ‘‘(g) DISTRIBUTION OF FUNDS.—The Administrator

14 shall not delay distribution of grant funds to States under

15 this section solely because of delays in or timing of awards

16 of other grants administered by the Department.

17 ‘‘(h) LOCAL AND TRIBAL GOVERNMENTS.—

18 ‘‘(1) IN GENERAL.—In allocating grant funds re19 ceived under this section, a State shall take into ac20 count the needs of local and tribal governments.

21 ‘‘(2) INDIAN TRIBES.—States shall be responsible

22 for allocating grant funds received under this section

23 to tribal governments in order to help those tribal

24 communities improve their capabilities in preparing

25 for, responding to, recovering from, or mitigating
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1 against all hazards. Tribal governments shall be eligi2 ble for funding directly from the States, and shall not

3 be required to seek funding from any local govern4 ment.

5 ‘‘(i) EMERGENCY OPERATIONS CENTERS IMPROVE6 MENT PROGRAM.—

7 ‘‘(1) IN GENERAL.—The Administrator may

8 award grants to States under this section to plan for,

9 equip, upgrade, or construct all-hazards State, local,

10 or regional emergency operations centers.

11 ‘‘(2) REQUIREMENTS.—No grant awards under

12 this section (including for the activities specified

13 under this subsection) shall be used for construction

14 unless such construction occurs under terms and con15 ditions consistent with the requirements under section

16 611(j)(9) of the Robert T. Stafford Disaster Relief and

17 Emergency Assistance Act (42 U.S.C. 5196(j)(9).

18 ‘‘(3) COST SHARING.—

19 ‘‘(A) IN GENERAL.—The Federal share of

20 the costs of an activity carried out with a grant

21 under this subsection shall not exceed 75 percent.

22 ‘‘(B) IN KIND MATCHING.—Each recipient

23 of a grant for an activity under this section may

24 meet the matching requirement under subpara25 graph (A) by making in-kind contributions of
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1 goods or services that are directly linked with the

2 purpose for which the grant is made.

3 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are

4 authorized to be appropriated for grants under this

5 section—

6 ‘‘(1) for fiscal year 2007, such sums as are nec7 essary;

8 ‘‘(2) for each of fiscal years 2008, 2009, and

9 2010, $913,180,500; and

10 ‘‘(3) for fiscal year 2011, and each fiscal year

11 thereafter, such sums as are necessary.’’.

12 TITLE V—ENHANCING SECURITY

13 OF INTERNATIONAL TRAVEL

14 SEC. 501. MODERNIZATION OF THE VISA WAIVER PROGRAM.

15 (a) SHORT TITLE.—This section may be cited as the

16 ‘‘Secure Travel and Counterterrorism Partnership Act’’.

17 (b) SENSE OF CONGRESS.—It is the sense of Congress

18 that—

19 (1) the United States should modernize the visa

20 waiver program by simultaneously—

21 (A) enhancing program security require22 ments; and

23 (B) extending visa-free travel privileges to

24 nationals of foreign countries that are allies in

25 the war on terrorism; and
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1 (2) the expansion described in paragraph (1)

2 will—

3 (A) enhance bilateral cooperation on critical

4 counterterrorism and information sharing ini5 tiatives;

6 (B) support and expand tourism and busi7 ness opportunities to enhance long-term economic

8 competitiveness; and

9 (C) strengthen bilateral relationships.

10 (c) DISCRETIONARY VISA WAIVER PROGRAM EXPAN11 SION.—Section 217(c) of the Immigration and Nationality

12 Act (8 U.S.C. 1187(c)) is amended by adding at the end

13 the following:

14 ‘‘(8) NONIMMIGRANT VISA REFUSAL RATE FLEXI15 BILITY.—

16 ‘‘(A) CERTIFICATION.—On the date on

17 which an air exit system is in place that can

18 verify the departure of not less than 97 percent

19 of foreign nationals that exit through airports of

20 the United States, the Secretary of Homeland

21 Security shall certify to Congress that such air

22 exit system is in place.

23 ‘‘(B) WAIVER.—After certification by the

24 Secretary under subparagraph (A), the Secretary

25 of Homeland Security, in consultation with the
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1 Secretary of State, may waive the application of

2 paragraph (2)(A) for a country—

3 ‘‘(i) if the country meets all security

4 requirements of this section;

5 ‘‘(ii) if the Secretary of Homeland Se6 curity determines that the totality of the

7 country’s security risk mitigation measures

8 provide assurance that the country’s par9 ticipation in the program would not com10 promise the law enforcement, security inter11 ests, or enforcement of the immigration laws

12 of the United States;

13 ‘‘(iii) if there has been a sustained re14 duction in the rate of refusals for non15 immigrant visitor visas for nationals of the

16 country and conditions exist to continue

17 such reduction;

18 ‘‘(iv) the country cooperated with the

19 Government of the United States on

20 counterterrorism initiatives and informa21 tion sharing before the date of its designa22 tion as a program country, and the Sec23 retary of Homeland Security and the Sec24 retary of State expect such cooperation will

25 continue; and
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1 ‘‘(v)(I) if the rate of refusals for non2 immigrant visitor visas for nationals of the

3 country during the previous full fiscal year

4 was not more than 10 percent; or

5 ‘‘(II) if the visa overstay rate for the

6 country for the previous full fiscal year does

7 not exceed the maximum visa overstay rate,

8 once it is established under subparagraph

9 (C).

10 ‘‘(C) MAXIMUM VISA OVERSTAY RATE.—

11 ‘‘(i) REQUIREMENT TO ESTABLISH.—

12 After certification by the Secretary under

13 subparagraph (A), the Secretary of Home14 land Security and the Secretary of State

15 jointly shall use information from the air

16 exit system referred to in subparagraph (A)

17 to establish a maximum visa overstay rate

18 for countries participating in the program

19 pursuant to a waiver under subparagraph

20 (B).

21 ‘‘(ii) VISA OVERSTAY RATE DEFINED.—

22 In this paragraph the term ‘visa overstay

23 rate’ means, with respect to a country, the

24 ratio of—
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1 ‘‘(I) the total number of nationals

2 of that country who were admitted to

3 the United States on the basis of a

4 nonimmigrant visitor visa for which

5 the period of stay authorized by such

6 visa ended during a fiscal year and

7 who remained in the United States un8 lawfully beyond the such period of

9 stay; to

10 ‘‘(II) the total number of nation11 als of that country who were admitted

12 to the United States on the basis of a

13 nonimmigrant visitor visa for which

14 the period of stay authorized by such

15 visa ended during such fiscal year.

16 ‘‘(iii) REPORT AND PUBLICATION.—

17 Secretary of Homeland Security shall sub18 mit to Congress and publish in the Federal

19 Register a notice of the maximum visa over20 stay rate proposed to be established under

21 clause (i). Not less than 60 days after the

22 date such notice is submitted and published,

23 the Secretary shall issue a final maximum

24 visa overstay rate.
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1 ‘‘(9) DISCRETIONARY SECURITY-RELATED CON2 SIDERATIONS.—In determining whether to waive the

3 application of paragraph (2)(A) for a country, pursu4 ant to paragraph (8), the Secretary of Homeland Se5 curity, in consultation with the Secretary of State,

6 shall take into consideration other factors affecting the

7 security of the United States, including—

8 ‘‘(A) airport security standards in the coun9 try;

10 ‘‘(B) whether the country assists in the op11 eration of an effective air marshal program;

12 ‘‘(C) the standards of passports and travel

13 documents issued by the country; and

14 ‘‘(D) other security-related factors.’’.

15 (d) SECURITY ENHANCEMENTS TO THE VISA WAIVER

16 PROGRAM.—

17 (1) IN GENERAL.—Section 217 of the Immigra18 tion and Nationality Act (8 U.S.C. 1187) is

19 amended—

20 (A) in subsection (a)—

21 (i) by striking ‘‘Operators of aircraft’’

22 and inserting the following:

23 ‘‘(10) ELECTRONIC TRANSMISSION OF IDENTI24 FICATION INFORMATION.—Operators of aircraft’’; and

25 (ii) by adding at the end the following:
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1 ‘‘(11) ELIGIBILITY DETERMINATION UNDER THE

2 ELECTRONIC TRAVEL AUTHORIZATION SYSTEM.—Be3 ginning on the date on which the electronic travel au4 thorization system developed under subsection (h)(3)

5 is fully operational, each alien traveling under the

6 program shall, before applying for admission, elec7 tronically provide basic biographical information to

8 the system. Upon review of such biographical infor9 mation, the Secretary of Homeland Security shall de10 termine whether the alien is eligible to travel to the

11 United States under the program.’’;

12 (B) in subsection (c), as amended by sub13 section (c) of this section—

14 (i) in paragraph (2)—

15 (I) by amending subparagraph

16 (D) to read as follows:

17 ‘‘(D) REPORTING LOST AND STOLEN PASS18 PORTS.—The government of the country enters

19 into an agreement with the United States to re20 port, or make available through Interpol, to the

21 United States Government information about the

22 theft or loss of passports within a strict time

23 limit and in a manner specified in the agree24 ment.’’; and
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1 (II) by adding at the end the fol2 lowing:

3 ‘‘(E) REPATRIATION OF ALIENS.—The gov4 ernment of a country accepts for repatriation

5 any citizen, former citizen, or national against

6 whom a final executable order of removal is

7 issued not later than 3 weeks after the issuance

8 of the final order of removal. Nothing in this

9 subparagraph creates any duty for the United

10 States or any right for any alien with respect to

11 removal or release. Nothing in this subparagraph

12 gives rise to any cause of action or claim under

13 this paragraph or any other law against any of14 ficial of the United States or of any State to

15 compel the release, removal, or consideration for

16 release or removal of any alien.

17 ‘‘(F) PASSENGER INFORMATION EX18 CHANGE.—The government of the country enters

19 into an agreement with the United States to

20 share information regarding whether nationals of

21 that country traveling to the United States rep22 resent a threat to the security or welfare of the

23 United States or its citizens.’’;.

24 (ii) in paragraph (5)—
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1 (I) by striking ‘‘Attorney Gen2 eral’’ each place it appears and insert3 ing ‘‘Secretary of Homeland Security’’;

4 and

5 (II) in subparagraph (A)(i)—

6 (aa) in subclause (II), by

7 striking ‘‘and’’ at the end;

8 (bb) in subclause (III), by

9 striking the period at the end and

10 inserting ‘‘; and’’; and

11 (cc) by adding at the end the

12 following:

13 ‘‘(IV) shall submit to Congress a

14 report regarding the implementation of

15 the electronic travel authorization sys16 tem under subsection (h)(3) and the

17 participation of new countries in the

18 program through a waiver under para19 graph (8).’’; and

20 (iii) by adding at the end the fol21 lowing:

22 ‘‘(10) TECHNICAL ASSISTANCE.—The Secretary

23 of Homeland Security, in consultation with the Sec24 retary of State, shall provide technical assistance to
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1 program countries to assist those countries in meeting

2 the requirements under this section.’’;

3 (C) in subsection (d), by adding at the end

4 the following: ‘‘The Secretary of Homeland Secu5 rity may not waive any eligibility requirement

6 under this section unless the Secretary notifies

7 the appropriate congressional committees not

8 later than 30 days before the effective date of

9 such waiver.’’;

10 (D) in subsection (f)(5), by striking ‘‘of

11 blank’’ and inserting ‘‘or loss of’’; and

12 (E) in subsection (h), by adding at the end

13 the following:

14 ‘‘(3) ELECTRONIC TRAVEL AUTHORIZATION SYS15 TEM.—

16 ‘‘(A) SYSTEM.—The Secretary of Homeland

17 Security, in consultation with the Secretary of

18 State, is authorized to develop and implement a

19 fully automated electronic travel authorization

20 system (referred to in this paragraph as the

21 ‘System’) to collect such basic biographical infor22 mation as the Secretary of Homeland Security

23 determines to be necessary to determine, in ad24 vance of travel, the eligibility of an alien to trav25 el to the United States under the program.
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1 ‘‘(B) FEES.—The Secretary of Homeland

2 Security may charge a fee for the use of the Sys3 tem, which shall be—

4 ‘‘(i) set at a level that will ensure re5 covery of the full costs of providing and ad6 ministering the System; and

7 ‘‘(ii) available to pay the costs in8 curred to administer the System.

9 ‘‘(C) VALIDITY.—

10 ‘‘(i) PERIOD.—The Secretary of Home11 land Security, in consultation with the Sec12 retary of State shall prescribe regulations

13 that provide for a period, not to exceed 3

14 years, during which a determination of eli15 gibility to travel under the program will be

16 valid. Notwithstanding any other provision

17 under this section, the Secretary of Home18 land Security may revoke any such deter19 mination at any time and for any reason.

20 ‘‘(ii) LIMITATION.—A determination

21 that an alien is eligible to travel to the

22 United States under the program is not a

23 determination that the alien is admissible

24 to the United States.
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1 ‘‘(iii) JUDICIAL REVIEW.—Notwith2 standing any other provision of law, no

3 court shall have jurisdiction to review an

4 eligibility determination under the System.

5 ‘‘(D) REPORT.—Not later than 60 days be6 fore publishing notice regarding the implementa7 tion of the System in the Federal Register, the

8 Secretary of Homeland Security shall submit a

9 report regarding the implementation of the Sys10 tem to—

11 ‘‘(i) the Committee on Homeland Secu12 rity and Governmental Affairs of the Sen13 ate;

14 ‘‘(ii) the Committee on the Judiciary

15 of the Senate;

16 ‘‘(iii) the Select Committee on Intel17 ligence of the Senate;

18 ‘‘(iv) the Committee on Appropriations

19 of the Senate;

20 ‘‘(v) the Committee on Homeland Secu21 rity of the House of Representatives;

22 ‘‘(vi) the Committee on the Judiciary

23 of the House of Representatives;
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1 ‘‘(vii) the Permanent Select Committee

2 on Intelligence of the House of Representa3 tives; and

4 ‘‘(viii) the Committee on Appropria5 tions of the House of Representatives.’’.

6 (2) EFFECTIVE DATE.—Section 217(a)(11) of the

7 Immigration and Nationality Act, as added by para8 graph (1)(A)(ii) shall take effect on the date which is

9 60 days after the date on which the Secretary of

10 Homeland Security publishes notice in the Federal

11 Register of the requirement under such paragraph.

12 (e) EXIT SYSTEM.—

13 (1) IN GENERAL.—Not later than 1 year after

14 the date of enactment of this Act, the Secretary of

15 Homeland Security shall establish an exit system that

16 records the departure on a flight leaving the United

17 States of every alien participating in the visa waiver

18 program established under section 217 of the Immi19 gration and Nationality Act (8 U.S.C. 1187).

20 (2) SYSTEM REQUIREMENTS.—The system estab21 lished under paragraph (1) shall—

22 (A) match biometric information of the

23 alien against relevant watch lists and immigra24 tion information; and
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1 (B) compare such biometric information

2 against manifest information collected by air

3 carriers on passengers departing the United

4 States to confirm such individuals have departed

5 the United States.

6 (3) REPORT.—Not later than 180 days after the

7 date of enactment of this Act, the Secretary shall sub8 mit a report to Congress that describes—

9 (A) the progress made in developing and de10 ploying the exit system established under this

11 subsection; and

12 (B) the procedures by which the Secretary

13 will improve the manner of calculating the rates

14 of nonimmigrants who violate the terms of their

15 visas by remaining in the United States after the

16 expiration of such visas.

17 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

18 authorized to be appropriated such sums as may be nec19 essary to carry out this section and the amendments made

20 by this section.
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1 SEC. 502. STRENGTHENING THE CAPABILITIES OF THE

2 HUMAN SMUGGLING AND TRAFFICKING CEN3 TER.

4 (a) IN GENERAL.—Section 7202 of the Intelligence Re5 form and Terrorism Prevention Act of 2004 (8 U.S.C. 1777)

6 is amended—

7 (1) in subsection (c)(1), by striking ‘‘address’’

8 and inserting ‘‘integrate and disseminate intelligence

9 and information related to’’;

10 (2) by redesignating subsections (d) and (e) as

11 subsections (g) and (h), respectively; and

12 (3) by inserting after subsection (c) the following

13 new subsections:

14 ‘‘(d) DIRECTOR.—The Secretary of Homeland Security

15 shall nominate an official of the Government of the United

16 States to serve as the Director of the Center, in accordance

17 with the requirements of the memorandum of understanding

18 entitled the ‘Human Smuggling and Trafficking Center

19 (HSTC) Charter’.

20 ‘‘(e) STAFFING OF THE CENTER.—

21 ‘‘(1) IN GENERAL.—The Secretary of Homeland

22 Security, in cooperation with heads of other relevant

23 agencies and departments, shall ensure that the Cen24 ter is staffed with not fewer than 40 full-time equiva25 lent positions, including, as appropriate, detailees

26 from the following:
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1 ‘‘(A) The Office of Intelligence and Anal2 ysis.

3 ‘‘(B) The Transportation Security Adminis4 tration.

5 ‘‘(C) The United States Citizenship and Im6 migration Services.

7 ‘‘(D) The United States Customs and Bor8 der Protection.

9 ‘‘(E) The United States Coast Guard.

10 ‘‘(F) The United States Immigration and

11 Customs Enforcement.

12 ‘‘(G) The Central Intelligence Agency.

13 ‘‘(H) The Department of Defense.

14 ‘‘(I) The Department of the Treasury.

15 ‘‘(J) The National Counterterrorism Center.

16 ‘‘(K) The National Security Agency.

17 ‘‘(L) The Department of Justice.

18 ‘‘(M) The Department of State.

19 ‘‘(N) Any other relevant agency or depart20 ment.

21 ‘‘(2) EXPERTISE OF DETAILEES.—The Secretary

22 of Homeland Security, in cooperation with the head

23 of each agency, department, or other entity set out

24 under paragraph (1), shall ensure that the detailees

25 provided to the Center under paragraph (1) include
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1 an adequate number of personnel with experience in

2 the area of—

3 ‘‘(A) consular affairs;

4 ‘‘(B) counterterrorism;

5 ‘‘(C) criminal law enforcement;

6 ‘‘(D) intelligence analysis;

7 ‘‘(E) prevention and detection of document

8 fraud;

9 ‘‘(F) border inspection; or

10 ‘‘(G) immigration enforcement.

11 ‘‘(3) REIMBURSEMENT FOR DETAILEES.—To the

12 extent that funds are available for such purpose, the

13 Secretary of Homeland Security shall provide reim14 bursement to each agency or department that provides

15 a detailee to the Center, in such amount or propor16 tion as is appropriate for costs associated with the

17 provision of such detailee, including costs for travel

18 by, and benefits provided to, such detailee.

19 ‘‘(f) ADMINISTRATIVE SUPPORT AND FUNDING.—The

20 Secretary of Homeland Security shall provide to the Center

21 the administrative support and funding required for its

22 maintenance, including funding for personnel, leasing of of23 fice space, supplies, equipment, technology, training, and

24 travel expenses necessary for the Center to carry out its

25 functions.’’.
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1 (b) REPORT.—Subsection (g) of section 7202 of the In2 telligence Reform and Terrorism Prevention Act of 2004 (8

3 U.S.C. 1777), as redesignated by subsection (a)(2), is

4 amended—

5 (1) in the heading, by striking ‘‘REPORT’’ and

6 inserting ‘‘INITIAL REPORT’’;

7 (2) by redesignating such subsection (g) as para8 graph (1);

9 (3) by indenting such paragraph, as so des10 ignated, four ems from the left margin;

11 (4) by inserting before such paragraph, as so des12 ignated, the following:

13 ‘‘(g) REPORT.—’’; and

14 (5) by inserting after such paragraph, as so des15 ignated, the following new paragraph:

16 ‘‘(2) FOLLOW-UP REPORT.—Not later than 180

17 days after the date of enactment of the Improving

18 America’s Security Act of 2007, the President shall

19 transmit to Congress a report regarding the operation

20 of the Center and the activities carried out by the

21 Center, including a description of—

22 ‘‘(A) the roles and responsibilities of each

23 agency or department that is participating in

24 the Center;
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1 ‘‘(B) the mechanisms used to share informa2 tion among each such agency or department;

3 ‘‘(C) the staff provided to the Center by each

4 such agency or department;

5 ‘‘(D) the type of information and reports

6 being disseminated by the Center; and

7 ‘‘(E) any efforts by the Center to create a

8 centralized Federal Government database to store

9 information related to illicit travel of foreign na10 tionals, including a description of any such

11 database and of the manner in which informa12 tion utilized in such a database would be col13 lected, stored, and shared.’’.

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

15 authorized to be appropriated to the Secretary to carry out

16 section 7202 of the Intelligence Reform and Terrorism Pre17 vention Act of 2004 (8 U.S.C. 1777), as amended by this

18 section, $20,000,000 for fiscal year 2008.

19 SEC. 503. ENHANCEMENTS TO THE TERRORIST TRAVEL

20 PROGRAM.

21 Section 7215 of the Intelligence Reform and Terrorism

22 Prevention Act of 2004 (6 U.S.C. 123) is amended to read

23 as follows:
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1 ‘‘SEC. 7215. TERRORIST TRAVEL PROGRAM.

2 ‘‘(a) REQUIREMENT TO ESTABLISH.—Not later than

3 90 days after the date of enactment of the Improving Amer4 ica’s Security Act of 2007, the Secretary of Homeland Secu5 rity, in consultation with the Director of the National

6 Counterterrorism Center and consistent with the strategy

7 developed under section 7201, shall establish a program to

8 oversee the implementation of the Secretary’s responsibil9 ities with respect to terrorist travel.

10 ‘‘(b) HEAD OF THE PROGRAM.—The Secretary of

11 Homeland Security shall designate an official of the De12 partment of Homeland Security to be responsible for car13 rying out the program. Such official shall be—

14 ‘‘(1) the Assistant Secretary for Policy of the De15 partment of Homeland Security; or

16 ‘‘(2) an official appointed by the Secretary who

17 reports directly to the Secretary.

18 ‘‘(c) DUTIES.—The official designated under sub19 section (b) shall assist the Secretary of Homeland Security

20 in improving the Department’s ability to prevent terrorists

21 from entering the United States or remaining in the United

22 States undetected by—

23 ‘‘(1) developing relevant strategies and policies;

24 ‘‘(2) reviewing the effectiveness of existing pro25 grams and recommending improvements, if necessary;
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1 ‘‘(3) making recommendations on budget requests

2 and on the allocation of funding and personnel;

3 ‘‘(4) ensuring effective coordination, with respect

4 to policies, programs, planning, operations, and dis5 semination of intelligence and information related to

6 terrorist travel—

7 ‘‘(A) among appropriate subdivisions of the

8 Department of Homeland Security, as deter9 mined by the Secretary and including—

10 ‘‘(i) the United States Customs and

11 Border Protection;

12 ‘‘(ii) the United States Immigration

13 and Customs Enforcement;

14 ‘‘(iii) the United States Citizenship

15 and Immigration Services;

16 ‘‘(iv) the Transportation Security Ad17 ministration; and

18 ‘‘(v) the United States Coast Guard;

19 and

20 ‘‘(B) between the Department of Homeland

21 Security and other appropriate Federal agencies;

22 and

23 ‘‘(5) serving as the Secretary’s primary point of

24 contact with the National Counterterrorism Center for

25 implementing initiatives related to terrorist travel
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1 and ensuring that the recommendations of the Center

2 related to terrorist travel are carried out by the De3 partment.

4 ‘‘(d) REPORT.—Not later than 180 days after the date

5 of enactment of the Improving America’s Security Act of

6 2007, the Secretary of Homeland Security shall submit to

7 the Committee on Homeland Security and Governmental

8 Affairs of the Senate and the Committee on Homeland Se9 curity of the House of Representatives a report on the im10 plementation of this section.’’.

11 SEC. 504. ENHANCED DRIVER’S LICENSE.

12 Section 7209(b)(1) of the Intelligence Reform and Ter13 rorism Prevention Act of 2004 (8 U.S.C. 1185 note) is

14 amended—

15 (1) in subparagraph (B)—

16 (A) in clause (vi), by striking ‘‘and’’ at the

17 end;

18 (B) in clause (vii), by striking the period at

19 the end and inserting ‘‘; and’’; and

20 (C) by adding at the end the following:

21 ‘‘(viii) the signing of a memorandum

22 of agreement to initiate a pilot program

23 with not less than 1 State to determine if

24 an enhanced driver’s license, which is ma25 chine-readable and tamper proof, not valid
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1 for certification of citizenship for any pur2 pose other than admission into the United

3 States from Canada, and issued by such

4 State to an individual, may permit the in5 dividual to use the driver’s license to meet

6 the documentation requirements under sub7 paragraph (A) for entry into the United

8 States from Canada at the land and sea

9 ports of entry.’’; and

10 (2) by adding at the end the following:

11 ‘‘(C) REPORT.—Not later than 180 days

12 after the initiation of the pilot program de13 scribed in subparagraph (B)(viii), the Secretary

14 of Homeland Security and Secretary of State

15 shall submit to the appropriate congressional

16 committees a report, which includes—

17 ‘‘(i) an analysis of the impact of the

18 pilot program on national security;

19 ‘‘(ii) recommendations on how to ex20 pand the pilot program to other States;

21 ‘‘(iii) any appropriate statutory

22 changes to facilitate the expansion of the

23 pilot program to additional States and to

24 citizens of Canada;
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1 ‘‘(iv) a plan to scan individuals par2 ticipating in the pilot program against

3 United States terrorist watch lists; and

4 ‘‘(v) a recommendation for the type of

5 machine-readable technology that should be

6 used in enhanced driver’s licenses, based on

7 individual privacy considerations and the

8 costs and feasibility of incorporating any

9 new technology into existing driver’s li10 censes.’’.

11 SEC. 505. WESTERN HEMISPHERE TRAVEL INITIATIVE.

12 Before publishing a final rule in the Federal Register,

13 the Secretary shall conduct—

14 (1) a complete cost-benefit analysis of the West15 ern Hemisphere Travel Initiative, authorized under

16 section 7209 of the Intelligence Reform and Terrorism

17 Prevention Act of 2004 (Public Law 108–458; 8

18 U.S.C. 1185 note); and

19 (2) a study of the mechanisms by which the exe20 cution fee for a PASS Card could be reduced, consid21 ering the potential increase in the number of applica22 tions.

23 SEC. 506. MODEL PORTS-OF-ENTRY.

24 (a) IN GENERAL.—The Secretary of Homeland Secu25 rity shall—
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1 (1) establish a model ports-of-entry program for

2 the purpose of providing a more efficient and wel3 coming international arrival process in order to fa4 cilitate and promote business and tourist travel to the

5 United States, while also improving security; and

6 (2) implement the program initially at the 20

7 United States international airports with the greatest

8 average annual number of arriving foreign visitors.

9 (b) PROGRAM ELEMENTS.—The program shall

10 include—

11 (1) enhanced queue management in the Federal

12 Inspection Services area leading up to primary in13 spection;

14 (2) assistance for foreign travelers once they have

15 been admitted to the United States, in consultation,

16 as appropriate, with relevant governmental and non17 governmental entities; and

18 (3) instructional videos, in English and such

19 other languages as the Secretary determines appro20 priate, in the Federal Inspection Services area that

21 explain the United States inspection process and fea22 ture national, regional, or local welcome videos.

23 (c) ADDITIONAL CUSTOMS AND BORDER PROTECTION

24 OFFICERS FOR HIGH VOLUME PORTS.—Subject to the

25 availability of appropriations, before the end of fiscal year
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1 2008 the Secretary of Homeland Security shall employ not

2 less than an additional 200 Customs and Border Protection

3 officers to address staff shortages at the 20 United States

4 international airports with the highest average number of

5 foreign visitors arriving annually.

6 TITLE VI—PRIVACY AND CIVIL

7 LIBERTIES MATTERS

8 SEC. 601. MODIFICATION OF AUTHORITIES RELATING TO

9 PRIVACY AND CIVIL LIBERTIES OVERSIGHT

10 BOARD.

11 (a) MODIFICATION OF AUTHORITIES.—Section 1061 of

12 the National Security Intelligence Reform Act of 2004 (title

13 I of Public Law 108–458; 5 U.S.C. 601 note) is amended

14 to read as follows:

15 ‘‘SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT

16 BOARD.

17 ‘‘(a) IN GENERAL.—There is established within the

18 Executive Office of the President a Privacy and Civil Lib19 erties Oversight Board (referred to in this section as the

20 ‘Board’).

21 ‘‘(b) FINDINGS.—Consistent with the report of the Na22 tional Commission on Terrorist Attacks Upon the United

23 States, Congress makes the following findings:
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1 ‘‘(1) In conducting the war on terrorism, the

2 Government may need additional powers and may

3 need to enhance the use of its existing powers.

4 ‘‘(2) This shift of power and authority to the

5 Government calls for an enhanced system of checks

6 and balances to protect the precious liberties that are

7 vital to our way of life and to ensure that the Govern8 ment uses its powers for the purposes for which the

9 powers were given.

10 ‘‘(c) PURPOSE.—The Board shall—

11 ‘‘(1) analyze and review actions the executive

12 branch takes to protect the Nation from terrorism, en13 suring that the need for such actions is balanced with

14 the need to protect privacy and civil liberties; and

15 ‘‘(2) ensure that liberty concerns are appro16 priately considered in the development and imple17 mentation of laws, regulations, and policies related to

18 efforts to protect the Nation against terrorism.

19 ‘‘(d) FUNCTIONS.—

20 ‘‘(1) ADVICE AND COUNSEL ON POLICY DEVELOP21 MENT AND IMPLEMENTATION.—The Board shall—

22 ‘‘(A) review proposed legislation, regula23 tions, and policies related to efforts to protect the

24 Nation from terrorism, including the develop25 ment and adoption of information sharing
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1 guidelines under subsections (d) and (f) of sec2 tion 1016;

3 ‘‘(B) review the implementation of new and

4 existing legislation, regulations, and policies re5 lated to efforts to protect the Nation from ter6 rorism, including the implementation of infor7 mation sharing guidelines under subsections (d)

8 and (f) of section 1016;

9 ‘‘(C) advise the President and the depart10 ments, agencies, and elements of the executive

11 branch to ensure that privacy and civil liberties

12 are appropriately considered in the development

13 and implementation of such legislation, regula14 tions, policies, and guidelines; and

15 ‘‘(D) in providing advice on proposals to

16 retain or enhance a particular governmental

17 power, consider whether the department, agency,

18 or element of the executive branch has

19 established—

20 ‘‘(i) that the need for the power is bal21 anced with the need to protect privacy and

22 civil liberties;

23 ‘‘(ii) that there is adequate supervision

24 of the use by the executive branch of the
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1 power to ensure protection of privacy and

2 civil liberties; and

3 ‘‘(iii) that there are adequate guide4 lines and oversight to properly confine its

5 use.

6 ‘‘(2) OVERSIGHT.—The Board shall continually

7 review—

8 ‘‘(A) the regulations, policies, and proce9 dures, and the implementation of the regulations,

10 policies, and procedures, of the departments,

11 agencies, and elements of the executive branch to

12 ensure that privacy and civil liberties are pro13 tected;

14 ‘‘(B) the information sharing practices of

15 the departments, agencies, and elements of the

16 executive branch to determine whether they ap17 propriately protect privacy and civil liberties

18 and adhere to the information sharing guidelines

19 issued or developed under subsections (d) and (f)

20 of section 1016 and to other governing laws, reg21 ulations, and policies regarding privacy and

22 civil liberties; and

23 ‘‘(C) other actions by the executive branch

24 related to efforts to protect the Nation from ter25 rorism to determine whether such actions—
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1 ‘‘(i) appropriately protect privacy and

2 civil liberties; and

3 ‘‘(ii) are consistent with governing

4 laws, regulations, and policies regarding

5 privacy and civil liberties.

6 ‘‘(3) RELATIONSHIP WITH PRIVACY AND CIVIL

7 LIBERTIES OFFICERS.—The Board shall—

8 ‘‘(A) review and assess reports and other in9 formation from privacy officers and civil lib10 erties officers under section 1062;

11 ‘‘(B) when appropriate, make recommenda12 tions to such privacy officers and civil liberties

13 officers regarding their activities; and

14 ‘‘(C) when appropriate, coordinate the ac15 tivities of such privacy officers and civil liberties

16 officers on relevant interagency matters.

17 ‘‘(4) TESTIMONY.—The members of the Board

18 shall appear and testify before Congress upon request.

19 ‘‘(e) REPORTS.—

20 ‘‘(1) IN GENERALThe Board shall—

21 ‘‘(A) receive and review reports from pri22 vacy officers and civil liberties officers under sec23 tion 1062; and

24 ‘‘(B) periodically submit, not less than

25 semiannually, reports—
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1 ‘‘(i)(I) to the appropriate committees

2 of Congress, including the Committee on the

3 Judiciary of the Senate, the Committee on

4 the Judiciary of the House of Representa5 tives, the Committee on Homeland Security

6 and Governmental Affairs of the Senate, the

7 Committee on Oversight and Government

8 Reform of the House of Representatives, the

9 Select Committee on Intelligence of the Sen10 ate, and the Permanent Select Committee

11 on Intelligence of the House of Representa12 tives; and

13 ‘‘(II) to the President; and

14 ‘‘(ii) which shall be in unclassified

15 form to the greatest extent possible, with a

16 classified annex where necessary.

17 ‘‘(2) CONTENTS.—Not less than 2 reports sub18 mitted each year under paragraph (1)(B) shall

19 include—

20 ‘‘(A) a description of the major activities of

21 the Board during the preceding period;

22 ‘‘(B) information on the findings, conclu23 sions, and recommendations of the Board result24 ing from its advice and oversight functions

25 under subsection (d);
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1 ‘‘(C) the minority views on any findings,

2 conclusions, and recommendations of the Board

3 resulting from its advice and oversight functions

4 under subsection (d);

5 ‘‘(D) each proposal reviewed by the Board

6 under subsection (d)(1) that—

7 ‘‘(i) the Board advised against imple8 mentation; and

9 ‘‘(ii) notwithstanding such advice, ac10 tions were taken to implement; and

11 ‘‘(E) for the preceding period, any requests

12 submitted under subsection (g)(1)(D) for the

13 issuance of subpoenas that were modified or de14 nied by the Attorney General.

15 ‘‘(f) INFORMING THE PUBLIC.—The Board shall—

16 ‘‘(1) make its reports, including its reports to

17 Congress, available to the public to the greatest extent

18 that is consistent with the protection of classified in19 formation and applicable law; and

20 ‘‘(2) hold public hearings and otherwise inform

21 the public of its activities, as appropriate and in a

22 manner consistent with the protection of classified in23 formation and applicable law.

24 ‘‘(g) ACCESS TO INFORMATION.—
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1 ‘‘(1) AUTHORIZATION.—If determined by the

2 Board to be necessary to carry out its responsibilities

3 under this section, the Board is authorized to—

4 ‘‘(A) have access from any department,

5 agency, or element of the executive branch, or

6 any Federal officer or employee, to all relevant

7 records, reports, audits, reviews, documents, pa8 pers, recommendations, or other relevant mate9 rial, including classified information consistent

10 with applicable law;

11 ‘‘(B) interview, take statements from, or

12 take public testimony from personnel of any de13 partment, agency, or element of the executive

14 branch, or any Federal officer or employee;

15 ‘‘(C) request information or assistance from

16 any State, tribal, or local government; and

17 ‘‘(D) at the direction of a majority of the

18 members of the Board, submit a written request

19 to the Attorney General of the United States that

20 the Attorney General require, by subpoena, per21 sons (other than departments, agencies, and ele22 ments of the executive branch) to produce any

23 relevant information, documents, reports, an24 swers, records, accounts, papers, and other docu25 mentary or testimonial evidence.
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1 ‘‘(2) REVIEW OF SUBPOENA REQUEST.—

2 ‘‘(A) IN GENERAL.—Not later than 30 days

3 after the date of receipt of a request by the Board

4 under paragraph (1)(D), the Attorney General

5 shall—

6 ‘‘(i) issue the subpoena as requested; or

7 ‘‘(ii) provide the Board, in writing,

8 with an explanation of the grounds on

9 which the subpoena request has been modi10 fied or denied.

11 ‘‘(B) NOTIFICATION.—If a subpoena request

12 is modified or denied under subparagraph

13 (A)(ii), the Attorney General shall, not later

14 than 30 days after the date of that modification

15 or denial, notify the Committee on the Judiciary

16 of the Senate and the Committee on the Judici17 ary of the House of Representatives.

18 ‘‘(3) ENFORCEMENT OF SUBPOENA.—In the case

19 of contumacy or failure to obey a subpoena issued

20 pursuant to paragraph (1)(D), the United States dis21 trict court for the judicial district in which the sub22 poenaed person resides, is served, or may be found

23 may issue an order requiring such person to produce

24 the evidence required by such subpoena.
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1 ‘‘(4) AGENCY COOPERATION.—Whenever informa2 tion or assistance requested under subparagraph (A)

3 or (B) of paragraph (1) is, in the judgment of the

4 Board, unreasonably refused or not provided, the

5 Board shall report the circumstances to the head of

6 the department, agency, or element concerned without

7 delay. The head of the department, agency, or element

8 concerned shall ensure that the Board is given access

9 to the information, assistance, material, or personnel

10 the Board determines to be necessary to carry out its

11 functions.

12 ‘‘(h) MEMBERSHIP.—

13 ‘‘(1) MEMBERS.—The Board shall be composed of

14 a full-time chairman and 4 additional members, who

15 shall be appointed by the President, by and with the

16 advice and consent of the Senate.

17 ‘‘(2) QUALIFICATIONS.—Members of the Board

18 shall be selected solely on the basis of their profes19 sional qualifications, achievements, public stature, ex20 pertise in civil liberties and privacy, and relevant ex21 perience, and without regard to political affiliation,

22 but in no event shall more than 3 members of the

23 Board be members of the same political party.

24 ‘‘(3) INCOMPATIBLE OFFICE.—An individual ap25 pointed to the Board may not, while serving on the
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1 Board, be an elected official, officer, or employee of

2 the Federal Government, other than in the capacity

3 as a member of the Board.

4 ‘‘(4) TERM.—Each member of the Board shall

5 serve a term of 6 years, except that—

6 ‘‘(A) a member appointed to a term of office

7 after the commencement of such term may serve

8 under such appointment only for the remainder

9 of such term;

10 ‘‘(B) upon the expiration of the term of of11 fice of a member, the member shall continue to

12 serve until the member’s successor has been ap13 pointed and qualified, except that no member

14 may serve under this subparagraph—

15 ‘‘(i) for more than 60 days when Con16 gress is in session unless a nomination to

17 fill the vacancy shall have been submitted to

18 the Senate; or

19 ‘‘(ii) after the adjournment sine die of

20 the session of the Senate in which such

21 nomination is submitted; and

22 ‘‘(C) the members first appointed under this

23 subsection after the date of enactment of the Im24 proving America’s Security Act of 2007 shall

25 serve terms of two, three, four, five, and six
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1 years, respectively, with the term of each such

2 member to be designated by the President.

3 ‘‘(5) QUORUM AND MEETINGS.—After its initial

4 meeting, the Board shall meet upon the call of the

5 chairman or a majority of its members. Three mem6 bers of the Board shall constitute a quorum.

7 ‘‘(i) COMPENSATION AND TRAVEL EXPENSES.—

8 ‘‘(1) COMPENSATION.—

9 ‘‘(A) CHAIRMAN.—The chairman of the

10 Board shall be compensated at the rate of pay

11 payable for a position at level III of the Execu12 tive Schedule under section 5314 of title 5,

13 United States Code.

14 ‘‘(B) MEMBERS.—Each member of the

15 Board shall be compensated at a rate of pay

16 payable for a position at level IV of the Execu17 tive Schedule under section 5315 of title 5,

18 United States Code, for each day during which

19 that member is engaged in the actual perform20 ance of the duties of the Board.

21 ‘‘(2) TRAVEL EXPENSES.—Members of the Board

22 shall be allowed travel expenses, including per diem

23 in lieu of subsistence, at rates authorized for persons

24 employed intermittently by the Government under

25 section 5703(b) of title 5, United States Code, while
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1 away from their homes or regular places of business

2 in the performance of services for the Board.

3 ‘‘(j) STAFF.—

4 ‘‘(1) APPOINTMENT AND COMPENSATION.—The

5 chairman of the Board, in accordance with rules

6 agreed upon by the Board, shall appoint and fix the

7 compensation of a full-time executive director and

8 such other personnel as may be necessary to enable

9 the Board to carry out its functions, without regard

10 to the provisions of title 5, United States Code, gov11 erning appointments in the competitive service, and

12 without regard to the provisions of chapter 51 and

13 subchapter III of chapter 53 of such title relating to

14 classification and General Schedule pay rates, except

15 that no rate of pay fixed under this subsection may

16 exceed the equivalent of that payable for a position at

17 level V of the Executive Schedule under section 5316

18 of title 5, United States Code.

19 ‘‘(2) DETAILEES.—Any Federal employee may

20 be detailed to the Board without reimbursement from

21 the Board, and such detailee shall retain the rights,

22 status, and privileges of the detailee’s regular employ23 ment without interruption.

24 ‘‘(3) CONSULTANT SERVICES.—The Board may

25 procure the temporary or intermittent services of ex-
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1 perts and consultants in accordance with section 3109

2 of title 5, United States Code, at rates that do not ex3 ceed the daily rate paid a person occupying a posi4 tion at level IV of the Executive Schedule under sec5 tion 5315 of such title.

6 ‘‘(k) SECURITY CLEARANCES.—The appropriate de7 partments, agencies, and elements of the executive branch

8 shall cooperate with the Board to expeditiously provide the

9 Board members and staff with appropriate security clear10 ances to the extent possible under existing procedures and

11 requirements.

12 ‘‘(l) TREATMENT AS AGENCY, NOT AS ADVISORY COM13 MITTEE.—The Board—

14 ‘‘(1) is an agency (as defined in section 551(1)

15 of title 5, United States Code); and

16 ‘‘(2) is not an advisory committee (as defined in

17 section 3(2) of the Federal Advisory Committee Act (5

18 U.S.C. App.)).

19 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to carry out this section

21 amounts as follows:

22 ‘‘(1) For fiscal year 2008, $5,000,000.

23 ‘‘(2) For fiscal year 2009, $6,650,000.

24 ‘‘(3) For fiscal year 2010, $8,300,000.

25 ‘‘(4) For fiscal year 2011, $10,000,000.
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1 ‘‘(5) For fiscal year 2012, and each fiscal year

2 thereafter, such sums as may be necessary.’’.

3 (b) CONTINUATION OF SERVICE OF CURRENT MEM4 BERS OF PRIVACY AND CIVIL LIBERTIES BOARD.—The

5 members of the Privacy and Civil Liberties Oversight Board

6 as of the date of enactment of this Act may continue to

7 serve as members of that Board after that date, and to carry

8 out the functions and exercise the powers of that Board as

9 specified in section 1061 of the National Security Intel10 ligence Reform Act of 2004 (as amended by subsection (a)),

11 until—

12 (1) in the case of any individual serving as a

13 member of the Board under an appointment by the

14 President, by and with the advice and consent of the

15 Senate, the expiration of a term designated by the

16 President under section 1061(h)(4)(C) of such Act (as

17 so amended);

18 (2) in the case of any individual serving as a

19 member of the Board other than under an appoint20 ment by the President, by and with the advice and

21 consent of the Senate, the confirmation or rejection by

22 the Senate of that member’s nomination to the Board

23 under such section 1061 (as so amended), except that

24 no such individual may serve as a member under this

25 paragraph—
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1 (A) for more than 60 days when Congress is

2 in session unless a nomination of that indi3 vidual to be a member of the Board has been

4 submitted to the Senate; or

5 (B) after the adjournment sine die of the

6 session of the Senate in which such nomination

7 is submitted; or

8 (3) the appointment of members of the Board

9 under such section 1061 (as so amended), except that

10 no member may serve under this paragraph—

11 (A) for more than 60 days when Congress is

12 in session unless a nomination to fill the posi13 tion on the Board shall have been submitted to

14 the Senate; or

15 (B) after the adjournment sine die of the

16 session of the Senate in which such nomination

17 is submitted.

18 SEC. 602. PRIVACY AND CIVIL LIBERTIES OFFICERS.

19 (a) IN GENERAL.—Section 1062 of the National Secu20 rity Intelligence Reform Act of 2004 (title I of Public Law

21 108–458; 118 Stat. 3688) is amended to read as follows:

22 ‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

23 ‘‘(a) DESIGNATION AND FUNCTIONS.—The Attorney

24 General, the Secretary of Defense, the Secretary of State,

25 the Secretary of the Treasury, the Secretary of Health and
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1 Human Services, the Secretary of Homeland Security, the

2 Director of National Intelligence, the Director of the Central

3 Intelligence Agency, and the head of any other department,

4 agency, or element of the executive branch designated by

5 the Privacy and Civil Liberties Oversight Board under sec6 tion 1061 to be appropriate for coverage under this section

7 shall designate not less than 1 senior officer to—

8 ‘‘(1) assist the head of such department, agency,

9 or element and other officials of such department,

10 agency, or element in appropriately considering pri11 vacy and civil liberties concerns when such officials

12 are proposing, developing, or implementing laws, reg13 ulations, policies, procedures, or guidelines related to

14 efforts to protect the Nation against terrorism;

15 ‘‘(2) periodically investigate and review depart16 ment, agency, or element actions, policies, procedures,

17 guidelines, and related laws and their implementa18 tion to ensure that such department, agency, or ele19 ment is adequately considering privacy and civil lib20 erties in its actions;

21 ‘‘(3) ensure that such department, agency, or ele22 ment has adequate procedures to receive, investigate,

23 respond to, and redress complaints from individuals

24 who allege such department, agency, or element has

25 violated their privacy or civil liberties; and
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1 ‘‘(4) in providing advice on proposals to retain

2 or enhance a particular governmental power the offi3 cer shall consider whether such department, agency,

4 or element has established—

5 ‘‘(A) that the need for the power is balanced

6 with the need to protect privacy and civil lib7 erties;

8 ‘‘(B) that there is adequate supervision of

9 the use by such department, agency, or element

10 of the power to ensure protection of privacy and

11 civil liberties; and

12 ‘‘(C) that there are adequate guidelines and

13 oversight to properly confine its use.

14 ‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.—

15 ‘‘(1) PRIVACY OFFICERS.—In any department,

16 agency, or element referred to in subsection (a) or des17 ignated by the Privacy and Civil Liberties Oversight

18 Board, which has a statutorily created privacy officer,

19 such officer shall perform the functions specified in

20 subsection (a) with respect to privacy.

21 ‘‘(2) CIVIL LIBERTIES OFFICERS.—In any de22 partment, agency, or element referred to in subsection

23 (a) or designated by the Board, which has a statu24 torily created civil liberties officer, such officer shall
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1 perform the functions specified in subsection (a) with

2 respect to civil liberties.

3 ‘‘(c) SUPERVISION AND COORDINATION.—Each pri4 vacy officer or civil liberties officer described in subsection

5 (a) or (b) shall—

6 ‘‘(1) report directly to the head of the depart7 ment, agency, or element concerned; and

8 ‘‘(2) coordinate their activities with the Inspector

9 General of such department, agency, or element to

10 avoid duplication of effort.

11 ‘‘(d) AGENCY COOPERATION.—The head of each de12 partment, agency, or element shall ensure that each privacy

13 officer and civil liberties officer—

14 ‘‘(1) has the information, material, and resources

15 necessary to fulfill the functions of such officer;

16 ‘‘(2) is advised of proposed policy changes;

17 ‘‘(3) is consulted by decision makers; and

18 ‘‘(4) is given access to material and personnel

19 the officer determines to be necessary to carry out the

20 functions of such officer.

21 ‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No action

22 constituting a reprisal, or threat of reprisal, for making a

23 complaint or for disclosing information to a privacy officer

24 or civil liberties officer described in subsection (a) or (b),

25 or to the Privacy and Civil Liberties Oversight Board, that
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1 indicates a possible violation of privacy protections or civil

2 liberties in the administration of the programs and oper3 ations of the Federal Government relating to efforts to pro4 tect the Nation from terrorism shall be taken by any Federal

5 employee in a position to take such action, unless the com6 plaint was made or the information was disclosed with the

7 knowledge that it was false or with willful disregard for

8 its truth or falsity.

9 ‘‘(f) PERIODIC REPORTS.—

10 ‘‘(1) IN GENERAL.—The privacy officers and

11 civil liberties officers of each department, agency, or

12 element referred to or described in subsection (a) or

13 (b) shall periodically, but not less than quarterly, sub14 mit a report on the activities of such officers—

15 ‘‘(A)(i) to the appropriate committees of

16 Congress, including the Committee on the Judici17 ary of the Senate, the Committee on the Judici18 ary of the House of Representatives, the Com19 mittee on Homeland Security and Governmental

20 Affairs of the Senate, the Committee on Over21 sight and Government Reform of the House of

22 Representatives, the Select Committee on Intel23 ligence of the Senate, and the Permanent Select

24 Committee on Intelligence of the House of Rep25 resentatives;
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1 ‘‘(ii) to the head of such department, agen2 cy, or element; and

3 ‘‘(iii) to the Privacy and Civil Liberties

4 Oversight Board; and

5 ‘‘(B) which shall be in unclassified form to

6 the greatest extent possible, with a classified

7 annex where necessary.

8 ‘‘(2) CONTENTS.—Each report submitted under

9 paragraph (1) shall include information on the dis10 charge of each of the functions of the officer concerned,

11 including—

12 ‘‘(A) information on the number and types

13 of reviews undertaken;

14 ‘‘(B) the type of advice provided and the re15 sponse given to such advice;

16 ‘‘(C) the number and nature of the com17 plaints received by the department, agency, or

18 element concerned for alleged violations; and

19 ‘‘(D) a summary of the disposition of such

20 complaints, the reviews and inquiries conducted,

21 and the impact of the activities of such officer.

22 ‘‘(g) INFORMING THE PUBLIC.—Each privacy officer

23 and civil liberties officer shall—

24 ‘‘(1) make the reports of such officer, including

25 reports to Congress, available to the public to the
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1 greatest extent that is consistent with the protection

2 of classified information and applicable law; and

3 ‘‘(2) otherwise inform the public of the activities

4 of such officer, as appropriate and in a manner con5 sistent with the protection of classified information

6 and applicable law.

7 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall

8 be construed to limit or otherwise supplant any other au9 thorities or responsibilities provided by law to privacy offi10 cers or civil liberties officers.’’.

11 (b) CLERICAL AMENDMENT.—The table of contents for

12 the Intelligence Reform and Terrorism Prevention Act of

13 2004 (Public Law 108–458) is amended by striking the

14 item relating to section 1062 and inserting the following

15 new item:

‘‘Sec. 1062. Privacy and civil liberties officers.’’.

16 SEC. 603. DEPARTMENT PRIVACY OFFICER.

17 Section 222 of the Homeland Security Act of 2002 (6

18 U.S.C. 142) is amended—

19 (1) by inserting ‘‘(a) APPOINTMENT AND RE20 SPONSIBILITIES.—’’ before ‘‘The Secretary’’; and

21 (2) by adding at the end the following:

22 ‘‘(b) AUTHORITY TO INVESTIGATE.—

23 ‘‘(1) IN GENERAL.—The senior official appointed

24 under subsection (a) may—
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1 ‘‘(A) have access to all records, reports, au2 dits, reviews, documents, papers, recommenda3 tions, and other materials available to the De4 partment that relate to programs and operations

5 with respect to the responsibilities of the senior

6 official under this section;

7 ‘‘(B) make such investigations and reports

8 relating to the administration of the programs

9 and operations of the Department that are nec10 essary or desirable as determined by that senior

11 official;

12 ‘‘(C) subject to the approval of the Sec13 retary, require by subpoena the production, by

14 any person other than a Federal agency, of all

15 information, documents, reports, answers,

16 records, accounts, papers, and other data and

17 documentary evidence necessary to performance

18 of the responsibilities of the senior official under

19 this section; and

20 ‘‘(D) administer to or take from any person

21 an oath, affirmation, or affidavit, whenever nec22 essary to performance of the responsibilities of

23 the senior official under this section.

24 ‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any sub25 poena issued under paragraph (1)(C) shall, in the
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1 case of contumacy or refusal to obey, be enforceable by

2 order of any appropriate United States district court.

3 ‘‘(3) EFFECT OF OATHS.—Any oath, affirmation,

4 or affidavit administered or taken under paragraph

5 (1)(D) by or before an employee of the Privacy Office

6 designated for that purpose by the senior official ap7 pointed under subsection (a) shall have the same force

8 and effect as if administered or taken by or before an

9 officer having a seal of office.

10 ‘‘(c) SUPERVISION AND COORDINATION.—

11 ‘‘(1) IN GENERAL.—The senior official appointed

12 under subsection (a) shall—

13 ‘‘(A) report to, and be under the general su14 pervision of, the Secretary; and

15 ‘‘(B) coordinate activities with the Inspector

16 General of the Department in order to avoid du17 plication of effort.

18 ‘‘(2) NOTIFICATION TO CONGRESS ON RE19 MOVAL.—If the Secretary removes the senior official

20 appointed under subsection (a) or transfers that sen21 ior official to another position or location within the

22 Department, the Secretary shall—

23 ‘‘(A) promptly submit a written notifica24 tion of the removal or transfer to Houses of Con25 gress; and
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1 ‘‘(B) include in any such notification the

2 reasons for the removal or transfer.

3 ‘‘(d) REPORTS BY SENIOR OFFICIAL TO CONGRESS.—

4 The senior official appointed under subsection (a) shall—

5 ‘‘(1) submit reports directly to the Congress re6 garding performance of the responsibilities of the sen7 ior official under this section, without any prior com8 ment or amendment by the Secretary, Deputy Sec9 retary, or any other officer or employee of the Depart10 ment or the Office of Management and Budget; and

11 ‘‘(2) inform the Committee on Homeland Secu12 rity and Governmental Affairs of the Senate and the

13 Committee on Homeland Security of the House of

14 Representatives not later than—

15 ‘‘(A) 30 days after the Secretary dis16 approves the senior official’s request for a sub17 poena under subsection (b)(1)(C) or the Sec18 retary substantively modifies the requested sub19 poena; or

20 ‘‘(B) 45 days after the senior official’s re21 quest for a subpoena under subsection (b)(1)(C),

22 if that subpoena has not either been approved or

23 disapproved by the Secretary.’’.
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1 SEC. 604. FEDERAL AGENCY DATA MINING REPORTING ACT

2 OF 2007.

3 (a) SHORT TITLE.—This section may be cited as the

4 ‘‘Federal Agency Data Mining Reporting Act of 2007’’.

5 (b) DEFINITIONS.—In this section:

6 (1) DATA MINING.—The term ‘‘data mining’’

7 means a program involving pattern-based queries,

8 searches, or other analyses of 1 or more electronic

9 databases, where—

10 (A) a department or agency of the Federal

11 Government, or a non-Federal entity acting on

12 behalf of the Federal Government, is conducting

13 the queries, searches, or other analyses to dis14 cover or locate a predictive pattern or anomaly

15 indicative of terrorist or criminal activity on the

16 part of any individual or individuals;

17 (B) the queries, searches, or other analyses

18 are not subject-based and do not use personal

19 identifiers of a specific individual, or inputs as20 sociated with a specific individual or group of

21 individuals, to retrieve information from the

22 database or databases; and

23 (C) the purpose of the queries, searches, or

24 other analyses is not solely—
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1 (i) the detection of fraud, waste, or

2 abuse in a Government agency or program;

3 or

4 (ii) the security of a Government com5 puter system.

6 (2) DATABASE.—The term ‘‘database’’ does not

7 include telephone directories, news reporting, infor8 mation publicly available to any member of the pub9 lic without payment of a fee, or databases of judicial

10 and administrative opinions or other legal research

11 sources.

12 (c) REPORTS ON DATA MINING ACTIVITIES BY FED13 ERAL AGENCIES.—

14 (1) IN GENERAL.—Subsection (d) of this section

15 shall have no force or effect.

16 (2) REPORTS.—

17 (A) REQUIREMENT FOR REPORT.—The head

18 of each department or agency of the Federal Gov19 ernment that is engaged in any activity to use

20 or develop data mining shall submit a report to

21 Congress on all such activities of the department

22 or agency under the jurisdiction of that official.

23 The report shall be produced in coordination

24 with the privacy officer of that department or

25 agency, if applicable, and shall be made avail-
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1 able to the public, except for an annex described

2 in subparagraph (C).

3 (B) CONTENT OF REPORT.—Each report

4 submitted under subparagraph (A) shall include,

5 for each activity to use or develop data mining,

6 the following information:

7 (i) A thorough description of the data

8 mining activity, its goals, and, where ap9 propriate, the target dates for the deploy10 ment of the data mining activity.

11 (ii) A thorough description of the data

12 mining technology that is being used or will

13 be used, including the basis for determining

14 whether a particular pattern or anomaly is

15 indicative of terrorist or criminal activity.

16 (iii) A thorough description of the data

17 sources that are being or will be used.

18 (iv) An assessment of the efficacy or

19 likely efficacy of the data mining activity

20 in providing accurate information con21 sistent with and valuable to the stated goals

22 and plans for the use or development of the

23 data mining activity.

24 (v) An assessment of the impact or

25 likely impact of the implementation of the
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1 data mining activity on the privacy and

2 civil liberties of individuals, including a

3 thorough description of the actions that are

4 being taken or will be taken with regard to

5 the property, privacy, or other rights or

6 privileges of any individual or individuals

7 as a result of the implementation of the

8 data mining activity.

9 (vi) A list and analysis of the laws

10 and regulations that govern the information

11 being or to be collected, reviewed, gathered,

12 analyzed, or used in conjunction with the

13 data mining activity, to the extent applica14 ble in the context of the data mining activ15 ity.

16 (vii) A thorough discussion of the poli17 cies, procedures, and guidelines that are in

18 place or that are to be developed and ap19 plied in the use of such data mining activ20 ity in order to—

21 (I) protect the privacy and due

22 process rights of individuals, such as

23 redress procedures; and

24 (II) ensure that only accurate and

25 complete information is collected, re-
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1 viewed, gathered, analyzed, or used,

2 and guard against any harmful con3 sequences of potential inaccuracies.

4 (C) ANNEX.—

5 (i) IN GENERAL.—A report under sub6 paragraph (A) shall include in an annex

7 any necessary—

8 (I) classified information;

9 (II) law enforcement sensitive in10 formation;

11 (III) proprietary business infor12 mation; or

13 (IV) trade secrets (as that term is

14 defined in section 1839 of title 18,

15 United States Code).

16 (ii) AVAILABILITY.—Any annex de17 scribed in clause (i)—

18 (I) shall be available, as appro19 priate, and consistent with the Na20 tional Security Act of 1947 (50 U.S.C.

21 401 et seq.), to the Committee on

22 Homeland Security and Governmental

23 Affairs, the Committee on the Judici24 ary, the Select Committee on Intel25 ligence, the Committee on Appropria-
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1 tions, and the Committee on Banking,

2 Housing, and Urban Affairs of the

3 Senate and the Committee on Home4 land Security, the Committee on the

5 Judiciary, the Permanent Select Com6 mittee on Intelligence, the Committee

7 on Appropriations, and the Committee

8 on Financial Services of the House of

9 Representatives; and

10 (II) shall not be made available to

11 the public.

12 (D) TIME FOR REPORT.—Each report re13 quired under subparagraph (A) shall be—

14 (i) submitted not later than 180 days

15 after the date of enactment of this Act; and

16 (ii) updated not less frequently than

17 annually thereafter, to include any activity

18 to use or develop data mining engaged in

19 after the date of the prior report submitted

20 under subparagraph (A).

21 (d) REPORTS ON DATA MINING ACTIVITIES BY FED22 ERAL AGENCIES.—

23 (1) REQUIREMENT FOR REPORT.—The head of

24 each department or agency of the Federal Government

25 that is engaged in any activity to use or develop data
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1 mining shall submit a report to Congress on all such

2 activities of the department or agency under the juris3 diction of that official. The report shall be made

4 available to the public, except for a classified annex

5 described paragraph (2)(H).

6 (2) CONTENT OF REPORT.—Each report sub7 mitted under paragraph (1) shall include, for each ac8 tivity to use or develop data mining, the following in9 formation:

10 (A) A thorough description of the data min11 ing activity, its goals, and, where appropriate,

12 the target dates for the deployment of the data

13 mining activity.

14 (B) A thorough description, without reveal15 ing existing patents, proprietary business proc16 esses, trade secrets, and intelligence sources and

17 methods, of the data mining technology that is

18 being used or will be used, including the basis

19 for determining whether a particular pattern or

20 anomaly is indicative of terrorist or criminal ac21 tivity.

22 (C) A thorough description of the data

23 sources that are being or will be used.

24 (D) An assessment of the efficacy or likely

25 efficacy of the data mining activity in providing
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1 accurate information consistent with and valu2 able to the stated goals and plans for the use or

3 development of the data mining activity.

4 (E) An assessment of the impact or likely

5 impact of the implementation of the data mining

6 activity on the privacy and civil liberties of in7 dividuals, including a thorough description of

8 the actions that are being taken or will be taken

9 with regard to the property, privacy, or other

10 rights or privileges of any individual or individ11 uals as a result of the implementation of the

12 data mining activity.

13 (F) A list and analysis of the laws and reg14 ulations that govern the information being or to

15 be collected, reviewed, gathered, analyzed, or used

16 with the data mining activity.

17 (G) A thorough discussion of the policies,

18 procedures, and guidelines that are in place or

19 that are to be developed and applied in the use

20 of such technology for data mining in order to—

21 (i) protect the privacy and due process

22 rights of individuals, such as redress proce23 dures; and
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1 (ii) ensure that only accurate informa2 tion is collected, reviewed, gathered, ana3 lyzed, or used.

4 (H) Any necessary classified information in

5 an annex that shall be available, as appropriate,

6 to the Committee on Homeland Security and

7 Governmental Affairs, the Committee on the Ju8 diciary, the Select Committee on Intelligence,

9 and the Committee on Appropriations of the

10 Senate and the Committee on Homeland Secu11 rity, the Committee on the Judiciary, the Perma12 nent Select Committee on Intelligence, and the

13 Committee on Appropriations of the House of

14 Representatives.

15 (3) TIME FOR REPORT.—Each report required

16 under paragraph (1) shall be—

17 (A) submitted not later than 180 days after

18 the date of enactment of this Act; and

19 (B) updated not less frequently than annu20 ally thereafter, to include any activity to use or

21 develop data mining engaged in after the date of

22 the prior report submitted under paragraph (1).
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1 TITLE VII—ENHANCED DE2 FENSES AGAINST WEAPONS

3 OF MASS DESTRUCTION

4 SEC. 701. NATIONAL BIOSURVEILLANCE INTEGRATION CEN5 TER.

6 (a) IN GENERAL.—Title III of the Homeland Security

7 Act of 2002 (6 U.S.C. et seq.) is amended by adding at

8 the end the following:

9 ‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION

10 CENTER.

11 ‘‘(a) DEFINITIONS.—In this section—

12 ‘‘(1) the term ‘biological event of national sig13 nificance’ means—

14 ‘‘(A) an act of terrorism that uses a biologi15 cal agent, toxin, or other product derived from a

16 biological agent; or

17 ‘‘(B) a naturally-occurring outbreak of an

18 infectious disease that may result in a national

19 epidemic;

20 ‘‘(2) the term ‘Member Agencies’ means the de21 partments and agencies described in subsection (d)(1);

22 ‘‘(3) the term ‘NBIC’ means the National Bio23 surveillance Integration Center established under sub24 section (b);
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1 ‘‘(4) the term ‘NBIS’ means the National Bio2 surveillance Integration System established under

3 subsection (b); and

4 ‘‘(5) the term ‘Privacy Officer’ means the Pri5 vacy Officer appointed under section 222.

6 ‘‘(b) ESTABLISHMENT.—The Secretary shall establish,

7 operate, and maintain a National Biosurveillance Integra8 tion Center, headed by a Directing Officer, under an exist9 ing office or directorate of the Department, subject to the

10 availability of appropriations, to oversee development and

11 operation of the National Biosurveillance Integration Sys12 tem.

13 ‘‘(c) PRIMARY MISSION.—The primary mission of the

14 NBIC is to enhance the capability of the Federal Govern15 ment to—

16 ‘‘(1) rapidly identify, characterize, localize, and

17 track a biological event of national significance by in18 tegrating and analyzing data from human health,

19 animal, plant, food, and environmental monitoring

20 systems (both national and international); and

21 ‘‘(2) disseminate alerts and other information re22 garding such data analysis to Member Agencies and,

23 in consultation with relevant member agencies, to

24 agencies of State, local, and tribal governments, as
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1 appropriate, to enhance the ability of such agencies to

2 respond to a biological event of national significance.

3 ‘‘(d) REQUIREMENTS.—The NBIC shall design the

4 NBIS to detect, as early as possible, a biological event of

5 national significance that presents a risk to the United

6 States or the infrastructure or key assets of the United

7 States, including—

8 ‘‘(1) if a Federal department or agency, at the

9 discretion of the head of that department or agency,

10 has entered a memorandum of understanding regard11 ing participation in the NBIC, consolidating data

12 from all relevant surveillance systems maintained by

13 that department or agency to detect biological events

14 of national significance across human, animal, and

15 plant species;

16 ‘‘(2) seeking private sources of surveillance, both

17 foreign and domestic, when such sources would en18 hance coverage of critical surveillance gaps;

19 ‘‘(3) using an information technology system

20 that uses the best available statistical and other ana21 lytical tools to identify and characterize biological

22 events of national significance in as close to real-time

23 as is practicable;

24 ‘‘(4) providing the infrastructure for such inte25 gration, including information technology systems
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1 and space, and support for personnel from Member

2 Agencies with sufficient expertise to enable analysis

3 and interpretation of data;

4 ‘‘(5) working with Member Agencies to create in5 formation technology systems that use the minimum

6 amount of patient data necessary and consider pa7 tient confidentiality and privacy issues at all stages

8 of development and apprise the Privacy Officer of

9 such efforts; and

10 ‘‘(6) alerting relevant Member Agencies and, in

11 consultation with relevant Member Agencies, public

12 health agencies of State, local, and tribal governments

13 regarding any incident that could develop into a bio14 logical event of national significance.

15 ‘‘(e) RESPONSIBILITIES OF THE SECRETARY.—

16 ‘‘(1) IN GENERAL.—The Secretary shall—

17 ‘‘(A) ensure that the NBIC is fully oper18 ational not later than September 30, 2008;

19 ‘‘(B) not later than 180 days after the date

20 of enactment of this section and on the date that

21 the NBIC is fully operational, submit a report to

22 the Committee on Homeland Security and Gov23 ernmental Affairs of the Senate and the Com24 mittee on Homeland Security of the House of

25 Representatives on the progress of making the
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1 NBIC operational addressing the efforts of the

2 NBIC to integrate surveillance efforts of Federal,

3 State, local, and tribal governments.

4 ‘‘(f) RESPONSIBILITIES OF THE DIRECTING OFFICER

5 OF THE NBIC.—

6 ‘‘(1) IN GENERAL.—The Directing Officer of the

7 NBIC shall—

8 ‘‘(A) establish an entity to perform all oper9 ations and assessments related to the NBIS;

10 ‘‘(B) on an ongoing basis, monitor the

11 availability and appropriateness of contributing

12 surveillance systems and solicit new surveillance

13 systems that would enhance biological situational

14 awareness or overall performance of the NBIS;

15 ‘‘(C) on an ongoing basis, review and seek

16 to improve the statistical and other analytical

17 methods utilized by the NBIS;

18 ‘‘(D) receive and consider other relevant

19 homeland security information, as appropriate;

20 and

21 ‘‘(E) provide technical assistance, as appro22 priate, to all Federal, regional, State, local, and

23 tribal government entities and private sector en24 tities that contribute data relevant to the oper25 ation of the NBIS.
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1 ‘‘(2) ASSESSMENTS.—The Directing Officer of

2 the NBIC shall—

3 ‘‘(A) on an ongoing basis, evaluate available

4 data for evidence of a biological event of national

5 significance; and

6 ‘‘(B) integrate homeland security informa7 tion with NBIS data to provide overall situa8 tional awareness and determine whether a bio9 logical event of national significance has oc10 curred.

11 ‘‘(3) INFORMATION SHARING.—

12 ‘‘(A) IN GENERAL.—The Directing Officer of

13 the NBIC shall—

14 ‘‘(i) establish a method of real-time

15 communication with the National Oper16 ations Center, to be known as the Biological

17 Common Operating Picture;

18 ‘‘(ii) in the event that a biological

19 event of national significance is detected,

20 notify the Secretary and disseminate results

21 of NBIS assessments related to that biologi22 cal event of national significance to appro23 priate Federal response entities and, in con24 sultation with relevant member agencies, re-
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1 gional, State, local, and tribal governmental

2 response entities in a timely manner;

3 ‘‘(iii) provide any report on NBIS as4 sessments to Member Agencies and, in con5 sultation with relevant member agencies,

6 any affected regional, State, local, or tribal

7 government, and any private sector entity

8 considered appropriate that may enhance

9 the mission of such Member Agencies, gov10 ernments, or entities or the ability of the

11 Nation to respond to biological events of na12 tional significance; and

13 ‘‘(iv) share NBIS incident or situa14 tional awareness reports, and other relevant

15 information, consistent with the informa16 tion sharing environment established under

17 section 1016 of the Intelligence Reform and

18 Terrorism Prevention Act of 2004 (6 U.S.C.

19 485) and any policies, guidelines, proce20 dures, instructions, or standards established

21 by the President or the program manager

22 for the implementation and management of

23 that environment.

24 ‘‘(B) COORDINATION.—The Directing Offi25 cer of the NBIC shall implement the activities
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1 described in subparagraph (A) in coordination

2 with the program manager for the information

3 sharing environment of the Office of the Director

4 of National Intelligence, the Under Secretary for

5 Intelligence and Analysis, and other offices or

6 agencies of the Federal Government, as appro7 priate.

8 ‘‘(g) RESPONSIBILITIES OF THE NBIC MEMBER AGEN9 CIES.—

10 ‘‘(1) IN GENERAL.—Each Member Agency

11 shall—

12 ‘‘(A) use its best efforts to integrate bio13 surveillance information into the NBIS, with the

14 goal of promoting information sharing between

15 Federal, State, local, and tribal governments to

16 detect biological events of national significance;

17 ‘‘(B) participate in the formation and

18 maintenance of the Biological Common Oper19 ating Picture to facilitate timely and accurate

20 detection and reporting;

21 ‘‘(C) connect the biosurveillance data sys22 tems of that Member Agency to the NBIC data

23 system under mutually-agreed protocols that

24 maintain patient confidentiality and privacy;
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1 ‘‘(D) participate in the formation of strat2 egy and policy for the operation of the NBIC

3 and its information sharing; and

4 ‘‘(E) provide personnel to the NBIC under

5 an interagency personnel agreement and consider

6 the qualifications of such personnel necessary to

7 provide human, animal, and environmental data

8 analysis and interpretation support to the

9 NBIC.

10 ‘‘(h) ADMINISTRATIVE AUTHORITIES.—

11 ‘‘(1) HIRING OF EXPERTS.—The Directing Offi12 cer of the NBIC shall hire individuals with the nec13 essary expertise to develop and operate the NBIS.

14 ‘‘(2) DETAIL OF PERSONNEL.—Upon the request

15 of the Directing Officer of the NBIC, the head of any

16 Federal department or agency may detail, on a reim17 bursable basis, any of the personnel of that depart18 ment or agency to the Department to assist the NBIC

19 in carrying out this section.

20 ‘‘(i) JOINT BIOSURVEILLANCE LEADERSHIP COUN21 CIL.—The Directing Officer of the NBIC shall—

22 ‘‘(1) establish an interagency coordination coun23 cil to facilitate interagency cooperation and to advise

24 the Directing Officer of the NBIC regarding rec-
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1 ommendations to enhance the biosurveillance capa2 bilities of the Department; and

3 ‘‘(2) invite Member Agencies to serve on such

4 council.

5 ‘‘(j) RELATIONSHIP TO OTHER DEPARTMENTS AND

6 AGENCIES.—The authority of the Directing Officer of the

7 NBIC under this section shall not affect any authority or

8 responsibility of any other department or agency of the Fed9 eral Government with respect to biosurveillance activities

10 under any program administered by that department or

11 agency.

12 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated such sums as are nec14 essary to carry out this section.’’.

15 (b) CONFORMING AMENDMENT.—The table of contents

16 in section 1(b) of the Homeland Security Act of 2002 (6

17 U.S.C. 101 et seq.) is amended by inserting after the item

18 relating to section 315 the following:

‘‘Sec. 316. National Biosurveillance Integration Center.’’.

19 SEC. 702. BIOSURVEILLANCE EFFORTS.

20 The Comptroller General of the United States shall

21 submit a report to Congress describing—

22 (1) the state of Federal, State, local, and tribal

23 government biosurveillance efforts as of the date of

24 such report;
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1 (2) any duplication of effort at the Federal,

2 State, local, or tribal government level to create bio3 surveillance systems; and

4 (3) the integration of biosurveillance systems to

5 allow the maximizing of biosurveillance resources and

6 the expertise of Federal, State, local, and tribal gov7 ernments to benefit public health.

8 SEC. 703. INTERAGENCY COORDINATION TO ENHANCE DE9 FENSES AGAINST NUCLEAR AND RADIO10 LOGICAL WEAPONS OF MASS DESTRUCTION.

11 (a) IN GENERAL.—The Homeland Security Act of

12 2002 is amended by adding after section 1906, as redesig13 nated by section 203 of this Act, the following:

14 ‘‘SEC. 1907. JOINT ANNUAL REVIEW OF GLOBAL NUCLEAR

15 DETECTION ARCHITECTURE.

16 ‘‘(a) ANNUAL REVIEW.—

17 ‘‘(1) IN GENERAL.—The Secretary, the Attorney

18 General, the Secretary of State, the Secretary of De19 fense, the Secretary of Energy, and the Director of

20 National Intelligence shall jointly ensure interagency

21 coordination on the development and implementation

22 of the global nuclear detection architecture by ensur23 ing that, not less frequently than once each year—

24 ‘‘(A) each relevant agency, office, or

25 entity—
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1 ‘‘(i) assesses its involvement, support,

2 and participation in the development, revi3 sion, and implementation of the global nu4 clear detection architecture;

5 ‘‘(ii) examines and evaluates compo6 nents of the global nuclear detection archi7 tecture (including associated strategies and

8 acquisition plans) that are related to the

9 operations of that agency, office, or entity,

10 to determine whether such components in11 corporate and address current threat assess12 ments, scenarios, or intelligence analyses de13 veloped by the Director of National Intel14 ligence or other agencies regarding threats

15 related to nuclear or radiological weapons

16 of mass destruction; and

17 ‘‘(B) each agency, office, or entity deploying

18 or operating any technology acquired by the

19 Office—

20 ‘‘(i) evaluates the deployment and op21 eration of that technology by that agency,

22 office, or entity;

23 ‘‘(ii) identifies detection performance

24 deficiencies and operational or technical de25 ficiencies in that technology; and
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1 ‘‘(iii) assesses the capacity of that

2 agency, office, or entity to implement the re3 sponsibilities of that agency, office, or entity

4 under the global nuclear detection architec5 ture.

6 ‘‘(2) TECHNOLOGY.—Not less frequently than

7 once each year, the Secretary shall examine and

8 evaluate the development, assessment, and acquisition

9 of technology by the Office.

10 ‘‘(b) ANNUAL REPORT.—

11 ‘‘(1) IN GENERAL.—Not later than March 31 of

12 each year, the Secretary, in coordination with the At13 torney General, the Secretary of State, the Secretary

14 of Defense, the Secretary of Energy, and the Director

15 of National Intelligence, shall submit a report regard16 ing the compliance of such officials with this section

17 and the results of the reviews required under sub18 section (a) to—

19 ‘‘(A) the President;

20 ‘‘(B) the Committee on Appropriations, the

21 Committee on Armed Services, and the Com22 mittee on Homeland Security and Governmental

23 Affairs of the Senate; and

24 ‘‘(C) the Committee on Appropriations, the

25 Committee on Armed Services, and the Com-
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1 mittee on Homeland Security of the House of

2 Representatives.

3 ‘‘(2) FORM.—Each report submitted under para4 graph (1) shall be submitted in unclassified form to

5 the maximum extent practicable, but may include a

6 classified annex.

7 ‘‘(c) DEFINITION.—In this section, the term ‘global nu8 clear detection architecture’ means the global nuclear detec9 tion architecture developed under section 1902.’’.

10 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

11 table of contents in section 1(b) of the Homeland Security

12 Act of 2002 (6 U.S.C. 101 note) is amended by inserting

13 after the item relating to section 1906, as added by section

14 203 of this Act, the following:

‘‘Sec. 1907. Joint annual review of global nuclear detection architecture.’’.

15 TITLE VIII—PRIVATE SECTOR

16 PREPAREDNESS

17 SEC. 801. DEFINITIONS.

18 (a) IN GENERAL.—In this title, the term ‘‘voluntary

19 national preparedness standards’’ has the meaning given

20 that term in section 2 of the Homeland Security Act of 2002

21 (6 U.S.C. 101), as amended by this Act.

22 (b) HOMELAND SECURITY ACT OF 2002.—Section 2 of

23 the Homeland Security Act of 2002 (6 U.S.C. 101) is

24 amended by adding at the end the following:
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1 ‘‘(17) The term ‘voluntary national preparedness

2 standards’ means a common set of criteria for pre3 paredness, disaster management, emergency manage4 ment, and business continuity programs, such as the

5 American National Standards Institute’s National

6 Fire Protection Association Standard on Disaster/

7 Emergency Management and Business Continuity

8 Programs (ANSI/NFPA 1600).’’.

9 SEC. 802. RESPONSIBILITIES OF THE PRIVATE SECTOR OF10 FICE OF THE DEPARTMENT.

11 (a) IN GENERAL.—Section 102(f) of the Homeland Se12 curity Act of 2002 (6 U.S.C. 112(f)) is amended—

13 (1) by redesignating paragraphs (8) through (10)

14 as paragraphs (9) through (11), respectively; and

15 (2) by inserting after paragraph (7) the fol16 lowing:

17 ‘‘(8) providing information to the private sector

18 regarding voluntary national preparedness standards

19 and the business justification for preparedness and

20 promoting to the private sector the adoption of vol21 untary national preparedness standards;’’.

22 (b) PRIVATE SECTOR ADVISORY COUNCILS.—Section

23 102(f)(4) of the Homeland Security Act of 2002 (6 U.S.C.

24 112(f)(4)) is amended—
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1 (1) in subparagraph (A), by striking ‘‘and’’ at

2 the end;

3 (2) in subparagraph (B), by adding ‘‘and’’ at

4 the end; and

5 (3) by adding at the end the following:

6 ‘‘(C) advise the Secretary on private sector

7 preparedness issues, including effective methods

8 for—

9 ‘‘(i) promoting voluntary national pre10 paredness standards to the private sector;

11 ‘‘(ii) assisting the private sector in

12 adopting voluntary national preparedness

13 standards; and

14 ‘‘(iii) developing and implementing the

15 accreditation and certification program

16 under section 522;’’.

17 SEC. 803. VOLUNTARY NATIONAL PREPAREDNESS STAND18 ARDS COMPLIANCE; ACCREDITATION AND

19 CERTIFICATION PROGRAM FOR THE PRIVATE

20 SECTOR.

21 (a) IN GENERAL.—Title V of the Homeland Security

22 Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding

23 at the end the following:
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1 ‘‘SEC. 522. VOLUNTARY NATIONAL PREPAREDNESS STAND2 ARDS COMPLIANCE; ACCREDITATION AND

3 CERTIFICATION PROGRAM FOR THE PRIVATE

4 SECTOR.

5 ‘‘(a) ACCREDITATION AND CERTIFICATION PRO6 GRAM.—Not later than 120 days after the date of enactment

7 of this section, the Secretary, in consultation with rep8 resentatives of the organizations that coordinate or facili9 tate the development of and use of voluntary consensus

10 standards, appropriate voluntary consensus standards de11 velopment organizations, each private sector advisory coun12 cil created under section 102(f)(4), and appropriate private

13 sector advisory groups such as sector coordinating councils

14 and information sharing and analysis centers, shall—

15 ‘‘(1) support the development, promulgating, and

16 updating, as necessary, of voluntary national pre17 paredness standards; and

18 ‘‘(2) develop, implement, and promote a program

19 to certify the preparedness of private sector entities.

20 ‘‘(b) PROGRAM ELEMENTS.—

21 ‘‘(1) IN GENERAL.—

22 ‘‘(A) PROGRAM.—The program developed

23 and implemented under this section shall assess

24 whether a private sector entity complies with

25 voluntary national preparedness standards.
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1 ‘‘(B) GUIDELINES.—In developing the pro2 gram under this section, the Secretary shall de3 velop guidelines for the accreditation and certifi4 cation processes established under this section.

5 ‘‘(2) STANDARDS.—The Secretary, in consulta6 tion with representatives of organizations that coordi7 nate or facilitate the development of and use of vol8 untary consensus standards representatives of appro9 priate voluntary consensus standards development or10 ganizations, each private sector advisory council cre11 ated under section 102(f)(4), and appropriate private

12 sector advisory groups such as sector coordinating

13 councils and information sharing and analysis

14 centers—

15 ‘‘(A) shall adopt appropriate voluntary na16 tional preparedness standards that promote pre17 paredness, which shall be used in the accredita18 tion and certification program under this sec19 tion; and

20 ‘‘(B) after the adoption of standards under

21 subparagraph (A), may adopt additional vol22 untary national preparedness standards or mod23 ify or discontinue the use of voluntary national

24 preparedness standards for the accreditation and
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1 certification program, as necessary and appro2 priate to promote preparedness.

3 ‘‘(3) TIERING.—The certification program devel4 oped under this section may use a multiple-tiered sys5 tem to rate the preparedness of a private sector entity.

6 ‘‘(4) SMALL BUSINESS CONCERNS.—The Sec7 retary and any selected entity shall establish separate

8 classifications and methods of certification for small

9 business concerns (as that term is defined in section

10 3 of the Small Business Act (15 U.S.C. 632)) for the

11 program under this section.

12 ‘‘(5) CONSIDERATIONS.—In developing and im13 plementing the program under this section, the Sec14 retary shall—

15 ‘‘(A) consider the unique nature of various

16 sectors within the private sector, including pre17 paredness, business continuity standards, or best

18 practices, established—

19 ‘‘(i) under any other provision of Fed20 eral law; or

21 ‘‘(ii) by any sector-specific agency, as

22 defined under Homeland Security Presi23 dential Directive-7; and

24 ‘‘(B) coordinate the program, as appro25 priate, with—
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1 ‘‘(i) other Department private sector

2 related programs; and

3 ‘‘(ii) preparedness and business con4 tinuity programs in other Federal agencies.

5 ‘‘(c) ACCREDITATION AND CERTIFICATION PROC6 ESSES.—

7 ‘‘(1) AGREEMENT.—

8 ‘‘(A) IN GENERAL.—Not later than 120

9 days after the date of enactment of this section,

10 the Secretary shall enter into 1 or more agree11 ments with the American National Standards

12 Institute or other similarly qualified nongovern13 mental or other private sector entities to carry

14 out accreditations and oversee the certification

15 process under this section.

16 ‘‘(B) CONTENTS.—Any selected entity shall

17 manage the accreditation process and oversee the

18 certification process in accordance with the pro19 gram established under this section and accredit

20 qualified third parties to carry out the certifi21 cation program established under this section.

22 ‘‘(2) PROCEDURES AND REQUIREMENTS FOR AC23 CREDITATION AND CERTIFICATION.—

24 ‘‘(A) IN GENERAL.—The selected entities

25 shall collaborate to develop procedures and re-
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1 quirements for the accreditation and certification

2 processes under this section, in accordance with

3 the program established under this section and

4 guidelines developed under subsection (b)(1)(B).

5 ‘‘(B) CONTENTS AND USE.—The procedures

6 and requirements developed under subparagraph

7 (A) shall—

8 ‘‘(i) ensure reasonable uniformity in

9 the accreditation and certification processes

10 if there is more than 1 selected entity; and

11 ‘‘(ii) be used by any selected entity in

12 conducting accreditations and overseeing

13 the certification process under this section.

14 ‘‘(C) DISAGREEMENT.—Any disagreement

15 among selected entities in developing procedures

16 under subparagraph (A) shall be resolved by the

17 Secretary.

18 ‘‘(3) DESIGNATION.—A selected entity may ac19 credit any qualified third party to carry out the cer20 tification process under this section.

21 ‘‘(4) THIRD PARTIES.—To be accredited under

22 paragraph (3), a third party shall—

23 ‘‘(A) demonstrate that the third party has

24 the ability to certify private sector entities in ac-
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1 cordance with the procedures and requirements

2 developed under paragraph (2);

3 ‘‘(B) agree to perform certifications in ac4 cordance with such procedures and requirements;

5 ‘‘(C) agree not to have any beneficial inter6 est in or any direct or indirect control over—

7 ‘‘(i) a private sector entity for which

8 that third party conducts a certification

9 under this section; or

10 ‘‘(ii) any organization that provides

11 preparedness consulting services to private

12 sector entities;

13 ‘‘(D) agree not to have any other conflict of

14 interest with respect to any private sector entity

15 for which that third party conducts a certifi16 cation under this section;

17 ‘‘(E) maintain liability insurance coverage

18 at policy limits in accordance with the require19 ments developed under paragraph (2); and

20 ‘‘(F) enter into an agreement with the se21 lected entity accrediting that third party to pro22 tect any proprietary information of a private

23 sector entity obtained under this section.

24 ‘‘(5) MONITORING.—
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1 ‘‘(A) IN GENERAL.—The Secretary and any

2 selected entity shall regularly monitor and in3 spect the operations of any third party con4 ducting certifications under this section to en5 sure that third party is complying with the pro6 cedures and requirements established under

7 paragraph (2) and all other applicable require8 ments.

9 ‘‘(B) REVOCATION.—If the Secretary or any

10 selected entity determines that a third party is

11 not meeting the procedures or requirements es12 tablished under paragraph (2), the appropriate

13 selected entity shall—

14 ‘‘(i) revoke the accreditation of that

15 third party to conduct certifications under

16 this section; and

17 ‘‘(ii) review any certification con18 ducted by that third party, as necessary

19 and appropriate.

20 ‘‘(d) ANNUAL REVIEW.—

21 ‘‘(1) IN GENERAL.—The Secretary, in consulta22 tion with representatives of the organizations that co23 ordinate or facilitate the development of and use of

24 voluntary consensus standards, appropriate voluntary

25 consensus standards development organizations, and
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1 each private sector advisory council created under sec2 tion 102(f)(4), shall annually review the voluntary

3 accreditation and certification program established

4 under this section to ensure the effectiveness of such

5 program and make improvements and adjustments to

6 the program as necessary and appropriate.

7 ‘‘(2) REVIEW OF STANDARDS.—Each review

8 under paragraph (1) shall include an assessment of

9 the voluntary national preparedness standards used

10 in the program under this section.

11 ‘‘(e) COMPLIANCE BY ENTITIES SEEKING CERTIFI12 CATION.—Any entity seeking certification under this section

13 shall comply with all applicable statutes, regulations, direc14 tives, policies, and industry codes of practice in meeting

15 certification requirements.

16 ‘‘(f) VOLUNTARY PARTICIPATION.—Certification under

17 this section shall be voluntary for any private sector entity.

18 ‘‘(g) PUBLIC LISTING.—The Secretary shall maintain

19 and make public a listing of any private sector entity cer20 tified as being in compliance with the program established

21 under this section, if that private sector entity consents to

22 such listing.

23 ‘‘(h) DEFINITION.—In this section, the term ‘selected

24 entity’ means any entity entering an agreement with the

25 Secretary under subsection (c)(1)(A).’’.
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1 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

2 table of contents in section 1(b) of the Homeland Security

3 Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting

4 after the item relating to section 521 the following:

‘‘Sec. 522. Voluntary national preparedness standards compliance; accreditation

and certification program for the private sector.’’.

5 SEC. 804. SENSE OF CONGRESS REGARDING PROMOTING AN

6 INTERNATIONAL STANDARD FOR PRIVATE

7 SECTOR PREPAREDNESS.

8 It is the sense of Congress that the Secretary or any

9 entity designated under section 522(c)(1)(A) of the Home10 land Security Act of 2002, as added by this Act, should

11 promote, where appropriate, efforts to develop a consistent

12 international standard for private sector preparedness.

13 SEC. 805. DEMONSTRATION PROJECT.

14 Not later than 120 days after the date of enactment

15 of this Act, the Secretary shall—

16 (1) establish a demonstration project to conduct

17 demonstrations of security management systems

18 that—

19 (A) shall use a management system stand20 ards approach; and

21 (B) may be integrated into quality, safety,

22 environmental and other internationally adopted

23 management systems; and
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1 (2) enter into 1 or more agreements with a pri2 vate sector entity to conduct such demonstrations of

3 security management systems.

4 SEC. 806. REPORT TO CONGRESS.

5 Not later than 180 days after the date of enactment

6 of this Act, the Secretary shall submit to the Committee on

7 Homeland Security and Governmental Affairs of the Senate

8 and the Committee on Homeland Security of the House of

9 Representatives a report detailing—

10 (1) any action taken to implement this title or

11 an amendment made by this title; and

12 (2) the status, as of the date of that report, of the

13 implementation of this title and the amendments

14 made by this title.

15 SEC. 807. RULE OF CONSTRUCTION.

16 Nothing in this title may be construed to supercede

17 any preparedness or business continuity standards, require18 ments, or best practices established—

19 (1) under any other provision of Federal law; or

20 (2) by any sector-specific agency, as defined

21 under Homeland Security Presidential Directive-7.
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1 TITLE IX—TRANSPORTATION SE2 CURITY PLANNING AND IN3 FORMATION SHARING

4 SEC. 901. TRANSPORTATION SECURITY STRATEGIC PLAN5 NING.

6 (a) IN GENERAL.—Section 114(t)(1)(B) of title 49,

7 United States Code, is amended to read as follows:

8 ‘‘(B) transportation modal and intermodal

9 security plans addressing risks, threats, and

10 vulnerabilities for aviation, bridge, tunnel, com11 muter rail and ferry, highway, maritime, pipe12 line, rail, mass transit, over-the-road bus, and

13 other public transportation infrastructure as14 sets.’’.

15 (b) CONTENTS OF THE NATIONAL STRATEGY FOR

16 TRANSPORTATION SECURITY.—Section 114(t)(3) of such

17 title is amended—

18 (1) in subparagraph (B), by inserting ‘‘, based

19 on risk assessments conducted by the Secretary of

20 Homeland Security (including assessments conducted

21 under section 1421 or 1503 of the Improving Amer22 ica’s Security Act of 2007 or any provision of law

23 amended by such title),’’ after ‘‘risk based priorities’’;

24 (2) in subparagraph (D)—
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1 (A) by striking ‘‘and local’’ and inserting ‘‘,

2 local, and tribal’’; and

3 (B) by striking ‘‘private sector cooperation

4 and participation’’ and inserting ‘‘cooperation

5 and participation by private sector entities’’;

6 (3) in subparagraph (E)—

7 (A) by striking ‘‘response’’ and inserting

8 ‘‘prevention, response,’’; and

9 (B) by inserting ‘‘and threatened and exe10 cuted acts of terrorism outside the United States

11 to the extent such acts affect United States trans12 portation systems’’ before the period at the end;

13 (4) in subparagraph (F), by adding at the end

14 the following: ‘‘Transportation security research and

15 development projects shall be based, to the extent

16 practicable, on such prioritization. Nothing in the

17 preceding sentence shall be construed to require the

18 termination of any research or development project

19 initiated by the Secretary of Homeland Security be20 fore the date of enactment of the Improving America’s

21 Security Act of 2007.’’; and

22 (5) by adding at the end the following:

23 ‘‘(G) Short- and long-term budget rec24 ommendations for Federal transportation secu-
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1 rity programs, which reflect the priorities of the

2 National Strategy for Transportation Security.

3 ‘‘(H) Methods for linking the individual

4 transportation modal security plans and the pro5 grams contained therein, and a plan for address6 ing the security needs of intermodal transpor7 tation hubs.

8 ‘‘(I) Transportation security modal and

9 intermodal plans, including operational recovery

10 plans to expedite, to the maximum extent prac11 ticable, the return to operation of an adversely

12 affected transportation system following a major

13 terrorist attack on that system or another catas14 trophe. These plans shall be coordinated with the

15 resumption of trade protocols required under sec16 tion 202 of the SAFE Port Act (6 U.S.C. 942).’’.

17 (c) PERIODIC PROGRESS REPORTS.—Section 114(t)(4)

18 of such title is amended—

19 (1) in subparagraph (C)—

20 (A) in clause (i), by inserting ‘‘, including

21 the transportation modal security plans’’ before

22 the period at the end; and

23 (B) by striking clause (ii) and inserting the

24 following:
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1 ‘‘(ii) CONTENT.—Each progress report

2 submitted under this subparagraph shall in3 clude the following:

4 ‘‘(I) Recommendations for im5 proving and implementing the Na6 tional Strategy for Transportation Se7 curity and the transportation modal

8 and intermodal security plans that the

9 Secretary of Homeland Security, in

10 consultation with the Secretary of

11 Transportation, considers appropriate.

12 ‘‘(II) An accounting of all grants

13 for transportation security, including

14 grants for research and development,

15 distributed by the Secretary of Home16 land Security in the most recently con17 cluded fiscal year and a description of

18 how such grants accomplished the goals

19 of the National Strategy for Transpor20 tation Security.

21 ‘‘(III) An accounting of all—

22 ‘‘(aa) funds requested in the

23 President’s budget submitted pur24 suant to section 1105 of title 31

25 for the most recently concluded
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1 fiscal year for transportation se2 curity, by mode; and

3 ‘‘(bb) personnel working on

4 transportation security by mode,

5 including the number of contrac6 tors.

7 ‘‘(iii) WRITTEN EXPLANATION OF

8 TRANSPORTATION SECURITY ACTIVITIES NOT

9 DELINEATED IN THE NATIONAL STRATEGY

10 FOR TRANSPORTATION SECURITY.—At the

11 end of each year, the Secretary of Homeland

12 Security shall submit to the appropriate

13 congressional committees a written expla14 nation of any activity inconsistent with, or

15 not clearly delineated in, the National

16 Strategy for Transportation Security, in17 cluding the amount of funds to be expended

18 for the activity and the number of personnel

19 involved.’’; and

20 (2) in subparagraph (E), by striking ‘‘Select’’.

21 (d) PRIORITY STATUS.—Section 114(t)(5)(B) of such

22 title is amended—

23 (1) in clause (iii), by striking ‘‘and’’ at the end;

24 (2) by redesignating clause (iv) as clause (v);

25 and
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1 (3) by inserting after clause (iii) the following:

2 ‘‘(iv) the transportation sector specific

3 plan required under Homeland Security

4 Presidential Directive-7; and’’.

5 (e) COORDINATION AND PLAN DISTRIBUTION.—Section

6 114(t) of such title is amended by adding at the end the

7 following:

8 ‘‘(6) COORDINATION.—In carrying out the re9 sponsibilities under this section, the Secretary of

10 Homeland Security, in consultation with the Sec11 retary of Transportation, shall consult, as appro12 priate, with Federal, State, and local agencies, tribal

13 governments, private sector entities (including non14 profit employee labor organizations), institutions of

15 higher learning, and other entities.

16 ‘‘(7) PLAN DISTRIBUTION.—The Secretary of

17 Homeland Security shall make available an unclassi18 fied version of the National Strategy for Transpor19 tation Security, including its component transpor20 tation modal security plans, to Federal, State, re21 gional, local and tribal authorities, transportation

22 system owners or operators, private sector stake23 holders (including non-profit employee labor organi24 zations), institutions of higher learning, and other

25 appropriate entities.’’.
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1 SEC. 902. TRANSPORTATION SECURITY INFORMATION

2 SHARING.

3 (a) IN GENERAL.—Section 114 of title 49, United

4 States Code, is amended by adding at the end the following:

5 ‘‘(u) TRANSPORTATION SECURITY INFORMATION

6 SHARING PLAN.—

7 ‘‘(1) ESTABLISHMENT OF PLAN.—The Secretary

8 of Homeland Security, in consultation with the pro9 gram manager of the information sharing environ10 ment established under section 1016 of the Intelligence

11 Reform and Terrorism Prevention Act of 2004 (6

12 U.S.C. 485), the Secretary of Transportation, and

13 public and private stakeholders, shall establish a

14 Transportation Security Information Sharing Plan.

15 In establishing the plan, the Secretary shall gather

16 input on the development of the Plan from private

17 and public stakeholders and the program manager of

18 the information sharing environment established

19 under section 1016 of the Intelligence Reform and

20 Terrorism Prevention Act of 2004 (6 U.S.C. 485).

21 ‘‘(2) PURPOSE OF PLAN.—The Plan shall pro22 mote sharing of transportation security information

23 between the Department of Homeland Security and

24 public and private stakeholders.

25 ‘‘(3) CONTENT OF PLAN.—The Plan shall

26 include—
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1 ‘‘(A) a description of how intelligence ana2 lysts within the Department of Homeland Secu3 rity will coordinate their activities within the

4 Department and with other Federal, State, and

5 local agencies, and tribal governments, including

6 coordination with existing modal information

7 sharing centers and the center established under

8 section 1506 of the Improving America’s Secu9 rity Act of 2007;

10 ‘‘(B) the establishment of a point of contact,

11 which may be a single point of contact, for each

12 mode of transportation within the Department of

13 Homeland Security for its sharing of transpor14 tation security information with public and pri15 vate stakeholders, including an explanation and

16 justification to the appropriate congressional

17 committees if the point of contact established

18 pursuant to this subparagraph differs from the

19 agency within the Department that has the pri20 mary authority, or has been delegated such au21 thority by the Secretary, to regulate the security

22 of that transportation mode;

23 ‘‘(C) a reasonable deadline by which the

24 Plan will be implemented; and
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1 ‘‘(D) a description of resource needs for ful2 filling the Plan.

3 ‘‘(4) COORDINATION WITH THE INFORMATION

4 SHARING ENVIRONMENT.—The Plan shall be—

5 ‘‘(A) implemented in coordination with the

6 program manager for the information sharing

7 environment established under section 1016 of

8 the Intelligence Reform and Terrorism Preven9 tion Act of 2004 (6 U.S.C. 485); and

10 ‘‘(B) consistent with the establishment of

11 that environment, and any policies, guidelines,

12 procedures, instructions, or standards established

13 by the President or the program manager for the

14 implementation and management of that envi15 ronment.

16 ‘‘(5) REPORTS TO CONGRESS.—

17 ‘‘(A) IN GENERAL.—Not later than 180

18 days after the date of enactment of this sub19 section, the Secretary shall submit to the appro20 priate congressional committees a report con21 taining the Plan.

22 ‘‘(B) ANNUAL REPORT.—Not later than 1

23 year after the date of enactment of this sub24 section, the Secretary shall submit to the appro25 priate congressional committees an annual re-
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1 port on updates to and the implementation of the

2 Plan.

3 ‘‘(6) SURVEY.—

4 ‘‘(A) IN GENERAL.—The Secretary shall

5 conduct a biennial survey of the satisfaction of

6 the recipients of transportation intelligence re7 ports disseminated under the Plan, and include

8 the results of the survey as part of the annual re9 port to be submitted under paragraph (5)(B).

10 ‘‘(B) INFORMATION SOUGHT.—The survey

11 conducted under subparagraph (A) shall seek in12 formation about the quality, speed, regularity,

13 and classification of the transportation security

14 information products disseminated from the De15 partment of Homeland Security to public and

16 private stakeholders.

17 ‘‘(7) SECURITY CLEARANCES.—The Secretary

18 shall, to the greatest extent practicable, take steps to

19 expedite the security clearances needed for public and

20 private stakeholders to receive and obtain access to

21 classified information distributed under this section

22 as appropriate.

23 ‘‘(8) CLASSIFICATION OF MATERIAL.—The Sec24 retary, to the greatest extent practicable, shall provide
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1 public and private stakeholders with specific and ac2 tionable information in an unclassified format.

3 ‘‘(9) DEFINITIONS.—In this subsection:

4 ‘‘(A) APPROPRIATE CONGRESSIONAL COM5 MITTEES.—The term ‘appropriate congressional

6 committees’ has the meaning given that term in

7 subsection (t), but shall also include the Senate

8 Committee on Banking, Housing, and Urban

9 Development.

10 ‘‘(B) PLAN.—The term ‘Plan’ means the

11 Transportation Security Information Sharing

12 Plan established under paragraph (1).

13 ‘‘(C) PUBLIC AND PRIVATE STAKE14 HOLDERS.—The term ‘public and private stake15 holders’ means Federal, State, and local agencies,

16 tribal governments, and appropriate private en17 tities.

18 ‘‘(D) SECRETARY.—The term ‘Secretary’

19 means the Secretary of Homeland Security.

20 ‘‘(E) TRANSPORTATION SECURITY INFORMA21 TION.—The term ‘transportation security infor22 mation’ means information relating to the risks

23 to transportation modes, including aviation,

24 bridge and tunnel, mass transit, passenger and
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1 freight rail, ferry, highway, maritime, pipeline,

2 and over-the-road bus transportation.’’.

3 (b) CONGRESSIONAL OVERSIGHT OF SECURITY ASSUR4 ANCE FOR PUBLIC AND PRIVATE STAKEHOLDERS.—

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the Secretary shall provide a semiannual

7 report to the Committee on Homeland Security and

8 Governmental Affairs, the Committee on Commerce,

9 Science, and Transportation, and the Committee on

10 Banking, Housing, and Urban Development of the

11 Senate and the Committee on Homeland Security and

12 the Committee on Transportation and Infrastructure

13 of the House of Representatives that—

14 (A) identifies the job titles and descriptions

15 of the persons with whom such information is to

16 be shared under the transportation security in17 formation sharing plan established under section

18 114(u) of title 49, United States Code, as added

19 by this Act, and explains the reason for sharing

20 the information with such persons;

21 (B) describes the measures the Secretary has

22 taken, under section 114(u)(7) of that title, or

23 otherwise, to ensure proper treatment and secu24 rity for any classified information to be shared
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1 with the public and private stakeholders under

2 the plan; and

3 (C) explains the reason for the denial of

4 transportation security information to any

5 stakeholder who had previously received such in6 formation.

7 (2) NO REPORT REQUIRED IF NO CHANGES IN

8 STAKEHOLDERS.—The Secretary is not required to

9 provide a semiannual report under paragraph (1) if

10 no stakeholders have been added to or removed from

11 the group of persons with whom transportation secu12 rity information is shared under the plan since the

13 end of the period covered by the last preceding semi14 annual report.

15 SEC. 903. TRANSPORTATION SECURITY ADMINISTRATION

16 PERSONNEL MANAGEMENT.

17 (a) TSA EMPLOYEE DEFINED.—In this section, the

18 term ‘‘TSA employee’’ means an individual who holds—

19 (1) any position which was transferred (or the

20 incumbent of which was transferred) from the Trans21 portation Security Administration of the Department

22 of Transportation to the Department by section 403

23 of the Homeland Security Act of 2002 (6 U.S.C. 203);

24 or
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1 (2) any other position within the Department

2 the duties and responsibilities of which include car3 rying out 1 or more of the functions that were trans4 ferred from the Transportation Security Administra5 tion of the Department of Transportation to the Sec6 retary by such section.

7 (b) ELIMINATION OF CERTAIN PERSONNEL MANAGE8 MENT AUTHORITIES.—Effective 90 days after the date of

9 enactment of this Act—

10 (1) section 111(d) of the Aviation and Transpor11 tation Security Act (49 U.S.C. 44935 note) is re12 pealed and any authority of the Secretary derived

13 from such section 111(d) shall terminate;

14 (2) any personnel management system, to the ex15 tent established or modified under such section 111(d)

16 (including by the Secretary through the exercise of

17 any authority derived from such section 111(d)) shall

18 terminate; and

19 (3) the Secretary shall ensure that all TSA em20 ployees are subject to the same personnel management

21 system as described in paragraph (1) or (2) of sub22 section (e).

23 (c) ESTABLISHMENT OF CERTAIN UNIFORMITY RE24 QUIREMENTS.—
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1 (1) SYSTEM UNDER SUBSECTION (e)(1).—The

2 Secretary shall, with respect to any personnel man3 agement system described in subsection (e)(1), take

4 any measures which may be necessary to provide for

5 the uniform treatment of all TSA employees under

6 such system.

7 (2) SYSTEM UNDER SUBSECTION (e)(2).—Section

8 9701(b) of title 5, United States Code, is amended—

9 (A) in paragraph (4), by striking ‘‘and’’ at

10 the end;

11 (B) in paragraph (5), by striking the period

12 at the end and inserting ‘‘; and’’; and

13 (C) by adding at the end the following:

14 ‘‘(6) provide for the uniform treatment of all

15 TSA employees (as that term is defined in section 903

16 of the Improving America’s Security Act of 2007).’’.

17 (3) EFFECTIVE DATE.—

18 (A) PROVISIONS RELATING TO A SYSTEM

19 UNDER SUBSECTION (e)(1).—Any measures nec20 essary to carry out paragraph (1) shall take ef21 fect 90 days after the date of enactment of this

22 Act.

23 (B) PROVISIONS RELATING TO A SYSTEM

24 UNDER SUBSECTION (e)(2).—Any measures nec25 essary to carry out the amendments made by
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1 paragraph (2) shall take effect on the later of 90

2 days after the date of enactment of this Act and

3 the commencement date of the system involved.

4 (d) REPORT TO CONGRESS.—

5 (1) REPORT REQUIRED.—Not later than 6

6 months after the date of enactment of this Act, the

7 Comptroller General of the United States shall submit

8 to the Committee on Homeland Security and Govern9 mental Affairs of the Senate and the Committee on

10 Homeland Security of the House of Representatives a

11 report on—

12 (A) the pay system that applies with respect

13 to TSA employees as of the date of enactment of

14 this Act; and

15 (B) any changes to such system which

16 would be made under any regulations which

17 have been prescribed under chapter 97 of title 5,

18 United States Code.

19 (2) MATTERS FOR INCLUSION.—The report re20 quired under paragraph (1) shall include—

21 (A) a brief description of each pay system

22 described in paragraphs (1)(A) and (1)(B), re23 spectively;
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1 (B) a comparison of the relative advantages

2 and disadvantages of each of those pay systems;

3 and

4 (C) such other matters as the Comptroller

5 General determines appropriate.

6 (e) PERSONNEL MANAGEMENT SYSTEM DESCRIBED.—

7 A personnel management system described in this sub8 section is—

9 (1) any personnel management system, to the ex10 tent that it applies with respect to any TSA employ11 ees under section 114(n) of title 49, United States

12 Code; and

13 (2) any human resources management system,

14 established under chapter 97 of title 5, United States

15 Code.

16 SEC. 904. APPEAL RIGHTS AND EMPLOYEE ENGAGEMENT

17 MECHANISM FOR PASSENGER AND PROPERTY

18 SCREENERS.

19 (a) APPEAL RIGHTS FOR SCREENERS.—

20 (1) IN GENERAL.—Section 111(d) of the Aviation

21 and Transportation Security Act (49 U.S.C. 44935

22 note) is amended—

23 (A) by striking ‘‘Notwithstanding’’ and in24 serting the following:
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graphs (2) and (3) notwithstanding’’; and

3 (B) by adding at the end the following:

4 ‘‘(2) RIGHT TO APPEAL ADVERSE ACTION.—The

5 provisions of chapters 75 and 77 of title 5, United

6 States Code, shall apply to an individual employed or

7 appointed to carry out the screening functions of the

8 Administrator under section 44901 of title 49, United

9 States Code.

10 ‘‘(3) EMPLOYEE ENGAGEMENT MECHANISM FOR

11 ADDRESSING WORKPLACE ISSUES.—The Under Sec12 retary of Transportation shall provide a collaborative,

13 integrated, employee engagement mechanism, subject

14 to chapter 71 of title 5, United States Code, at every

15 airport to address workplace issues, except that collec16 tive bargaining over working conditions shall not ex17 tend to pay. Employees shall not have the right to en18 gage in a strike and the Under Secretary may take

19 whatever actions may be necessary to carry out the

20 agency mission during emergencies, newly imminent

21 threats, or intelligence indicating a newly imminent

22 emergency risk. No properly classified information

23 shall be divulged in any non-authorized forum.’’.

24 (2) CONFORMING AMENDMENTS.—Section

25 111(d)(1) of the Aviation and Transportation Secu-
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1 rity Act, as amended by paragraph (1)(A), is

2 amended—

3 (A) by striking ‘‘Under Secretary of Trans4 portation for Security’’ and inserting ‘‘Adminis5 trator of the Transportation Security Adminis6 tration’’; and

7 (B) by striking ‘‘Under Secretary’’ each

8 place such appears and inserting ‘‘Adminis9 trator’’.

10 (b) WHISTLEBLOWER PROTECTIONS.—Section 883 of

11 the Homeland Security Act of 2002 (6 U.S.C. 463) is

12 amended, in the matter preceding paragraph (1), by insert13 ing ‘‘, or section 111(d) of the Aviation and Transportation

14 Security Act,’’ after ‘‘this Act’’.

15 (c) REPORT TO CONGRESS.—

16 (1) REPORT REQUIRED.—Not later than 6

17 months after the date of enactment of this Act, the

18 Comptroller General of the United States shall submit

19 to the Committee on Homeland Security and Govern20 mental Affairs of the Senate and the Committee on

21 Homeland Security of the House of Representatives a

22 report on—

23 (A) the pay system that applies with respect

24 to TSA employees as of the date of enactment of

25 this Act; and
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1 (B) any changes to such system which

2 would be made under any regulations which

3 have been prescribed under chapter 97 of title 5,

4 United States Code.

5 (2) MATTERS FOR INCLUSION.—The report re6 quired under paragraph (1) shall include—

7 (A) a brief description of each pay system

8 described in paragraphs (1)(A) and (1)(B), re9 spectively;

10 (B) a comparison of the relative advantages

11 and disadvantages of each of those pay systems;

12 and

13 (C) such other matters as the Comptroller

14 General determines appropriate.

15 (d) This section shall take effect one day after the date

16 of enactment.

17 SEC. 905. PLAN FOR 100 PERCENT SCANNING OF CARGO

18 CONTAINERS.

19 Section 232(c) of the Security and Accountability For

20 Every Port Act (6 U.S.C. 982(c)) is amended—

21 (1) by striking ‘‘Not later’’ and inserting the fol22 lowing:

23 ‘‘(1) IN GENERAL.—Not later’’;

24 (2) by resetting the left margin of the text thereof

25 2 ems from the left margin; and
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1 (3) by inserting at the end thereof the following:

2 ‘‘(2) PLAN FOR 100 PERCENT SCANNING OF

3 CARGO CONTAINERS.—

4 ‘‘(A) IN GENERAL.—The first report under

5 paragraph (1) shall include an initial plan to

6 scan 100 percent of the cargo containers destined

7 for the United States before such containers ar8 rive in the United States.

9 ‘‘(B) PLAN CONTENTS.—The plan under

10 subparagraph (A) shall include—

11 ‘‘(i) specific annual benchmarks for the

12 percentage of cargo containers destined for

13 the United States that are scanned at a for14 eign port;

15 ‘‘(ii) annual increases in the bench16 marks described in clause (i) until 100 per17 cent of the cargo containers destined for the

18 United States are scanned before arriving

19 in the United States, unless the Secretary

20 explains in writing to the appropriate con21 gressional committees that inadequate

22 progress has been made in meeting the cri23 teria in section 232(b) for expanded scan24 ning to be practical or feasible;
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1 ‘‘(iii) an analysis of how to effectively

2 incorporate existing programs, including

3 the Container Security Initiative estab4 lished by section 205 and the Customs5 Trade Partnership Against Terrorism estab6 lished by subtitle B, to reach the bench7 marks described in clause (i); and

8 ‘‘(iv) an analysis of the scanning

9 equipment, personnel, and technology nec10 essary to reach the goal of 100 percent scan11 ning of cargo containers.

12 ‘‘(C) SUBSEQUENT REPORTS.—Each report

13 under paragraph (1) after the initial report shall

14 include an assessment of the progress toward im15 plementing the plan under subparagraph (A).’’.

16 TITLE X—INCIDENT COMMAND

17 SYSTEM

18 SEC. 1001. PREIDENTIFYING AND EVALUATING MULTI19 JURISDICTIONAL FACILITIES TO STRENGTH20 EN INCIDENT COMMAND; PRIVATE SECTOR

21 PREPAREDNESS.

22 Section 507(c)(2) of the Homeland Security Act of

23 2002 (6 U.S.C. 317(c)(2)) is amended—

24 (1) in subparagraph (H), by striking ‘‘and’’ at

25 the end;
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1 (2) by redesignating subparagraph (I) as sub2 paragraph (K); and

3 (3) by inserting after subparagraph (H) the fol4 lowing:

5 ‘‘(I) coordinating with the private sector to

6 help ensure private sector preparedness for nat7 ural disasters, acts of terrorism, or other man8 made disasters;

9 ‘‘(J) assisting State, local, or tribal govern10 ments, where appropriate, to preidentify and

11 evaluate suitable sites where a multijuris12 dictional incident command system can be

13 quickly established and operated from, if the

14 need for such a system arises; and’’.

15 SEC. 1002. CREDENTIALING AND TYPING TO STRENGTHEN

16 INCIDENT COMMAND.

17 (a) IN GENERAL.—Title V of the Homeland Security

18 Act of 2002 (6 U.S.C. 331 et seq.) is amended—

19 (1) by striking section 510 and inserting the fol20 lowing:

21 ‘‘SEC. 510. CREDENTIALING AND TYPING.

22 ‘‘(a) CREDENTIALING.—

23 ‘‘(1) DEFINITIONS.—In this subsection—

24 ‘‘(A) the term ‘credential’ means to provide

25 documentation that can authenticate and verify
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1 the qualifications and identity of managers of

2 incidents, emergency response providers, and

3 other appropriate personnel, including by ensur4 ing that such personnel possess a minimum com5 mon level of training, experience, physical and

6 medical fitness, and capability appropriate for

7 their position;

8 ‘‘(B) the term ‘credentialing’ means evalu9 ating an individual’s qualifications for a specific

10 position under guidelines created under this sub11 section and assigning such individual a quali12 fication under the standards developed under

13 this subsection; and

14 ‘‘(C) the term ‘credentialed’ means an indi15 vidual has been evaluated for a specific position

16 under the guidelines created under this sub17 section.

18 ‘‘(2) REQUIREMENTS.—

19 ‘‘(A) IN GENERAL.—The Administrator

20 shall enter into a memorandum of understanding

21 with the administrators of the Emergency Man22 agement Assistance Compact, State, local, and

23 tribal governments, emergency response pro24 viders, and the organizations that represent such

25 providers, to collaborate on establishing nation-
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1 wide standards for credentialing all personnel

2 who are likely to respond to a natural disaster,

3 act of terrorism, or other man-made disaster.

4 ‘‘(B) CONTENTS.—The standards developed

5 under subparagraph (A) shall—

6 ‘‘(i) include the minimum professional

7 qualifications, certifications, training, and

8 education requirements for specific emer9 gency response functional positions that are

10 applicable to Federal, State, local, and trib11 al government;

12 ‘‘(ii) be compatible with the National

13 Incident Management System; and

14 ‘‘(iii) be consistent with standards for

15 advance registration for health professions

16 volunteers under section 319I of the Public

17 Health Services Act (42 U.S.C. 247d–7b).

18 ‘‘(C) TIMEFRAME.—The Administrator shall

19 develop standards under subparagraph (A) not

20 later than 6 months after the date of enactment

21 of the Improving America’s Security Act of 2007.

22 ‘‘(3) CREDENTIALING OF DEPARTMENT PER23 SONNEL.—

24 ‘‘(A) IN GENERAL.—Not later than 1 year

25 after the date of enactment of the Improving
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1 America’s Security Act of 2007, the Secretary

2 and the Administrator shall ensure that all per3 sonnel of the Department (including temporary

4 personnel and individuals in the Surge Capacity

5 Force established under section 624 of the Post6 Katrina Emergency Management Reform Act of

7 2006 (6 U.S.C. 711)) who are likely to respond

8 to a natural disaster, act of terrorism, or other

9 man-made disaster are credentialed.

10 ‘‘(B) STRATEGIC HUMAN CAPITAL PLAN.—

11 Not later than 90 days after completion of the

12 credentialing under subparagraph (A), the Ad13 ministrator shall evaluate whether the workforce

14 of the Agency complies with the strategic human

15 capital plan of the Agency developed under sec16 tion 10102 of title 5, United States Code, and is

17 sufficient to respond to a catastrophic incident.

18 ‘‘(4) INTEGRATION WITH NATIONAL RESPONSE

19 PLAN.—

20 ‘‘(A) DISTRIBUTION OF STANDARDS.—Not

21 later than 6 months after the date of enactment

22 of the Improving America’s Security Act of 2007,

23 the Administrator shall provide the standards

24 developed under paragraph (2) to all Federal
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1 agencies that have responsibilities under the Na2 tional Response Plan.

3 ‘‘(B) CREDENTIALING OF AGENCIES.—Not

4 later than 6 months after the date on which the

5 standards are provided under subparagraph (A),

6 each agency described in subparagraph (A)

7 shall—

8 ‘‘(i) ensure that all employees or volun9 teers of that agency who are likely to re10 spond to a natural disaster, act of ter11 rorism, or other man-made disaster are

12 credentialed; and

13 ‘‘(ii) submit to the Secretary the name

14 of each credentialed employee or volunteer of

15 such agency.

16 ‘‘(C) LEADERSHIP.—The Administrator

17 shall provide leadership, guidance, and technical

18 assistance to an agency described in subpara19 graph (A) to facilitate the credentialing process

20 of that agency.

21 ‘‘(5) DOCUMENTATION AND DATABASE SYSTEM.—

22 ‘‘(A) IN GENERAL.—Not later than 1 year

23 after the date of enactment of the Improving

24 America’s Security Act of 2007, the Adminis25 trator shall establish and maintain a docu-
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1 mentation and database system of Federal emer2 gency response providers and all other Federal

3 personnel credentialed to respond to a natural

4 disaster, act of terrorism, or other man-made

5 disaster.

6 ‘‘(B) ACCESSIBILITY.—The documentation

7 and database system established under subpara8 graph (1) shall be accessible to the Federal co9 ordinating officer and other appropriate officials

10 preparing for or responding to a natural dis11 aster, act of terrorism, or other man-made dis12 aster.

13 ‘‘(C) CONSIDERATIONS.—The Administrator

14 shall consider whether the credentialing system

15 can be used to regulate access to areas affected by

16 a natural disaster, act of terrorism, or other

17 man-made disaster.

18 ‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN19 MENTS.—Not later than 6 months after the date of en20 actment of the Improving America’s Security Act of

21 2007, the Administrator shall—

22 ‘‘(A) in collaboration with the administra23 tors of the Emergency Management Assistance

24 Compact, State, local, and tribal governments,

25 emergency response providers, and the organiza-
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1 tions that represent such providers, provide de2 tailed written guidance, assistance, and expertise

3 to State, local, and tribal governments to facili4 tate the credentialing of State, local, and tribal

5 emergency response providers commonly or likely

6 to be used in responding to a natural disaster,

7 act of terrorism, or other man-made disaster;

8 and

9 ‘‘(B) in coordination with the administra10 tors of the Emergency Management Assistance

11 Compact, State, local, and tribal governments,

12 emergency response providers (and the organiza13 tions that represent such providers), and appro14 priate national professional organizations, assist

15 State, local, and tribal governments with

16 credentialing the personnel of the State, local, or

17 tribal government under the guidance provided

18 under subparagraph (A).

19 ‘‘(7) REPORT.—Not later than 6 months after the

20 date of enactment of the Improving America’s Secu21 rity Act of 2007, and annually thereafter, the Admin22 istrator shall submit to the Committee on Homeland

23 Security and Governmental Affairs of the Senate and

24 the Committee on Homeland Security of the House of

25 Representatives a report describing the implementa-
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1 tion of this subsection, including the number and level

2 of qualification of Federal personnel trained and

3 ready to respond to a natural disaster, act of ter4 rorism, or other man-made disaster.

5 ‘‘(b) TYPING OF RESOURCES.—

6 ‘‘(1) DEFINITIONS.—In this subsection—

7 ‘‘(A) the term ‘typed’ means an asset or re8 source that has been evaluated for a specific

9 function under the guidelines created under this

10 section; and

11 ‘‘(B) the term ‘typing’ means to define in

12 detail the minimum capabilities of an asset or

13 resource.

14 ‘‘(2) REQUIREMENTS.—

15 ‘‘(A) IN GENERAL.—The Administrator

16 shall enter into a memorandum of understanding

17 with the administrators of the Emergency Man18 agement Assistance Compact, State, local, and

19 tribal governments, emergency response pro20 viders, and organizations that represent such

21 providers, to collaborate on establishing nation22 wide standards for typing of resources commonly

23 or likely to be used in responding to a natural

24 disaster, act of terrorism, or other man-made

25 disaster.
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1 ‘‘(B) CONTENTS.—The standards developed

2 under subparagraph (A) shall—

3 ‘‘(i) be applicable to Federal, State,

4 local, and tribal government; and

5 ‘‘(ii) be compatible with the National

6 Incident Management System.

7 ‘‘(3) TYPING OF DEPARTMENT RESOURCES AND

8 ASSETS.—Not later than 1 year after the date of en9 actment of the Improving America’s Security Act of

10 2007, the Secretary shall ensure that all resources and

11 assets of the Department that are commonly or likely

12 to be used to respond to a natural disaster, act of ter13 rorism, or other man-made disaster are typed.

14 ‘‘(4) INTEGRATION WITH NATIONAL RESPONSE

15 PLAN.—

16 ‘‘(A) DISTRIBUTION OF STANDARDS.—Not

17 later than 6 months after the date of enactment

18 of the Improving America’s Security Act of 2007,

19 the Administrator shall provide the standards

20 developed under paragraph (2) to all Federal

21 agencies that have responsibilities under the Na22 tional Response Plan.

23 ‘‘(B) TYPING OF AGENCIES, ASSETS, AND

24 RESOURCES.—Not later than 6 months after the

25 date on which the standards are provided under
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1 subparagraph (A), each agency described in sub2 paragraph (A) shall—

3 ‘‘(i) ensure that all resources and assets

4 (including teams, equipment, and other as5 sets) of that agency that are commonly or

6 likely to be used to respond to a natural

7 disaster, act of terrorism, or other man8 made disaster are typed; and

9 ‘‘(ii) submit to the Secretary a list of

10 all types resources and assets.

11 ‘‘(C) LEADERSHIP.—The Administrator

12 shall provide leadership, guidance, and technical

13 assistance to an agency described in subpara14 graph (A) to facilitate the typing process of that

15 agency.

16 ‘‘(5) DOCUMENTATION AND DATABASE SYSTEM.—

17 ‘‘(A) IN GENERAL.—Not later than 1 year

18 after the date of enactment of the Improving

19 America’s Security Act of 2007, the Adminis20 trator shall establish and maintain a docu21 mentation and database system of Federal re22 sources and assets commonly or likely to be used

23 to respond to a natural disaster, act of terrorism,

24 or other man-made disaster.
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1 ‘‘(B) ACCESSIBILITY.—The documentation

2 and database system established under subpara3 graph (A) shall be accessible to the Federal co4 ordinating officer and other appropriate officials

5 preparing for or responding to a natural dis6 aster, act of terrorism, or other man-made dis7 aster.

8 ‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN9 MENTS.—Not later than 6 months after the date of en10 actment of the Improving America’s Security Act of

11 2007, the Administrator, in collaboration with the ad12 ministrators of the Emergency Management Assist13 ance Compact, State, local, and tribal governments,

14 emergency response providers, and the organizations

15 that represent such providers, shall—

16 ‘‘(A) provide detailed written guidance, as17 sistance, and expertise to State, local, and tribal

18 governments to facilitate the typing of the re19 sources and assets of State, local, and tribal gov20 ernments likely to be used in responding to a

21 natural disaster, act of terrorism, or other man22 made disaster; and

23 ‘‘(B) assist State, local, and tribal govern24 ments with typing resources and assets of State,
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1 local, or tribal governments under the guidance

2 provided under subparagraph (A).

3 ‘‘(7) REPORT.—Not later than 6 months after the

4 date of enactment of the Improving America’s Secu5 rity Act of 2007, and annually thereafter, the Admin6 istrator shall submit to the Committee on Homeland

7 Security and Governmental Affairs of the Senate and

8 the Committee on Homeland Security of the House of

9 Representatives a report describing the implementa10 tion of this subsection, including the number and type

11 of Federal resources and assets ready to respond to a

12 natural disaster, act of terrorism, or other man-made

13 disaster.

14 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

15 authorized to be appropriated such sums as necessary to

16 carry out this section.’’; and

17 (2) by adding after section 522, as added by sec18 tion 803 of this Act, the following:

19 ‘‘SEC. 523. PROVIDING SECURE ACCESS TO CRITICAL INFRA20 STRUCTURE.

21 ‘‘Not later than 6 months after the date of enactment

22 of the Improving America’s Security Act of 2007, and in

23 coordination with appropriate national professional orga24 nizations, Federal, State, local, and tribal government

25 agencies, and private-sector and nongovernmental entities,
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1 the Administrator shall create model standards or guide2 lines that States may adopt in conjunction with critical

3 infrastructure owners and operators and their employees to

4 permit access to restricted areas in the event of a natural

5 disaster, act of terrorism, or other man-made disaster.’’.

6 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

7 table of contents in section 1(b) of the Homeland Security

8 Act of 2002 (6 U.S.C. 101(b)) is amended by inserting after

9 the item relating to section 522, as added by section 803

10 of this Act, the following:

‘‘Sec. 523. Providing secure access to critical infrastructure.’’.

11 TITLE XI—CRITICAL

12 INFRASTRUCTURE PROTECTION

13 SEC. 1101. CRITICAL INFRASTRUCTURE PROTECTION.

14 (a) CRITICAL INFRASTRUCTURE LIST.—Not later than

15 90 days after the date of enactment of this Act, and in co16 ordination with other initiatives of the Secretary relating

17 to critical infrastructure or key resource protection and

18 partnerships between the government and private sector, the

19 Secretary shall establish a risk-based prioritized list of crit20 ical infrastructure and key resources that—

21 (1) includes assets or systems that, if successfully

22 destroyed or disrupted through a terrorist attack or

23 natural catastrophe, would cause catastrophic na24 tional or regional impacts, including—

25 (A) significant loss of life;
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1 (B) severe economic harm;

2 (C) mass evacuations; or

3 (D) loss of a city, region, or sector of the

4 economy as a result of contamination, destruc5 tion, or disruption of vital public services; and

6 (2) reflects a cross-sector analysis of critical in7 frastructure to determine priorities for prevention,

8 protection, recovery, and restoration.

9 (b) SECTOR LISTS.—The Secretary shall include levees

10 in the Department’s list of critical infrastructure sectors.

11 (c) MAINTENANCE.—Each list created under this sec12 tion shall be reviewed and updated on an ongoing basis,

13 but at least annually.

14 (d) ANNUAL REPORT.—

15 (1) GENERALLY.—Not later than 120 days after

16 the date of enactment of this Act, and annually there17 after, the Secretary shall submit to the Committee on

18 Homeland Security and Governmental Affairs of the

19 Senate and the Committee on Homeland Security of

20 the House of Representatives a report summarizing—

21 (A) the criteria used to develop each list cre22 ated under this section;

23 (B) the methodology used to solicit and

24 verify submissions for each list;
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1 (C) the name, location, and sector classi2 fication of assets in each list created under this

3 section;

4 (D) a description of any additional lists or

5 databases the Department has developed to

6 prioritize critical infrastructure on the basis of

7 risk; and

8 (E) how each list developed under this sec9 tion will be used by the Secretary in program

10 activities, including grant making.

11 (2) CLASSIFIED INFORMATION.—

12 (A) IN GENERAL.—The Secretary shall sub13 mit with each report under this subsection a

14 classified annex containing information required

15 to be submitted under this subsection that cannot

16 be made public.

17 (B) RETENTION OF CLASSIFICATION.—The

18 classification of information required to be pro19 vided to Congress, the Department, or any other

20 department or agency under this section by a

21 sector-specific agency, including the assignment

22 of a level of classification of such information,

23 shall be binding on Congress, the Department,

24 and that other Federal agency.
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1 SEC. 1102. RISK ASSESSMENT AND REPORT.

2 (a) RISK ASSESSMENT.—

3 (1) IN GENERAL.—The Secretary, pursuant to

4 the responsibilities under section 202 of the Homeland

5 Security Act (6 U.S.C. 122), for each fiscal year be6 ginning with fiscal year 2007, shall prepare a risk

7 assessment of the critical infrastructure and key re8 sources of the Nation which shall—

9 (A) be organized by sector, including the

10 critical infrastructure sectors named in Home11 land Security Presidential Directive-7, as in ef12 fect on January 1, 2006; and

13 (B) contain any actions or countermeasures

14 proposed, recommended, or directed by the Sec15 retary to address security concerns covered in the

16 assessment.

17 (2) RELIANCE ON OTHER ASSESSMENTS.—In

18 preparing the assessments and reports under this sec19 tion, the Department may rely on a vulnerability as20 sessment or risk assessment prepared by another Fed21 eral agency that the Department determines is pre22 pared in coordination with other initiatives of the

23 Department relating to critical infrastructure or key

24 resource protection and partnerships between the gov25 ernment and private sector.

26 (b) REPORT.—
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1 (1) IN GENERAL.—Not later than 6 months after

2 the last day of fiscal year 2007 and for each year

3 thereafter, the Secretary shall submit a report to the

4 Committee on Homeland Security and Governmental

5 Affairs of the Senate and the Committee on Home6 land Security of the House of Representatives, and to

7 each Committee of the Senate and the House of Rep8 resentatives having jurisdiction over the critical in9 frastructure or key resource addressed by the report,

10 containing a summary and review of the risk assess11 ments prepared by the Secretary under this section

12 for that fiscal year, which shall be organized by sector

13 and which shall include recommendations of the Sec14 retary for mitigating risks identified by the assess15 ments.

16 ‘‘(2) CLASSIFIED INFORMATION.—

17 ‘‘(A) IN GENERAL.—The report under this

18 subsection may contain a classified annex.

19 ‘‘(B) RETENTION OF CLASSIFICATION.—The

20 classification of information required to be pro21 vided to Congress, the Department, or any other

22 department or agency under this section by a

23 sector-specific agency, including the assignment

24 of a level of classification of such information,
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1 shall be binding on Congress, the Department,

2 and that other Federal agency.’’.

3 SEC. 1103. USE OF EXISTING CAPABILITIES.

4 Where appropriate, the Secretary shall use the Na5 tional Infrastructure Simulation and Analysis Center to

6 carry out the actions required under this title.

7 SEC. 1104. PRIORITIES AND ALLOCATIONS.

8 Not later than 6 months after the last day of fiscal

9 year 2007, and for each year thereafter, the Secretary, in

10 cooperation with the Secretary of Commerce, the Secretary

11 of Transportation, the Secretary of Defense, and the Sec12 retary of Energy shall submit to the Committee on Banking,

13 Housing, and Urban Affairs and the Committee on Home14 land Security and Governmental Affairs of the Senate and

15 the Committee on Financial Services and the Committee

16 on Homeland Security of the House of Representatives a

17 report that details the actions taken by the Federal Govern18 ment to ensure, in accordance with subsections (a) and (c)

19 of section 101 of the Defense Production Act of 1950 (50

20 U.S.C. App. 2071), the preparedness of industry—

21 (1) to reduce interruption of critical infrastruc22 ture operations during a terrorist attack, natural ca23 tastrophe, or other similar national emergency; and

24 (2) to minimize the impact of such catastrophes,

25 as so described in section 1001(a)(1).
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1 TITLE XII—CONGRESSIONAL

2 OVERSIGHT OF INTELLIGENCE

3 SEC. 1201. AVAILABILITY TO PUBLIC OF CERTAIN INTEL4 LIGENCE FUNDING INFORMATION.

5 (a) AMOUNTS REQUESTED EACH FISCAL YEAR.—The

6 President shall disclose to the public for each fiscal year

7 after fiscal year 2007 the aggregate amount of appropria8 tions requested in the budget of the President for such fiscal

9 year for the National Intelligence Program.

10 (b) AMOUNTS AUTHORIZED AND APPROPRIATED EACH

11 FISCAL YEAR.—Congress shall disclose to the public for

12 each fiscal year after fiscal year 2007 the aggregate amount

13 of funds authorized to be appropriated, and the aggregate

14 amount of funds appropriated, by Congress for such fiscal

15 year for the National Intelligence Program.

16 (c) STUDY ON DISCLOSURE OF ADDITIONAL INFORMA17 TION.—

18 (1) IN GENERAL.—The Director of National In19 telligence shall conduct a study to assess the advis20 ability of disclosing to the public amounts as follows:

21 (A) The aggregate amount of appropria22 tions requested in the budget of the President for

23 each fiscal year for each element of the intel24 ligence community.
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1 (B) The aggregate amount of funds author2 ized to be appropriated, and the aggregate

3 amount of funds appropriated, by Congress for

4 each fiscal year for each element of the intel5 ligence community.

6 (2) REQUIREMENTS.—The study required by

7 paragraph (1) shall—

8 (A) address whether or not the disclosure to

9 the public of the information referred to in that

10 paragraph would harm the national security of

11 the United States; and

12 (B) take into specific account concerns re13 lating to the disclosure of such information for

14 each element of the intelligence community.

15 (3) REPORT.—Not later than 180 days after the

16 date of enactment of this Act, the Director shall sub17 mit to Congress a report on the study required by

18 paragraph (1).

19 (d) DEFINITIONS.—In this section—

20 (1) the term ‘‘element of the intelligence commu21 nity’’ means an element of the intelligence community

22 specified in or designated under section 3(4) of the

23 National Security Act of 1947 (50 U.S.C. 401a(4));

24 and
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1 (2) the term ‘‘National Intelligence Program’’

2 has the meaning given that term in section 3(6) of the

3 National Security Act of 1947 (50 U.S.C. 401a(6)).

4 SEC. 1202. RESPONSE OF INTELLIGENCE COMMUNITY TO

5 REQUESTS FROM CONGRESS.

6 (a) RESPONSE OF INTELLIGENCE COMMUNITY TO RE7 QUESTS FROM CONGRESS FOR INTELLIGENCE DOCUMENTS

8 AND INFORMATION.—Title V of the National Security Act

9 of 1947 (50 U.S.C. 413 et seq.) is amended by adding at

10 the end the following new section:

11 ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS

12 FROM CONGRESS FOR INTELLIGENCE DOCUMENTS AND

13 INFORMATION

14 ‘‘SEC. 508. (a) REQUESTS OF COMMITTEES.—The Di15 rector of the National Counterterrorism Center, the Director

16 of a national intelligence center, or the head of any depart17 ment, agency, or element of the intelligence community

18 shall, not later than 15 days after receiving a request for

19 any intelligence assessment, report, estimate, legal opinion,

20 or other intelligence information from the Select Committee

21 on Intelligence of the Senate, the Permanent Select Com22 mittee on Intelligence of the House of Representatives, or

23 any other committee of Congress with jurisdiction over the

24 subject matter to which information in such assessment, re25 port, estimate, legal opinion, or other information relates,

26 make available to such committee such assessment, report,
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1 estimate, legal opinion, or other information, as the case

2 may be.

3 ‘‘(b) REQUESTS OF CERTAIN MEMBERS.—(1) The Di4 rector of the National Counterterrorism Center, the Director

5 of a national intelligence center, or the head of any depart6 ment, agency, or element of the intelligence community shall

7 respond, in the time specified in subsection (a), to a request

8 described in that subsection from the Chairman or Vice

9 Chairman of the Select Committee on Intelligence of the

10 Senate or the Chairman or Ranking Member of the Perma11 nent Select Committee on Intelligence of the House of Rep12 resentatives.

13 ‘‘(2) Upon making a request covered by paragraph

14 (1)—

15 ‘‘(A) the Chairman or Vice Chairman, as the

16 case may be, of the Select Committee on Intelligence

17 of the Senate shall notify the other of the Chairman

18 or Vice Chairman of such request; and

19 ‘‘(B) the Chairman or Ranking Member, as the

20 case may be, of the Permanent Select Committee on

21 Intelligence of the House of Representatives shall no22 tify the other of the Chairman or Ranking Member of

23 such request.

24 ‘‘(c) ASSERTION OF PRIVILEGE.—In response to a re25 quest covered by subsection (a) or (b), the Director of the
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1 National Counterterrorism Center, the Director of a na2 tional intelligence center, or the head of any department,

3 agency, or element of the intelligence community shall pro4 vide the document or information covered by such request

5 unless the President certifies that such document or infor6 mation is not being provided because the President is as7 serting a privilege pursuant to the Constitution of the

8 United States.

9 ‘‘(d) INDEPENDENT TESTIMONY OF INTELLIGENCE OF10 FICIALS.—No officer, department, agency, or element with11 in the Executive branch shall have any authority to require

12 the head of any department, agency, or element of the intel13 ligence community, or any designate of such a head—

14 ‘‘(1) to receive permission to testify before Con15 gress; or

16 ‘‘(2) to submit testimony, legislative rec17 ommendations, or comments to any officer or agency

18 of the Executive branch for approval, comments, or

19 review prior to the submission of such recommenda20 tions, testimony, or comments to Congress if such tes21 timony, legislative recommendations, or comments in22 clude a statement indicating that the views expressed

23 therein are those of the head of the department, agen24 cy, or element of the intelligence community that is
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1 making the submission and do not necessarily rep2 resent the views of the Administration.’’.

3 (b) DISCLOSURES OF CERTAIN INFORMATION TO CON4 GRESS.—Title V of the National Security Act of 1947 (50

5 U.S.C. 413 et seq.), as amended by subsection (a), is amend6 ed by adding at the end the following new section:

7 ‘‘DISCLOSURES TO CONGRESS

8 ‘‘SEC. 509. (a) AUTHORITY TO DISCLOSE CERTAIN IN9 FORMATION.—An employee of a covered agency or an em10 ployee of a contractor carrying out activities pursuant to

11 a contract with a covered agency may disclose covered infor12 mation to an authorized individual without first reporting

13 such information to the appropriate Inspector General.

14 ‘‘(b) AUTHORIZED INDIVIDUAL.—(1) In this section,

15 the term ‘authorized individual’ means—

16 ‘‘(A) a Member of the Senate or the House of

17 Representatives who is authorized to receive informa18 tion of the type disclosed; or

19 ‘‘(B) an employee of the Senate or the House of

20 Representatives who—

21 ‘‘(i) has an appropriate security clearance;

22 and

23 ‘‘(ii) is authorized to receive information of

24 the type disclosed.

25 ‘‘(2) An authorized individual described in paragraph

26 (1) to whom covered information is disclosed under the au-
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1 thority in subsection (a) shall be presumed to have a need

2 to know such covered information.

3 ‘‘(c) COVERED AGENCY AND COVERED INFORMATION

4 DEFINED.—In this section:

5 ‘‘(1) The term ‘covered agency’ means—

6 ‘‘(A) any department, agency, or element of

7 the intelligence community;

8 ‘‘(B) a national intelligence center; and

9 ‘‘(C) any other Executive agency, or element

10 or unit thereof, determined by the President

11 under section 2302(a)(2)(C)(ii) of title 5, United

12 States Code, to have as its principal function the

13 conduct of foreign intelligence or counterintel14 ligence activities.

15 ‘‘(2) The term ‘covered information’—

16 ‘‘(A) means information, including classi17 fied information, that an employee referred to in

18 subsection (a) reasonably believes provides direct

19 and specific evidence of a false or inaccurate

20 statement—

21 ‘‘(i) made to Congress; or

22 ‘‘(ii) contained in any intelligence as23 sessment, report, or estimate; and
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1 ‘‘(B) does not include information the dis2 closure of which is prohibited by rule 6(e) of the

3 Federal Rules of Criminal Procedure.

4 ‘‘(d) CONSTRUCTION WITH OTHER REPORTING RE5 QUIREMENTS.—Nothing in this section may be construed to

6 modify, alter, or otherwise affect—

7 ‘‘(1) any reporting requirement relating to intel8 ligence activities that arises under this Act or any

9 other provision of law; or

10 ‘‘(2) the right of any employee of the United

11 States to disclose information to Congress, in accord12 ance with applicable law, information other than cov13 ered information.’’.

14 (c) CLERICAL AMENDMENT.—The table of contents in

15 the first section of that Act is amended by inserting after

16 the item relating to section 507 the following new items:

‘‘Sec. 508. Response of intelligence community to requests from Congress for intelligence documents and information.

‘‘Sec. 509. Disclosures to Congress.’’.

17 SEC. 1203. PUBLIC INTEREST DECLASSIFICATION BOARD.

18 The Public Interest Declassification Act of 2000 (50

19 U.S.C. 435 note) is amended—

20 (1) in section 704(e)—

21 (A) by striking ‘‘If requested’’ and inserting

22 the following:

23 ‘‘(1) IN GENERAL.—If requested’’; and

24 (B) by adding at the end the following:
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1 ‘‘(2) AUTHORITY OF BOARD.—Upon receiving a

2 congressional request described in section 703(b)(5),

3 the Board may conduct the review and make the rec4 ommendations described in that section, regardless of

5 whether such a review is requested by the President.

6 ‘‘(3) REPORTING.—Any recommendations sub7 mitted to the President by the Board under section

8 703(b)(5), shall be submitted to the chairman and

9 ranking member of the committee of Congress that

10 made the request relating to such recommendations.’’;

11 and

12 (2) in section 710(b), by striking ‘‘8 years after

13 the date of the enactment of this Act’’ and inserting

14 ‘‘on December 31, 2012’’.

15 SEC. 1204. SENSE OF THE SENATE REGARDING A REPORT

16 ON THE 9/11 COMMISSION RECOMMENDA17 TIONS WITH RESPECT TO INTELLIGENCE RE18 FORM AND CONGRESSIONAL INTELLIGENCE

19 OVERSIGHT REFORM.

20 (a) FINDINGS.—Congress makes the following findings:

21 (1) The National Commission on Terrorist At22 tacks Upon the United States (referred to in this sec23 tion as the ‘‘9/11 Commission’’) conducted a lengthy

24 review of the facts and circumstances relating to the

25 terrorist attacks of September 11, 2001, including
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1 those relating to the intelligence community, law en2 forcement agencies, and the role of congressional over3 sight and resource allocation.

4 (2) In its final report, the 9/11 Commission

5 found that—

6 (A) congressional oversight of the intel7 ligence activities of the United States is dysfunc8 tional;

9 (B) under the rules of the Senate and the

10 House of Representatives in effect at the time the

11 report was completed, the committees of Congress

12 charged with oversight of the intelligence activi13 ties lacked the power, influence, and sustained

14 capability to meet the daunting challenges faced

15 by the intelligence community of the United

16 States;

17 (C) as long as such oversight is governed by

18 such rules of the Senate and the House of Rep19 resentatives, the people of the United States will

20 not get the security they want and need;

21 (D) a strong, stable, and capable congres22 sional committee structure is needed to give the

23 intelligence community of the United States ap24 propriate oversight, support, and leadership; and
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1 (E) the reforms recommended by the 9/11

2 Commission in its final report will not succeed

3 if congressional oversight of the intelligence com4 munity in the United States is not changed.

5 (3) The 9/11 Commission recommended struc6 tural changes to Congress to improve the oversight of

7 intelligence activities.

8 (4) Congress has enacted some of the rec9 ommendations made by the 9/11 Commission and is

10 considering implementing additional recommenda11 tions of the 9/11 Commission.

12 (5) The Senate adopted Senate Resolution 445 in

13 the 108th Congress to address some of the intelligence

14 oversight recommendations of the 9/11 Commission by

15 abolishing term limits for the members of the Select

16 Committee on Intelligence, clarifying jurisdiction for

17 intelligence-related nominations, and streamlining

18 procedures for the referral of intelligence-related legis19 lation, but other aspects of the 9/11 Commission rec20 ommendations regarding intelligence oversight have

21 not been implemented.

22 (b) SENSE OF THE SENATE.—It is the sense of the Sen23 ate that the Committee on Homeland Security and Govern24 mental Affairs and the Select Committee on Intelligence of

25 the Senate each, or jointly, should—
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1 (1) undertake a review of the recommendations

2 made in the final report of the 9/11 Commission with

3 respect to intelligence reform and congressional intel4 ligence oversight reform;

5 (2) review and consider any other suggestions,

6 options, or recommendations for improving intel7 ligence oversight; and

8 (3) not later than December 21, 2007, submit to

9 the Senate a report that includes the recommenda10 tions of the Committee, if any, for carrying out such

11 reforms.

12 SEC. 1205. AVAILABILITY OF FUNDS FOR THE PUBLIC IN13 TEREST DECLASSIFICATION BOARD.

14 Section 21067 of the Continuing Appropriations Reso15 lution, 2007 (division B of Public Law 109–289; 120 Stat.

16 1311), as amended by Public Law 109–369 (120 Stat.

17 2642), Public Law 109–383 (120 Stat. 2678), and Public

18 Law 110–5, is amended by adding at the end the following

19 new subsection:

20 ‘‘(c) From the amount provided by this section, the Na21 tional Archives and Records Administration may obligate

22 monies necessary to carry out the activities of the Public

23 Interest Declassification Board.’’.
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1 SEC. 1206. AVAILABILITY OF THE EXECUTIVE SUMMARY OF

2 THE REPORT ON CENTRAL INTELLIGENCE

3 AGENCY ACCOUNTABILITY REGARDING THE

4 TERRORIST ATTACKS OF SEPTEMBER 11, 2001.

5 (a) PUBLIC AVAILABILITY.—Not later than 30 days

6 after the date of the enactment of this Act, the Director of

7 the Central Intelligence Agency shall prepare and make

8 available to the public a version of the Executive Summary

9 of the report entitled the ‘‘Office of Inspector General Report

10 on Central Intelligence Agency Accountability Regarding

11 Findings and Conclusions of the Joint Inquiry into Intel12 ligence Community Activities Before and After the Terrorist

13 Attacks of September 11, 2001’’ issued in June 2005 that

14 is declassified to the maximum extent possible, consistent

15 with national security.

16 (b) REPORT TO CONGRESS.—The Director of the Cen17 tral Intelligence Agency shall submit to Congress a classi18 fied annex to the redacted Executive Summary made avail19 able under subsection (a) that explains the reason that any

20 redacted material in the Executive Summary was withheld

21 from the public.
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1 TITLE XIII—INTERNATIONAL CO2 OPERATION ON ANTITER3 RORISM TECHNOLOGIES

4 SEC. 1301. PROMOTING ANTITERRORISM CAPABILITIES

5 THROUGH INTERNATIONAL COOPERATION.

6 (a) FINDINGS.—The Congress finds the following:

7 (1) The development and implementation of tech8 nology is critical to combating terrorism and other

9 high consequence events and implementing a com10 prehensive homeland security strategy.

11 (2) The United States and its allies in the global

12 war on terrorism share a common interest in facili13 tating research, development, testing, and evaluation

14 of equipment, capabilities, technologies, and services

15 that will aid in detecting, preventing, responding to,

16 recovering from, and mitigating against acts of ter17 rorism.

18 (3) Certain United States allies in the global

19 war on terrorism, including Israel, the United King20 dom, Canada, Australia, and Singapore have exten21 sive experience with, and technological expertise in,

22 homeland security.

23 (4) The United States and certain of its allies in

24 the global war on terrorism have a history of success25 ful collaboration in developing mutually beneficial
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1 equipment, capabilities, technologies, and services in

2 the areas of defense, agriculture, and telecommuni3 cations.

4 (5) The United States and its allies in the global

5 war on terrorism will mutually benefit from the shar6 ing of technological expertise to combat domestic and

7 international terrorism.

8 (6) The establishment of an office to facilitate

9 and support cooperative endeavors between and

10 among government agencies, for-profit business enti11 ties, academic institutions, and nonprofit entities of

12 the United States and its allies will safeguard lives

13 and property worldwide against acts of terrorism and

14 other high consequence events.

15 (b) PROMOTING ANTITERRORISM THROUGH INTER16 NATIONAL COOPERATION ACT.—

17 (1) IN GENERAL.—The Homeland Security Act

18 of 2002 is amended by inserting after section 316, as

19 added by section 701 of this Act, the following:

20 ‘‘SEC. 317. PROMOTING ANTITERRORISM THROUGH INTER21 NATIONAL COOPERATION PROGRAM.

22 ‘‘(a) DEFINITIONS.—In this section:

23 ‘‘(1) DIRECTOR.—The term ‘Director’ means the

24 Director selected under subsection (b)(2).
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1 ‘‘(2) INTERNATIONAL COOPERATIVE ACTIVITY.—

2 The term ‘international cooperative activity’

3 includes—

4 ‘‘(A) coordinated research projects, joint re5 search projects, or joint ventures;

6 ‘‘(B) joint studies or technical demonstra7 tions;

8 ‘‘(C) coordinated field exercises, scientific

9 seminars, conferences, symposia, and workshops;

10 ‘‘(D) training of scientists and engineers;

11 ‘‘(E) visits and exchanges of scientists, engi12 neers, or other appropriate personnel;

13 ‘‘(F) exchanges or sharing of scientific and

14 technological information; and

15 ‘‘(G) joint use of laboratory facilities and

16 equipment.

17 ‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SECU18 RITY INTERNATIONAL COOPERATIVE PROGRAMS OFFICE.—

19 ‘‘(1) ESTABLISHMENT.—The Under Secretary

20 shall establish the Science and Technology Homeland

21 Security International Cooperative Programs Office.

22 ‘‘(2) DIRECTOR.—The Office shall be headed by

23 a Director, who—

24 ‘‘(A) shall be selected (in consultation with

25 the Assistant Secretary for International Affairs,
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1 Policy Directorate) by and shall report to the

2 Under Secretary; and

3 ‘‘(B) may be an officer of the Department

4 serving in another position.

5 ‘‘(3) RESPONSIBILITIES.—

6 ‘‘(A) DEVELOPMENT OF MECHANISMS.—The

7 Director shall be responsible for developing, in

8 coordination with the Department of State, the

9 Department of Defense, the Department of En10 ergy, and other Federal agencies, mechanisms

11 and legal frameworks to allow and to support

12 international cooperative activity in support of

13 homeland security research.

14 ‘‘(B) PRIORITIES.—The Director shall be re15 sponsible for developing, in coordination with the

16 Directorate of Science and Technology, the other

17 components of the Department (including the Of18 fice of the Assistant Secretary for International

19 Affairs, Policy Directorate), the Department of

20 State, the Department of Defense, the Depart21 ment of Energy, and other Federal agencies,

22 strategic priorities for international cooperative

23 activity.

24 ‘‘(C) ACTIVITIES.—The Director shall facili25 tate the planning, development, and implementa-
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1 tion of international cooperative activity to ad2 dress the strategic priorities developed under sub3 paragraph (B) through mechanisms the Under

4 Secretary considers appropriate, including

5 grants, cooperative agreements, or contracts to or

6 with foreign public or private entities, govern7 mental organizations, businesses, federally fund8 ed research and development centers, and univer9 sities.

10 ‘‘(D) IDENTIFICATION OF PARTNERS.—The

11 Director shall facilitate the matching of United

12 States entities engaged in homeland security re13 search with non-United States entities engaged

14 in homeland security research so that they may

15 partner in homeland security research activities.

16 ‘‘(4) COORDINATION.—The Director shall ensure

17 that the activities under this subsection are coordi18 nated with the Office of International Affairs and the

19 Department of State, the Department of Defense, the

20 Department of Energy, and other relevant Federal

21 agencies or interagency bodies. The Director may

22 enter into joint activities with other Federal agencies.

23 ‘‘(c) MATCHING FUNDING.—

24 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) EQUITABILITY.—The Director shall en2 sure that funding and resources expended in

3 international cooperative activity will be equi4 tably matched by the foreign partner government

5 or other entity through direct funding, funding

6 of complementary activities, or through the pro7 vision of staff, facilities, material, or equipment.

8 ‘‘(B) GRANT MATCHING AND REPAYMENT.—

9 ‘‘(i) IN GENERAL.—The Secretary may

10 require a recipient of a grant under this

11 section—

12 ‘‘(I) to make a matching contribu13 tion of not more than 50 percent of the

14 total cost of the proposed project for

15 which the grant is awarded; and

16 ‘‘(II) to repay to the Secretary the

17 amount of the grant (or a portion

18 thereof), interest on such amount at an

19 appropriate rate, and such charges for

20 administration of the grant as the Sec21 retary determines appropriate.

22 ‘‘(ii) MAXIMUM AMOUNT.—The Sec23 retary may not require that repayment

24 under clause (i)(II) be more than 150 per25 cent of the amount of the grant, adjusted for
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1 inflation on the basis of the Consumer Price

2 Index.

3 ‘‘(2) FOREIGN PARTNERS.—Partners may in4 clude Israel, the United Kingdom, Canada, Australia,

5 Singapore, and other allies in the global war on ter6 rorism, as determined by the Secretary of State.

7 ‘‘(d) FUNDING.—Funding for all activities under this

8 section shall be paid from discretionary funds appropriated

9 to the Department.

10 ‘‘(e) FOREIGN REIMBURSEMENTS.—If the Science and

11 Technology Homeland Security International Cooperative

12 Programs Office participates in an international coopera13 tive activity with a foreign partner on a cost-sharing basis,

14 any reimbursements or contributions received from that for15 eign partner to meet the share of that foreign partner of

16 the project may be credited to appropriate appropriations

17 accounts of the Directorate of Science and Technology.’’.

18 (2) TECHNICAL AND CONFORMING AMEND19 MENT.—The table of contents in section 1(b) of the

20 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)

21 is amended by adding after the item relating to sec22 tion 316, as added by section 701 of this Act, the fol23 lowing:

‘‘Sec. 317. Promoting antiterrorism through international cooperation program.’’.
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1 SEC. 1302. TRANSPARENCY OF FUNDS.

2 For each Federal award (as that term is defined in

3 section 2 of the Federal Funding Accountability and Trans4 parency Act of 2006 (31 U.S.C. 6101 note)) under this title

5 or an amendment made by this title, the Director of the

6 Office of Management and Budget shall ensure full and

7 timely compliance with the requirements of the Federal

8 Funding Accountability and Transparency Act of 2006 (31

9 U.S.C. 6101 note).

10 TITLE XIV—TRANSPORTATION

11 AND INTEROPERABLE COM12 MUNICATION CAPABILITIES

13 SEC. 1401. SHORT TITLE.

14 This title may be cited as the ‘‘Transportation Secu15 rity and Interoperable Communication Capabilities Act’’.

16 Subtitle A—Surface Transportation

17 and Rail Security

18 SEC. 1411. DEFINITION.

19 In this title, the term ‘‘high hazard materials’’ means

20 quantities of poison inhalation hazard materials, Class 2.3

21 gases, Class 6.1 materials, anhydrous ammonia, and other

22 hazardous materials that the Secretary, in consultation

23 with the Secretary of Transportation, determines pose a se24 curity risk.
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1 PART I—IMPROVED RAIL SECURITY

2 SEC. 1421. RAIL TRANSPORTATION SECURITY RISK ASSESS3 MENT.

4 (a) IN GENERAL.—

5 (1) RISK ASSESSMENT.—The Secretary shall es6 tablish a task force, including the Transportation Se7 curity Administration and other agencies within the

8 Department, the Department of Transportation, and

9 other appropriate Federal agencies, to complete a risk

10 assessment of freight and passenger rail transpor11 tation (encompassing railroads, as that term is de12 fined in section 20102(1) of title 49, United States

13 Code). The assessment shall include—

14 (A) a methodology for conducting the risk

15 assessment, including timelines, that addresses

16 how the Department of Homeland Security will

17 work with the entities described in subsection (b)

18 and make use of existing Federal expertise with19 in the Department of Homeland Security, the

20 Department of Transportation, and other appro21 priate agencies;

22 (B) identification and evaluation of critical

23 assets and infrastructures;

24 (C) identification of risks to those assets

25 and infrastructures;
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1 (D) identification of risks that are specific

2 to the transportation of hazardous materials via

3 railroad;

4 (E) identification of risks to passenger and

5 cargo security, transportation infrastructure (in6 cluding rail tunnels used by passenger and

7 freight railroads in high threat urban areas),

8 protection systems, operations, communications

9 systems, employee training, emergency response

10 planning, and any other area identified by the

11 assessment;

12 (F) an assessment of public and private

13 operational recovery plans to expedite, to the

14 maximum extent practicable, the return of an

15 adversely affected freight or passenger rail trans16 portation system or facility to its normal per17 formance level after a major terrorist attack or

18 other security event on that system or facility;

19 and

20 (G) an account of actions taken or planned

21 by both public and private entities to address

22 identified rail security issues and assess the effec23 tive integration of such actions.

24 (2) RECOMMENDATIONS.—Based on the assess25 ment conducted under paragraph (1), the Secretary,
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1 in consultation with the Secretary of Transportation,

2 shall develop prioritized recommendations for improv3 ing rail security, including any recommendations the

4 Secretary has for—

5 (A) improving the security of rail tunnels,

6 rail bridges, rail switching and car storage

7 areas, other rail infrastructure and facilities, in8 formation systems, and other areas identified by

9 the Secretary as posing significant rail-related

10 risks to public safety and the movement of inter11 state commerce, taking into account the impact

12 that any proposed security measure might have

13 on the provision of rail service or on operations

14 served or otherwise affected by rail service;

15 (B) deploying equipment and personnel to

16 detect security threats, including those posed by

17 explosives and hazardous chemical, biological,

18 and radioactive substances, and any appropriate

19 countermeasures;

20 (C) training appropriate railroad or rail21 road shipper employees in terrorism prevention,

22 preparedness, passenger evacuation, and response

23 activities;

24 (D) conducting public outreach campaigns

25 on passenger railroads regarding security;
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1 (E) deploying surveillance equipment;

2 (F) identifying the immediate and long3 term costs of measures that may be required to

4 address those risks; and

5 (G) public and private sector sources to

6 fund such measures.

7 (3) PLANS.—The report required by subsection

8 (c) shall include—

9 (A) a plan, developed in consultation with

10 the freight and intercity passenger railroads, and

11 State and local governments, for the Federal

12 Government to provide adequate security support

13 at high or severe threat levels of alert;

14 (B) a plan for coordinating existing and

15 planned rail security initiatives undertaken by

16 the public and private sectors; and

17 (C) a contingency plan, developed in coordi18 nation with freight and intercity and commuter

19 passenger railroads, to ensure the continued

20 movement of freight and passengers in the event

21 of an attack affecting the railroad system, which

22 shall contemplate—

23 (i) the possibility of rerouting traffic

24 due to the loss of critical infrastructure,
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1 such as a bridge, tunnel, yard, or station;

2 and

3 (ii) methods of continuing railroad

4 service in the Northeast Corridor in the

5 event of a commercial power loss, or catas6 trophe affecting a critical bridge, tunnel,

7 yard, or station.

8 (b) CONSULTATION; USE OF EXISTING RESOURCES.—

9 In carrying out the assessment and developing the rec10 ommendations and plans required by subsection (a), the

11 Secretary shall consult with rail management, rail labor,

12 owners or lessors of rail cars used to transport hazardous

13 materials, first responders, offerers of hazardous materials,

14 public safety officials, and other relevant parties. In devel15 oping the risk assessment required under this section, the

16 Secretary shall utilize relevant existing risk assessments de17 veloped by the Department or other Federal agencies, and,

18 as appropriate, assessments developed by other public and

19 private stakeholders.

20 (c) REPORT.—

21 (1) CONTENTS.—Within 1 year after the date of

22 enactment of this Act, the Secretary shall transmit to

23 the Committee on Commerce, Science, and Transpor24 tation of the Senate, and the Committee on Transpor25 tation and Infrastructure and the Committee on
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1 Homeland Security of the House of Representatives a

2 report containing—

3 (A) the assessment, prioritized recommenda4 tions, and plans required by subsection (a); and

5 (B) an estimate of the cost to implement

6 such recommendations.

7 (2) FORMAT.—The Secretary may submit the re8 port in both classified and redacted formats if the

9 Secretary determines that such action is appropriate

10 or necessary.

11 (d) ANNUAL UPDATES.—The Secretary, in consulta12 tion with the Secretary of Transportation, shall update the

13 assessment and recommendations each year and transmit

14 a report, which may be submitted in both classified and

15 redacted formats, to the Committees named in subsection

16 (c)(1), containing the updated assessment and recommenda17 tions.

18 (e) FUNDING.—Out of funds appropriated pursuant to

19 section 114(w) of title 49, United States Code, as amended

20 by section 1437 of this title, there shall be made available

21 to the Secretary to carry out this section $5,000,000 for fis22 cal year 2008.

23 SEC. 1422. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

24 (a) IN GENERAL.—
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1 (1) GRANTS.—Subject to subsection (c) the Sec2 retary, in consultation with the Assistant Secretary of

3 Homeland Security (Transportation Security Admin4 istration), is authorized to make grants to Amtrak in

5 accordance with the provisions of this section.

6 (2) GENERAL PURPOSES.—The Secretary may

7 make such grants for the purposes of—

8 (A) protecting underwater and underground

9 assets and systems;

10 (B) protecting high risk and high con11 sequence assets identified through system-wide

12 risk assessments;

13 (C) providing counter-terrorism training;

14 (D) providing both visible and unpredict15 able deterrence; and

16 (E) conducting emergency preparedness

17 drills and exercises.

18 (3) SPECIFIC PROJECTS.—The Secretary shall

19 make such grants—

20 (A) to secure major tunnel access points

21 and ensure tunnel integrity in New York, New

22 Jersey, Maryland, and Washington, DC;

23 (B) to secure Amtrak trains;

24 (C) to secure Amtrak stations;
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1 (D) to obtain a watch list identification

2 system approved by the Secretary;

3 (E) to obtain train tracking and interoper4 able communications systems that are coordi5 nated to the maximum extent possible;

6 (F) to hire additional police officers, special

7 agents, security officers, including canine units,

8 and to pay for other labor costs directly associ9 ated with security and terrorism prevention ac10 tivities;

11 (G) to expand emergency preparedness ef12 forts; and

13 (H) for employee security training.

14 (b) CONDITIONS.—The Secretary of Transportation

15 shall disburse funds to Amtrak provided under subsection

16 (a) for projects contained in a systemwide security plan

17 approved by the Secretary. Amtrak shall develop the secu18 rity plan in consultation with constituent States and other

19 relevant parties. The plan shall include appropriate meas20 ures to address security awareness, emergency response, and

21 passenger evacuation training and shall be consistent with

22 State security plans to the maximum extent practicable.

23 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The Sec24 retary shall ensure that, subject to meeting the highest secu25 rity needs on Amtrak’s entire system and consistent with
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1 the risk assessment required under section 1421, stations

2 and facilities located outside of the Northeast Corridor re3 ceive an equitable share of the security funds authorized by

4 this section.

5 (d) AVAILABILITY OF FUNDS.—

6 (1) IN GENERAL.—Out of funds appropriated

7 pursuant to section 114(w) of title 49, United States

8 Code, as amended by section 1437 of this title, there

9 shall be made available to the Secretary and the As10 sistant Secretary of Homeland Security (Transpor11 tation Security Administration) to carry out this

12 section—

13 (A) $63,500,000 for fiscal year 2008;

14 (B) $30,000,000 for fiscal year 2009; and

15 (C) $30,000,000 for fiscal year 2010.

16 (2) AVAILABILITY OF APPROPRIATED FUNDS.—

17 Amounts appropriated pursuant to paragraph (1)

18 shall remain available until expended.

19 SEC. 1423. FIRE AND LIFE-SAFETY IMPROVEMENTS.

20 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans21 portation, in consultation with the Secretary, is authorized

22 to make grants to Amtrak for the purpose of making fire

23 and life-safety improvements to Amtrak tunnels on the

24 Northeast Corridor in New York, New Jersey, Maryland,

25 and Washington, DC.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Out of

2 funds appropriated pursuant to section 1437(b) of this title,

3 there shall be made available to the Secretary of Transpor4 tation for the purposes of carrying out subsection (a) the

5 following amounts:

6 (1) For the 6 New York and New Jersey tunnels

7 to provide ventilation, electrical, and fire safety tech8 nology upgrades, emergency communication and

9 lighting systems, and emergency access and egress for

10 passengers—

11 (A) $100,000,000 for fiscal year 2008;

12 (B) $100,000,000 for fiscal year 2009;

13 (C) $100,000,000 for fiscal year 2010; and

14 (D) $100,000,000 for fiscal year 2011.

15 (2) For the Baltimore & Potomac tunnel and the

16 Union tunnel, together, to provide adequate drainage,

17 ventilation, communication, lighting, and passenger

18 egress upgrades—

19 (A) $10,000,000 for fiscal year 2008;

20 (B) $10,000,000 for fiscal year 2009;

21 (C) $10,000,000 for fiscal year 2010; and

22 (D) $10,000,000 for fiscal year 2011.

23 (3) For the Washington, DC, Union Station tun24 nels to improve ventilation, communication, lighting,

25 and passenger egress upgrades—
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1 (A) $8,000,000 for fiscal year 2008;

2 (B) $8,000,000 for fiscal year 2009;

3 (C) $8,000,000 for fiscal year 2010; and

4 (D) $8,000,000 for fiscal year 2011.

5 (c) INFRASTRUCTURE UPGRADES.—Out of funds ap6 propriated pursuant to section 1437(b) of this title, there

7 shall be made available to the Secretary of Transportation

8 for fiscal year 2008 $3,000,000 for the preliminary design

9 of options for a new tunnel on a different alignment to aug10 ment the capacity of the existing Baltimore tunnels.

11 (d) AVAILABILITY OF APPROPRIATED FUNDS.—

12 Amounts made available pursuant to this section shall re13 main available until expended.

14 (e) PLANS REQUIRED.—The Secretary of Transpor15 tation may not make amounts available to Amtrak for obli16 gation or expenditure under subsection (a)—

17 (1) until Amtrak has submitted to the Secretary,

18 and the Secretary has approved, an engineering and

19 financial plan for such projects; and

20 (2) unless, for each project funded pursuant to

21 this section, the Secretary has approved a project

22 management plan prepared by Amtrak addressing

23 appropriate project budget, construction schedule, re24 cipient staff organization, document control and

25 record keeping, change order procedure, quality con-
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1 trol and assurance, periodic plan updates, and peri2 odic status reports.

3 (f) REVIEW OF PLANS.—

4 (1) IN GENERAL.—The Secretary of Transpor5 tation shall complete the review of the plans required

6 by paragraphs (1) and (2) of subsection (e) and ap7 prove or disapprove the plans within 45 days after

8 the date on which each such plan is submitted by Am9 trak.

10 (2) INCOMPLETE OR DEFICIENT PLAN.—If the

11 Secretary determines that a plan is incomplete or de12 ficient, the Secretary shall notify Amtrak of the in13 complete items or deficiencies and Amtrak shall, with14 in 30 days after receiving the Secretary’s notification,

15 submit a modified plan for the Secretary’s review.

16 (3) APPROVAL OF PLAN.—Within 15 days after

17 receiving additional information on items previously

18 included in the plan, and within 45 days after receiv19 ing items newly included in a modified plan, the Sec20 retary shall either approve the modified plan, or, if

21 the Secretary finds the plan is still incomplete or de22 ficient, the Secretary shall—

23 (A) identify in writing to the Committee on

24 Commerce, Science, and Transportation of the

25 Senate, and the Committee on Transportation
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1 and Infrastructure and the Committee on Home2 land Security of the House of Representatives the

3 portions of the plan the Secretary finds incom4 plete or deficient;

5 (B) approve all other portions of the plan;

6 (C) obligate the funds associated with those

7 other portions; and

8 (D) execute an agreement with Amtrak

9 within 15 days thereafter on a process for resolv10 ing the remaining portions of the plan.

11 (g) FINANCIAL CONTRIBUTION FROM OTHER TUNNEL

12 USERS.—The Secretary shall, taking into account the need

13 for the timely completion of all portions of the tunnel

14 projects described in subsection (a)—

15 (1) consider the extent to which rail carriers

16 other than Amtrak use or plan to use the tunnels;

17 (2) consider the feasibility of seeking a financial

18 contribution from those other rail carriers toward the

19 costs of the projects; and

20 (3) obtain financial contributions or commit21 ments from such other rail carriers at levels reflecting

22 the extent of their use or planned use of the tunnels,

23 if feasible.
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1 SEC. 1424. FREIGHT AND PASSENGER RAIL SECURITY UP2 GRADES.

3 (a) SECURITY IMPROVEMENT GRANTS.—The Sec4 retary, in consultation with Assistant Secretary of Home5 land Security (Transportation Security Administration)

6 and other appropriate agencies or officials, is authorized

7 to make grants to freight railroads, the Alaska Railroad,

8 hazardous materials offerers, owners of rail cars used in

9 the transportation of hazardous materials, universities, col10 leges and research centers, State and local governments (for

11 rail passenger facilities and infrastructure not owned by

12 Amtrak), and to Amtrak for full or partial reimbursement

13 of costs incurred in the conduct of activities to prevent or

14 respond to acts of terrorism, sabotage, or other intercity

15 passenger rail and freight rail security risks identified

16 under section 1421, including—

17 (1) security and redundancy for critical commu18 nications, computer, and train control systems essen19 tial for secure rail operations;

20 (2) accommodation of rail cargo or passenger

21 screening equipment at the United States-Mexico bor22 der, the United States-Canada border, or other ports

23 of entry;

24 (3) the security of hazardous material transpor25 tation by rail;
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1 (4) secure intercity passenger rail stations,

2 trains, and infrastructure;

3 (5) structural modification or replacement of

4 rail cars transporting high hazard materials to im5 prove their resistance to acts of terrorism;

6 (6) employee security awareness, preparedness,

7 passenger evacuation, and emergency response train8 ing;

9 (7) public security awareness campaigns for pas10 senger train operations;

11 (8) the sharing of intelligence and information

12 about security threats;

13 (9) to obtain train tracking and interoperable

14 communications systems that are coordinated to the

15 maximum extent possible;

16 (10) to hire additional police and security offi17 cers, including canine units; and

18 (11) other improvements recommended by the re19 port required by section 1421, including infrastruc20 ture, facilities, and equipment upgrades.

21 (b) ACCOUNTABILITY.—The Secretary shall adopt nec22 essary procedures, including audits, to ensure that grants

23 made under this section are expended in accordance with

24 the purposes of this title and the priorities and other cri25 teria developed by the Secretary.
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1 (c) ALLOCATION.—The Secretary shall distribute the

2 funds authorized by this section based on risk as determined

3 under section 1421, and shall encourage non-Federal finan4 cial participation in projects funded by grants awarded

5 under this section. With respect to grants for intercity pas6 senger rail security, the Secretary shall also take into ac7 count passenger volume and whether stations or facilities

8 are used by commuter rail passengers as well as intercity

9 rail passengers. Not later than 240 days after the date of

10 enactment of this Act, the Secretary shall provide a report

11 to the Committees on Commerce, Science and Transpor12 tation and Homeland Security and Governmental Affairs

13 in the Senate and the Committee on Homeland Security

14 in the House on the feasibility and appropriateness of re15 quiring a non-federal match for the grants authorized in

16 subsection (a).

17 (d) CONDITIONS.—Grants awarded by the Secretary to

18 Amtrak under subsection (a) shall be disbursed to Amtrak

19 through the Secretary of Transportation. The Secretary of

20 Transportation may not disburse such funds unless Amtrak

21 meets the conditions set forth in section 1422(b) of this title.

22 (e) ALLOCATION BETWEEN RAILROADS AND OTH23 ERS.—Unless as a result of the assessment required by sec24 tion 1421 the Secretary determines that critical rail trans25 portation security needs require reimbursement in greater
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1 amounts to any eligible entity, no grants under this section

2 may be made cumulatively over the period authorized by

3 this title—

4 (1) in excess of $45,000,000 to Amtrak; or

5 (2) in excess of $80,000,000 for the purposes de6 scribed in paragraphs (3) and (5) of subsection (a).

7 (f) AUTHORIZATION OF APPROPRIATIONS.—

8 (1) IN GENERAL.—Out of funds appropriated

9 pursuant to section 114(w) of title 49, United States

10 Code, as amended by section 1437 of this title, there

11 shall be made available to the Secretary to carry out

12 this section—

13 (A) $100,000,000 for fiscal year 2008;

14 (B) $100,000,000 for fiscal year 2009; and

15 (C) $100,000,000 for fiscal year 2010.

16 (2) AVAILABILITY OF APPROPRIATED FUNDS.—

17 Amounts appropriated pursuant to paragraph (1)

18 shall remain available until expended.

19 SEC. 1425. RAIL SECURITY RESEARCH AND DEVELOPMENT.

20 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP21 MENT PROGRAM.—The Secretary, through the Under Sec22 retary for Science and Technology and the Assistant Sec23 retary of Homeland Security (Transportation Security Ad24 ministration), in consultation with the Secretary of Trans25 portation shall carry out a research and development pro-
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1 gram for the purpose of improving freight and intercity

2 passenger rail security that may include research and devel3 opment projects to—

4 (1) reduce the risk of terrorist attacks on rail

5 transportation, including risks posed by explosives

6 and hazardous chemical, biological, and radioactive

7 substances to intercity rail passengers, facilities, and

8 equipment;

9 (2) test new emergency response techniques and

10 technologies;

11 (3) develop improved freight rail security tech12 nologies, including—

13 (A) technologies for sealing rail cars;

14 (B) automatic inspection of rail cars;

15 (C) communication-based train controls;

16 and

17 (D) emergency response training;

18 (4) test wayside detectors that can detect tam19 pering with railroad equipment;

20 (5) support enhanced security for the transpor21 tation of hazardous materials by rail, including—

22 (A) technologies to detect a breach in a tank

23 car or other rail car used to transport hazardous

24 materials and transmit information about the

25 integrity of cars to the train crew or dispatcher;
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1 (B) research to improve tank car integrity,

2 with a focus on tank cars that carry high hazard

3 materials (as defined in section 1411 of this

4 title); and

5 (C) techniques to transfer hazardous mate6 rials from rail cars that are damaged or other7 wise represent an unreasonable risk to human

8 life or public safety; and

9 (6) other projects that address risks identified

10 under section 1421.

11 (b) COORDINATION WITH OTHER RESEARCH INITIA12 TIVES.—The Secretary shall ensure that the research and

13 development program authorized by this section is coordi14 nated with other research and development initiatives at

15 the Department of Homeland Security and the Department

16 of Transportation. The Secretary shall carry out any re17 search and development project authorized by this section

18 through a reimbursable agreement with the Secretary of

19 Transportation, if the Secretary of Transportation—

20 (1) is already sponsoring a research and develop21 ment project in a similar area; or

22 (2) has a unique facility or capability that

23 would be useful in carrying out the project.

24 (c) GRANTS AND ACCOUNTABILITY.—To carry out the

25 research and development program, the Secretary may
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1 award grants to the entities described in section 1424(a)

2 and shall adopt necessary procedures, including audits, to

3 ensure that grants made under this section are expended

4 in accordance with the purposes of this title and the prior5 ities and other criteria developed by the Secretary.

6 (d) AUTHORIZATION OF APPROPRIATIONS.—

7 (1) IN GENERAL.—Out of funds appropriated

8 pursuant to section 114(w) of title 49, United States

9 Code, as amended by section 1437 of this title, there

10 shall be made available to the Secretary to carry out

11 this section—

12 (A) $33,000,000 for fiscal year 2008;

13 (B) $33,000,000 for fiscal year 2009; and

14 (C) $33,000,000 for fiscal year 2010.

15 (2) AVAILABILITY OF APPROPRIATED FUNDS.—

16 Amounts appropriated pursuant to paragraph (1)

17 shall remain available until expended.

18 SEC. 1426. OVERSIGHT AND GRANT PROCEDURES.

19 (a) SECRETARIAL OVERSIGHT.—The Secretary may

20 award contracts to audit and review the safety, security,

21 procurement, management, and financial compliance of a

22 recipient of amounts under this title.

23 (b) PROCEDURES FOR GRANT AWARD.—The Secretary

24 shall, within 180 days after the date of enactment of this

25 Act, prescribe procedures and schedules for the awarding
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1 of grants under this title, including application and quali2 fication procedures (including a requirement that the appli3 cant have a security plan), and a record of decision on ap4 plicant eligibility. The procedures shall include the execu5 tion of a grant agreement between the grant recipient and

6 the Secretary and shall be consistent, to the extent prac7 ticable, with the grant procedures established under section

8 70107 of title 46, United States Code.

9 (c) ADDITIONAL AUTHORITY.—The Secretary may

10 issue nonbinding letters under similar terms to those issued

11 pursuant to section 47110(e) of title 49, United States Code,

12 to sponsors of rail projects funded under this title.

13 SEC. 1427. AMTRAK PLAN TO ASSIST FAMILIES OF PAS14 SENGERS INVOLVED IN RAIL PASSENGER AC15 CIDENTS.

16 (a) IN GENERAL.—Chapter 243 of title 49, United

17 States Code, is amended by adding at the end the following:

18 ‘‘§ 24316. Plans to address needs of families of pas19 sengers involved in rail passenger acci20 dents

21 ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 months

22 after the date of the enactment of the Transportation Secu23 rity and Interoperable Communication Capabilities Act,

24 Amtrak shall submit to the Chairman of the National

25 Transportation Safety Board, the Secretary of Transpor-
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1 tation, and the Secretary of Homeland Security a plan for

2 addressing the needs of the families of passengers involved

3 in any rail passenger accident involving an Amtrak inter4 city train and resulting in a loss of life.

5 ‘‘(b) CONTENTS OF PLANS.—The plan to be submitted

6 by Amtrak under subsection (a) shall include, at a min7 imum, the following:

8 ‘‘(1) A process by which Amtrak will maintain

9 and provide to the National Transportation Safety

10 Board, the Secretary of Transportation, and the Sec11 retary of Homeland Security, immediately upon re12 quest, a list (which is based on the best available in13 formation at the time of the request) of the names of

14 the passengers aboard the train (whether or not such

15 names have been verified), and will periodically up16 date the list. The plan shall include a procedure, with

17 respect to unreserved trains and passengers not hold18 ing reservations on other trains, for Amtrak to use

19 reasonable efforts to ascertain the number and names

20 of passengers aboard a train involved in an accident.

21 ‘‘(2) A plan for creating and publicizing a reli22 able, toll-free telephone number within 4 hours after

23 such an accident occurs, and for providing staff, to

24 handle calls from the families of the passengers.
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1 ‘‘(3) A process for notifying the families of the

2 passengers, before providing any public notice of the

3 names of the passengers, by suitably trained individ4 uals.

5 ‘‘(4) A process for providing the notice described

6 in paragraph (2) to the family of a passenger as soon

7 as Amtrak has verified that the passenger was aboard

8 the train (whether or not the names of all of the pas9 sengers have been verified).

10 ‘‘(5) A process by which the family of each pas11 senger will be consulted about the disposition of all

12 remains and personal effects of the passenger within

13 Amtrak’s control; that any possession of the passenger

14 within Amtrak’s control will be returned to the family

15 unless the possession is needed for the accident inves16 tigation or any criminal investigation; and that any

17 unclaimed possession of a passenger within Amtrak’s

18 control will be retained by the rail passenger carrier

19 for at least 18 months.

20 ‘‘(6) A process by which the treatment of the

21 families of nonrevenue passengers will be the same as

22 the treatment of the families of revenue passengers.

23 ‘‘(7) An assurance that Amtrak will provide ade24 quate training to its employees and agents to meet the
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1 needs of survivors and family members following an

2 accident.

3 ‘‘(c) USE OF INFORMATION.—Neither the National

4 Transportation Safety Board, the Secretary of Transpor5 tation, the Secretary of Homeland Security, nor Amtrak

6 may release any personal information on a list obtained

7 under subsection (b)(1) but may provide information on the

8 list about a passenger to the family of the passenger to the

9 extent that the Board or Amtrak considers appropriate.

10 ‘‘(d) LIMITATION ON LIABILITY.—Amtrak shall not be

11 liable for damages in any action brought in a Federal or

12 State court arising out of the performance of Amtrak under

13 this section in preparing or providing a passenger list, or

14 in providing information concerning a train reservation,

15 pursuant to a plan submitted by Amtrak under subsection

16 (b), unless such liability was caused by Amtrak’s conduct.

17 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—

18 Nothing in this section may be construed as limiting the

19 actions that Amtrak may take, or the obligations that Am20 trak may have, in providing assistance to the families of

21 passengers involved in a rail passenger accident.

22 ‘‘(f) FUNDING.—Out of funds appropriated pursuant

23 to section 1437(b) of the Transportation Security and Inter24 operable Communication Capabilities Act, there shall be

25 made available to the Secretary of Transportation for the
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1 use of Amtrak $500,000 for fiscal year 2008 to carry out

2 this section. Amounts made available pursuant to this sub3 section shall remain available until expended.’’.

4 (b) CONFORMING AMENDMENT.—The chapter analysis

5 for chapter 243 of title 49, United States Code, is amended

6 by adding at the end the following:

‘‘24316. Plan to assist families of passengers involved in rail passenger accidents’’.

7 SEC. 1428. NORTHERN BORDER RAIL PASSENGER REPORT.

8 Within 1 year after the date of enactment of this Act,

9 the Secretary, in consultation with the Assistant Secretary

10 of Homeland Security (Transportation Security Adminis11 tration), the Secretary of Transportation, heads of other ap12 propriate Federal departments, and agencies and the Na13 tional Railroad Passenger Corporation, shall transmit a re14 port to the Senate Committee on Commerce, Science, and

15 Transportation, the House of Representatives Committee on

16 Transportation and Infrastructure, and the House of Rep17 resentatives Committee on Homeland Security that

18 contains—

19 (1) a description of the current system for

20 screening passengers and baggage on passenger rail

21 service between the United States and Canada;

22 (2) an assessment of the current program to pro23 vide preclearance of airline passengers between the

24 United States and Canada as outlined in ‘‘The Agree-
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1 ment on Air Transport Preclearance between the Gov2 ernment of Canada and the Government of the United

3 States of America’’, dated January 18, 2001;

4 (3) an assessment of the current program to pro5 vide preclearance of freight railroad traffic between

6 the United States and Canada as outlined in the

7 ‘‘Declaration of Principle for the Improved Security

8 of Rail Shipments by Canadian National Railway

9 and Canadian Pacific Railway from Canada to the

10 United States’’, dated April 2, 2003;

11 (4) information on progress by the Department

12 of Homeland Security and other Federal agencies to13 wards finalizing a bilateral protocol with Canada

14 that would provide for preclearance of passengers on

15 trains operating between the United States and Can16 ada;

17 (5) a description of legislative, regulatory, budg18 etary, or policy barriers within the United States

19 Government to providing pre-screened passenger lists

20 for rail passengers traveling between the United

21 States and Canada to the Department of Homeland

22 Security;

23 (6) a description of the position of the Govern24 ment of Canada and relevant Canadian agencies with

25 respect to preclearance of such passengers;
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1 (7) a draft of any changes in existing Federal

2 law necessary to provide for pre-screening of such

3 passengers and providing pre-screened passenger lists

4 to the Department of Homeland Security; and

5 (8) an analysis of the feasibility of reinstating

6 in-transit inspections onboard international Amtrak

7 trains.

8 SEC. 1429. RAIL WORKER SECURITY TRAINING PROGRAM.

9 (a) IN GENERAL.—Not later than 1 year after the date

10 of enactment of this Act, the Secretary, in consultation with

11 the Secretary of Transportation, appropriate law enforce12 ment, security, and terrorism experts, representatives of

13 railroad carriers and shippers, and nonprofit employee or14 ganizations that represent rail workers, shall develop and

15 issue detailed guidance for a rail worker security training

16 program to prepare front-line workers for potential threat

17 conditions. The guidance shall take into consideration any

18 current security training requirements or best practices.

19 (b) PROGRAM ELEMENTS.—The guidance developed

20 under subsection (a) shall include elements appropriate to

21 passenger and freight rail service that address the following:

22 (1) Determination of the seriousness of any oc23 currence.

24 (2) Crew communication and coordination.
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1 (3) Appropriate responses to defend or protect

2 oneself.

3 (4) Use of protective devices.

4 (5) Evacuation procedures.

5 (6) Psychology, behavior, and methods of terror6 ists, including observation and analysis.

7 (7) Situational training exercises regarding var8 ious threat conditions.

9 (8) Any other subject the Secretary considers ap10 propriate.

11 (c) RAILROAD CARRIER PROGRAMS.—Not later than

12 90 days after the Secretary issues guidance under subsection

13 (a) in final form, each railroad carrier shall develop a rail

14 worker security training program in accordance with that

15 guidance and submit it to the Secretary for review. Not

16 later than 90 days after receiving a railroad carrier’s pro17 gram under this subsection, the Secretary shall review the

18 program and transmit comments to the railroad carrier

19 concerning any revisions the Secretary considers necessary

20 for the program to meet the guidance requirements. A rail21 road carrier shall respond to the Secretary’s comments

22 within 90 days after receiving them.

23 (d) TRAINING.—Not later than 1 year after the Sec24 retary reviews the training program developed by a rail25 road carrier under this section, the railroad carrier shall
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1 complete the training of all front-line workers in accordance

2 with that program. The Secretary shall review implementa3 tion of the training program of a representative sample of

4 railroad carriers and report to the Senate Committee on

5 Commerce, Science, and Transportation, the House of Rep6 resentatives Committee on Transportation and Infrastruc7 ture, and the House of Representatives Committee on

8 Homeland Security on the number of reviews conducted and

9 the results. The Secretary may submit the report in both

10 classified and redacted formats as necessary.

11 (e) UPDATES.—The Secretary shall update the train12 ing guidance issued under subsection (a) as appropriate to

13 reflect new or different security threats. Railroad carriers

14 shall revise their programs accordingly and provide addi15 tional training to their front-line workers within a reason16 able time after the guidance is updated.

17 (f) FRONT-LINE WORKERS DEFINED.—In this section,

18 the term ‘‘front-line workers’’ means security personnel, dis19 patchers, locomotive engineers, conductors, trainmen, other

20 onboard employees, maintenance and maintenance support

21 personnel, bridge tenders, as well as other appropriate em22 ployees of railroad carriers, as defined by the Secretary.

23 (g) OTHER EMPLOYEES.—The Secretary shall issue

24 guidance and best practices for a rail shipper employee se-
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1 curity program containing the elements listed under sub2 section (b) as appropriate.

3 SEC. 1430. WHISTLEBLOWER PROTECTION PROGRAM.

4 (a) IN GENERAL.—Subchapter A of chapter 201 of title

5 49, United States Code, is amended by inserting after sec6 tion 20117 the following:

7 ‘‘§ 20118. Whistleblower protection for rail Security

8 matters

9 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—A rail10 road carrier engaged in interstate or foreign commerce may

11 not discharge or in any way discriminate against an em12 ployee because the employee, whether acting for the em13 ployee or as a representative, has—

14 ‘‘(1) provided, caused to be provided, or is about

15 to provide or cause to be provided, to the employer or

16 the Federal Government information relating to a

17 reasonably perceived threat, in good faith, to security;

18 ‘‘(2) provided, caused to be provided, or is about

19 to provide or cause to be provided, testimony before

20 Congress or at any Federal or State proceeding re21 garding a reasonably perceived threat, in good faith,

22 to security; or

23 ‘‘(3) refused to violate or assist in the violation

24 of any law, rule or regulation related to rail security.
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1 ‘‘(b) DISPUTE RESOLUTION.—A dispute, grievance, or

2 claim arising under this section is subject to resolution

3 under section 3 of the Railway Labor Act (45 U.S.C. 153).

4 In a proceeding by the National Railroad Adjustment

5 Board, a division or delegate of the Board, or another board

6 of adjustment established under section 3 to resolve the dis7 pute, grievance, or claim the proceeding shall be expedited

8 and the dispute, grievance, or claim shall be resolved not

9 later than 180 days after it is filed. If the violation is a

10 form of discrimination that does not involve discharge, sus11 pension, or another action affecting pay, and no other rem12 edy is available under this subsection, the Board, division,

13 delegate, or other board of adjustment may award the em14 ployee reasonable damages, including punitive damages, of

15 not more than $20,000.

16 ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as pro17 vided in subsection (b), the procedure set forth in section

18 42121(b)(2)(B) of this subtitle, including the burdens of

19 proof, applies to any complaint brought under this section.

20 ‘‘(d) ELECTION OF REMEDIES.—An employee of a

21 railroad carrier may not seek protection under both this

22 section and another provision of law for the same allegedly

23 unlawful act of the carrier.

24 ‘‘(e) DISCLOSURE OF IDENTITY.—
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1 ‘‘(1) Except as provided in paragraph (2) of this

2 subsection, or with the written consent of the em3 ployee, the Secretary of Transportation or Secretary

4 of Homeland Security may not disclose the name of

5 an employee of a railroad carrier who has provided

6 information about an alleged violation of this section.

7 ‘‘(2) The Secretary shall disclose to the Attorney

8 General the name of an employee described in para9 graph (1) of this subsection if the matter is referred

10 to the Attorney General for enforcement.

11 ‘‘(f) PROCESS FOR REPORTING PROBLEMS.—

12 ‘‘(1) ESTABLISHMENT OF REPORTING PROC13 ESS.—The Secretary shall establish, and provide in14 formation to the public regarding, a process by which

15 any person may submit a report to the Secretary re16 garding railroad security problems, deficiencies, or

17 vulnerabilities.

18 ‘‘(2) CONFIDENTIALITY.—The Secretary shall

19 keep confidential the identity of a person who submits

20 a report under paragraph (1) and any such report

21 shall be treated as a record containing protected in22 formation to the extent that it does not consist of pub23 licly available information.

24 ‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a re25 port submitted under paragraph (1) identifies the
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1 person making the report, the Secretary shall respond

2 promptly to such person and acknowledge receipt of

3 the report.

4 ‘‘(4) STEPS TO ADDRESS PROBLEMS.—The Sec5 retary shall review and consider the information pro6 vided in any report submitted under paragraph (1)

7 and shall take appropriate steps under this title to

8 address any problems or deficiencies identified.

9 ‘‘(5) RETALIATION PROHIBITED.—No employer

10 may discharge any employee or otherwise discrimi11 nate against any employee with respect to the com12 pensation to, or terms, conditions, or privileges of the

13 employment of, such employee because the employee

14 (or a person acting pursuant to a request of the em15 ployee) made a report under paragraph (1).’’.

16 (b) CONFORMING AMENDMENT.—The chapter analysis

17 for chapter 201 of title 49, United States Code, is amended

18 by inserting after the item relating to section 20117 the fol19 lowing:

‘‘20118. Whistleblower protection for rail security matters’’.

20 SEC. 1431. HIGH HAZARD MATERIAL SECURITY RISK MITI21 GATION PLANS.

22 (a) IN GENERAL.—The Secretary, in consultation with

23 the Assistant Secretary of Homeland Security (Transpor24 tation Security Administration) and the Secretary of

25 Transportation, shall require rail carriers transporting a
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1 high hazard material, as defined in section 1411 of this

2 title, to develop a high hazard material security risk miti3 gation plan containing appropriate measures, including al4 ternative routing and temporary shipment suspension op5 tions, to address assessed risks to high consequence targets.

6 The plan, and any information submitted to the Secretary

7 under this section shall be protected as sensitive security

8 information under the regulations prescribed under section

9 114(s) of title 49, United States Code.

10 (b) IMPLEMENTATION.—A high hazard material secu11 rity risk mitigation plan shall be put into effect by a rail

12 carrier for the shipment of high hazardous materials by rail

13 on the rail carrier’s right-of-way when the threat levels of

14 the Homeland Security Advisory System are high or severe

15 or specific intelligence of probable or imminent threat exists

16 towards—

17 (1) a high-consequence target that is within the

18 catastrophic impact zone of a railroad right-of-way

19 used to transport high hazardous material; or

20 (2) rail infrastructure or operations within the

21 immediate vicinity of a high-consequence target.

22 (c) COMPLETION AND REVIEW OF PLANS.—

23 (1) PLANS REQUIRED.—Each rail carrier

24 shall—
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1 (A) submit a list of routes used to transport

2 high hazard materials to the Secretary within 60

3 days after the date of enactment of this Act;

4 (B) develop and submit a high hazard ma5 terial security risk mitigation plan to the Sec6 retary within 180 days after it receives the no7 tice of high consequence targets on such routes by

8 the Secretary that includes an operational recov9 ery plan to expedite, to the maximum extent

10 practicable, the return of an adversely affected

11 rail system or facility to its normal performance

12 level following a major terrorist attack or other

13 security incident; and

14 (C) submit any subsequent revisions to the

15 plan to the Secretary within 30 days after mak16 ing the revisions.

17 (2) REVIEW AND UPDATES.—The Secretary, with

18 assistance of the Secretary of Transportation, shall

19 review the plans and transmit comments to the rail20 road carrier concerning any revisions the Secretary

21 considers necessary. A railroad carrier shall respond

22 to the Secretary’s comments within 30 days after re23 ceiving them. Each rail carrier shall update and re24 submit its plan for review not less than every 2 years.

25 (d) DEFINITIONS.—In this section:
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1 (1) The term ‘‘high-consequence target’’ means

2 property, infrastructure, public space, or natural re3 source designated by the Secretary that is a viable

4 terrorist target of national significance, the attack of

5 which could result in—

6 (A) catastrophic loss of life;

7 (B) significant damage to national security

8 or defense capabilities; or

9 (C) national economic harm.

10 (2) The term ‘‘catastrophic impact zone’’ means

11 the area immediately adjacent to, under, or above an

12 active railroad right-of-way used to ship high hazard

13 materials in which the potential release or explosion

14 of the high hazard material being transported would

15 likely cause—

16 (A) loss of life; or

17 (B) significant damage to property or

18 structures.

19 (3) The term ‘‘rail carrier’’ has the meaning

20 given that term by section 10102(5) of title 49,

21 United States Code.

22 SEC. 1432. ENFORCEMENT AUTHORITY.

23 (a) IN GENERAL.—Section 114 of title 49, United

24 States Code, as amended by section 902(a) of this title, is

25 further amended by adding at the end the following:
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1 ‘‘(v) ENFORCEMENT OF REGULATIONS AND ORDERS

2 OF THE SECRETARY OF HOMELAND SECURITY ISSUED

3 UNDER THIS TITLE.—

4 ‘‘(1) APPLICATION OF SUBSECTION.—

5 ‘‘(A) IN GENERAL.—This subsection applies

6 to the enforcement of regulations prescribed, and

7 orders issued, by the Secretary of Homeland Se8 curity under a provision of this title other than

9 a provision of chapter 449.

10 ‘‘(B) VIOLATIONS OF CHAPTER 449.—The

11 penalties for violations of regulations prescribed,

12 and orders issued, by the Secretary of Homeland

13 Security under chapter 449 of this title are pro14 vided under chapter 463 of this title.

15 ‘‘(C) NONAPPLICATION TO CERTAIN VIOLA16 TIONS.—

17 ‘‘(i) Paragraphs (2) through (5) of this

18 subsection do not apply to violations of reg19 ulations prescribed, and orders issued, by

20 the Secretary of Homeland Security under

21 a provision of this title—

22 ‘‘(I) involving the transportation

23 of personnel or shipments of materials

24 by contractors where the Department of
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1 Defense has assumed control and re2 sponsibility;

3 ‘‘(II) by a member of the armed

4 forces of the United States when per5 forming official duties; or

6 ‘‘(III) by a civilian employee of

7 the Department of Defense when per8 forming official duties.

9 ‘‘(ii) Violations described in subclause

10 (I), (II), or (III) of clause (i) shall be sub11 ject to penalties as determined by the Sec12 retary of Defense or the Secretary’s des13 ignee.

14 ‘‘(2) CIVIL PENALTY.—

15 ‘‘(A) IN GENERAL.—A person is liable to the

16 United States Government for a civil penalty of

17 not more than $10,000 for a violation of a regu18 lation prescribed, or order issued, by the Sec19 retary of Homeland Security under this title.

20 ‘‘(B) REPEAT VIOLATIONS.—A separate vio21 lation occurs under this paragraph for each day

22 the violation continues.

23 ‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL PEN24 ALTIES.—
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1 ‘‘(A) IN GENERAL.—The Secretary of Home2 land Security may impose a civil penalty for a

3 violation of a regulation prescribed, or order

4 issued, under this title. The Secretary shall give

5 written notice of the finding of a violation and

6 the penalty.

7 ‘‘(B) SCOPE OF CIVIL ACTION.—In a civil

8 action to collect a civil penalty imposed by the

9 Secretary under this subsection, the court may

10 not re-examine issues of liability or the amount

11 of the penalty.

12 ‘‘(C) JURISDICTION.—The district courts of

13 the United States have exclusive jurisdiction of

14 civil actions to collect a civil penalty imposed by

15 the Secretary under this subsection if—

16 ‘‘(i) the amount in controversy is more

17 than—

18 ‘‘(I) $400,000, if the violation was

19 committed by a person other than an

20 individual or small business concern;

21 or

22 ‘‘(II) $50,000, if the violation was

23 committed by an individual or small

24 business concern;
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1 ‘‘(ii) the action is in rem or another

2 action in rem based on the same violation

3 has been brought; or

4 ‘‘(iii) another action has been brought

5 for an injunction based on the same viola6 tion.

7 ‘‘(D) MAXIMUM PENALTY.—The maximum

8 penalty the Secretary may impose under this

9 paragraph is—

10 ‘‘(i) $400,000, if the violation was

11 committed by a person other than an indi12 vidual or small business concern; or

13 ‘‘(ii) $50,000, if the violation was com14 mitted by an individual or small business

15 concern.

16 ‘‘(4) COMPROMISE AND SETOFF.—

17 ‘‘(A) The Secretary may compromise the

18 amount of a civil penalty imposed under this

19 subsection. If the Secretary compromises the

20 amount of a civil penalty under this subpara21 graph, the Secretary shall—

22 ‘‘(i) notify the Senate Committee on

23 Commerce, Science, and Transportation

24 and the House of Representatives Committee

25 on Homeland Security of the compromised
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1 penalty and explain the rationale therefor;

2 and

3 ‘‘(ii) make the explanation available to

4 the public to the extent feasible without

5 compromising security.

6 ‘‘(B) The Government may deduct the

7 amount of a civil penalty imposed or com8 promised under this subsection from amounts it

9 owes the person liable for the penalty.

10 ‘‘(5) INVESTIGATIONS AND PROCEEDINGS.—

11 Chapter 461 of this title shall apply to investigations

12 and proceedings brought under this subsection to the

13 same extent that it applies to investigations and pro14 ceedings brought with respect to aviation security du15 ties designated to be carried out by the Secretary.

16 ‘‘(6) DEFINITIONS.—In this subsection:

17 ‘‘(A) PERSON.—The term ‘person’ does not

18 include—

19 ‘‘(i) the United States Postal Service;

20 or

21 ‘‘(ii) the Department of Defense.

22 ‘‘(B) SMALL BUSINESS CONCERN.—The

23 term ‘small business concern’ has the meaning

24 given that term in section 3 of the Small Busi25 ness Act (15 U.S.C. 632).’’.
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1 (b) CONFORMING AMENDMENT.—Section 46301(a)(4)

2 of title 49, United States Code is amended by striking ‘‘or

3 another requirement under this title administered by the

4 Under Secretary of Transportation for Security’’.

5 (c) RAIL SAFETY REGULATIONS.—Section 20103(a) of

6 title 49, United States Code, is amended by striking ‘‘safe7 ty’’ the first place it appears, and inserting ‘‘safety, includ8 ing security,’’.

9 SEC. 1433. RAIL SECURITY ENHANCEMENTS.

10 (a) RAIL POLICE OFFICERS.—Section 28101 of title

11 49, United States Code, is amended—

12 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

13 ‘‘Under’’; and

14 (2) by adding at the end the following:

15 ‘‘(b) ASSIGNMENT.—A rail police officer employed by

16 a rail carrier and certified or commissioned as a police offi17 cer under the laws of a State may be temporarily assigned

18 to assist a second rail carrier in carrying out law enforce19 ment duties upon the request of the second rail carrier, at

20 which time the police officer shall be considered to be an

21 employee of the second rail carrier and shall have authority

22 to enforce the laws of any jurisdiction in which the second

23 rail carrier owns property to the same extent as provided

24 in subsection (a).’’.
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1 (b) MODEL STATE LEGISLATION.—By no later than

2 September 7, 2007, the Secretary of Transportation shall

3 develop model State legislation to address the problem of

4 entities that claim to be rail carriers in order to establish

5 and run a police force when the entities do not in fact pro6 vide rail transportation and shall make it available to State

7 governments. In developing the model State legislation the

8 Secretary shall solicit the input of the States, railroads

9 companies, and railroad employees. The Secretary shall re10 view and, if necessary, revise such model State legislation

11 periodically.

12 SEC. 1434. PUBLIC AWARENESS.

13 Not later than 90 days after the date of enactment of

14 this Act, the Secretary, in consultation with the Secretary

15 of Transportation, shall develop a national plan for public

16 outreach and awareness. Such plan shall be designed to in17 crease awareness of measures that the general public, rail18 road passengers, and railroad employees can take to in19 crease railroad system security. Such plan shall also pro20 vide outreach to railroad carriers and their employees to

21 improve their awareness of available technologies, ongoing

22 research and development efforts, and available Federal

23 funding sources to improve railroad security. Not later than

24 9 months after the date of enactment of this Act, the Sec-
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1 retary shall implement the plan developed under this sec2 tion.

3 SEC. 1435. RAILROAD HIGH HAZARD MATERIAL TRACKING.

4 (a) WIRELESS COMMUNICATIONS.—

5 (1) IN GENERAL.—In conjunction with the re6 search and development program established under

7 section 1425 and consistent with the results of re8 search relating to wireless tracking technologies, the

9 Secretary, in consultation with the Assistant Sec10 retary of Homeland Security (Transportation Secu11 rity Administration), shall develop a program that

12 will encourage the equipping of rail cars transporting

13 high hazard materials (as defined in section 1411 of

14 this title) with technology that provides—

15 (A) car position location and tracking ca16 pabilities; and

17 (B) notification of rail car depressurization,

18 breach, unsafe temperature, or release of haz19 ardous materials.

20 (2) COORDINATION.—In developing the program

21 required by paragraph (1), the Secretary shall—

22 (A) consult with the Secretary of Transpor23 tation to coordinate the program with any ongo24 ing or planned efforts for rail car tracking at the

25 Department of Transportation; and
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1 (B) ensure that the program is consistent

2 with recommendations and findings of the De3 partment of Homeland Security’s hazardous ma4 terial tank rail car tracking pilot programs.

5 (b) FUNDING.—Out of funds appropriated pursuant to

6 section 114(w) of title 49, United States Code, as amended

7 by section 1437 of this title, there shall be made available

8 to the Secretary to carry out this section $3,000,000 for each

9 of fiscal years 2008, 2009, and 2010.

10 SEC. 1436. UNIFIED CARRIER REGISTRATION SYSTEM PLAN

11 AGREEMENT.

12 (a) IN GENERAL.—Notwithstanding section 4305(a) of

13 the SAFETEA–LU Act (Public Law 109–59)—

14 (1) section 14504 of title 49, United States Code,

15 as that section was in effect on December 31, 2006,

16 is re-enacted, effective as of January 1, 2007; and

17 (2) no fee shall be collected pursuant to section

18 14504a of title 49, United States Code, until 30 days

19 after the date, as determined by the Secretary of

20 Transportation, on which—

21 (A) the unified carrier registration system

22 plan and agreement required by that section has

23 been fully implemented; and

24 (B) the fees have been set by the Secretary

25 under subsection (d)(7)(B) of that section.
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1 (b) REPEAL OF SECTION 14504.—Section 14504 of

2 title 49, United States Code, as re-enacted by this Act, is

3 repealed effective on the date on which fees may be collected

4 under section 14504a of title 49, United States Code, pursu5 ant to subsection (a)(2) of this section.

6 SEC. 1437. AUTHORIZATION OF APPROPRIATIONS.

7 (a) TRANSPORTATION SECURITY ADMINISTRATION AU8 THORIZATION.—Section 114 of title 49, United States Code,

9 as amended by section 1432, is amended by adding at the

10 end thereof the following:

11 ‘‘(w) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to the Secretary of Home13 land Security for rail security—

14 ‘‘(1) $205,000,000 for fiscal year 2008;

15 ‘‘(2) $166,000,000 for fiscal year 2009; and

16 ‘‘(3) $166,000,000 for fiscal year 2010.’’.

17 (b) DEPARTMENT OF TRANSPORTATION.—There are

18 authorized to be appropriated to the Secretary of Transpor19 tation to carry out this title and sections 20118 and 24316

20 of title 49, United States Code, as added by this title—

21 (1) $121,000,000 for fiscal year 2008;

22 (2) $118,000,000 for fiscal year 2009;

23 (3) $118,000,000 for fiscal year 2010; and

24 (4) $118,000,000 for fiscal year 2011.
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1 SEC. 1438. APPLICABILITY OF DISTRICT OF COLUMBIA LAW

2 TO CERTAIN AMTRAK CONTRACTS.

3 Section 24301 of title 49, United States Code, is

4 amended by adding at the end the following:

5 ‘‘(o) APPLICABILITY OF DISTRICT OF COLUMBIA

6 LAW.—Any lease or contract entered into between the Na7 tional Railroad Passenger Corporation and the State of

8 Maryland, or any department or agency of the State of

9 Maryland, after the date of the enactment of this subsection

10 shall be governed by the laws of the District of Columbia.’’.

11 PART II—IMPROVED MOTOR CARRIER, BUS, AND

12 HAZARDOUS MATERIAL SECURITY

13 SEC. 1441. HAZARDOUS MATERIALS HIGHWAY ROUTING.

14 (a) ROUTE PLAN GUIDANCE.—Within 1 year after the

15 date of enactment of this Act, the Secretary of Transpor16 tation, in consultation with the Secretary, shall—

17 (1) document existing and proposed routes for

18 the transportation of radioactive and non-radioactive

19 hazardous materials by motor carrier, and develop a

20 framework for using a Geographic Information Sys21 tem-based approach to characterize routes in the Na22 tional Hazardous Materials Route Registry;

23 (2) assess and characterize existing and proposed

24 routes for the transportation of radioactive and non25 radioactive hazardous materials by motor carrier for
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1 the purpose of identifying measurable criteria for se2 lecting routes based on safety and security concerns;

3 (3) analyze current route-related hazardous ma4 terials regulations in the United States, Canada, and

5 Mexico to identify cross-border differences and con6 flicting regulations;

7 (4) document the concerns of the public, motor

8 carriers, and State, local, territorial, and tribal gov9 ernments about the highway routing of hazardous ma10 terials for the purpose of identifying and mitigating

11 security risks associated with hazardous material

12 routes;

13 (5) prepare guidance materials for State officials

14 to assist them in identifying and reducing both safety

15 concerns and security risks when designating highway

16 routes for hazardous materials consistent with the 13

17 safety-based non-radioactive materials routing cri18 teria and radioactive materials routing criteria in

19 subpart C part 397 of title 49, Code of Federal Regu20 lations;

21 (6) develop a tool that will enable State officials

22 to examine potential routes for the highway transpor23 tation of hazardous material and assess specific secu24 rity risks associated with each route and explore al25 ternative mitigation measures; and
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1 (7) transmit to the Senate Committee on Com2 merce, Science, and Transportation, and the House of

3 Representatives Committee on Transportation and

4 Infrastructure a report on the actions taken to fulfill

5 paragraphs (1) through (6) of this subsection and any

6 recommended changes to the routing requirements for

7 the highway transportation of hazardous materials in

8 part 397 of title 49, Code of Federal Regulations.

9 (b) ROUTE PLANS.—

10 (1) ASSESSMENT.—Within 1 year after the date

11 of enactment of this Act, the Secretary of Transpor12 tation shall complete an assessment of the safety and

13 national security benefits achieved under existing re14 quirements for route plans, in written or electronic

15 format, for explosives and radioactive materials. The

16 assessment shall, at a minimum—

17 (A) compare the percentage of Department

18 of Transportation recordable incidents and the

19 severity of such incidents for shipments of explo20 sives and radioactive materials for which such

21 route plans are required with the percentage of

22 recordable incidents and the severity of such in23 cidents for shipments of explosives and radio24 active materials not subject to such route plans;

25 and
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1 (B) quantify the security and safety bene2 fits, feasibility, and costs of requiring each motor

3 carrier that is required to have a hazardous ma4 terial safety permit under part 385 of title 49,

5 Code of Federal Regulations, to maintain, follow,

6 and carry such a route plan that meets the re7 quirements of section 397.101 of that title when

8 transporting the type and quantity of hazardous

9 materials described in section 385.403 of that

10 title, taking into account the various segments of

11 the trucking industry, including tank truck,

12 truckload and less than truckload carriers.

13 (2) REPORT.—Within 1 year after the date of

14 enactment of this Act, the Secretary of Transportation

15 shall submit a report to the Senate Committee on

16 Commerce, Science, and Transportation, and the

17 House of Representatives Committee on Transpor18 tation and Infrastructure containing the findings and

19 conclusions of the assessment.

20 (c) REQUIREMENT.—The Secretary shall require motor

21 carriers that have a hazardous material safety permit

22 under part 385 of title 49, Code of Federal Regulations,

23 to maintain, follow, and carry a route plan, in written or

24 electronic format, that meets the requirements of section

25 397.101 of that title when transporting the type and quan-
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1 tity of hazardous materials described in section 385.403 of

2 that title if the Secretary determines, under the assessment

3 required in subsection (b), that such a requirement would

4 enhance the security and safety of the nation without im5 posing unreasonable costs or burdens upon motor carriers.

6 SEC. 1442. MOTOR CARRIER HIGH HAZARD MATERIAL

7 TRACKING.

8 (a) COMMUNICATIONS.—

9 (1) IN GENERAL.—Consistent with the findings

10 of the Transportation Security Administration’s

11 Hazmat Truck Security Pilot Program and within 6

12 months after the date of enactment of this Act, the

13 Secretary, through the Transportation Security Ad14 ministration and in consultation with the Secretary

15 of Transportation, shall develop a program to facili16 tate the tracking of motor carrier shipments of high

17 hazard materials, as defined in this title, and to

18 equip vehicles used in such shipments with technology

19 that provides—

20 (A) frequent or continuous communications;

21 (B) vehicle position location and tracking

22 capabilities; and

23 (C) a feature that allows a driver of such

24 vehicles to broadcast an emergency message.
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1 (2) CONSIDERATIONS.—In developing the pro2 gram required by paragraph (1), the Secretary

3 shall—

4 (A) consult with the Secretary of Transpor5 tation to coordinate the program with any ongo6 ing or planned efforts for motor carrier or high

7 hazardous materials tracking at the Department

8 of Transportation;

9 (B) take into consideration the rec10 ommendations and findings of the report on the

11 Hazardous Material Safety and Security Oper12 ation Field Test released by the Federal Motor

13 Carrier Safety Administration on November 11,

14 2004; and

15 (C) evaluate—

16 (i) any new information related to the

17 costs and benefits of deploying, equipping,

18 and utilizing tracking technology, including

19 portable tracking technology, for motor car20 riers transporting high hazard materials

21 not included in the Hazardous Material

22 Safety and Security Operation Field Test

23 Report released by the Federal Motor Car24 rier Safety Administration on November 11,

25 2004;
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1 (ii) the ability of tracking technology

2 to resist tampering and disabling;

3 (iii) the capability of tracking tech4 nology to collect, display, and store infor5 mation regarding the movement of ship6 ments of high hazard materials by commer7 cial motor vehicles;

8 (iv) the appropriate range of contact

9 intervals between the tracking technology

10 and a commercial motor vehicle trans11 porting high hazard materials;

12 (v) technology that allows the installa13 tion by a motor carrier of concealed and

14 portable electronic devices on commercial

15 motor vehicles that can be activated by law

16 enforcement authorities to disable the vehi17 cle and alert emergency response resources

18 to locate and recover high hazard materials

19 in the event of loss or theft of such mate20 rials; and

21 (vi) whether installation of the tech22 nology described in clause (v) should be in23 corporated into the program under para24 graph (1);
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1 (vii) the costs, benefits, and practi2 cality of such technology described in clause

3 (v) in the context of the overall benefit to

4 national security, including commerce in

5 transportation; and

6 (viii) other systems the Secretary deter7 mines appropriate.

8 (b) REGULATIONS.—Not later than 1 year after the

9 date of the enactment of this Act, the Secretary, through

10 the Transportation Security Administration, shall promul11 gate regulations to carry out the provisions of subsection

12 (a).

13 (c) FUNDING.—There are authorized to be appro14 priated to the Secretary to carry out this section,

15 $7,000,000 for each of fiscal years 2008, 2009, and 2010,

16 of which—

17 (1) $3,000,000 per year may be used for equip18 ment; and

19 (2) $1,000,000 per year may be used for oper20 ations.

21 (d) REPORT.—Within 1 year after the issuance of reg22 ulations under subsection (b), the Secretary shall issue a

23 report to the Senate Committee on Commerce, Science, and

24 Transportation, the Senate Committee on Homeland Secu25 rity and Governmental Affairs and the House Committee
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1 on Homeland Security on the program developed and eval2 uation carried out under this section.

3 (e) LIMITATION.—The Secretary may not mandate the

4 installation or utilization of the technology described under

5 (a)(2)(C)(v) without additional congressional action on

6 that matter.

7 SEC. 1443. MEMORANDUM OF AGREEMENT.

8 Similar to the other security annexes between the 2

9 departments, within 1 year after the date of enactment of

10 this Act, the Secretary of Transportation and the Secretary

11 shall execute and develop an annex to the memorandum of

12 agreement between the 2 departments signed on September

13 28, 2004, governing the specific roles, delineations of re14 sponsibilities, resources and commitments of the Depart15 ment of Transportation and the Department of Homeland

16 Security, respectively, in addressing motor carrier trans17 portation security matters, including the processes the de18 partments will follow to promote communications, effi19 ciency, and nonduplication of effort.

20 SEC. 1444. HAZARDOUS MATERIALS SECURITY INSPEC21 TIONS AND ENFORCEMENT.

22 (a) IN GENERAL.—The Secretary shall establish a pro23 gram within the Transportation Security Administration,

24 in consultation with the Secretary of Transportation, for

25 reviewing hazardous materials security plans required
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1 under part 172, title 49, Code of Federal Regulations, with2 in 180 days after the date of enactment of this Act. In estab3 lishing the program, the Secretary shall ensure that—

4 (1) the program does not subject carriers to un5 necessarily duplicative reviews of their security plans

6 by the 2 departments; and

7 (2) a common set of standards is used to review

8 the security plans.

9 (b) CIVIL PENALTY.—The failure, by an offerer, car10 rier, or other person subject to part 172 of title 49, Code

11 of Federal Regulations, to comply with any applicable sec12 tion of that part within 180 days after being notified by

13 the Secretary of such failure to comply, is punishable by

14 a civil penalty imposed by the Secretary under title 49,

15 United States Code. For purposes of this subsection, each

16 day of noncompliance after the 181st day following the date

17 on which the offerer, carrier, or other person received notice

18 of the failure shall constitute a separate failure.

19 (c) COMPLIANCE REVIEW.—In reviewing the compli20 ance of hazardous materials offerers, carriers, or other per21 sons subject to part 172 of title 49, Code of Federal Regula22 tions, with the provisions of that part, the Secretary shall

23 utilize risk assessment methodologies to prioritize review

24 and enforcement actions of the highest risk hazardous mate25 rials transportation operations.
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1 (d) TRANSPORTATION COSTS STUDY.—Within 1 year

2 after the date of enactment of this Act, the Secretary of

3 Transportation, in conjunction with the Secretary, shall

4 study to what extent the insurance, security, and safety

5 costs borne by railroad carriers, motor carriers, pipeline

6 carriers, air carriers, and maritime carriers associated

7 with the transportation of hazardous materials are reflected

8 in the rates paid by offerers of such commodities as com9 pared to the costs and rates respectively for the transpor10 tation of non-hazardous materials.

11 (e) FUNDING.—There are authorized to be appro12 priated to the Secretary to carry out this section—

13 (1) $2,000,000 for fiscal year 2008;

14 (2) $2,000,000 for fiscal year 2009; and

15 (3) $2,000,000 for fiscal year 2010.

16 SEC. 1445. TRUCK SECURITY ASSESSMENT.

17 Not later than 1 year after the date of enactment of

18 this Act, the Secretary, in consultation with the Secretary

19 of Transportation, shall transmit to the Senate Committee

20 on Commerce, Science, and Transportation, Senate Com21 mittee on Finance, the House of Representatives Committee

22 on Transportation and Infrastructure, the House of Rep23 resentatives Committee on Homeland Security, and the

24 House of Representatives Committee on Ways and Means,
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1 a report on security issues related to the trucking industry

2 that includes—

3 (1) an assessment of actions already taken to ad4 dress identified security issues by both public and

5 private entities;

6 (2) an assessment of the economic impact that

7 security upgrades of trucks, truck equipment, or truck

8 facilities may have on the trucking industry and its

9 employees, including independent owner-operators;

10 (3) an assessment of ongoing research and the

11 need for additional research on truck security;

12 (4) an assessment of industry best practices to

13 enhance security; and

14 (5) an assessment of the current status of secure

15 motor carrier parking.

16 SEC. 1446. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

17 (a) DEVELOPMENT.—The Secretary, in conjunction

18 with the Secretary of Transportation, shall consider the de19 velopment of a national public sector response system to re20 ceive security alerts, emergency messages, and other infor21 mation used to track the transportation of high hazard ma22 terials which can provide accurate, timely, and actionable

23 information to appropriate first responder, law enforcement

24 and public safety, and homeland security officials, as ap25 propriate, regarding accidents, threats, thefts, or other safe-
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1 ty and security risks or incidents. In considering the devel2 opment of this system, they shall consult with law enforce3 ment and public safety officials, hazardous material ship4 pers, motor carriers, railroads, organizations representing

5 hazardous material employees, State transportation and

6 hazardous materials officials, private for-profit and non7 profit emergency response organizations, and commercial

8 motor vehicle and hazardous material safety groups. Con9 sideration of development of the national public sector re10 sponse system shall be based upon the public sector response

11 center developed for the Transportation Security Adminis12 tration hazardous material truck security pilot program

13 and hazardous material safety and security operational

14 field test undertaken by the Federal Motor Carrier Safety

15 Administration.

16 (b) CAPABILITY.—The national public sector response

17 system to be considered shall be able to receive, as

18 appropriate—

19 (1) negative driver verification alerts;

20 (2) out-of-route alerts;

21 (3) driver panic or emergency alerts; and

22 (4) tampering or release alerts.

23 (c) CHARACTERISTICS.—The national public sector re24 sponse system to be considered shall—

25 (1) be an exception-based system;
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1 (2) be integrated with other private and public

2 sector operation reporting and response systems and

3 all Federal homeland security threat analysis systems

4 or centers (including the National Response Center);

5 and

6 (3) provide users the ability to create rules for

7 alert notification messages.

8 (d) CARRIER PARTICIPATION.—The Secretary shall co9 ordinate with motor carriers and railroads transporting

10 high hazard materials, entities acting on their behalf who

11 receive communication alerts from motor carriers or rail12 roads, or other Federal agencies that receive security and

13 emergency related notification regarding high hazard mate14 rials in transit to facilitate the provisions of the informa15 tion listed in subsection (b) to the national public sector

16 response system to the extent possible if the system is estab17 lished.

18 (e) DATA PRIVACY.—ional public sector response sys19 tem shall be designed to ensure appropriate protection of

20 data and information relating to motor carriers, railroads,

21 and employees.

22 (f) REPORT.—Not later than 180 days after the date

23 of enactment of this Act, the Secretary shall transmit to

24 the Senate Committee on Commerce, Science, and Trans25 portation, the House of Representatives Committee on
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1 Transportation and Infrastructure, and the House of Rep2 resentatives Committee on Homeland Security a report on

3 whether to establish a national public sector response system

4 and the estimated total public and private sector costs to

5 establish and annually operate such a system, together with

6 any recommendations for generating private sector partici7 pation and investment in the development and operation

8 of such a system.

9 (g) FUNDING.—There are authorized to be appro10 priated to the Secretary to carry out this section—

11 (1) $1,000,000 for fiscal year 2008;

12 (2) $1,000,000 for fiscal year 2009; and

13 (3) $1,000,000 for fiscal year 2010.

14 SEC. 1447. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

15 (a) IN GENERAL.—The Secretary shall establish a pro16 gram within the Transportation Security Administration

17 for making grants to private operators of over-the-road

18 buses or over-the-road bus terminal operators for the pur19 poses of emergency preparedness drills and exercises, pro20 tecting high risk/high consequence assets identified through

21 system-wide risk assessment, counter-terrorism training,

22 visible/unpredictable deterrence, public awareness and pre23 paredness campaigns, and including—
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1 (1) constructing and modifying terminals, ga2 rages, facilities, or over-the-road buses to assure their

3 security;

4 (2) protecting or isolating the driver;

5 (3) acquiring, upgrading, installing, or oper6 ating equipment, software, or accessorial services for

7 collection, storage, or exchange of passenger and driv8 er information through ticketing systems or otherwise,

9 and information links with government agencies;

10 (4) training employees in recognizing and re11 sponding to security risks, evacuation procedures,

12 passenger screening procedures, and baggage inspec13 tion;

14 (5) hiring and training security officers;

15 (6) installing cameras and video surveillance

16 equipment on over-the-road buses and at terminals,

17 garages, and over-the-road bus facilities;

18 (7) creating a program for employee identifica19 tion or background investigation;

20 (8) establishing and upgrading emergency com21 munications tracking and control systems; and

22 (9) implementing and operating passenger

23 screening programs at terminals and on over-the-road

24 buses.
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1 (b) DUE CONSIDERATION.—In making grants under

2 this section, the Secretary shall give due consideration to

3 private operators of over-the-road buses that have taken

4 measures to enhance bus transportation security from those

5 in effect before September 11, 2001, and shall prioritize

6 grant funding based on the magnitude and severity of the

7 security risks to bus passengers and the ability of the funded

8 project to reduce, or respond to, that risk.

9 (c) GRANT REQUIREMENTS.—A grant under this sec10 tion shall be subject to all the terms and conditions that

11 a grant is subject to under section 3038(f) of the Transpor12 tation Equity Act for the 21st Century (49 U.S.C. 5310

13 note; 112 Stat. 393).

14 (d) PLAN REQUIREMENT.—

15 (1) IN GENERAL.—The Secretary may not make

16 a grant under this section to a private operator of

17 over-the-road buses until the operator has first sub18 mitted to the Secretary—

19 (A) a plan for making security improve20 ments described in subsection (a) and the Sec21 retary has reviewed or approved the plan; and

22 (B) such additional information as the Sec23 retary may require to ensure accountability for

24 the obligation and expenditure of amounts made

25 available to the operator under the grant.
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1 (2) COORDINATION.—To the extent that an ap2 plication for a grant under this section proposes secu3 rity improvements within a specific terminal owned

4 and operated by an entity other than the applicant,

5 the applicant shall demonstrate to the satisfaction of

6 the Secretary that the applicant has coordinated the

7 security improvements for the terminal with that en8 tity.

9 (e) OVER-THE-ROAD BUS DEFINED.—In this section,

10 the term ‘‘over-the-road bus’’ means a bus characterized by

11 an elevated passenger deck located over a baggage compart12 ment.

13 (f) BUS SECURITY ASSESSMENT.—

14 (1) IN GENERAL.—Not later than 1 year after

15 the date of enactment of this Act, the Secretary shall

16 transmit to the Senate Committee on Commerce,

17 Science, and Transportation, the House of Represent18 atives Committee on Transportation and Infrastruc19 ture, and the House of Representatives Committee on

20 Homeland Security a report in accordance with the

21 requirements of this section.

22 (2) CONTENTS OF REPORT.—The report shall

23 include—

24 (A) an assessment of the over-the-road bus

25 security grant program;
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1 (B) an assessment of actions already taken

2 to address identified security issues by both pub3 lic and private entities and recommendations on

4 whether additional safety and security enforce5 ment actions are needed;

6 (C) an assessment of whether additional leg7 islation is needed to provide for the security of

8 Americans traveling on over-the-road buses;

9 (D) an assessment of the economic impact

10 that security upgrades of buses and bus facilities

11 may have on the over-the-road bus transpor12 tation industry and its employees;

13 (E) an assessment of ongoing research and

14 the need for additional research on over-the-road

15 bus security, including engine shut-off mecha16 nisms, chemical and biological weapon detection

17 technology, and the feasibility of

18 compartmentalization of the driver;

19 (F) an assessment of industry best practices

20 to enhance security; and

21 (G) an assessment of school bus security, if

22 the Secretary deems it appropriate.

23 (3) CONSULTATION WITH INDUSTRY, LABOR, AND

24 OTHER GROUPS.—In carrying out this section, the

25 Secretary shall consult with over-the-road bus man-
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1 agement and labor representatives, public safety and

2 law enforcement officials, and the National Academy

3 of Sciences.

4 (g) FUNDING.—

5 (1) IN GENERAL.—There are authorized to be ap6 propriated to the Secretary to carry out this section—

7 (A) $12,000,000 for fiscal year 2008;

8 (B) $25,000,000 for fiscal year 2009; and

9 (C) $25,000,000 for fiscal year 2010.

10 (2) AVAILABILITY OF APPROPRIATED FUNDS.—

11 Amounts appropriated pursuant to paragraph (1)

12 shall remain available until expended.

13 SEC. 1448. PIPELINE SECURITY AND INCIDENT RECOVERY

14 PLAN.

15 (a) IN GENERAL.—The Secretary, in consultation with

16 the Secretary of Transportation and the Pipeline and Haz17 ardous Materials Safety Administration, and in accordance

18 with the Memorandum of Understanding Annex executed

19 on August 9, 2006, shall develop a Pipeline Security and

20 Incident Recovery Protocols Plan. The plan shall include—

21 (1) a plan for the Federal Government to provide

22 increased security support to the most critical inter23 state and intrastate natural gas and hazardous liquid

24 transmission pipeline infrastructure and operations

25 as determined under section 1449—
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1 (A) at severe security threat levels of alert;

2 or

3 (B) when specific security threat informa4 tion relating to such pipeline infrastructure or

5 operations exists; and

6 (2) an incident recovery protocol plan, developed

7 in conjunction with interstate and intrastate trans8 mission and distribution pipeline operators and ter9 minals and facilities operators connected to pipelines,

10 to develop protocols to ensure the continued transpor11 tation of natural gas and hazardous liquids to essen12 tial markets and for essential public health or na13 tional defense uses in the event of an incident affect14 ing the interstate and intrastate natural gas and haz15 ardous liquid transmission and distribution pipeline

16 system, which shall include protocols for granting ac17 cess to pipeline operators for pipeline infrastructure

18 repair, replacement or bypass following an incident.

19 (b) EXISTING PRIVATE AND PUBLIC SECTOR EF20 FORTS.—The plan shall take into account actions taken or

21 planned by both private and public entities to address iden22 tified pipeline security issues and assess the effective inte23 gration of such actions.

24 (c) CONSULTATION.—In developing the plan under

25 subsection (a), the Secretary shall consult with the Sec-
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1 retary of Transportation, interstate and intrastate trans2 mission and distribution pipeline operators, pipeline labor,

3 first responders, shippers, State pipeline safety agencies,

4 public safety officials, and other relevant parties.

5 (d) REPORT.—

6 (1) CONTENTS.—Not later than 2 years after the

7 date of enactment of this Act, the Secretary shall

8 transmit to the Committee on Commerce, Science,

9 and Transportation of the Senate, the Committee on

10 Homeland Security of the House of Representatives,

11 and the Committee on Transportation and Infrastruc12 ture of the House of Representatives a report con13 taining the plan required by subsection (a), along

14 with an estimate of the private and public sector costs

15 to implement any recommendations.

16 (2) FORMAT.—The Secretary may submit the re17 port in both classified and redacted formats if the

18 Secretary determines that such action is appropriate

19 or necessary.

20 SEC. 1449. PIPELINE SECURITY INSPECTIONS AND EN21 FORCEMENT.

22 (a) IN GENERAL.—Within 1 year after the date of en23 actment of this Act, the Secretary, in consultation with the

24 Secretary of Transportation, shall establish a program for

25 reviewing pipeline operator adoption of recommendations
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1 in the September 5, 2002, Department of Transportation

2 Research and Special Programs Administration Pipeline

3 Security Information Circular, including the review of

4 pipeline security plans and critical facility inspections.

5 (b) REVIEW AND INSPECTION.—Within 9 months after

6 the date of enactment of this Act, the Secretary and the Sec7 retary of Transportation shall develop and implement a

8 plan for reviewing the pipeline security plan and an in9 spection of the critical facilities of the 100 most critical

10 pipeline operators covered by the September 5, 2002, cir11 cular, where such facilities have not been inspected for secu12 rity purposes since September 5, 2002, by either the Depart13 ment of Homeland Security or the Department of Transpor14 tation.

15 (c) COMPLIANCE REVIEW METHODOLOGY.—In review16 ing pipeline operator compliance under subsections (a) and

17 (b), risk assessment methodologies shall be used to prioritize

18 risks and to target inspection and enforcement actions to

19 the highest risk pipeline assets.

20 (d) REGULATIONS.—Within 1 year after the date of

21 enactment of this Act, the Secretary and the Secretary of

22 Transportation shall develop and transmit to pipeline oper23 ators security recommendations for natural gas and haz24 ardous liquid pipelines and pipeline facilities. If the Sec25 retary determines that regulations are appropriate, the Sec-
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1 retary shall consult with the Secretary of Transportation

2 on the extent of risk and appropriate mitigation measures,

3 and the Secretary or the Secretary of Transportation, con4 sistent with the memorandum of understanding annex

5 signed on August 9, 2006, shall promulgate such regulations

6 and carry out necessary inspection and enforcement ac7 tions. Any regulations should incorporate the guidance pro8 vided to pipeline operators by the September 5, 2002, De9 partment of Transportation Research and Special Pro10 grams Administration’s Pipeline Security Information Cir11 cular and contain additional requirements as necessary

12 based upon the results of the inspections performed under

13 subsection (b). The regulations shall include the imposition

14 of civil penalties for non-compliance.

15 (e) FUNDING.—There are authorized to be appro16 priated to the Secretary to carry out this section—

17 (1) $2,000,000 for fiscal year 2008; and

18 (2) $2,000,000 for fiscal year 2009.

19 SEC. 1450. TECHNICAL CORRECTIONS.

20 Section 5103a of title 49, United States Code, is

21 amended—

22 (1) by inserting ‘‘of Homeland Security’’ after

23 ‘‘Secretary’’ each place it appears in subsections

24 (a)(1), (d)(1)(b), and (e); and
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1 (2) by redesignating subsection (h) as subsection

2 (i), and inserting the following after subsection (g):

3 ‘‘(h) RELATIONSHIP TO TRANSPORTATION SECURITY

4 CARDS.—Upon application, a State shall issue to an indi5 vidual a license to operate a motor vehicle transporting in

6 commerce a hazardous material without the security assess7 ment required by this section, provided the individual meets

8 all other applicable requirements for such a license, if the

9 Secretary of Homeland Security has previously determined,

10 under section 70105 of title 46, United States Code, that

11 the individual does not pose a security risk.’’.

12 SEC. 1451. CERTAIN PERSONNEL LIMITATIONS NOT TO

13 APPLY.

14 Any statutory limitation on the number of employees

15 in the Transportation Security Administration of the De16 partment of Transportation, before or after its transfer to

17 the Department of Homeland Security, does not apply to

18 the extent that any such employees are responsible for im19 plementing the provisions of this title.

20 SEC. 1452. MARITIME AND SURFACE TRANSPORTATION SE21 CURITY USER FEE STUDY.

22 (a) IN GENERAL.—The Secretary of Homeland Secu23 rity shall conduct a study of the need for, and feasibility

24 of, establishing a system of maritime and surface transpor25 tation-related user fees that may be imposed and collected
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1 as a dedicated revenue source, on a temporary or con2 tinuing basis, to provide necessary funding for legitimate

3 improvements to, and maintenance of, maritime and sur4 face transportation security. In developing the study, the

5 Secretary shall consult with maritime and surface trans6 portation carriers, shippers, passengers, facility owners and

7 operators, and other persons as determined by the Sec8 retary. Not later than 1 year after the date of the enactment

9 of this Act, the Secretary shall submit a report to the appro10 priate congressional committees that contains—

11 (1) the results of the study;

12 (2) an assessment of the annual sources of fund13 ing collected through maritime and surface transpor14 tation at ports of entry and a detailed description of

15 the distribution and use of such funds, including the

16 amount and percentage of such sources that are dedi17 cated to improve and maintain security;

18 (3)(A) an assessment of the fees, charges, and

19 standards imposed on United States ports, port ter20 minal operators, shippers, carriers, and other persons

21 who use United States ports of entry compared with

22 the fees and charges imposed on Canadian and Mexi23 can ports, Canadian and Mexican port terminal op24 erators, shippers, carriers, and other persons who use

25 Canadian or Mexican ports of entry; and
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1 (B) an assessment of the impact of such fees,

2 charges, and standards on the competitiveness of

3 United States ports, port terminal operators, rail4 roads, motor carriers, pipelines, other transportation

5 modes, and shippers;

6 (4) an assessment of private efforts and invest7 ments to secure maritime and surface transportation

8 modes, including those that are operational and those

9 that are planned; and

10 (5) the Secretary’s recommendations based upon

11 the study, and an assessment of the consistency of

12 such recommendations with the international obliga13 tions and commitments of the United States.

14 (b) DEFINITIONS.—In this section:

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional commit17 tees’’ has the meaning given that term by section 2(1)

18 of the SAFE Port Act (6 U.S.C. 901(1)).

19 (2) PORT OF ENTRY.—The term ‘‘port of entry’’

20 means any port or other facility through which for21 eign goods are permitted to enter the customs terri22 tory of a country under official supervision.

23 (3) MARITIME AND SURFACE TRANSPOR24 TATION.—The term ‘‘maritime and surface transpor-
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1 tation’’ includes oceanborne, rail, and vehicular

2 transportation.

3 SEC. 1453. DHS INSPECTOR GENERAL REPORT ON HIGHWAY

4 WATCH GRANT PROGRAM.

5 Within 90 days after the date of enactment of this Act,

6 the Inspector General of the Department of Homeland Secu7 rity shall submit a report to the Senate Committee on Com8 merce, Science, and Transportation and Committee on

9 Homeland Security and Governmental Affairs on the

10 Trucking Security Grant Program for fiscal years 2004 and

11 2005 that—

12 (1) addresses the grant announcement, applica13 tion, receipt, review, award, monitoring, and closeout

14 processes; and

15 (2) states the amount obligated or expended

16 under the program for fiscal years 2004 and 2005

17 for—

18 (A) infrastructure protection;

19 (B) training;

20 (C) equipment;

21 (D) educational materials;

22 (E) program administration;

23 (E) marketing; and

24 (F) other functions.
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1 SEC. 1454. PROHIBITION OF ISSUANCE OF TRANSPOR2 TATION SECURITY CARDS TO CONVICTED

3 FELONS.

4 (a) IN GENERAL.—Section 70105 of title 46, United

5 States Code, is amended—

6 (1) in subsection (b)(1), by striking ‘‘decides that

7 the individual poses a security risk under subsection

8 (c)’’ and inserting ‘‘determines under subsection (c)

9 that the individual poses a security risk’’; and

10 (2) in subsection (c), by amending paragraph

11 (1) to read as follows:

12 ‘‘(1) DISQUALIFICATIONS.—

13 ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL

14 OFFENSES.—Except as provided under para15 graph (2), an individual is permanently dis16 qualified from being issued a biometric transpor17 tation security card under subsection (b) if the

18 individual has been convicted, or found not

19 guilty by reason of insanity, in a civilian or

20 military jurisdiction of any of the following felo21 nies:

22 ‘‘(i) Espionage or conspiracy to com23 mit espionage.

24 ‘‘(ii) Sedition or conspiracy to commit

25 sedition.
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1 ‘‘(iii) Treason or conspiracy to commit

2 treason.

3 ‘‘(iv) A Federal crime of terrorism (as

4 defined in section 2332b(g) of title 18), a

5 comparable State law, or conspiracy to

6 commit such crime.

7 ‘‘(v) A crime involving a transpor8 tation security incident.

9 ‘‘(vi) Improper transportation of a

10 hazardous material under section 5124 of

11 title 49, or a comparable State law.

12 ‘‘(vii) Unlawful possession, use, sale,

13 distribution, manufacture, purchase, re14 ceipt, transfer, shipping, transporting, im15 port, export, storage of, or dealing in an ex16 plosive or explosive device. In this clause,

17 an explosive or explosive device includes—

18 ‘‘(I) an explosive (as defined in

19 sections 232(5) and 844(j) of title 18);

20 ‘‘(II) explosive materials (as de21 fined in subsections (c) through (f) of

22 section 841 of title 18); and

23 ‘‘(III) a destructive device (as de24 fined in 921(a)(4) of title 18 and sec-
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1 tion 5845(f) of the Internal Revenue

2 Code of 1986).

3 ‘‘(viii) Murder.

4 ‘‘(ix) Making any threat, or mali5 ciously conveying false information know6 ing the same to be false, concerning the de7 liverance, placement, or detonation of an

8 explosive or other lethal device in or against

9 a place of public use, a State or other gov10 ernment facility, a public transportation

11 system, or an infrastructure facility.

12 ‘‘(x) A violation of the Racketeer Influ13 enced and Corrupt Organizations Act (18

14 U.S.C. 1961 et seq.), or a comparable State

15 law, if 1 of the predicate acts found by a

16 jury or admitted by the defendant consists

17 of 1 of the crimes listed in this subpara18 graph.

19 ‘‘(xi) Attempt to commit any of the

20 crimes listed in clauses (i) through (iv).

21 ‘‘(xii) Conspiracy or attempt to com22 mit any of the crimes described in clauses

23 (v) through (x).

24 ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF25 FENSES.—Except as provided under paragraph
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1 (2), an individual is disqualified from being

2 issued a biometric transportation security card

3 under subsection (b) if the individual has been

4 convicted, or found not guilty by reason of in5 sanity, during the 7-year period ending on the

6 date on which the individual applies for such

7 card, or was released from incarceration during

8 the 5-year period ending on the date on which

9 the individual applies for such card, of any of

10 the following felonies:

11 ‘‘(i) Unlawful possession, use, sale,

12 manufacture, purchase, distribution, re13 ceipt, transfer, shipping, transporting, de14 livery, import, export of, or dealing in a

15 firearm or other weapon. In this clause, a

16 firearm or other weapon includes—

17 ‘‘(I) firearms (as defined in sec18 tion 921(a)(3) of title 18 and section

19 5845(a) of the Internal Revenue Code

20 of 1986); and

21 ‘‘(II) items contained on the

22 United States Munitions Import List

23 under section 447.21 of title 27, Code

24 of Federal Regulations.

25 ‘‘(ii) Extortion.
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1 ‘‘(iii) Dishonesty, fraud, or misrepre2 sentation, including identity fraud and

3 money laundering if the money laundering

4 is related to a crime described in this sub5 paragraph or subparagraph (A). In this

6 clause, welfare fraud and passing bad

7 checks do not constitute dishonesty, fraud,

8 or misrepresentation.

9 ‘‘(iv) Bribery.

10 ‘‘(v) Smuggling.

11 ‘‘(vi) Immigration violations.

12 ‘‘(vii) Distribution of, possession with

13 intent to distribute, or importation of a

14 controlled substance.

15 ‘‘(viii) Arson.

16 ‘‘(ix) Kidnapping or hostage taking.

17 ‘‘(x) Rape or aggravated sexual abuse.

18 ‘‘(xi) Assault with intent to kill.

19 ‘‘(xii) Robbery.

20 ‘‘(xiii) Conspiracy or attempt to com21 mit any of the crimes listed in this sub22 paragraph.

23 ‘‘(xiv) Fraudulent entry into a seaport

24 under section 1036 of title 18, or a com25 parable State law.
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1 ‘‘(xv) A violation of the Racketeer In2 fluenced and Corrupt Organizations Act (18

3 U.S.C. 1961 et seq.) or a comparable State

4 law, other than any of the violations listed

5 in subparagraph (A)(x).

6 ‘‘(C) UNDER WANT WARRANT, OR INDICT7 MENT.—An applicant who is wanted, or under

8 indictment, in any civilian or military jurisdic9 tion for a felony listed in this paragraph, is dis10 qualified from being issued a biometric transpor11 tation security card under subsection (b) until

12 the want or warrant is released or the indict13 ment is dismissed.

14 ‘‘(D) DETERMINATION OF ARREST STA15 TUS.—

16 ‘‘(i) IN GENERAL.—If a fingerprint17 based check discloses an arrest for a dis18 qualifying crime listed in this section with19 out indicating a disposition, the Transpor20 tation Security Administration shall notify

21 the applicant of such disclosure and provide

22 the applicant with instructions on how the

23 applicant can clear the disposition, in ac24 cordance with clause (ii).
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1 ‘‘(ii) BURDEN OF PROOF.—In order to

2 clear a disposition under this subpara3 graph, an applicant shall submit written

4 proof to the Transportation Security Ad5 ministration, not later than 60 days after

6 receiving notification under clause (i), that

7 the arrest did not result in conviction for

8 the disqualifying criminal offense.

9 ‘‘(iii) NOTIFICATION OF DISQUALIFICA10 TION.—If the Transportation Security Ad11 ministration does not receive proof in ac12 cordance with the Transportation Security

13 Administration’s procedures for waiver of

14 criminal offenses and appeals, the Trans15 portation Security Administration shall

16 notify—

17 ‘‘(I) the applicant that he or she

18 is disqualified from being issued a bio19 metric transportation security card

20 under subsection (b);

21 ‘‘(II) the State that the applicant

22 is disqualified, in the case of a haz23 ardous materials endorsement; and
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1 ‘‘(III) the Coast Guard that the

2 applicant is disqualified, if the appli3 cant is a mariner.

4 ‘‘(E) OTHER POTENTIAL DISQUALIFICA5 TIONS.—Except as provided under subpara6 graphs (A) through (C), an individual may not

7 be denied a transportation security card under

8 subsection (b) unless the Secretary determines

9 that individual—

10 ‘‘(i) has been convicted within the pre11 ceding 7-year period of a felony or found

12 not guilty by reason of insanity of a

13 felony—

14 ‘‘(I) that the Secretary believes

15 could cause the individual to be a ter16 rorism security risk to the United

17 States; or

18 ‘‘(II) for causing a severe trans19 portation security incident;

20 ‘‘(ii) has been released from incarcer21 ation within the preceding 5-year period for

22 committing a felony described in clause (i);

23 ‘‘(iii) may be denied admission to the

24 United States or removed from the United
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1 States under the Immigration and Nation2 ality Act (8 U.S.C. 1101 et seq.); or

3 ‘‘(iv) otherwise poses a terrorism secu4 rity risk to the United States.

5 ‘‘(F) MODIFICATION OF LISTED OF6 FENSES.—The Secretary may, by rulemaking,

7 add or modify the offenses described in para8 graph (1)(A) or (B).’’.

9 (b) CONFORMING AMENDMENT.—Section 70101 of title

10 49, United States Code, is amended—

11 (1) by redesignating paragraphs (2) through (6)

12 as paragraphs (3) through (7); and

13 (2) by inserting after paragraph (1) the fol14 lowing:

15 ‘‘(2) The term ‘economic disruption’ does not in16 clude a work stoppage or other employee-related ac17 tion not related to terrorism and resulting from an

18 employer-employee dispute.’’.

19 SEC. 1455. PROHIBITION OF ISSUANCE OF TRANSPOR20 TATION SECURITY CARDS TO CONVICTED

21 FELONS.

22 (a) IN GENERAL.—Section 70105 of title 46, United

23 States Code, is amended—

24 (1) in subsection (b)(1), by striking ‘‘decides that

25 the individual poses a security risk under subsection
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1 (c)’’ and inserting ‘‘determines under subsection (c)

2 that the individual poses a security risk’’; and

3 (2) in subsection (c), by amending paragraph

4 (1) to read as follows:

5 ‘‘(1) DISQUALIFICATIONS.—

6 ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL

7 OFFENSES.—Except as provided under para8 graph (2), an individual is permanently dis9 qualified from being issued a biometric transpor10 tation security card under subsection (b) if the

11 individual has been convicted, or found not

12 guilty by reason of insanity, in a civilian or

13 military jurisdiction of any of the following felo14 nies:

15 ‘‘(i) Espionage or conspiracy to com16 mit espionage.

17 ‘‘(ii) Sedition or conspiracy to commit

18 sedition.

19 ‘‘(iii) Treason or conspiracy to commit

20 treason.

21 ‘‘(iv) A Federal crime of terrorism (as

22 defined in section 2332b(g) of title 18), a

23 comparable State law, or conspiracy to

24 commit such crime.
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1 ‘‘(v) A crime involving a transpor2 tation security incident.

3 ‘‘(vi) Improper transportation of a

4 hazardous material under section 5124 of

5 title 49, or a comparable State law.

6 ‘‘(vii) Unlawful possession, use, sale,

7 distribution, manufacture, purchase, re8 ceipt, transfer, shipping, transporting, im9 port, export, storage of, or dealing in an ex10 plosive or explosive device. In this clause,

11 an explosive or explosive device includes—

12 ‘‘(I) an explosive (as defined in

13 sections 232(5) and 844(j) of title 18);

14 ‘‘(II) explosive materials (as de15 fined in subsections (c) through (f) of

16 section 841 of title 18); and

17 ‘‘(III) a destructive device (as de18 fined in 921(a)(4) of title 18 and sec19 tion 5845(f) of the Internal Revenue

20 Code of 1986).

21 ‘‘(viii) Murder.

22 ‘‘(ix) Making any threat, or mali23 ciously conveying false information know24 ing the same to be false, concerning the de25 liverance, placement, or detonation of an
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1 explosive or other lethal device in or against

2 a place of public use, a State or other gov3 ernment facility, a public transportation

4 system, or an infrastructure facility.

5 ‘‘(x) A violation of the Racketeer Influ6 enced and Corrupt Organizations Act (18

7 U.S.C. 1961 et seq.), or a comparable State

8 law, if 1 of the predicate acts found by a

9 jury or admitted by the defendant consists

10 of 1 of the crimes listed in this subpara11 graph.

12 ‘‘(xi) Attempt to commit any of the

13 crimes listed in clauses (i) through (iv).

14 ‘‘(xii) Conspiracy or attempt to com15 mit any of the crimes described in clauses

16 (v) through (x).

17 ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF18 FENSES.—Except as provided under paragraph

19 (2), an individual is disqualified from being

20 issued a biometric transportation security card

21 under subsection (b) if the individual has been

22 convicted, or found not guilty by reason of in23 sanity, during the 7-year period ending on the

24 date on which the individual applies for such

25 card, or was released from incarceration during
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1 the 5-year period ending on the date on which

2 the individual applies for such card, of any of

3 the following felonies:

4 ‘‘(i) Unlawful possession, use, sale,

5 manufacture, purchase, distribution, re6 ceipt, transfer, shipping, transporting, de7 livery, import, export of, or dealing in a

8 firearm or other weapon. In this clause, a

9 firearm or other weapon includes—

10 ‘‘(I) firearms (as defined in sec11 tion 921(a)(3) of title 18 and section

12 5845(a) of the Internal Revenue Code

13 of 1986); and

14 ‘‘(II) items contained on the

15 United States Munitions Import List

16 under section 447.21 of title 27, Code

17 of Federal Regulations.

18 ‘‘(ii) Extortion.

19 ‘‘(iii) Dishonesty, fraud, or misrepre20 sentation, including identity fraud and

21 money laundering if the money laundering

22 is related to a crime described in this sub23 paragraph or subparagraph (A). In this

24 clause, welfare fraud and passing bad
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1 checks do not constitute dishonesty, fraud,

2 or misrepresentation.

3 ‘‘(iv) Bribery.

4 ‘‘(v) Smuggling.

5 ‘‘(vi) Immigration violations.

6 ‘‘(vii) Distribution of, possession with

7 intent to distribute, or importation of a

8 controlled substance.

9 ‘‘(viii) Arson.

10 ‘‘(ix) Kidnapping or hostage taking.

11 ‘‘(x) Rape or aggravated sexual abuse.

12 ‘‘(xi) Assault with intent to kill.

13 ‘‘(xii) Robbery.

14 ‘‘(xiii) Conspiracy or attempt to com15 mit any of the crimes listed in this sub16 paragraph.

17 ‘‘(xiv) Fraudulent entry into a seaport

18 under section 1036 of title 18, or a com19 parable State law.

20 ‘‘(xv) A violation of the Racketeer In21 fluenced and Corrupt Organizations Act (18

22 U.S.C. 1961 et seq.) or a comparable State

23 law, other than any of the violations listed

24 in subparagraph (A)(x).
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1 ‘‘(C) UNDER WANT WARRANT, OR INDICT2 MENT.—An applicant who is wanted, or under

3 indictment, in any civilian or military jurisdic4 tion for a felony listed in this paragraph, is dis5 qualified from being issued a biometric transpor6 tation security card under subsection (b) until

7 the want or warrant is released or the indict8 ment is dismissed.

9 ‘‘(D) DETERMINATION OF ARREST STA10 TUS.—

11 ‘‘(i) IN GENERAL.—If a fingerprint12 based check discloses an arrest for a dis13 qualifying crime listed in this section with14 out indicating a disposition, the Transpor15 tation Security Administration shall notify

16 the applicant of such disclosure and provide

17 the applicant with instructions on how the

18 applicant can clear the disposition, in ac19 cordance with clause (ii).

20 ‘‘(ii) BURDEN OF PROOF.—In order to

21 clear a disposition under this subpara22 graph, an applicant shall submit written

23 proof to the Transportation Security Ad24 ministration, not later than 60 days after

25 receiving notification under clause (i), that
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1 the arrest did not result in conviction for

2 the disqualifying criminal offense.

3 ‘‘(iii) NOTIFICATION OF DISQUALIFICA4 TION.—If the Transportation Security Ad5 ministration does not receive proof in ac6 cordance with the Transportation Security

7 Administration’s procedures for waiver of

8 criminal offenses and appeals, the Trans9 portation Security Administration shall

10 notify—

11 ‘‘(I) the applicant that he or she

12 is disqualified from being issued a bio13 metric transportation security card

14 under subsection (b);

15 ‘‘(II) the State that the applicant

16 is disqualified, in the case of a haz17 ardous materials endorsement; and

18 ‘‘(III) the Coast Guard that the

19 applicant is disqualified, if the appli20 cant is a mariner.

21 ‘‘(E) OTHER POTENTIAL DISQUALIFICA22 TIONS.—Except as provided under subpara23 graphs (A) through (C), an individual may not

24 be denied a transportation security card under
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1 subsection (b) unless the Secretary determines

2 that individual—

3 ‘‘(i) has been convicted within the pre4 ceding 7-year period of a felony or found

5 not guilty by reason of insanity of a

6 felony—

7 ‘‘(I) that the Secretary believes

8 could cause the individual to be a ter9 rorism security risk to the United

10 States; or

11 ‘‘(II) for causing a severe trans12 portation security incident;

13 ‘‘(ii) has been released from incarcer14 ation within the preceding 5-year period for

15 committing a felony described in clause (i);

16 ‘‘(iii) may be denied admission to the

17 United States or removed from the United

18 States under the Immigration and Nation19 ality Act (8 U.S.C. 1101 et seq.); or

20 ‘‘(iv) otherwise poses a terrorism secu21 rity risk to the United States.

22 ‘‘(F) MODIFICATION OF LISTED OF23 FENSES.—The Secretary may, by rulemaking,

24 add to the offenses described in paragraph (1)(A)

25 or (B).’’.
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1 (b) CONFORMING AMENDMENT.—Section 70101 of title

2 49, United States Code, is amended—

3 (1) by redesignating paragraphs (2) through (6)

4 as paragraphs (3) through (7); and

5 (2) by inserting after paragraph (1) the fol6 lowing:

7 ‘‘(2) The term ‘economic disruption’ does not in8 clude a work stoppage or other employee-related ac9 tion not related to terrorism and resulting from an

10 employer-employee dispute.’’.

11 Subtitle B—Aviation Security

12 Improvement

13 SEC. 1461. EXTENSION OF AUTHORIZATION FOR AVIATION

14 SECURITY FUNDING.

15 Section 48301(a) of title 49, United States Code, is

16 amended by striking ‘‘and 2006’’ and inserting ‘‘2006,

17 2007, 2008, and 2009’’.

18 SEC. 1462. PASSENGER AIRCRAFT CARGO SCREENING.

19 (a) IN GENERAL.—Section 44901 of title 49, United

20 States Code, is amended—

21 (1) by redesignating subsections (g) and (h) as

22 subsections (h) and (i), respectively; and

23 (2) by inserting after subsection (f) the following:

24 ‘‘(g) AIR CARGO ON PASSENGER AIRCRAFT.—
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1 ‘‘(1) IN GENERAL.—Not later than 3 years after

2 the date of enactment of the Transportation Security

3 and Interoperable Communication Capabilities Act,

4 the Secretary of Homeland Security, acting through

5 the Administrator of the Transportation Security Ad6 ministration, shall establish a system to screen all

7 cargo transported on passenger aircraft operated by

8 an air carrier or foreign air carrier in air transpor9 tation or intrastate air transportation to ensure the

10 security of all such passenger aircraft carrying cargo.

11 ‘‘(2) MINIMUM STANDARDS.—The system referred

12 to in paragraph (1) shall require, at a minimum,

13 that the equipment, technology, procedures, personnel,

14 or other methods determined by the Administrator of

15 the Transportation Security Administration, provide

16 a level of security comparable to the level of security

17 in effect for passenger checked baggage.

18 ‘‘(3) REGULATIONS.—

19 ‘‘(A) INTERIM FINAL RULE.—The Secretary

20 of Homeland Security may issue an interim

21 final rule as a temporary regulation to imple22 ment this subsection without regard to the provi23 sions of chapter 5 of title 5.

24 ‘‘(B) FINAL RULE.—
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1 ‘‘(i) IN GENERAL.—If the Secretary

2 issues an interim final rule under subpara3 graph (A), the Secretary shall issue, not

4 later than 1 year after the effective date of

5 the interim final rule, a final rule as a per6 manent regulation to implement this sub7 section in accordance with the provisions of

8 chapter 5 of title 5.

9 ‘‘(ii) FAILURE TO ACT.—If the Sec10 retary does not issue a final rule in accord11 ance with clause (i) on or before the last

12 day of the 1-year period referred to in

13 clause (i), the Secretary shall submit a re14 port to the Congress explaining why the

15 final rule was not timely issued and pro16 viding an estimate of the earliest date on

17 which the final rule will be issued. The Sec18 retary shall submit the first such report

19 within 10 days after such last day and sub20 mit a report to the Congress containing up21 dated information every 60 days thereafter

22 until the final rule is issued.

23 ‘‘(iii) SUPERSEDING OF INTERIM FINAL

24 RULE.—The final rule issued in accordance

25 with this subparagraph shall supersede the
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1 interim final rule issued under subpara2 graph (A).

3 ‘‘(4) REPORT.—Not later than 1 year after the

4 date on which the system required by paragraph (1)

5 is established, the Secretary shall transmit a report to

6 Congress that details and explains the system.’’.

7 (b) ASSESSMENT OF EXEMPTIONS.—

8 (1) TSA ASSESSMENT OF EXEMPTIONS.—

9 (A) IN GENERAL.—Not later than 180 days

10 after the date of enactment of this Act, the Sec11 retary of Homeland Security, through the Ad12 ministrator of the Transportation Security Ad13 ministration, shall submit a report to Congress

14 and to the Comptroller General containing an

15 assessment of each exemption granted under sec16 tion 44901(i) of title 49, United States Code, for

17 the screening required by section 44901(g)(1) of

18 that title for cargo transported on passenger air19 craft and an analysis to assess the risk of main20 taining such exemption. The Secretary may sub21 mit the report in both classified and redacted

22 formats if the Secretary determines that such ac23 tion is appropriate or necessary.

24 (B) CONTENTS.—The report shall include—

25 (i) the rationale for each exemption;
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1 (ii) a statement of the percentage of

2 cargo that is not screened as a result of each

3 exemption;

4 (iii) the impact of each exemption on

5 aviation security;

6 (iv) the projected impact on the flow of

7 commerce of eliminating such exemption;

8 and

9 (v) a statement of any plans, and the

10 rationale, for maintaining, changing, or

11 eliminating each exemption.

12 (2) GAO ASSESSMENT.—Not later than 120 days

13 after the date on which the report required under

14 paragraph (1) is submitted, the Comptroller General

15 shall review the report and provide to Congress an as16 sessment of the methodology used for determinations

17 made by the Secretary for maintaining, changing, or

18 eliminating an exemption.

19 SEC. 1463. BLAST-RESISTANT CARGO CONTAINERS.

20 Section 44901 of title 49, United States Code, as

21 amended by section 1462, is amended by adding at the end

22 the following:

23 ‘‘(j) BLAST-RESISTANT CARGO CONTAINERS.—
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1 ‘‘(1) IN GENERAL.—Before January 1, 2008, the

2 Administrator of the Transportation Security Admin3 istration shall—

4 ‘‘(A) evaluate the results of the blast-resist5 ant cargo container pilot program instituted be6 fore the date of enactment of the Transportation

7 Security and Interoperable Communication Ca8 pabilities Act;

9 ‘‘(B) based on that evaluation, begin the ac10 quisition of a sufficient number of blast-resistant

11 cargo containers to meet the requirements of the

12 Transportation Security Administration’s cargo

13 security program under subsection (g); and

14 ‘‘(C) develop a system under which the

15 Administrator—

16 ‘‘(i) will make such containers avail17 able for use by passenger aircraft operated

18 by air carriers or foreign air carriers in air

19 transportation or intrastate air transpor20 tation on a random or risk-assessment basis

21 as determined by the Administrator, in suf22 ficient number to enable the carriers to meet

23 the requirements of the Administration’s

24 cargo security system; and
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1 ‘‘(ii) provide for the storage, mainte2 nance, and distribution of such containers.

3 ‘‘(2) DISTRIBUTION TO AIR CARRIERS.—Within

4 90 days after the date on which the Administrator

5 completes development of the system required by para6 graph (1)(C), the Administrator of the Transpor7 tation Security Administration shall implement that

8 system and begin making blast-resistant cargo con9 tainers available to such carriers as necessary.’’.

10 SEC. 1464. PROTECTION OF AIR CARGO ON PASSENGER

11 PLANES FROM EXPLOSIVES.

12 (a) TECHNOLOGY RESEARCH AND PILOT PROJECTS.—

13 (1) RESEARCH AND DEVELOPMENT.—The Sec14 retary of Homeland Security shall expedite research

15 and development for technology that can disrupt or

16 prevent an explosive device from being introduced

17 onto a passenger plane or from damaging a passenger

18 plane while in flight or on the ground. The research

19 shall include blast resistant cargo containers and

20 other promising technology and will be used in con21 cert with implementation of section 44901(j) of title

22 49, United States Code, as amended by section 1463

23 of this title.
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1 (2) PILOT PROJECTS.—The Secretary, in con2 junction with the Secretary of Transportation, shall

3 establish a grant program to fund pilot projects—

4 (A) to deploy technologies described in

5 paragraph (1); and

6 (B) to test technology to expedite the recov7 ery, development, and analysis of information

8 from aircraft accidents to determine the cause of

9 the accident, including deployable flight deck

10 and voice recorders and remote location record11 ing devices.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

13 authorized to be appropriated to the Secretary of Homeland

14 Security for fiscal year 2008 such sums as may be necessary

15 to carry out this section, such funds to remain available

16 until expended.

17 SEC. 1465. IN-LINE BAGGAGE SCREENING.

18 (a) EXTENSION OF AUTHORIZATION.—Section

19 44923(i)(1) of title 49, United States Code, is amended by

20 striking ‘‘2007.’’ and inserting ‘‘2007, and $450,000,000 for

21 each of fiscal years 2008 and 2009.’’.

22 (b) REPORT.—Within 30 days after the date of enact23 ment of this Act, the Secretary of Homeland Security shall

24 submit the report the Secretary was required by section

25 4019(d) of the Intelligence Reform and Terrorism Preven-
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1 tion Act of 2004 (49 U.S.C. 44901 note) to have submitted

2 in conjunction with the submission of the budget for fiscal

3 year 2006.

4 SEC. 1466. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

5 (a) IN GENERAL.—Section 44923 of title 49, United

6 States Code, is amended—

7 (1) by striking ‘‘may’’ in subsection (a) and in8 serting ‘‘shall’’;

9 (2) by striking ‘‘may’’ in subsection (d)(1) and

10 inserting ‘‘shall’’;

11 (3) by striking ‘‘2007’’ in subsection (h)(1) and

12 inserting ‘‘2028’’;

13 (4) by striking paragraphs (2) and (3) of sub14 section (h) and inserting the following:

15 ‘‘(2) ALLOCATION.—Of the amount made avail16 able under paragraph (1) for a fiscal year, not less

17 than $200,000,000 shall be allocated to fulfill letters

18 of intent issued under subsection (d).

19 ‘‘(3) DISCRETIONARY GRANTS.—Of the amount

20 made available under paragraph (1) for a fiscal year,

21 up to $50,000,000 shall be used to make discretionary

22 grants, with priority given to small hub airports and

23 non-hub airports.’’; and

24 (5) by redesignating subsection (i) as subsection

25 (j), and inserting after subsection (h) the following:
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1 ‘‘(i) LEVERAGED FUNDING.—For purposes of this sec2 tion, a grant under subsection (a) to an airport sponsor

3 to service an obligation issued by or on behalf of that spon4 sor to fund a project described in subsection (a) shall be

5 considered to be a grant for that project.’’.

6 (b) PRIORITIZATION OF PROJECTS.—

7 (1) IN GENERAL.—The Administrator shall cre8 ate a prioritization schedule for airport security im9 provement projects described in section 44923(b) of

10 title 49, United States Code, based on risk and other

11 relevant factors, to be funded under the grant pro12 gram provided by that section. The schedule shall in13 clude both hub airports (as defined in section

14 41731(a)(3) of title 49, United States Code) and

15 nonhub airports (as defined in section 41731(a)4) of

16 title 49, United States Code).

17 (2) AIRPORTS THAT HAVE COMMENCED

18 PROJECTS.—The schedule shall include airports that

19 have incurred eligible costs associated with develop20 ment of partial in-line baggage systems before the

21 date of enactment of this Act in reasonable anticipa22 tion of receiving a grant under section 44923 of title

23 49, United States Code, in reimbursement of those

24 costs but that have not received such a grant.
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1 (3) REPORT.—Within 180 days after the date of

2 enactment of this Act, the Administrator shall provide

3 a copy of the prioritization schedule, a corresponding

4 timeline, and a description of the funding allocation

5 under section 44923 of title 49, United States Code,

6 to the Senate Committee on Commerce, Science, and

7 Transportation and the House of Representatives

8 Committee on Homeland Security.

9 SEC. 1467. RESEARCH AND DEVELOPMENT OF AVIATION

10 TRANSPORTATION SECURITY TECHNOLOGY.

11 Section 137(a) of the Aviation and Transportation Se12 curity Act (49 U.S.C. 44912 note) is amended—

13 (1) by striking ‘‘2002 through 2006,’’ and insert14 ing ‘‘2006 through 2009,’’;

15 (2) by striking ‘‘aviation’’ and inserting ‘‘trans16 portation’’; and

17 (3) by striking ‘‘2002 and 2003’’ and inserting

18 ‘‘2006 through 2009’’.

19 SEC. 1468. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO

20 APPLY.

21 (a) IN GENERAL.—Notwithstanding any provision of

22 law to the contrary, any statutory limitation on the number

23 of employees in the Transportation Security Administra24 tion, before or after its transfer to the Department of Home-
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1 land Security from the Department of Transportation, does

2 not apply after fiscal year 2007.

3 (b) AVIATION SECURITY.—Notwithstanding any provi4 sion of law imposing a limitation on the recruiting or hir5 ing of personnel into the Transportation Security Adminis6 tration to a maximum number of permanent positions, the

7 Secretary of Homeland Security shall recruit and hire such

8 personnel into the Administration as may be necessary—

9 (1) to provide appropriate levels of aviation se10 curity; and

11 (2) to accomplish that goal in such a manner

12 that the average aviation security-related delay expe13 rienced by airline passengers is reduced to a level of

14 less than 10 minutes.

15 SEC. 1469. SPECIALIZED TRAINING.

16 The Administrator of the Transportation Security Ad17 ministration shall provide advanced training to transpor18 tation security officers for the development of specialized se19 curity skills, including behavior observation and analysis,

20 explosives detection, and document examination, in order

21 to enhance the effectiveness of layered transportation secu22 rity measures.
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1 SEC. 1470. EXPLOSIVE DETECTION AT PASSENGER SCREEN2 ING CHECKPOINTS.

3 (a) IN GENERAL.—Within 90 days after the date of

4 enactment of this Act, the Secretary of Homeland Security

5 shall issue the strategic plan the Secretary was required by

6 section 44925(a) of title 49, United States Code, to have

7 issued within 90 days after the date of enactment of the

8 Intelligence Reform and Terrorism Prevention Act of 2004.

9 (b) DEPLOYMENT.—Section 44925(b) of title 49,

10 United States Code, is amended by adding at the end the

11 following:

12 ‘‘(3) FULL DEPLOYMENT.—The Secretary shall

13 begin full implementation of the strategic plan within

14 1 year after the date of enactment of the Transpor15 tation Security and Interoperable Communication

16 Capabilities Act.’’.

17 SEC. 1471. APPEAL AND REDRESS PROCESS FOR PAS18 SENGERS WRONGLY DELAYED OR PROHIB19 ITED FROM BOARDING A FLIGHT.

20 (a) IN GENERAL.—Subtitle C of title IV of the Home21 land Security Act of 2002 (6 U.S.C. 231 et seq.) is amended

22 by adding at the end the following:
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1 ‘‘SEC. 432. APPEAL AND REDRESS PROCESS FOR PAS2 SENGERS WRONGLY DELAYED OR PROHIB3 ITED FROM BOARDING A FLIGHT.

4 ‘‘(a) IN GENERAL.—The Secretary shall establish a

5 timely and fair process for individuals who believe they

6 have been delayed or prohibited from boarding a commer7 cial aircraft because they were wrongly identified as a

8 threat under the regimes utilized by the Transportation Se9 curity Administration, the Bureau of Customs and Border

10 Protection, or any other Department entity.

11 ‘‘(b) OFFICE OF APPEALS AND REDRESS.—

12 ‘‘(1) ESTABLISHMENT.—The Secretary shall es13 tablish an Office of Appeals and Redress to imple14 ment, coordinate, and execute the process established

15 by the Secretary pursuant to subsection (a). The Of16 fice shall include representatives from the Transpor17 tation Security Administration, U.S. Customs and

18 Border Protection, and other agencies or offices as ap19 propriate.

20 ‘‘(2) RECORDS.—The process established by the

21 Secretary pursuant to subsection (a) shall include the

22 establishment of a method by which the Office of Ap23 peals and Redress, under the direction of the Sec24 retary, will be able to maintain a record of air car25 rier passengers and other individuals who have been
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1 misidentified and have corrected erroneous informa2 tion.

3 ‘‘(3) INFORMATION.—To prevent repeated delays

4 of an misidentified passenger or other individual, the

5 Office of Appeals and Redress shall—

6 ‘‘(A) ensure that the records maintained

7 under this subsection contain information deter8 mined by the Secretary to authenticate the iden9 tity of such a passenger or individual;

10 ‘‘(B) furnish to the Transportation Security

11 Administration, the Bureau of Customs and Bor12 der Protection, or any other appropriate Depart13 ment entity, upon request, such information as

14 may be necessary to allow such agencies to assist

15 air carriers in improving their administration

16 of the advanced passenger prescreening system

17 and reduce the number of false positives; and

18 ‘‘(C) require air carriers and foreign air

19 carriers take action to properly and automati20 cally identify passengers determined, under the

21 process established under subsection (a), to have

22 been wrongly identified.’’.

23 (b) CLERICAL AMENDMENT.—The table of contents in

24 section 1(b) of the Homeland Security Act of 2002 is
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1 amended by inserting after the item relating to section 431

2 the following:

‘‘Sec. 432. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight’’.

3 SEC. 1472. STRATEGIC PLAN TO TEST AND IMPLEMENT AD4 VANCED PASSENGER PRESCREENING SYS5 TEM.

6 (a) IN GENERAL.—Not later than 180 days after the

7 date of enactment of this Act, the Secretary of Homeland

8 Security, in consultation with the Administrator of the

9 Transportation Security Administration, shall submit to

10 the Congress a plan that—

11 (1) describes the system to be utilized by the De12 partment of Homeland Security to assume the per13 formance of comparing passenger information, as de14 fined by the Administrator of the Transportation Se15 curity Administration, to the automatic selectee and

16 no-fly lists, as well as the consolidated and integrated

17 terrorist watchlist maintained by the Federal Govern18 ment;

19 (2) provides a projected timeline for each phase

20 of testing and implementation of the system;

21 (3) explains how the system will be integrated

22 with the prescreening system for passengers on inter23 national flights; and
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1 (4) describes how the system complies with sec2 tion 552a of title 5, United States Code.

3 (b) GAO ASSESSMENT.—No later than 90 days after

4 the date of enactment of this Act, the Comptroller General

5 shall submit a report to the Senate Committee on Com6 merce, Science, and Transportation and the House Com7 mittee on Homeland Security that—

8 (1) describes the progress made by the Transpor9 tation Security Administration in implementing the

10 Secure Flight passenger pre-screening program;

11 (2) describes the effectiveness of the current ap12 peals process for passengers wrongly assigned to the

13 no-fly and terrorist watch lists;

14 (3) describes the Transportation Security Ad15 ministration’s plan to protect private passenger infor16 mation and progress made in integrating the system

17 with the pre-screening program for international

18 flights operated by the Bureau of Customs and Border

19 Protection;

20 (4) provides a realistic determination of when

21 the system will be completed; and

22 (5) includes any other relevant observations or

23 recommendations the Comptroller General deems ap24 propriate.
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1 SEC. 1473. REPAIR STATION SECURITY.

2 (a) CERTIFICATION OF FOREIGN REPAIR STATIONS

3 SUSPENSION.—If the regulations required by section

4 44924(f) of title 49, United States Code, are not issued

5 within 90 days after the date of enactment of this Act, the

6 Administrator of the Federal Aviation Administration may

7 not certify any foreign repair station under part 145 of

8 title 14, Code of Federal Regulations, after such 90th day

9 unless the station was previously certified by the Adminis10 tration under that part.

11 (b) 6-MONTH DEADLINE FOR SECURITY REVIEW AND

12 AUDIT.—Subsections (a) and (d) of section 44924 of title

13 49, United States Code, are each amended by striking ‘‘18

14 months’’ and inserting ‘‘6 months’’.

15 SEC. 1474. GENERAL AVIATION SECURITY.

16 Section 44901 of title 49, United States Code, as

17 amended by section 1463, is amended by adding at the end

18 the following:

19 ‘‘(k) GENERAL AVIATION AIRPORT SECURITY PRO20 GRAM.—

21 ‘‘(1) IN GENERAL.—Within 1 year after the date

22 of enactment of the Transportation Security and

23 Interoperable Communication Capabilities Act, the

24 Administrator of the Transportation Security Admin25 istration shall—
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1 ‘‘(A) develop a standardized threat and vul2 nerability assessment program for general avia3 tion airports (as defined in section 47134(m));

4 and

5 ‘‘(B) implement a program to perform such

6 assessments on a risk-assessment basis at general

7 aviation airports.

8 ‘‘(2) GRANT PROGRAM.—Within 6 months after

9 date of enactment of the Transportation Security and

10 Interoperable Communication Capabilities Act, the

11 Administrator shall initiate and complete a study of

12 the feasibility of a program, based on a risk-managed

13 approach, to provide grants to general aviation air14 port operators for projects to upgrade security at gen15 eral aviation airports (as defined in section

16 47134(m)). If the Administrator determines that such

17 a program is feasible, the Administrator shall estab18 lish such a program.

19 ‘‘(3) APPLICATION TO FOREIGN-REGISTERED

20 GENERAL AVIATION AIRCRAFT.—Within 180 days

21 after the date of enactment of the Transportation Se22 curity and Interoperable Communication Capabilities

23 Act, the Administrator shall develop a risk-based sys24 tem under which—
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1 ‘‘(A) foreign-registered general aviation air2 craft, as identified by the Administrator, in co3 ordination with the Administrator of the Federal

4 Aviation Administration, are required to submit

5 passenger information at the same time as, and

6 in conjunction with, advance notification re7 quirements for Customs and Border Protection

8 before entering United States airspace; and

9 ‘‘(B) such information is checked against

10 appropriate databases maintained by the Trans11 portation Security Administration.

12 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated to the Sec14 retary of Homeland Security such sums as may be

15 necessary to carry out any program established under

16 paragraph (2).’’.

17 SEC. 1475. SECURITY CREDENTIALS FOR AIRLINE CREWS.

18 Within 180 days after the date of enactment of this

19 Act, the Administrator of the Transportation Security Ad20 ministration shall, after consultation with airline, airport,

21 and flight crew representatives, transmit a report to the

22 Senate Committee on Commerce, Science, and Transpor23 tation and the House of Representatives Committee on

24 Transportation and Infrastructure on the status of its ef25 forts to institute a sterile area access system or method that
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1 will enhance security by properly identifying authorized

2 airline flight deck and cabin crew members at screening

3 checkpoints and granting them expedited access through

4 screening checkpoints. The Administrator shall include in

5 the report recommendations on the feasibility of imple6 menting the system for the domestic aviation industry be7 ginning 1 year after the date on which the report is sub8 mitted. The Administrator shall begin full implementation

9 of the system or method not later than 1 year after the date

10 on which the Administrator transmits the report.

11 SEC. 1476. NATIONAL EXPLOSIVES DETECTION CANINE

12 TEAM TRAINING CENTER.

13 (a) IN GENERAL.—

14 (1) INCREASED TRAINING CAPACITY.—Within

15 180 days after the date of enactment of this Act, the

16 Secretary of Homeland Security shall begin to in17 crease the capacity of the Department of Homeland

18 Security’s National Explosives Detection Canine

19 Team Program at Lackland Air Force Base to accom20 modate the training of up to 200 canine teams annu21 ally by the end of calendar year 2008.

22 (2) EXPANSION DETAILED REQUIREMENTS.—The

23 expansion shall include upgrading existing facilities,

24 procurement of additional canines, and increasing

25 staffing and oversight commensurate with the in-
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1 creased training and deployment capabilities required

2 by paragraph (1).

3 (3) ULTIMATE EXPANSION.—The Secretary shall

4 continue to increase the training capacity and all

5 other necessary program expansions so that by De6 cember 31, 2009, the number of canine teams suffi7 cient to meet the Secretary’s homeland security mis8 sion, as determined by the Secretary on an annual

9 basis, may be trained at this facility.

10 (b) ALTERNATIVE TRAINING CENTERS.—Based on fea11 sibility and to meet the ongoing demand for quality explo12 sives detection canines teams, the Secretary shall explore

13 the options of creating the following:

14 (1) A standardized Transportation Security Ad15 ministration approved canine program that private

16 sector entities could use to provide training for addi17 tional explosives detection canine teams. For any such

18 program, the Secretary—

19 (A) may coordinate with key stakeholders,

20 including international, Federal, State, local,

21 private sector and academic entities, to develop

22 best practice guidelines for such a standardized

23 program;
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1 (B) shall require specific training criteria

2 to which private sector entities must adhere as a

3 condition of participating in the program; and

4 (C) shall review the status of these private

5 sector programs on at least an annual basis.

6 (2) Expansion of explosives detection canine

7 team training to at least 2 additional national train8 ing centers, to be modeled after the Center of Excel9 lence established at Lackland Air Force Base.

10 (c) DEPLOYMENT.—The Secretary—

11 (1) shall use the additional explosives detection

12 canine teams as part of the Department’s layers of

13 enhanced mobile security across the Nation’s trans14 portation network and to support other homeland se15 curity programs, as deemed appropriate by the Sec16 retary; and

17 (2) may make available explosives detection ca18 nine teams to all modes of transportation, for areas

19 of high risk or to address specific threats, on an as20 needed basis and as otherwise deemed appropriate by

21 the Secretary.

22 SEC. 1477. LAW ENFORCEMENT BIOMETRIC CREDENTIAL.

23 (a) IN GENERAL.—Paragraph (6) of section 44903(h)

24 of title 49, United States Code, is amended to read as fol25 lows:
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1 ‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR

2 ARMED LAW ENFORCEMENT TRAVEL.—

3 ‘‘(A) IN GENERAL.—Not later than 1 year

4 after the date of enactment of the Improving

5 America’s Security Act of 2007, the Secretary of

6 Homeland Security shall—

7 ‘‘(i) consult with the Attorney General

8 concerning implementation of this para9 graph;

10 ‘‘(ii) issue any necessary rulemaking to

11 implement this paragraph; and

12 ‘‘(iii) establishing a national registered

13 armed law enforcement program for law en14 forcement officers needing to be armed when

15 traveling by air.

16 ‘‘(B) PROGRAM REQUIREMENTS.—The pro17 gram shall—

18 ‘‘(i) establish a credential or a system

19 that incorporates biometric technology and

20 other applicable technologies;

21 ‘‘(ii) provide a flexible solution for law

22 enforcement officers who need to be armed

23 when traveling by air on a regular basis

24 and for those who need to be armed during

25 temporary travel assignments;
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1 ‘‘(iii) be coordinated with other uni2 form credentialing initiatives including the

3 Homeland Security Presidential Directive

4 12;

5 ‘‘(iv) be applicable for all Federal,

6 State, local, tribal and territorial govern7 ment law enforcement agencies; and

8 ‘‘(v) establish a process by which the

9 travel credential or system may be used to

10 verify the identity, using biometric tech11 nology, of a Federal, State, local, tribal, or

12 territorial law enforcement officer seeking to

13 carry a weapon on board an aircraft, with14 out unnecessarily disclosing to the public

15 that the individual is a law enforcement of16 ficer.

17 ‘‘(C) PROCEDURES.—In establishing the

18 program, the Secretary shall develop

19 procedures—

20 ‘‘(i) to ensure that only Federal, State,

21 local, tribal, and territorial government law

22 enforcement officers with a specific need to

23 be armed when traveling by air are issued

24 a law enforcement travel credential;
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1 ‘‘(ii) to preserve the anonymity of the

2 armed law enforcement officer without call3 ing undue attention to the individual’s

4 identity;

5 ‘‘(iii) to resolve failures to enroll, false

6 matches, and false non-matches relating to

7 use of the law enforcement travel credential

8 or system; and

9 ‘‘(iv) to invalidate any law enforce10 ment travel credential or system that is lost,

11 stolen, or no longer authorized for use.’’.

12 (b) REPORT.—Within 180 days after implementing the

13 national registered armed law enforcement program re14 quired by section 44903(h)(6) of title 49, United States

15 Code, the Secretary of Homeland Security shall transmit

16 a report to the Senate Committee on Commerce, Science,

17 and Transportation. If the Secretary has not implemented

18 the program within 180 days after the date of enactment

19 of this Act, the Secretary shall issue a report to the Com20 mittee within 180 days explaining the reasons for the fail21 ure to implement the program within the time required by

22 that section, and a further report within each successive

23 180-day period until the program is implemented explain24 ing the reasons for such further delays in implementation

25 until the program is implemented. The Secretary shall sub-
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1 mit each report required by this subsection in classified for2 mat.

3 SEC. 1478. EMPLOYEE RETENTION INTERNSHIP PROGRAM.

4 The Assistant Secretary of Homeland Security (Trans5 portation Security Administration), shall establish a pilot

6 program at a small hub airport, a medium hub airport,

7 and a large hub airport (as those terms are defined in para8 graphs (42), (31), and (29), respectively, of section 40102

9 of title 49, United States Code) for training students to per10 form screening of passengers and property under section

11 44901 of title 49, United States Code. The program shall

12 be an internship for pre-employment training of final-year

13 students from public and private secondary schools located

14 in nearby communities. Under the program, participants

15 shall perform only those security responsibilities determined

16 to be appropriate for their age and in accordance with ap17 plicable law and shall be compensated for training and

18 services time while participating in the program.

19 SEC. 1479. PILOT PROJECT TO REDUCE THE NUMBER OF

20 TRANSPORTATION SECURITY OFFICERS AT

21 AIRPORT EXIT LANES.

22 (a) IN GENERAL.—The Administrator of the Trans23 portation Security Administration (referred to in this sec24 tion as the ‘‘Administrator’’) shall conduct a pilot program

25 to identify technological solutions for reducing the number
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1 of Transportation Security Administration employees at

2 airport exit lanes.

3 (b) PROGRAM COMPONENTS.—In conducting the pilot

4 program under this section, the Administrator shall—

5 (1) utilize different technologies that protect the

6 integrity of the airport exit lanes from unauthorized

7 entry; and

8 (2) work with airport officials to deploy such

9 technologies in multiple configurations at a selected

10 airport or airports at which some of the exits are not

11 co-located with a screening checkpoint.

12 (c) REPORTS.—

13 (1) INITIAL BRIEFING.—Not later than 180 days

14 after the enactment of this Act, the Administrator

15 shall conduct a briefing to the congressional commit16 tees set forth in paragraph (3) that describes—

17 (A) the airports selected to participate in

18 the pilot program;

19 (B) the potential savings from imple20 menting the technologies at selected airport exits;

21 (C) the types of configurations expected to

22 be deployed at such airports; and

23 (D) the expected financial contribution from

24 each airport.
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1 (2) FINAL REPORT.—Not later than 1 year after

2 the technologies are deployed at the airports partici3 pating in the pilot program, the Administrator shall

4 submit a final report to the congressional committees

5 described in paragraph (3) that describes—

6 (A) the security measures deployed;

7 (B) the projected cost savings; and

8 (C) the efficacy of the program and its ap9 plicability to other airports in the United States.

10 (3) CONGRESSIONAL COMMITTEES.—The reports

11 required under this subsection shall be submitted to—

12 (A) the Committee on Commerce, Science,

13 and Transportation of the Senate;

14 (B) the Committee on Appropriations of the

15 Senate;

16 (C) the Committee on Homeland Security

17 and Governmental Affairs of the Senate;

18 (D) the Committee on Homeland Security

19 of the House of Representatives; and

20 (E) the Committee on Appropriations of the

21 House of Representatives.

22 (d) USE OF EXISTING FUNDS.—Provisions contained

23 within this section will be executed using existing funds.
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1 Subtitle C—Interoperable

2 Emergency Communications

3 SEC. 1481. INTEROPERABLE EMERGENCY COMMUNICA4 TIONS.

5 (a) IN GENERAL.—Section 3006 of Public Law 109–

6 171 (47 U.S.C. 309 note) is amended—

7 (1) by striking paragraphs (1) and (2) of sub8 section (a) and inserting the following:

9 ‘‘(1) may take such administrative action as is

10 necessary to establish and implement a grant pro11 gram to assist public safety agencies—

12 ‘‘(A) in conducting statewide or regional

13 planning and coordination to improve the inter14 operability of emergency communications;

15 ‘‘(B) in supporting the design and engineer16 ing of interoperable emergency communications

17 systems;

18 ‘‘(C) in supporting the acquisition or de19 ployment of interoperable communications

20 equipment, software, or systems that improve or

21 advance the interoperability with public safety

22 communications systems;

23 ‘‘(D) in obtaining technical assistance and

24 conducting training exercises related to the use of
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1 interoperable emergency communications equip2 ment and systems; and

3 ‘‘(E) in establishing and implementing a

4 strategic technology reserve to pre-position or se5 cure interoperable communications in advance

6 for immediate deployment in an emergency or

7 major disaster (as defined in section 102(2) of

8 Public Law 93–288 (42 U.S.C. 5122)); and

9 ‘‘(2) shall make payments of not to exceed

10 $1,000,000,000, in the aggregate, through fiscal year

11 2010 from the Digital Television Transition and Pub12 lic Safety Fund established under section 309(j)(8)(E)

13 of the Communications Act of 1934 (47 U.S.C.

14 309(j)(8)(E)) to carry out the grant program estab15 lished under paragraph (1), of which not more than

16 $100,000,000, in the aggregate, may be allocated for

17 grants under paragraph (1)(E).’’;

18 (2) by redesignating subsections (b), (c), and (d)

19 as subsections (l), (m), and (n), respectively, and in20 serting after subsection (a) the following:

21 ‘‘(b) EXPEDITED IMPLEMENTATION.—Pursuant to sec22 tion 4 of the Call Home Act of 2006, no less than

23 $1,000,000,000 shall be awarded for grants under subsection

24 (a) no later than September 30, 2007, subject to the receipt
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1 of qualified applications as determined by the Assistant

2 Secretary.

3 ‘‘(c) ALLOCATION OF FUNDS.—In awarding grants

4 under subparagraphs (A) through (D) of subsection (a)(1),

5 the Assistant Secretary shall ensure that grant awards—

6 ‘‘(1) result in distributions to public safety enti7 ties among the several States that are consistent with

8 section 1014(c)(3) of the USA PATRIOT ACT (42

9 U.S.C. 3714(c)(3)); and

10 ‘‘(2) are prioritized based upon threat and risk

11 factors that reflect an all-hazards approach to com12 munications preparedness and that takes into account

13 the risks associated with, and the likelihood of the oc14 currence of, terrorist attacks or natural catastrophes

15 (including, but not limited to, hurricanes, tornados,

16 storms, high water, winddriven water, tidal waves,

17 tsunami, earthquakes, volcanic eruptions, landslides,

18 mudslides, snow and ice storms, forest fires, or

19 droughts) in a State.

20 ‘‘(d) ELIGIBILITY.—To be eligible for assistance under

21 the grant program established under subsection (a), an ap22 plicant shall submit an application, at such time, in such

23 form, and containing such information as the Assistant

24 Secretary may require, including—
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1 ‘‘(1) a detailed explanation of how assistance re2 ceived under the program would be used to improve

3 regional, State, or local communications interoper4 ability and ensure interoperability with other appro5 priate public safety agencies in an emergency or a

6 major disaster; and

7 ‘‘(2) assurance that the equipment and system

8 would—

9 ‘‘(A) be compatible with the communica10 tions architecture developed under section

11 7303(a)(1)(E) of the Intelligence Reform and

12 Terrorism Prevention Act of 2004 (6 U.S.C.

13 194(a)(1)(E));

14 ‘‘(B) meet any voluntary consensus stand15 ards developed under section 7303(a)(1)(D) of

16 that Act (6 U.S.C. 194(a)(1)(D)) to the extent

17 that such standards exist for a given category of

18 equipment; and

19 ‘‘(C) be consistent with the common grant

20 guidance established under section 7303(a)(1)(H)

21 of that Act (6 U.S.C. 194(a)(1)(H)).

22 ‘‘(e) CRITERIA FOR CERTAIN GRANTS.—In awarding

23 grants under subparagraphs (A) through (D) of subsection

24 (a)(1), the Assistant Secretary shall ensure that all grants

25 funded are consistent with Federal grant guidance estab-
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1 lished by the SAFECOM Program within the Department

2 of Homeland Security.

3 ‘‘(f) CRITERIA FOR STRATEGIC TECHNOLOGY RESERVE

4 GRANTS.—

5 ‘‘(1) IN GENERAL.—In awarding grants under

6 subsection (a)(1)(E), the Assistant Secretary shall

7 consider the continuing technological evolution of

8 communications technologies and devices, with its im9 plicit risk of obsolescence, and shall ensure, to the

10 maximum extent feasible, that a substantial part of

11 the reserve involves prenegotiated contracts and other

12 arrangements for rapid deployment of equipment,

13 supplies, and systems (and communications service

14 related to such equipment, supplies, and systems),

15 rather than the warehousing or storage of equipment

16 and supplies currently available at the time the re17 serve is established.

18 ‘‘(2) REQUIREMENTS AND CHARACTERISTICS.—A

19 reserve established under paragraph (1) shall—

20 ‘‘(A) be capable of re-establishing commu21 nications when existing infrastructure is dam22 aged or destroyed in an emergency or a major

23 disaster;

24 ‘‘(B) include appropriate current, widely25 used equipment, such as Land Mobile Radio Sys-
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1 tems, cellular telephones and satellite-enabled

2 equipment (and related communications service),

3 Cells-On-Wheels, Cells-On-Light-Trucks, or other

4 self-contained mobile cell sites that can be towed,

5 backup batteries, generators, fuel, and computers;

6 ‘‘(C) include equipment on hand for the

7 Governor of each State, key emergency response

8 officials, and appropriate State or local per9 sonnel;

10 ‘‘(D) include contracts (including

11 prenegotiated contracts) for rapid delivery of the

12 most current technology available from commer13 cial sources; and

14 ‘‘(E) include arrangements for training to

15 ensure that personnel are familiar with the oper16 ation of the equipment and devices to be deliv17 ered pursuant to such contracts.

18 ‘‘(3) ADDITIONAL CHARACTERISTICS.—Portions

19 of the reserve may be virtual and may include items

20 donated on an in-kind contribution basis.

21 ‘‘(4) CONSULTATION.—In developing the reserve,

22 the Assistant Secretary shall seek advice from the Sec23 retary of Defense and the Secretary of Homeland Se24 curity, as well as national public safety organiza25 tions, emergency managers, State, local, and tribal
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1 governments, and commercial providers of such sys2 tems and equipment.

3 ‘‘(5) ALLOCATION AND USE OF FUNDS.—The As4 sistant Secretary shall allocate—

5 ‘‘(A) a portion of the reserve’s funds for

6 block grants to States to enable each State to es7 tablish a strategic technology reserve within its

8 borders in a secure location to allow immediate

9 deployment; and

10 ‘‘(B) a portion of the reserve’s funds for re11 gional Federal strategic technology reserves to fa12 cilitate any Federal response when necessary, to

13 be held in each of the Federal Emergency Man14 agement Agency’s regional offices, including Bos15 ton, Massachusetts (Region 1), New York, New

16 York (Region 2), Philadelphia, Pennsylvania

17 (Region 3), Atlanta, Georgia (Region 4), Chi18 cago, Illinois (Region 5), Denton, Texas (Region

19 6), Kansas City, Missouri (Region 7), Denver,

20 Colorado (Region 8), Oakland, California (Re21 gion 9), Bothell, Washington (Region 10), and

22 each of the noncontiguous States for immediate

23 deployment.

24 ‘‘(g) VOLUNTARY CONSENSUS STANDARDS.—In car25 rying out this section, the Assistant Secretary, in coopera-
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1 tion with the Secretary of Homeland Security shall identify

2 and, if necessary, encourage the development and imple3 mentation of, voluntary consensus standards for interoper4 able communications systems to the greatest extent prac5 ticable, but shall not require any such standard.

6 ‘‘(h) USE OF ECONOMY ACT.—In implementing the

7 grant program established under subsection (a)(1), the As8 sistant Secretary may seek assistance from other Federal

9 agencies in accordance with section 1535 of title 31, United

10 States Code.

11 ‘‘(i) INSPECTOR GENERAL REPORT.—Beginning with

12 the first fiscal year beginning after the date of enactment

13 of the Transportation Security and Interoperable Commu14 nication Capabilities Act, the Inspector General of the De15 partment of Commerce shall conduct an annual assessment

16 of the management of the grant program implemented

17 under subsection (a)(1) and transmit a report containing

18 the findings of that assessment and any recommendations

19 related thereto to the Senate Committee on Commerce,

20 Science, and Transportation and the House of Representa21 tives Committee on Energy and Commerce.

22 ‘‘(j) DEADLINE FOR IMPLEMENTATION PROGRAM

23 RULES.—Within 90 days after the date of enactment of the

24 Transportation Security and Interoperable Communication

25 Capabilities Act, the Assistant Secretary, in consultation
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1 with the Secretary of Homeland Security and the Federal

2 Communications Commission, shall promulgate final pro3 gram rules for the implementation of this section.

4 ‘‘(k) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed or interpreted to preclude the use

6 of funds under this section by any public safety agency for

7 interim or long-term Internet Protocol-based interoperable

8 solutions, notwithstanding compliance with the Project 25

9 standard.’’; and

10 (3) by striking paragraph (3) of subsection (n),

11 as so redesignated.

12 (b) FCC REPORT ON EMERGENCY COMMUNICATIONS

13 BACK-UP SYSTEM.—

14 (1) IN GENERAL.—Not later than 1 year after

15 the date of enactment of this Act, the Federal Commu16 nications Commission, in coordination with the As17 sistant Secretary of Commerce for Communications

18 and Information and the Secretary of Homeland Se19 curity, shall evaluate the technical feasibility of cre20 ating a back-up emergency communications system

21 that complements existing communications resources

22 and takes into account next generation and advanced

23 telecommunications technologies. The overriding objec24 tive for the evaluation shall be providing a framework

25 for the development of a resilient interoperable com-
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1 munications system for emergency responders in an

2 emergency. The Commission shall evaluate all reason3 able options, including satellites, wireless, and terres4 trial-based communications systems and other alter5 native transport mechanisms that can be used in tan6 dem with existing technologies.

7 (2) FACTORS TO BE EVALUATED.—The evalua8 tion under paragraph (1) shall include—

9 (A) a survey of all Federal agencies that use

10 terrestrial or satellite technology for communica11 tions security and an evaluation of the feasi12 bility of using existing systems for the purpose

13 of creating such an emergency back-up public

14 safety communications system;

15 (B) the feasibility of using private satellite,

16 wireless, or terrestrial networks for emergency

17 communications;

18 (C) the technical options, cost, and deploy19 ment methods of software, equipment, handsets

20 or desktop communications devices for public

21 safety entities in major urban areas, and nation22 wide; and

23 (D) the feasibility and cost of necessary

24 changes to the network operations center of ter25 restrial-based or satellite systems to enable the
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1 centers to serve as emergency back-up commu2 nications systems.

3 (3) REPORT.—Upon the completion of the eval4 uation under subsection (a), the Commission shall

5 submit a report to Congress that details the findings

6 of the evaluation, including a full inventory of exist7 ing public and private resources most efficiently ca8 pable of providing emergency communications.

9 (c) JOINT ADVISORY COMMITTEE ON COMMUNICATIONS

10 CAPABILITIES OF EMERGENCY MEDICAL CARE FACILI11 TIES.—

12 (1) ESTABLISHMENT.—The Assistant Secretary

13 of Commerce for Communications and Information

14 and the Chairman of Federal Communications Com15 mission, in consultation with the Secretary of Home16 land Security and the Secretary of Health and

17 Human Services, shall establish a joint advisory com18 mittee to examine the communications capabilities

19 and needs of emergency medical care facilities. The

20 joint advisory committee shall be composed of indi21 viduals with expertise in communications technologies

22 and emergency medical care, including representa23 tives of Federal, State and local governments, indus24 try and non-profit health organizations, and aca25 demia and educational institutions.
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1 (2) DUTIES.—The joint advisory committee

2 shall—

3 (A) assess specific communications capabili4 ties and needs of emergency medical care facili5 ties, including the including improvement of

6 basic voice, data, and broadband capabilities;

7 (B) assess options to accommodate growth of

8 basic and emerging communications services

9 used by emergency medical care facilities;

10 (C) assess options to improve integration of

11 communications systems used by emergency med12 ical care facilities with existing or future emer13 gency communications networks; and

14 (D) report its findings to the Senate Com15 mittee on Commerce, Science, and Transpor16 tation and the House of Representatives Com17 mittee on Energy and Commerce, within 6

18 months after the date of enactment of this Act.

19 (d) AUTHORIZATION OF EMERGENCY MEDICAL COM20 MUNICATIONS PILOT PROJECTS.—

21 (1) IN GENERAL.—The Assistant Secretary of

22 Commerce for Communications and Information may

23 establish not more than 10 geographically dispersed

24 project grants to emergency medical care facilities to
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1 improve the capabilities of emergency communica2 tions systems in emergency medical care facilities.

3 (2) MAXIMUM AMOUNT.—The Assistant Secretary

4 may not provide more than $2,000,000 in Federal as5 sistance under the pilot program to any applicant.

6 (3) COST SHARING.—The Assistant Secretary

7 may not provide more than 50 percent of the cost, in8 curred during the period of the grant, of any project

9 under the pilot program.

10 (4) MAXIMUM PERIOD OF GRANTS.—The Assist11 ant Secretary may not fund any applicant under the

12 pilot program for more than 3 years.

13 (5) DEPLOYMENT AND DISTRIBUTION.—The As14 sistant Secretary shall seek to the maximum extent

15 practicable to ensure a broad geographic distribution

16 of project sites.

17 (6) TRANSFER OF INFORMATION AND KNOWL18 EDGE.—The Assistant Secretary shall establish mech19 anisms to ensure that the information and knowledge

20 gained by participants in the pilot program are

21 transferred among the pilot program participants

22 and to other interested parties, including other appli23 cants that submitted applications.
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1 SEC. 1482. RULE OF CONSTRUCTION.

2 (a) IN GENERAL.—Title VI of the Post-Katrina Emer3 gency Management Reform Act of 2006 (Public Law 109–

4 295) is amended by adding at the end the following:

5 ‘‘SEC. 699B. RULE OF CONSTRUCTION.

6 ‘‘Nothing in this title, including the amendments made

7 by this title, may be construed to reduce or otherwise limit

8 the authority of the Department of Commerce or the Federal

9 Communications Commission.’’.

10 (b) EFFECTIVE DATE.—The amendment made by this

11 section shall take effect as though enacted as part of the

12 Department of Homeland Security Appropriations Act,

13 2007.

14 SEC. 1483. CROSS BORDER INTEROPERABILITY REPORTS.

15 (a) IN GENERAL.—Not later than 90 days after the

16 date of enactment of this Act, the Federal Communications

17 Commission, in conjunction with the Department of Home18 land Security, the Office of Management of Budget, and the

19 Department of State shall report to the Senate Committee

20 on Commerce, Science, and Transportation and the House

21 of Representatives Committee on Energy and Commerce

22 on—

23 (1) the status of the mechanism established by

24 the President under section 7303(c) of the Intelligence

25 Reform and Terrorism Prevention Act of 2004 (6
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1 U.S.C. 194(c)) for coordinating cross border inter2 operability issues between—

3 (A) the United States and Canada; and

4 (B) the United States and Mexico;

5 (2) the status of treaty negotiations with Canada

6 and Mexico regarding the coordination of the re-band7 ing of 800 megahertz radios, as required under the

8 final rule of the Federal Communication Commission

9 in the ‘‘Private Land Mobile Services; 800 MHz Pub10 lic Safety Interface Proceeding’’ (WT Docket No. 02–

11 55; ET Docket No. 00–258; ET Docket No. 95–18,

12 RM–9498; RM–10024; FCC 04–168,) including the

13 status of any outstanding issues in the negotiations

14 between—

15 (A) the United States and Canada; and

16 (B) the United States and Mexico;

17 (3) communications between the Commission

18 and the Department of State over possible amend19 ments to the bilateral legal agreements and protocols

20 that govern the coordination process for license appli21 cations seeking to use channels and frequencies above

22 Line A;

23 (4) the annual rejection rate for the last 5 years

24 by the United States of applications for new channels
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1 and frequencies by Canadian private and public enti2 ties; and

3 (5) any additional procedures and mechanisms

4 that can be taken by the Commission to decrease the

5 rejection rate for applications by United States pri6 vate and public entities seeking licenses to use chan7 nels and frequencies above Line A.

8 (b) UPDATED REPORTS TO BE FILED ON THE STATUS

9 OF TREATY OF NEGOTIATIONS.—The Federal Communica10 tions Commission, in conjunction with the Department of

11 Homeland Security, the Office of Management of Budget,

12 and the Department of State shall continually provide up13 dated reports to the Committee on Commerce, Science, and

14 Transportation of the Senate and the Committee on Energy

15 and Commerce of the House of Representatives on the status

16 of treaty negotiations under subsection (a)(2) until the ap17 propriate United States treaty has been revised with each

18 of—

19 (1) Canada; and

20 (2) Mexico.

21 (c) INTERNATIONAL NEGOTIATIONS TO REMEDY SITU22 ATION.—Not later than 90 days after the date of enactment

23 of this Act, the Secretary of the Department of State shall

24 report to Congress on—
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1 (1) the current process for considering applica2 tions by Canada for frequencies and channels by

3 United States communities above Line A;

4 (2) the status of current negotiations to reform

5 and revise such process;

6 (3) the estimated date of conclusion for such ne7 gotiations;

8 (4) whether the current process allows for auto9 matic denials or dismissals of initial applications by

10 the Government of Canada, and whether such denials

11 or dismissals are currently occurring; and

12 (5) communications between the Department of

13 State and the Federal Communications Commission

14 pursuant to subsection (a)(3).

15 SEC. 1484. EXTENSION OF SHORT QUORUM.

16 Notwithstanding section 4(d) of the Consumer Product

17 Safety Act (15 U.S.C. 2053(d)), 2 members of the Consumer

18 Product Safety Commission, if they are not affiliated with

19 the same political party, shall constitute a quorum for the

20 6-month period beginning on the date of enactment of this

21 Act.

22 SEC. 1485. REQUIRING REPORTS TO BE SUBMITTED TO CER23 TAIN COMMITTEES.

24 (a) SENATE COMMERCE, SCIENCE, AND TRANSPOR25 TATION COMMITTEE.—The Committee on Commerce,
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1 Science, and Transportation of the Senate shall receive the

2 reports required by the following provisions of law in the

3 same manner and to the same extent that the reports are

4 to be received by the Committee on Homeland Security and

5 Governmental Affairs of the Senate:

6 (1) Section 1016(j)(1) of the Intelligence Reform

7 and Terrorist Prevention Act of 2004 (6 U.S.C.

8 485(j)(1)).

9 (2) Section 121(c) of this Act.

10 (3) Section 2002(d)(3) of the Homeland Security

11 Act of 2002, as added by section 202 of this Act.

12 (4) Subsections (a) and (b)(5) of section 2009 of

13 the Homeland Security Act of 2002, as added by sec14 tion 202 of this Act.

15 (5) Section 302(d) of this Act.

16 (6) Section 7215(d) of the Intelligence Reform

17 and Terrorism Prevention Act of 2004 (6 U.S.C.

18 123(d)).

19 (7) Section 7209(b)(1)(C) of the Intelligence Re20 form and Terrorism Prevention Act of 2004 (8 U.S.C.

21 1185 note).

22 (8) Section 604(c) of this Act.

23 (9) Section 806 of this Act.

24 (10) Section 903(d) of this Act.
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1 (11) Section 510(a)(7) of the Homeland Security

2 Act of 2002 (6 U.S.C. 320(a)(7)).

3 (12) Section 510(b)(7) of the Homeland Security

4 Act of 2002 (6 U.S.C. 320(b)(7)).

5 (13) Section 1102(b) of this Act.

6 (b) SENATE COMMITTEE ON HOMELAND SECURITY

7 AND GOVERNMENTAL AFFAIRS.—The Committee on Home8 land Security and Governmental Affairs of the Senate shall

9 receive the reports required by the following provisions of

10 law in the same manner and to the same extent that the

11 reports are to be received by the Committee on Commerce,

12 Science, and Transportation of the Senate:

13 (1) Section 1421(c) of this Act.

14 (2) Section 1423(f)(3)(A) of this Act.

15 (3) Section 1428 of this Act.

16 (4) Section 1429(d) of this Act.

17 (5) Section 114(v)(4)(A)(i) of title 49, United

18 States Code.

19 (6) Section 1441(a)(7) of this Act.

20 (7) Section 1441(b)(2) of this Act.

21 (8) Section 1445 of this Act.

22 (9) Section 1446(f) of this Act.

23 (10) Section 1447(f)(1) of this Act.

24 (11) Section 1448(d)(1) of this Act.

25 (12) Section 1466(b)(3) of this Act.
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1 (13) Section 1472(b) of this Act.

2 (14) Section 1475 of this Act.

3 (15) Section 3006(i) of the Digital Television

4 Transition and Public Safety Act of 2005 (47 U.S.C.

5 309 note).

6 (16) Section 1481(c) of this Act.

7 (17) Subsections (a) and (b) of section 1483 of

8 this Act.

9 TITLE XV—PUBLIC TRANSPOR10 TATION TERRORISM PREVEN11 TION

12 SEC. 1501. SHORT TITLE.

13 This title may be cited as the ‘‘Public Transportation

14 Terrorism Prevention Act of 2007’’.

15 SEC. 1502. FINDINGS.

16 Congress finds that—

17 (1) 182 public transportation systems throughout

18 the world have been primary target of terrorist at19 tacks;

20 (2) more than 6,000 public transportation agen21 cies operate in the United States;

22 (3) people use public transportation vehicles

23 33,000,000 times each day;
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1 (4) the Federal Transit Administration has in2 vested $84,800,000,000 since 1992 for construction

3 and improvements;

4 (5) the Federal Government appropriately in5 vested nearly $24,000,000,000 in fiscal years 2002

6 through 2006 to protect our Nation’s aviation system;

7 (6) the Federal Government has allocated

8 $386,000,000 in fiscal years 2003 through 2006 to

9 protect public transportation systems in the United

10 States; and

11 (7) the Federal Government has invested $7.53

12 in aviation security improvements per passenger

13 boarding, but only $0.008 in public transportation se14 curity improvements per passenger boarding.

15 SEC. 1503. SECURITY ASSESSMENTS.

16 (a) PUBLIC TRANSPORTATION SECURITY ASSESS17 MENTS.—

18 (1) SUBMISSION.—Not later than 30 days after

19 the date of the enactment of this Act, the Federal

20 Transit Administration of the Department of Trans21 portation shall submit all public transportation secu22 rity assessments and all other relevant information to

23 the Secretary.
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1 (2) REVIEW.—Not later than July 31, 2007, the

2 Secretary shall review and augment the security as3 sessments received under paragraph (1).

4 (3) ALLOCATIONS.—The Secretary shall use the

5 security assessments received under paragraph (1) as

6 the basis for allocating grant funds under section

7 1504, unless the Secretary notifies the Committee on

8 Banking, Housing, and Urban Affairs of the Senate

9 that the Secretary has determined an adjustment is

10 necessary to respond to an urgent threat or other sig11 nificant factors.

12 (4) SECURITY IMPROVEMENT PRIORITIES.—Not

13 later than September 30, 2007, the Secretary, after

14 consultation with the management and employee rep15 resentatives of each public transportation system for

16 which a security assessment has been received under

17 paragraph (1) and with appropriate State and local

18 officials, shall establish security improvement prior19 ities that will be used by public transportation agen20 cies for any funding provided under section 1504.

21 (5) UPDATES.—Not later than July 31, 2008,

22 and annually thereafter, the Secretary shall—

23 (A) update the security assessments referred

24 to in this subsection; and
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1 (B) conduct security assessments of all pub2 lic transportation agencies considered to be at

3 greatest risk of a terrorist attack.

4 (b) USE OF SECURITY ASSESSMENT INFORMATION.—

5 The Secretary shall use the information collected under sub6 section (a)—

7 (1) to establish the process for developing secu8 rity guidelines for public transportation security; and

9 (2) to design a security improvement strategy

10 that—

11 (A) minimizes terrorist threats to public

12 transportation systems; and

13 (B) maximizes the efforts of public trans14 portation systems to mitigate damage from ter15 rorist attacks.

16 (c) BUS AND RURAL PUBLIC TRANSPORTATION SYS17 TEMS.—Not later than July 31, 2007, the Secretary shall

18 conduct security assessments, appropriate to the size and

19 nature of each system, to determine the specific needs of—

20 (1) local bus-only public transportation systems;

21 and

22 (2) selected public transportation systems that

23 receive funds under section 5311 of title 49, United

24 States Code.
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1 SEC. 1504. SECURITY ASSISTANCE GRANTS.

2 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.—

3 (1) IN GENERAL.—The Secretary shall award

4 grants directly to public transportation agencies for

5 allowable capital security improvements based on the

6 priorities established under section 1503(a)(4).

7 (2) ALLOWABLE USE OF FUNDS.—Grants award8 ed under paragraph (1) may be used for—

9 (A) tunnel protection systems;

10 (B) perimeter protection systems;

11 (C) redundant critical operations control

12 systems;

13 (D) chemical, biological, radiological, or ex14 plosive detection systems;

15 (E) surveillance equipment;

16 (F) communications equipment;

17 (G) emergency response equipment;

18 (H) fire suppression and decontamination

19 equipment;

20 (I) global positioning or automated vehicle

21 locator type system equipment;

22 (J) evacuation improvements; and

23 (K) other capital security improvements.

24 (b) OPERATIONAL SECURITY ASSISTANCE PROGRAM.—

25 (1) IN GENERAL.—The Secretary shall award

26 grants directly to public transportation agencies for
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1 allowable operational security improvements based on

2 the priorities established under section 1503(a)(4).

3 (2) ALLOWABLE USE OF FUNDS.—Grants award4 ed under paragraph (1) may be used for—

5 (A) security training for public transpor6 tation employees, including bus and rail opera7 tors, mechanics, customer service, maintenance

8 employees, transit police, and security personnel;

9 (B) live or simulated drills;

10 (C) public awareness campaigns for en11 hanced public transportation security;

12 (D) canine patrols for chemical, biological,

13 or explosives detection;

14 (E) overtime reimbursement for enhanced

15 security personnel during significant national

16 and international public events, consistent with

17 the priorities established under section

18 1503(a)(4); and

19 (F) other appropriate security improve20 ments identified under section 1503(a)(4), ex21 cluding routine, ongoing personnel costs.

22 (c) COORDINATION WITH STATE HOMELAND SECU23 RITY PLANS.—In establishing security improvement prior24 ities under section 1503(a)(4) and in awarding grants for

25 capital security improvements and operational security im-
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1 provements under subsections (a) and (b), respectively, the

2 Secretary shall ensure that the actions of the Secretary are

3 consistent with relevant State homeland security plans.

4 (d) MULTI-STATE TRANSPORTATION SYSTEMS.—In

5 cases where a public transportation system operates in more

6 than 1 State, the Secretary shall give appropriate consider7 ation to the risks of the entire system, including those por8 tions of the States into which the system crosses, in estab9 lishing security improvement priorities under section

10 1503(a)(4), and in awarding grants for capital security im11 provements and operational security improvements under

12 subsections (a) and (b), respectively.

13 (e) CONGRESSIONAL NOTIFICATION.—Not later than 3

14 days before the award of any grant under this section, the

15 Secretary shall notify the Committee on Homeland Security

16 and Governmental Affairs and the Committee on Banking,

17 Housing, and Urban Affairs of the Senate of the intent to

18 award such grant.

19 (f) PUBLIC TRANSPORTATION AGENCY RESPONSIBIL20 ITIES.—Each public transportation agency that receives a

21 grant under this section shall—

22 (1) identify a security coordinator to coordinate

23 security improvements;

24 (2) develop a comprehensive plan that dem25 onstrates the agency’s capacity for operating and
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1 maintaining the equipment purchased under this sec2 tion; and

3 (3) report annually to the Secretary on the use

4 of grant funds received under this section.

5 (g) RETURN OF MISSPENT GRANT FUNDS.—If the Sec6 retary determines that a grantee used any portion of the

7 grant funds received under this section for a purpose other

8 than the allowable uses specified for that grant under this

9 section, the grantee shall return any amount so used to the

10 Treasury of the United States.

11 SEC. 1505. PUBLIC TRANSPORTATION SECURITY TRAINING

12 PROGRAM.

13 (a) IN GENERAL.—Not later than 90 days after the

14 date of enactment of this section, the Secretary, in consulta15 tion with appropriate law enforcement, security, and ter16 rorism experts, representatives of public transportation

17 owners and operators, and nonprofit employee organiza18 tions that represent public transportation workers, shall de19 velop and issue detailed regulations for a public transpor20 tation worker security training program to prepare public

21 transportation workers, including front-line transit em22 ployees such as bus and rail operators, mechanics, customer

23 service employees, maintenance employees, transit police,

24 and security personnel, for potential threat conditions.
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1 (b) PROGRAM ELEMENTS.—The regulations developed

2 under subsection (a) shall require such a program to in3 clude, at a minimum, elements that address the following:

4 (1) Determination of the seriousness of any oc5 currence.

6 (2) Crew and passenger communication and co7 ordination.

8 (3) Appropriate responses to defend oneself.

9 (4) Use of protective devices.

10 (5) Evacuation procedures (including passengers,

11 workers, the elderly and those with disabilities).

12 (6) Psychology of terrorists to cope with hijacker

13 behavior and passenger responses.

14 (7) Live situational training exercises regarding

15 various threat conditions, including tunnel evacu16 ation procedures.

17 (8) Any other subject the Secretary considers ap18 propriate.

19 (c) REQUIRED PROGRAMS.—

20 (1) IN GENERAL.—Not later than 90 days after

21 the Secretary issues regulations under subsection (a)

22 in final form, each public transportation system that

23 receives a grant under this title shall develop a public

24 transportation worker security training program in
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1 accordance with those regulations and submit it to the

2 Secretary for approval.

3 (2) APPROVAL.—Not later than 30 days after re4 ceiving a public transportation system’s program

5 under paragraph (1), the Secretary shall review the

6 program and approve it or require the public trans7 portation system to make any revisions the Secretary

8 considers necessary for the program to meet the regu9 lations requirements. A public transit agency shall re10 spond to the Secretary’s comments within 30 days

11 after receiving them.

12 (d) TRAINING.—

13 (1) IN GENERAL.—Not later than 1 year after

14 the Secretary approves the training program devel15 oped by a public transportation system under sub16 section (c), the public transportation system owner or

17 operator shall complete the training of all public

18 transportation workers in accordance with that pro19 gram.

20 (2) REPORT.—The Secretary shall review imple21 mentation of the training program of a representative

22 sample of public transportation systems and report to

23 the Senate Committee on Banking, Housing and

24 Urban Affairs, House of Representatives Committee

25 on Transportation and Infrastructure, the Senate
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1 Homeland Security and Government Affairs Com2 mittee and the House of Representatives Committee

3 on Homeland Security, on the number of reviews con4 ducted and the results. The Secretary may submit the

5 report in both classified and redacted formats as nec6 essary.

7 (e) UPDATES.—

8 (1) IN GENERAL.—The Secretary shall update

9 the training regulations issued under subsection (a)

10 from time to time to reflect new or different security

11 threats, and require public transportation systems to

12 revise their programs accordingly and provide addi13 tional training to their workers.

14 (2) PROGRAM REVISIONS.—Each public transit

15 operator shall revise their program in accordance

16 with any regulations under paragraph (1) and pro17 vide additional training to their front-line workers

18 within a reasonable time after the regulations are up19 dated.

20 SEC. 1506. INTELLIGENCE SHARING.

21 (a) INTELLIGENCE SHARING.—The Secretary shall en22 sure that the Department of Transportation receives appro23 priate and timely notification of all credible terrorist

24 threats against public transportation assets in the United

25 States.
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1 (b) INFORMATION SHARING ANALYSIS CENTER.—

2 (1) ESTABLISHMENT.—The Secretary shall pro3 vide sufficient financial assistance for the reasonable

4 costs of the Information Sharing and Analysis Center

5 for Public Transportation (referred to in this sub6 section as the ‘‘ISAC’’) established pursuant to Presi7 dential Directive 63, to protect critical infrastructure.

8 (2) PUBLIC TRANSPORTATION AGENCY PARTICI9 PATION.—The Secretary—

10 (A) shall require those public transportation

11 agencies that the Secretary determines to be at

12 significant risk of terrorist attack to participate

13 in the ISAC;

14 (B) shall encourage all other public trans15 portation agencies to participate in the ISAC;

16 and

17 (C) shall not charge a fee to any public

18 transportation agency for participating in the

19 ISAC.

20 SEC. 1507. RESEARCH, DEVELOPMENT, AND DEMONSTRA21 TION GRANTS AND CONTRACTS.

22 (a) GRANTS AND CONTRACTS AUTHORIZED.—The Sec23 retary, through the Homeland Security Advanced Research

24 Projects Agency in the Science and Technology Directorate

25 and in consultation with the Federal Transit Administra-
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1 tion, shall award grants or contracts to public or private

2 entities to conduct research into, and demonstrate tech3 nologies and methods to reduce and deter terrorist threats

4 or mitigate damages resulting from terrorist attacks against

5 public transportation systems.

6 (b) USE OF FUNDS.—Grants or contracts awarded

7 under subsection (a)—

8 (1) shall be coordinated with Homeland Security

9 Advanced Research Projects Agency activities; and

10 (2) may be used to—

11 (A) research chemical, biological, radio12 logical, or explosive detection systems that do not

13 significantly impede passenger access;

14 (B) research imaging technologies;

15 (C) conduct product evaluations and test16 ing; and

17 (D) research other technologies or methods

18 for reducing or deterring terrorist attacks

19 against public transportation systems, or miti20 gating damage from such attacks.

21 (c) REPORTING REQUIREMENT.—Each entity that is

22 awarded a grant or contract under this section shall report

23 annually to the Department on the use of grant or contract

24 funds received under this section.
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1 (d) RETURN OF MISSPENT GRANT OR CONTRACT

2 FUNDS.—If the Secretary determines that a grantee or con3 tractor used any portion of the grant or contract funds re4 ceived under this section for a purpose other than the allow5 able uses specified under subsection (b), the grantee or con6 tractor shall return any amount so used to the Treasury

7 of the United States.

8 SEC. 1508. REPORTING REQUIREMENTS.

9 (a) SEMI-ANNUAL REPORT TO CONGRESS.—

10 (1) IN GENERAL.—Not later than March 31 and

11 September 30 each year, the Secretary shall submit a

12 report, containing the information described in para13 graph (2), to—

14 (A) the Committee on Banking, Housing,

15 and Urban Affairs of the Senate;

16 (B) the Committee on Homeland Security

17 and Governmental Affairs of the Senate; and

18 (C) the Committee on Appropriations of the

19 Senate.

20 (2) CONTENTS.—The report submitted under

21 paragraph (1) shall include—

22 (A) a description of the implementation of

23 the provisions of sections 1503 through 1506;

24 (B) the amount of funds appropriated to

25 carry out the provisions of each of sections 1503
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1 through 1506 that have not been expended or ob2 ligated; and

3 (C) the state of public transportation secu4 rity in the United States.

5 (b) ANNUAL REPORT TO GOVERNORS.—

6 (1) IN GENERAL.—Not later than March 31 of

7 each year, the Secretary shall submit a report to the

8 Governor of each State with a public transportation

9 agency that has received a grant under this title.

10 (2) CONTENTS.—The report submitted under

11 paragraph (1) shall specify—

12 (A) the amount of grant funds distributed

13 to each such public transportation agency; and

14 (B) the use of such grant funds.

15 SEC. 1509. AUTHORIZATION OF APPROPRIATIONS.

16 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.—

17 There are authorized to be appropriated to carry out the

18 provisions of section 1504(a) and remain available until

19 expended—

20 (1) such sums as are necessary in fiscal year

21 2007;

22 (2) $536,000,000 for fiscal year 2008;

23 (3) $772,000,000 for fiscal year 2009; and

24 (4) $1,062,000,000 for fiscal year 2010.
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1 (b) OPERATIONAL SECURITY ASSISTANCE PROGRAM.—

2 There are authorized to be appropriated to carry out the

3 provisions of section 1504(b)—

4 (1) such sums as are necessary in fiscal year

5 2007;

6 (2) $534,000,000 for fiscal year 2008;

7 (3) $333,000,000 for fiscal year 2009; and

8 (4) $133,000,000 for fiscal year 2010.

9 (c) INTELLIGENCE.—There are authorized to be appro10 priated such sums as may be necessary to carry out the

11 provisions of section 1505.

12 (d) RESEARCH.—There are authorized to be appro13 priated to carry out the provisions of section 1507 and re14 main available until expended—

15 (1) such sums as are necessary in fiscal year

16 2007;

17 (2) $30,000,000 for fiscal year 2008;

18 (3) $45,000,000 for fiscal year 2009; and

19 (4) $55,000,000 for fiscal year 2010.

20 SEC. 1510. SUNSET PROVISION.

21 The authority to make grants under this title shall ex22 pire on October 1, 2011.
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1 TITLE XVI—MISCELLANEOUS

2 PROVISIONS

3 SEC. 1601. DEPUTY SECRETARY OF HOMELAND SECRETARY

4 FOR MANAGEMENT.

5 (a) ESTABLISHMENT AND SUCCESSION.—Section 103

6 of the Homeland Security Act of 2002 (6 U.S.C. 113) is

7 amended—

8 (1) in subsection (a)—

9 (A) in the subsection heading, by striking

10 ‘‘DEPUTY SECRETARY’’ and inserting ‘‘DEPUTY

11 SECRETARIES’’;

12 (B) by striking paragraph (6);

13 (C) by redesignating paragraphs (2)

14 through (5) as paragraphs (3) through (6), re15 spectively; and

16 (D) by striking paragraph (1) and insert17 ing the following:

18 ‘‘(1) A Deputy Secretary of Homeland Security.

19 ‘‘(2) A Deputy Secretary of Homeland Security

20 for Management.’’; and

21 (2) by adding at the end the following:

22 ‘‘(g) VACANCIES.—

23 ‘‘(1) VACANCY IN OFFICE OF SECRETARY.—

24 ‘‘(A) DEPUTY SECRETARY.—In case of a va25 cancy in the office of the Secretary, or of the ab-
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1 sence or disability of the Secretary, the Deputy

2 Secretary of Homeland Security may exercise all

3 the duties of that office, and for the purpose of

4 section 3345 of title 5, United States Code, the

5 Deputy Secretary of Homeland Security is the

6 first assistant to the Secretary.

7 ‘‘(B) DEPUTY SECRETARY FOR MANAGE8 MENT.—When by reason of absence, disability, or

9 vacancy in office, neither the Secretary nor the

10 Deputy Secretary of Homeland Security is

11 available to exercise the duties of the office of the

12 Secretary, the Deputy Secretary of Homeland

13 Security for Management shall act as Secretary.

14 ‘‘(2) VACANCY IN OFFICE OF DEPUTY SEC15 RETARY.—In the case of a vacancy in the office of the

16 Deputy Secretary of Homeland Security, or of the ab17 sence or disability of the Deputy Secretary of Home18 land Security, the Deputy Secretary of Homeland Se19 curity for Management may exercise all the duties of

20 that office.

21 ‘‘(3) FURTHER ORDER OF SUCCESSION.—The

22 Secretary may designate such other officers of the De23 partment in further order of succession to act as Sec24 retary.’’.
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1 (b) RESPONSIBILITIES.—Section 701 of the Homeland

2 Security Act of 2002 (6 U.S.C. 341) is amended—

3 (1) in the section heading, by striking ‘‘UNDER

4 SECRETARY’’ and inserting ‘‘DEPUTY SECRETARY

5 OF HOMELAND SECURITY’’;

6 (2) in subsection (a)—

7 (A) by inserting ‘‘The Deputy Secretary of

8 Homeland Security for Management shall serve

9 as the Chief Management Officer and principal

10 advisor to the Secretary on matters related to the

11 management of the Department, including man12 agement integration and transformation in sup13 port of homeland security operations and pro14 grams.’’ before ‘‘The Secretary’’;

15 (B) by striking ‘‘Under Secretary for Man16 agement’’ and inserting ‘‘Deputy Secretary of

17 Homeland Security for Management’’;

18 (C) by striking paragraph (7) and inserting

19 the following:

20 ‘‘(7) Strategic planning and annual performance

21 planning and identification and tracking of perform22 ance measures relating to the responsibilities of the

23 Department.’’; and

24 (D) by striking paragraph (9), and insert25 ing the following:
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1 ‘‘(9) The integration and transformation process,

2 to ensure an efficient and orderly consolidation of

3 functions and personnel to the Department, including

4 the development of a management integration strategy

5 for the Department.’’; and

6 (3) in subsection (b)—

7 (A) in paragraph (1), by striking ‘‘Under

8 Secretary for Management’’ and inserting ‘‘Dep9 uty Secretary of Homeland Security for Manage10 ment’’; and

11 (B) in paragraph (2), by striking ‘‘Under

12 Secretary for Management’’ and inserting ‘‘Dep13 uty Secretary of Homeland Security for Manage14 ment’’.

15 (c) APPOINTMENT, EVALUATION, AND REAPPOINT16 MENT.—Section 701 of the Homeland Security Act of 2002

17 (6 U.S.C. 341) is amended by adding at the end the fol18 lowing:

19 ‘‘(c) APPOINTMENT, EVALUATION, AND REAPPOINT20 MENT.—The Deputy Secretary of Homeland Security for

21 Management—

22 ‘‘(1) shall be appointed by the President, by and

23 with the advice and consent of the Senate, from

24 among persons who have—
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1 ‘‘(A) extensive executive level leadership and

2 management experience in the public or private

3 sector;

4 ‘‘(B) strong leadership skills;

5 ‘‘(C) a demonstrated ability to manage

6 large and complex organizations; and

7 ‘‘(D) a proven record in achieving positive

8 operational results;

9 ‘‘(2) shall—

10 ‘‘(A) serve for a term of 5 years; and

11 ‘‘(B) be subject to removal by the President

12 if the President—

13 ‘‘(i) finds that the performance of the

14 Deputy Secretary of Homeland Security for

15 Management is unsatisfactory; and

16 ‘‘(ii) communicates the reasons for re17 moving the Deputy Secretary of Homeland

18 Security for Management to Congress before

19 such removal;

20 ‘‘(3) may be reappointed in accordance with

21 paragraph (1), if the Secretary has made a satisfac22 tory determination under paragraph (5) for the 3

23 most recent performance years;
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1 ‘‘(4) shall enter into an annual performance

2 agreement with the Secretary that shall set forth

3 measurable individual and organizational goals; and

4 ‘‘(5) shall be subject to an annual performance

5 evaluation by the Secretary, who shall determine as

6 part of each such evaluation whether the Deputy Sec7 retary of Homeland Security for Management has

8 made satisfactory progress toward achieving the goals

9 set out in the performance agreement required under

10 paragraph (4).’’.

11 (d) INCUMBENT.—The individual who serves in the po12 sition of Under Secretary for Management of the Depart13 ment of Homeland Security on the date of enactment of this

14 Act—

15 (1) may perform all the duties of the Deputy

16 Secretary of Homeland Security for Management at

17 the pleasure of the President, until a Deputy Sec18 retary of Homeland Security for Management is ap19 pointed in accordance with subsection (c) of section

20 701 of the Homeland Security Act of 2002 (6 U.S.C.

21 341), as added by this Act; and

22 (2) may be appointed Deputy Secretary of

23 Homeland Security for Management, if such appoint24 ment is otherwise in accordance with sections 103
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1 and 701 of the Homeland Security Act of 2002 (6

2 U.S.C. 113 and 341), as amended by this Act.

3 (e) REFERENCES.—References in any other Federal

4 law, Executive order, rule, regulation, or delegation of au5 thority, or any document of or relating to the Under Sec6 retary for Management of the Department of Homeland Se7 curity shall be deemed to refer to the Deputy Secretary of

8 Homeland Security for Management.

9 (f) TECHNICAL AND CONFORMING AMENDMENTS.—

10 (1) OTHER REFERENCE.—Section 702(a) of the

11 Homeland Security Act of 2002 (6 U.S.C. 342(a)) is

12 amended by striking ‘‘Under Secretary for Manage13 ment’’ and inserting ‘‘Deputy Secretary of Homeland

14 Security for Management’’.

15 (2) TABLE OF CONTENTS.—The table of contents

16 in section 1(b) of the Homeland Security Act of 2002

17 (6 U.S.C. 101(b)) is amended by striking the item re18 lating to section 701 and inserting the following:

‘‘Sec. 701. Deputy Secretary of Homeland Security for Management.’’.

19 (3) EXECUTIVE SCHEDULE.—Section 5313 of

20 title 5, United States Code, is amended by inserting

21 after the item relating to the Deputy Secretary of

22 Homeland Security the following:

23 ‘‘Deputy Secretary of Homeland Security for

24 Management.’’.
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1 SEC. 1602. SENSE OF THE SENATE REGARDING COMBATING

2 DOMESTIC RADICALIZATION.

3 (a) FINDINGS.—The Senate finds the following:

4 (1) The United States is engaged in a struggle

5 against a transnational terrorist movement of radical

6 extremists seeking to exploit the religion of Islam

7 through violent means to achieve ideological ends.

8 (2) The radical jihadist movement transcends

9 borders and has been identified as a potential threat

10 within the United States.

11 (3) Radicalization has been identified as a pre12 cursor to terrorism.

13 (4) Countering the threat of violent extremists

14 domestically, as well as internationally, is a critical

15 element of the plan of the United States for success

16 in the war on terror.

17 (5) United States law enforcement agencies have

18 identified radicalization as an emerging threat and

19 have in recent years identified cases of ‘‘homegrown’’

20 extremists operating inside the United States with the

21 intent to provide support for, or directly commit, a

22 terrorist attack.

23 (6) The alienation of Muslim populations in the

24 Western world has been identified as a factor in the

25 spread of radicalization.
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1 (7) Radicalization cannot be prevented solely

2 through law enforcement and intelligence measures.

3 (b) SENSE OF SENATE.—It is the sense of the Senate

4 that the Secretary, in consultation with other relevant Fed5 eral agencies, should make a priority of countering domestic

6 radicalization and extremism by—

7 (1) using intelligence analysts and other experts

8 to better understand the process of radicalization from

9 sympathizer to activist to terrorist;

10 (2) recruiting employees with diverse worldviews,

11 skills, languages, and cultural backgrounds and exper12 tise;

13 (3) consulting with experts to ensure that the

14 lexicon used within public statements is precise and

15 appropriate and does not aid extremists by offending

16 the American Muslim community;

17 (4) developing and implementing, in concert

18 with the Attorney General and State and local correc19 tions officials, a program to address prisoner

20 radicalization and post-sentence reintegration;

21 (5) pursuing broader avenues of dialogue with

22 the Muslim community to foster mutual respect, un23 derstanding, and trust; and

24 (6) working directly with State, local, and com25 munity leaders to—
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1 (A) educate these leaders on the threat of

2 radicalization and the necessity of taking pre3 ventative action at the local level; and

4 (B) facilitate the sharing of best practices

5 from other countries and communities to encour6 age outreach to the American Muslim commu7 nity and develop partnerships between all faiths,

8 including Islam.

9 SEC. 1603. SENSE OF THE SENATE REGARDING OVERSIGHT

10 OF HOMELAND SECURITY.

11 (a) FINDINGS.—The Senate finds the following:

12 (1) The Senate recognizes the importance and

13 need to implement the recommendations offered by the

14 National Commission on Terrorist Attacks Upon the

15 United States (in this section referred to as the ‘‘Com16 mission’’).

17 (2) Congress considered and passed the National

18 Security Intelligence Reform Act of 2004 (Public Law

19 108–458; 118 Stat. 3643) to implement the rec20 ommendations of the Commission.

21 (3) Representatives of the Department testified at

22 165 Congressional hearings in calendar year 2004,

23 and 166 Congressional hearings in calendar year

24 2005.
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1 (4) The Department had 268 representatives tes2 tify before 15 committees and 35 subcommittees of the

3 House of Representatives and 9 committees and 12

4 subcommittees of the Senate at 206 congressional

5 hearings in calendar year 2006.

6 (5) The Senate has been unwilling to reform

7 itself in accordance with the recommendation of the

8 Commission to provide better and more streamlined

9 oversight of the Department.

10 (b) SENSE OF SENATE.—It is the sense of the Senate

11 that the Senate should implement the recommendation of

12 the Commission to ‘‘create a single, principal point of over13 sight and review for homeland security.’’.

14 SEC. 1604. REPORT REGARDING BORDER SECURITY.

15 (a) IN GENERAL. Not later than 180 days after the

16 date of enactment of this Act, the Secretary shall submit

17 a report to Congress regarding ongoing initiatives of the

18 Department to improve security along the northern border

19 of the United States.

20 (b) CONTENTS. The report submitted under sub-section

21 (a) shall

22 (1) address the vulnerabilities along the northern

23 border of the United States; and
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1 (2) provide recommendations to address such

2 vulnerabilities, including required resources needed to

3 protect the northern border of the United States.

4 (c) GOVERNMENT ACCOUNTABILITY OFFICE. Not later

5 than 270 days after the date of the submission of the report

6 under subsection (a), the Comptroller General of the United

7 States shall submit a report to Congress that—

8 (1) reviews and comments on the report under

9 subsection (a); and

10 (2) provides recommendations regarding any ad11 ditional actions necessary to protect the northern bor12 der of the United States.

13 SEC. 1605. LAW ENFORCEMENT ASSISTANCE FORCE.

14 (a) ESTABLISHMENT.—The Secretary shall establish a

15 Law Enforcement Assistance Force to facilitate the con16 tributions of retired law enforcement officers and agents

17 during major disasters.

18 (b) ELIGIBLE PARTICIPANTS.—An individual may

19 participate in the Law Enforcement Assistance Force if

20 that individual—

21 (1) has experience working as an officer or agent

22 for a public law enforcement agency and left that

23 agency in good standing;
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1 (2) holds current certifications for firearms, first

2 aid, and such other skills determined necessary by the

3 Secretary;

4 (3) submits to the Secretary an application, at

5 such time, in such manner, and accompanied by such

6 information as the Secretary may reasonably require,

7 that authorizes the Secretary to review the law en8 forcement service record of that individual; and

9 (4) meets such other qualifications as the Sec10 retary may require.

11 (c) LIABILITY; SUPERVISION.—Each eligible partici12 pant shall, upon acceptance of an assignment under this

13 section—

14 (A) be detailed to a Federal, State, or local

15 government law enforcement agency; and

16 (B) work under the direct supervision of an

17 officer or agent of that agency.

18 (d) MOBILIZATION.—

19 (1) IN GENERAL.—In the event of a major dis20 aster, the Secretary, after consultation with appro21 priate Federal, State, and local government law en22 forcement agencies, may request eligible participants

23 to volunteer to assist the efforts of those agencies re24 sponding to such emergency and assign each willing

25 participant to a specific law enforcement agency.
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1 (2) ACCEPTANCE.—If the eligible participant ac2 cepts an assignment under this subsection, that eligi3 ble participant shall agree to remain in such assign4 ment for a period equal to not less than the shorter

5 of—

6 (A) the period during which the law en7 forcement agency needs the services of such par8 ticipant;

9 (B) 30 days;

10 (C) such other period of time agreed to be11 tween the Secretary and the eligible participant.

12 (3) REFUSAL.—An eligible participant may

13 refuse an assignment under this subsection without

14 any adverse consequences.

15 (e) EXPENSES.—

16 (1) IN GENERAL.—Each eligible participant

17 shall be allowed travel expenses, including per diem

18 in lieu of subsistence, at rates authorized for employ19 ees of agencies under subchapter I of chapter 57 of

20 title 5, United States Code, while carrying out an as21 signment under subsection (d).

22 (2) SOURCE OF FUNDS.—Expenses incurred

23 under paragraph (1) shall be paid from amounts ap24 propriated to the Federal Emergency Management

25 Agency.
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1 (f) TERMINATION OF ASSISTANCE.—The availability of

2 eligible participants of the Law Enforcement Assistance

3 Force shall continue for a period equal to the shorter of—

4 (1) the period of the major disaster; or

5 (2) 1 year.

6 (g) DEFINITIONS.—In this section—

7 (1) the term ‘‘eligible participant’’ means an in8 dividual participating in the Law Enforcement As9 sistance Force;

10 (2) the term ‘‘Law Enforcement Assistance

11 Force’’ means the Law Enforcement Assistance Force

12 established under subsection (a); and

13 (3) the term ‘‘major disaster’’ has the meaning

14 given that term in section 102 of the Robert T. Staf15 ford Disaster Relief and Emergency Assistance Act

16 (42 U.S.C. 5122).

17 (h) AUTHORIZATION OF APPROPRIATIONS.—There are

18 authorized to be appropriated such sums as may be nec19 essary to carry out this section.

20 SEC. 1606. QUADRENNIAL HOMELAND SECURITY REVIEW.

21 (a) IN GENERAL.—

22 (1) ESTABLISHMENT.—Not later than the end of

23 fiscal year 2008, the Secretary shall establish a na24 tional homeland security strategy.
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1 (2) REVIEW.—Four years after the establishment

2 of the national homeland security strategy, and every

3 4 years thereafter, the Secretary shall conduct a com4 prehensive examination of the national homeland se5 curity strategy.

6 (3) SCOPE.—In establishing or reviewing the na7 tional homeland security strategy under this sub8 section, the Secretary shall conduct a comprehensive

9 examination of interagency cooperation, preparedness

10 of Federal response assets, infrastructure, budget plan,

11 and other elements of the homeland security program

12 and policies of the United States with a view toward

13 determining and expressing the homeland security

14 strategy of the United States and establishing a home15 land security program for the 20 years following that

16 examination.

17 (4) REFERENCE.—The establishment or review of

18 the national homeland security strategy under this

19 subsection shall be known as the ‘‘quadrennial home20 land security review’’.

21 (5) CONSULTATION.—Each quadrennial home22 land security review under this subsection shall be

23 conducted in consultation with the Attorney General

24 of the United States, the Secretary of State, the Sec-
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1 retary of Defense, the Secretary of Health and

2 Human Services, and the Secretary of the Treasury.

3 (b) CONTENTS OF REVIEW.—Each quadrennial home4 land security review shall—

5 (1) delineate a national homeland security strat6 egy consistent with the most recent National Response

7 Plan prepared under Homeland Security Presidential

8 Directive-5 or any directive meant to replace or aug9 ment that directive;

10 (2) describe the interagency cooperation, pre11 paredness of Federal response assets, infrastructure,

12 budget plan, and other elements of the homeland secu13 rity program and policies of the United States associ14 ated with the national homeland security strategy re15 quired to execute successfully the full range of mis16 sions called for in the national homeland security

17 strategy delineated under paragraph (1); and

18 (3) identify—

19 (A) the budget plan required to provide suf20 ficient resources to successfully execute the full

21 range of missions called for in that national

22 homeland security strategy at a low-to-moderate

23 level of risk; and

24 (B) any additional resources required to

25 achieve such a level of risk.
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1 (c) LEVEL OF RISK.—The assessment of the level of

2 risk for purposes of subsection (b)(3) shall be conducted by

3 the Director of National Intelligence.

4 (d) REPORTING.—

5 (1) IN GENERAL.—The Secretary shall submit a

6 report regarding each quadrennial homeland security

7 review to Congress and shall make the report publicly

8 available on the Internet. Each such report shall be

9 submitted and made available on the Internet not

10 later than September 30 of the year in which the re11 view is conducted.

12 (2) CONTENTS OF REPORT.—Each report sub13 mitted under paragraph (1) shall include—

14 (A) the results of the quadrennial homeland

15 security review;

16 (B) the threats to the assumed or defined

17 national homeland security interests of the

18 United States that were examined for the pur19 poses of the review and the scenarios developed

20 in the examination of those threats;

21 (C) the status of cooperation among Federal

22 agencies in the effort to promote national home23 land security;

24 (D) the status of cooperation between the

25 Federal Government and State governments in
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1 preparing for emergency response to threats to

2 national homeland security; and

3 (E) any other matter the Secretary con4 siders appropriate.

5 (e) RESOURCE PLAN.—

6 Not later than 30 days after the date of enactment of

7 this Act, the Secretary shall provide to Congress and make

8 publicly available on the Internet a detailed resource plan

9 specifying the estimated budget and number of staff mem10 bers that will be required for preparation of the initial

11 quadrennial homeland security review.

12 SEC. 1607. INTEGRATION OF DETECTION EQUIPMENT AND

13 TECHNOLOGIES.

14 (a) IN GENERAL.—The Secretary shall have responsi15 bility for ensuring that chemical, biological, radiological,

16 and nuclear detection equipment and technologies are inte17 grated as appropriate with other border security systems

18 and detection technologies.

19 (b) REPORT.—Not later than 6 months after the date

20 of enactment of this Act, the Secretary shall submit a report

21 to Congress that contains a plan to develop a departmental

22 technology assessment process to determine and certify the

23 technology readiness levels of chemical, biological, radio24 logical, and nuclear detection technologies before the full de25 ployment of such technologies within the United States.
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1 TITLE XVII—911

2 MODERNIZATION

3 SEC. 1701. SHORT TITLE.

4 This title may be cited as the ‘‘911 Modernization

5 Act’’.

6 SEC. 1702. FUNDING FOR PROGRAM.

7 Section 3011 of Public Law 109–171 (47 U.S.C. 309

8 note) is amended—

9 (1) by striking ‘‘The’’ and inserting:

10 ‘‘(a) IN GENERAL.—The’’; and

11 (2) by adding at the end the following:

12 ‘‘(b) CREDIT.—The Assistant Secretary may borrow

13 from the Treasury, upon enactment of this provision, such

14 sums as necessary, but not to exceed $43,500,000 to imple15 ment this section. The Assistant Secretary shall reimburse

16 the Treasury, without interest, as funds are deposited into

17 the Digital Television Transition and Public Safety

18 Fund.’’.

19 SEC. 1703. NTIA COORDINATION OF E–911 IMPLEMENTA20 TION.

21 Section 158(b)(4) of the National Telecommunications

22 and Information Administration Organization Act (47

23 U.S.C. 942(b)(4)) is amended by adding at the end thereof

24 the following: ‘‘Within 180 days after the date of enactment

25 of the 911 Modernization Act, the Assistant Secretary and
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1 the Administrator shall jointly issue regulations updating

2 the criteria to provide priority for public safety answering

3 points not capable, as of the date of enactment of that Act,

4 of receiving 911 calls.’’.

5 TITLE XVIII—MODERNIZATION

6 OF THE AMERICAN NATIONAL

7 RED CROSS

8 SEC. 1801. SHORT TITLE.

9 This title may be cited as the ‘‘The American National

10 Red Cross Governance Modernization Act of 2007’’.

11 SEC. 1802. FINDINGS; SENSE OF CONGRESS.

12 (a) FINDINGS.—Congress makes the following findings:

13 (1) Substantive changes to the Congressional

14 Charter of The American National Red Cross have

15 not been made since 1947.

16 (2) In February 2006, the board of governors of

17 The American National Red Cross (the ‘‘Board of

18 Governors’’) commissioned an independent review

19 and analysis of the Board of Governors’ role, composi20 tion, size, relationship with management, governance

21 relationship with chartered units of The American

22 National Red Cross, and whistleblower and audit

23 functions.

24 (3) In an October 2006 report of the Board of

25 Governors, entitled ‘‘American Red Cross Governance
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1 for the 21st Century’’ (the ‘‘Governance Report’’), the

2 Board of Governors recommended changes to the Con3 gressional Charter, bylaws, and other governing docu4 ments of The American National Red Cross to mod5 ernize and enhance the effectiveness of the Board of

6 Governors and governance structure of The American

7 National Red Cross.

8 (4) It is in the national interest to create a more

9 efficient governance structure of The American Na10 tional Red Cross and to enhance the Board of Gov11 ernors’ ability to support the critical mission of The

12 American National Red Cross in the 21st century.

13 (5) It is in the national interest to clarify the

14 role of the Board of Governors as a governance and

15 strategic oversight board and for The American Na16 tional Red Cross to amend its bylaws, consistent with

17 the recommendations described in the Governance Re18 port, to clarify the role of the Board of Governors and

19 to outline the areas of its responsibility, including—

20 (A) reviewing and approving the mission

21 statement for The American National Red Cross;

22 (B) approving and overseeing the corpora23 tion’s strategic plan and maintaining strategic

24 oversight of operational matters;
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1 (C) selecting, evaluating, and determining

2 the level of compensation of the corporation’s

3 chief executive officer;

4 (D) evaluating the performance and estab5 lishing the compensation of the senior leadership

6 team and providing for management succession;

7 (E) overseeing the financial reporting and

8 audit process, internal controls, and legal com9 pliance;

10 (F) holding management accountable for

11 performance;

12 (G) providing oversight of the financial sta13 bility of the corporation;

14 (H) ensuring the inclusiveness and diversity

15 of the corporation;

16 (I) providing oversight of the protection of

17 the brand of the corporation; and

18 (J) assisting with fundraising on behalf of

19 the corporation.

20 (6)(A) The selection of members of the Board of

21 Governors is a critical component of effective govern22 ance for The American National Red Cross, and, as

23 such, it is in the national interest that The American

24 National Red Cross amend its bylaws to provide a
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1 method of selection consistent with that described in

2 the Governance Report.

3 (B) The new method of selection should replace

4 the current process by which—

5 (i) 30 chartered unit-elected members of the

6 Board of Governors are selected by a non-Board

7 committee which includes 2 members of the

8 Board of Governors and other individuals elected

9 by the chartered units themselves;

10 (ii) 12 at-large members of the Board of

11 Governors are nominated by a Board committee

12 and elected by the Board of Governors; and

13 (iii) 8 members of the Board of Governors

14 are appointed by the President of the United

15 States.

16 (C) The new method of selection described in the

17 Governance Report reflects the single category of

18 members of the Board of Governors that will result

19 from the implementation of this title:

20 (i) All Board members (except for the chair21 man of the Board of Governors) would be nomi22 nated by a single committee of the Board of Gov23 ernors taking into account the criteria outlined

24 in the Governance Report to assure the expertise,

25 skills, and experience of a governing board.
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1 (ii) The nominated members would be con2 sidered for approval by the full Board of Gov3 ernors and then submitted to The American Na4 tional Red Cross annual meeting of delegates for

5 election, in keeping with the standard corporate

6 practice whereby shareholders of a corporation

7 elect members of a board of directors at its an8 nual meeting.

9 (7) The United States Supreme Court held The

10 American National Red Cross to be an instrumen11 tality of the United States, and it is in the national

12 interest that the Congressional Charter confirm that

13 status and that any changes to the Congressional

14 Charter do not affect the rights and obligations of The

15 American National Red Cross to carry out its pur16 poses.

17 (8) Given the role of The American National Red

18 Cross in carrying out its services, programs, and ac19 tivities, and meeting its various obligations, the effec20 tiveness of The American National Red Cross will be

21 promoted by the creation of an organizational om22 budsman who—

23 (A) will be a neutral or impartial dispute

24 resolution practitioner whose major function will

25 be to provide confidential and informal assist-
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1 ance to the many internal and external stake2 holders of The American National Red Cross;

3 (B) will report to the chief executive officer

4 and the audit committee of the Board of Gov5 ernors; and

6 (C) will have access to anyone and any doc7 uments in The American National Red Cross.

8 (b) SENSE OF CONGRESS.—It is the sense of Congress

9 that—

10 (1) charitable organizations are an indispensable

11 part of American society, but these organizations can

12 only fulfill their important roles by maintaining the

13 trust of the American public;

14 (2) trust is fostered by effective governance and

15 transparency, which are the principal goals of the

16 recommendations of the Board of Governors in the

17 Governance Report and this title;

18 (3) Federal and State action play an important

19 role in ensuring effective governance and trans20 parency by setting standards, rooting out violations,

21 and informing the public; and

22 (4) while The American National Red Cross is

23 and will remain a Federally chartered instrumen24 tality of the United States, and it has the rights and

25 obligations consistent with that status, The American
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1 National Red Cross nevertheless should maintain ap2 propriate communications with State regulators of

3 charitable organizations and should cooperate with

4 them as appropriate in specific matters as they arise

5 from time to time.

6 SEC. 1803. ORGANIZATION.

7 Section 300101 of title 36, United States Code, is

8 amended—

9 (1) in subsection (a), by inserting ‘‘a Federally

10 chartered instrumentality of the United States and’’

11 before ‘‘a body corporate and politic’’; and

12 (2) in subsection (b), by inserting at the end the

13 following new sentence: ‘‘The corporation may con14 duct its business and affairs, and otherwise hold itself

15 out, as the ‘American Red Cross’ in any jurisdic16 tion.’’.

17 SEC. 1804. PURPOSES.

18 Section 300102 of title 36, United States Code, is

19 amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (3);

22 (2) by striking the period at the end of para23 graph (4) and inserting ‘‘; and’’; and

24 (3) by adding at the end the following para25 graph:
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1 ‘‘(5) to conduct other activities consistent with

2 the foregoing purposes.’’.

3 SEC. 1805. MEMBERSHIP AND CHAPTERS.

4 Section 300103 of title 36, United States Code, is

5 amended—

6 (1) in subsection (a), by inserting ‘‘, or as other7 wise provided,’’ before ‘‘in the bylaws’’;

8 (2) in subsection (b)(1)—

9 (A) by striking ‘‘board of governors’’ and

10 inserting ‘‘corporation’’; and

11 (B) by inserting ‘‘policies and’’ before ‘‘reg12 ulations related’’; and

13 (3) in subsection (b)(2)—

14 (A) by inserting ‘‘policies and’’ before ‘‘reg15 ulations shall require’’; and

16 (B) by striking ‘‘national convention’’ and

17 inserting ‘‘annual meeting’’.

18 SEC. 1806. BOARD OF GOVERNORS.

19 Section 300104 of title 36, United States Code, is

20 amended to read as follows:

21 ‘‘§ 300104. Board of governors

22 ‘‘(a) BOARD OF GOVERNORS.—

23 ‘‘(1) IN GENERAL.—The board of governors is the

24 governing body of the corporation with all powers of

25 governing and directing, and of overseeing the man-
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1 agement of the business and affairs of, the corpora2 tion.

3 ‘‘(2) NUMBER.—The board of governors shall fix

4 by resolution, from time to time, the number of mem5 bers constituting the entire board of governors, pro6 vided that—

7 ‘‘(A) as of March 31, 2009, and thereafter,

8 there shall be no fewer than 12 and no more

9 than 25 members; and

10 ‘‘(B) as of March 31, 2012, and thereafter,

11 there shall be no fewer than 12 and no more

12 than 20 members constituting the entire board.

13 Procedures to implement the preceding sentence shall

14 be provided in the bylaws.

15 ‘‘(3) APPOINTMENT.—The governors shall be ap16 pointed or elected in the following manner:

17 ‘‘(A) CHAIRMAN.—

18 ‘‘(i) IN GENERAL.—The board of gov19 ernors, in accordance with procedures pro20 vided in the bylaws, shall recommend to the

21 President an individual to serve as chair22 man of the board of governors. If such rec23 ommendation is approved by the President,

24 the President shall appoint such individual
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1 to serve as chairman of the board of gov2 ernors.

3 ‘‘(ii) VACANCIES.—Vacancies in the of4 fice of the chairman, including vacancies re5 sulting from the resignation, death, or re6 moval by the President of the chairman,

7 shall be filled in the same manner described

8 in clause (i).

9 ‘‘(iii) DUTIES.—The chairman shall be

10 a member of the board of governors and,

11 when present, shall preside at meetings of

12 the board of governors and shall have such

13 other duties and responsibilities as may be

14 provided in the bylaws or a resolution of the

15 board of governors.

16 ‘‘(B) OTHER MEMBERS.—

17 ‘‘(i) IN GENERAL.—Members of the

18 board of governors other than the chairman

19 shall be elected at the annual meeting of the

20 corporation in accordance with such proce21 dures as may be provided in the bylaws.

22 ‘‘(ii) VACANCIES.—Vacancies in any

23 such elected board position and in any

24 newly created board position may be filled

25 by a vote of the remaining members of the
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1 board of governors in accordance with such

2 procedures as may be provided in the by3 laws.

4 ‘‘(b) TERMS OF OFFICE.—

5 ‘‘(1) IN GENERAL.—The term of office of each

6 member of the board of governors shall be 3 years, ex7 cept that—

8 ‘‘(A) the board of governors may provide

9 under the bylaws that the terms of office of mem10 bers of the board of governors elected to the board

11 of governors before March 31, 2012, may be less

12 than 3 years in order to implement the provi13 sions of subparagraphs (A) and (B) of subsection

14 (a)(2); and

15 ‘‘(B) any member of the board of governors

16 elected by the board to fill a vacancy in a board

17 position arising before the expiration of its term

18 may, as determined by the board, serve for the

19 remainder of that term or until the next annual

20 meeting of the corporation.

21 ‘‘(2) STAGGERED TERMS.—The terms of office of

22 members of the board of governors (other than the

23 chairman) shall be staggered such that, by March 31,

2012, and thereafter, 1 24 ⁄3 of the entire board (or as

near to 1 25 ⁄3 as practicable) shall be elected at each suc-
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1 cessive annual meeting of the corporation with the

2 term of office of each member of the board of gov3 ernors elected at an annual meeting expiring at the

4 third annual meeting following the annual meeting at

5 which such member was elected.

6 ‘‘(3) TERM LIMITS.—No person may serve as a

7 member of the board of governors for more than such

8 number of terms of office or years as may be provided

9 in the bylaws.

10 ‘‘(c) COMMITTEES AND OFFICERS.—The board—

11 ‘‘(1) may appoint, from its own members, an ex12 ecutive committee to exercise such powers of the board

13 when the board is not in session as may be provided

14 in the bylaws;

15 ‘‘(2) may appoint such other committees or advi16 sory councils with such powers as may be provided in

17 the bylaws or a resolution of the board of governors;

18 ‘‘(3) shall appoint such officers of the corpora19 tion, including a chief executive officer, with such du20 ties, responsibilities, and terms of office as may be

21 provided in the bylaws or a resolution of the board

22 of governors; and

23 ‘‘(4) may remove members of the board of gov24 ernors (other than the chairman), officers, and em-
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1 ployees under such procedures as may be provided in

2 the bylaws or a resolution of the board of governors.

3 ‘‘(d) ADVISORY COUNCIL.—

4 ‘‘(1) ESTABLISHMENT.—There shall be an advi5 sory council to the board of governors.

6 ‘‘(2) MEMBERSHIP; APPOINTMENT BY PRESI7 DENT.—

8 ‘‘(A) IN GENERAL.—The advisory council

9 shall be composed of no fewer than 8 and no

10 more than 10 members, each of whom shall be

11 appointed by the President from principal offi12 cers of the executive departments and senior offi13 cers of the Armed Forces whose positions and in14 terests qualify them to contribute to carrying out

15 the programs and purposes of the corporation.

16 ‘‘(B) MEMBERS FROM THE ARMED

17 FORCES.—At least 1, but not more than 3, of the

18 members of the advisory council shall be selected

19 from the Armed Forces.

20 ‘‘(3) DUTIES.—The advisory council shall advise,

21 report directly to, and meet, at least 1 time per year

22 with the board of governors, and shall have such

23 name, functions and be subject to such procedures as

24 may be provided in the bylaws.
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1 ‘‘(e) ACTION WITHOUT MEETING.—Any action re2 quired or permitted to be taken at any meeting of the board

3 of governors or of any committee thereof may be taken with4 out a meeting if all members of the board or committee,

5 as the case may be, consent thereto in writing, or by elec6 tronic transmission and the writing or writings or elec7 tronic transmission or transmissions are filed with the min8 utes of proceedings of the board or committee. Such filing

9 shall be in paper form if the minutes are maintained in

10 paper form and shall be in electronic form if the minutes

11 are maintained in electronic form.

12 ‘‘(f) VOTING BY PROXY.—

13 ‘‘(1) IN GENERAL.—Voting by proxy is not al14 lowed at any meeting of the board, at the annual

15 meeting, or at any meeting of a chapter.

16 ‘‘(2) EXCEPTION.—The board may allow the elec17 tion of governors by proxy during any emergency.

18 ‘‘(g) BYLAWS.—

19 ‘‘(1) IN GENERAL.—The board of governors

20 may—

21 ‘‘(A) at any time adopt bylaws; and

22 ‘‘(B) at any time adopt bylaws to be effec23 tive only in an emergency.

24 ‘‘(2) EMERGENCY BYLAWS.—Any bylaws adopted

25 pursuant to paragraph (1)(B) may provide special
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1 procedures necessary for managing the corporation

2 during the emergency. All provisions of the regular

3 bylaws consistent with the emergency bylaws remain

4 effective during the emergency.

5 ‘‘(h) DEFINITIONS.—For purposes of this section—

6 ‘‘(1) the term ‘entire board’ means the total

7 number of members of the board of governors that the

8 corporation would have if there were no vacancies;

9 and

10 ‘‘(2) the term ‘emergency’ shall have such mean11 ing as may be provided in the bylaws.’’.

12 SEC. 1807. POWERS.

13 Paragraph (a)(1) of section 300105 of title 36, United

14 States Code, is amended by striking ‘‘bylaws’’ and inserting

15 ‘‘policies’’.

16 SEC. 1808. ANNUAL MEETING.

17 Section 300107 of title 36, United States Code, is

18 amended to read as follows:

19 ‘‘§ 300107. Annual meeting

20 ‘‘(a) IN GENERAL.—The annual meeting of the cor21 poration is the annual meeting of delegates of the chapters.

22 ‘‘(b) TIME OF MEETING.—The annual meeting shall

23 be held as determined by the board of governors.

24 ‘‘(c) PLACE OF MEETING.—The board of governors is

25 authorized to determine that the annual meeting shall not
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1 be held at any place, but may instead be held solely by

2 means of remote communication subject to such procedures

3 as are provided in the bylaws.

4 ‘‘(d) VOTING.—

5 ‘‘(1) IN GENERAL.—In matters requiring a vote

6 at the annual meeting, each chapter is entitled to at

7 least 1 vote, and voting on all matters may be con8 ducted by mail, telephone, telegram, cablegram, elec9 tronic mail, or any other means of electronic or tele10 phone transmission, provided that the person voting

11 shall state, or submit information from which it can

12 be determined, that the method of voting chosen was

13 authorized by such person.

14 ‘‘(2) ESTABLISHMENT OF NUMBER OF VOTES.—

15 ‘‘(A) IN GENERAL.—The board of governors

16 shall determine on an equitable basis the number

17 of votes that each chapter is entitled to cast, tak18 ing into consideration the size of the membership

19 of the chapters, the populations served by the

20 chapters, and such other factors as may be deter21 mined by the board.

22 ‘‘(B) PERIODIC REVIEW.—The board of gov23 ernors shall review the allocation of votes at least

24 every 5 years.’’.
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1 SEC. 1809. ENDOWMENT FUND.

2 Section 300109 of title 36, United States Code is

3 amended—

4 (1) by striking ‘‘nine’’ from the first sentence

5 thereof; and

6 (2) by striking the second sentence and inserting

7 the following: ‘‘The corporation shall prescribe policies

8 and regulations on terms and tenure of office, ac9 countability, and expenses of the board of trustees.’’.

10 SEC. 1810. ANNUAL REPORT AND AUDIT.

11 Subsection (a) of section 300110 of title 36, United

12 States Code, is amended to read as follows:

13 ‘‘(a) SUBMISSION OF REPORT.—As soon as practicable

14 after the end of the corporation’s fiscal year, which may

15 be changed from time to time by the board of governors,

16 the corporation shall submit a report to the Secretary of

17 Defense on the activities of the corporation during such fis18 cal year, including a complete, itemized report of all re19 ceipts and expenditures.’’.

20 SEC. 1811. COMPTROLLER GENERAL OF THE UNITED

21 STATES AND OFFICE OF THE OMBUDSMAN.

22 (a) IN GENERAL.—Chapter 3001 of title 36, United

23 States Code, is amended by redesignating section 300111

24 as section 300113 and by inserting after section 300110 the

25 following new sections:
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1 ‘‘§ 300111. Authority of the Comptroller General of the

2 United States

3 ‘‘The Comptroller General of the United States is au4 thorized to review the corporation’s involvement in any

5 Federal program or activity the Government carries out

6 under law.

7 ‘‘§ 300112. Office of the Ombudsman

8 ‘‘(a) ESTABLISHMENT.—The corporation shall estab9 lish an Office of the Ombudsman with such duties and re10 sponsibilities as may be provided in the bylaws or a resolu11 tion of the board of governors.

12 ‘‘(b) REPORT.—

13 ‘‘(1) IN GENERAL.—The Office of the Ombuds14 man shall submit annually to the appropriate Con15 gressional committees a report concerning any trends

16 and systemic matters that the Office of the Ombuds17 man has identified as confronting the corporation.

18 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—For purposes of paragraph (1), the appro20 priate Congressional committees are the following

21 committees of Congress:

22 ‘‘(A) SENATE COMMITTEES.—The appro23 priate Congressional committees of the Senate

24 are—

25 ‘‘(i) the Committee on Finance;
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1 ‘‘(ii) the Committee on Foreign Rela2 tions;

3 ‘‘(iii) the Committee on Health, Edu4 cation, Labor, and Pensions;

5 ‘‘(iv) the Committee on Homeland Se6 curity and Governmental Affairs; and

7 ‘‘(v) the Committee on the Judiciary.

8 ‘‘(B) HOUSE COMMITTEES.—The appro9 priate Congressional committees of the House of

10 Representatives are—

11 ‘‘(i) the Committee on Energy and

12 Commerce;

13 ‘‘(ii) the Committee on Foreign Affairs;

14 ‘‘(iii) the Committee on Homeland Se15 curity;

16 ‘‘(iv) the Committee on the Judiciary;

17 and

18 ‘‘(v) the Committee on Ways and

19 Means.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections for

21 chapter 3001 of title 36, United States Code, is amended

22 by striking the item relating to section 300111 and insert23 ing the following:

‘‘300111. Authority of the Comptroller General of the United States.

‘‘300112. Office of the Ombudsman.

‘‘300113. Reservation of right to amend or repeal.’’.
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1 TITLE XIX—ADVANCEMENT OF

2 DEMOCRATIC VALUES

3 SEC. 1901. SHORT TITLE.

4 This title may be cited as the ‘‘Advance Democratic

5 Values, Address Non-democratic Countries, and Enhance

6 Democracy Act of 2007’’ or the ‘‘ADVANCE Democracy Act

7 of 2007’’.

8 SEC. 1902. FINDINGS.

9 Congress finds that in order to support the expansion

10 of freedom and democracy in the world, the foreign policy

11 of the United States should be organized in support of

12 transformational diplomacy that seeks to work through

13 partnerships to build and sustain democratic, well-governed

14 states that will respect human rights and respond to the

15 needs of their people and conduct themselves responsibly in

16 the international system.

17 SEC. 1903. STATEMENT OF POLICY.

18 It should be the policy of the United States—

19 (1) to promote freedom and democracy in foreign

20 countries as a fundamental component of the foreign

21 policy of the United States;

22 (2) to affirm internationally recognized human

23 rights standards and norms and to condemn offenses

24 against those rights;
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1 (3) to use instruments of United States influence

2 to support, promote, and strengthen democratic prin3 ciples, practices, and values, including the right to

4 free, fair, and open elections, secret balloting, and

5 universal suffrage;

6 (4) to protect and promote fundamental freedoms

7 and rights, including the freedom of association, of

8 expression, of the press, and of religion, and the right

9 to own private property;

10 (5) to protect and promote respect for and adher11 ence to the rule of law;

12 (6) to provide appropriate support to nongovern13 mental organizations working to promote freedom

14 and democracy;

15 (7) to provide political, economic, and other sup16 port to countries that are willingly undertaking a

17 transition to democracy;

18 (8) to commit to the long-term challenge of pro19 moting universal democracy; and

20 (9) to strengthen alliances and relationships with

21 other democratic countries in order to better promote

22 and defend shared values and ideals.

23 SEC. 1904. DEFINITIONS.

24 In this title:
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1 (1) ANNUAL REPORT ON ADVANCING FREEDOM

2 AND DEMOCRACY.—The term ‘‘Annual Report on Ad3 vancing Freedom and Democracy’’ refers to the an4 nual report submitted to Congress by the Department

5 of State pursuant to section 665(c) of the Foreign Re6 lations Authorization Act, Fiscal Year 2003 (Public

7 Law 107–228; 22 U.S.C. 2151n note), in which the

8 Department reports on actions taken by the United

9 States Government to encourage respect for human

10 rights and democracy.

11 (2) ASSISTANT SECRETARY.—The term ‘‘Assist12 ant Secretary’’ means the Assistant Secretary of State

13 for Democracy, Human Rights, and Labor.

14 (3) COMMUNITY OF DEMOCRACIES AND COMMU15 NITY.—The terms ‘‘Community of Democracies’’ and

16 ‘‘Community’’ mean the association of democratic

17 countries committed to the global promotion of demo18 cratic principles, practices, and values, which held its

19 First Ministerial Conference in Warsaw, Poland, in

20 June 2000.

21 (4) DEPARTMENT.—The term ‘‘Department’’

22 means the Department of State.

23 (5) UNDER SECRETARY.—The term ‘‘Under Sec24 retary’’ means the Under Secretary of State for De25 mocracy and Global Affairs.
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1 Subtitle A—Liaison Officers and

2 Fellowship Program to Enhance

3 the Promotion of Democracy

4 SEC. 1911. DEMOCRACY LIAISON OFFICERS.

5 (a) IN GENERAL.—The Secretary of State shall estab6 lish and staff Democracy Liaison Officer positions, under

7 the supervision of the Assistant Secretary, who may be as8 signed to the following posts:

9 (1) United States missions to, or liaison with,

10 regional and multilateral organizations, including the

11 United States missions to the European Union, Afri12 can Union, Organization of American States and any

13 other appropriate regional organization, Organiza14 tion for Security and Cooperation in Europe, the

15 United Nations and its relevant specialized agencies,

16 and the North Atlantic Treaty Organization.

17 (2) Regional public diplomacy centers of the De18 partment.

19 (3) United States combatant commands.

20 (4) Other posts as designated by the Secretary of

21 State.

22 (b) RESPONSIBILITIES.—Each Democracy Liaison Of23 ficer should—

24 (1) provide expertise on effective approaches to

25 promote and build democracy;
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1 (2) assist in formulating and implementing

2 strategies for transitions to democracy; and

3 (3) carry out other responsibilities as the Sec4 retary of State and the Assistant Secretary may as5 sign.

6 (c) NEW POSITIONS.—The Democracy Liaison Officer

7 positions established under subsection (a) should be new po8 sitions that are in addition to existing officer positions with

9 responsibility for other human rights and democracy re10 lated issues and programs.

11 (d) RELATIONSHIP TO OTHER AUTHORITIES.—Noth12 ing in this section may be construed as removing any au13 thority or responsibility of a chief of mission or other em14 ployee of a diplomatic mission of the United States pro15 vided under any other provision of law, including any au16 thority or responsibility for the development or implementa17 tion of strategies to promote democracy.

18 SEC. 1912. DEMOCRACY FELLOWSHIP PROGRAM.

19 (a) REQUIREMENT FOR PROGRAM.—The Secretary of

20 State shall establish a Democracy Fellowship Program to

21 enable Department officers to gain an additional perspec22 tive on democracy promotion abroad by working on democ23 racy issues in congressional committees with oversight over

24 the subject matter of this title, including the Committee on

25 Foreign Relations and the Committee on Appropriations of
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1 the Senate and the Committee on Foreign Affairs and the

2 Committee on Appropriations of the House of Representa3 tives, and in nongovernmental organizations involved in de4 mocracy promotion.

5 (b) SELECTION AND PLACEMENT.—The Assistant Sec6 retary shall play a central role in the selection of Democ7 racy Fellows and facilitate their placement in appropriate

8 congressional offices and nongovernmental organizations.

9 (c) EXCEPTION.—A Democracy Fellow may not be as10 signed to any congressional office until the Secretary of De11 fense certifies to the Committee on Armed Services and the

12 Committee on Foreign Relations of the Senate and the Com13 mittee on Armed Services and the Committee on Foreign

14 Affairs of the House of Representatives that the request of

15 the Commander of the United States Central Command for

16 the Department of State for personnel and foreign service

17 officers has been fulfilled.

18 SEC. 1913. TRANSPARENCY OF UNITED STATES BROAD19 CASTING TO ASSIST IN OVERSIGHT AND EN20 SURE PROMOTION OF HUMAN RIGHTS AND

21 DEMOCRACY IN INTERNATIONAL BROAD22 CASTS.

23 (a) TRANSCRIPTS.—The Broadcasting Board of Gov24 ernors shall transcribe into English all original broad25 casting content.
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1 (b) PUBLIC TRANSPARENCY.—The Broadcasting

2 Board of Governors shall post all English transcripts from

3 its broadcasting content on a publicly available website

4 within 30 days of the original broadcast.

5 (c) BROADCASTING CONTENT DEFINED.—In this sec6 tion, the term ‘‘broadcasting content’’ includes program7 ming produced or broadcast by United State international

8 broadcasters, including—

9 (1) Voice of America;

10 (2) Alhurra;

11 (3) Radio Sawa;

12 (4) Radio Farda;

13 (5) Radio Free Europe/Radio Liberty;

14 (6) Radio Free Asia; and

15 (7) The Office of Cuba Broadcasting.

16 Subtitle B—Annual Report on

17 Advancing Freedom and Democracy

18 SEC. 1921. ANNUAL REPORT.

19 (a) REPORT TITLE.—Section 665(c) of the Foreign Re20 lations Authorization Act, Fiscal Year 2003 (Public Law

21 107–228; 22 U.S.C. 2151n note) is amended in the first

22 sentence by inserting ‘‘entitled the Advancing Freedom and

23 Democracy Report’’ before the period at the end.

24 (b) SCHEDULE FOR SUBMISSION.—If a report entitled

25 the Advancing Freedom and Democracy Report pursuant
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1 to section 665(c) of the Foreign Relations Authorization

2 Act, Fiscal Year 2003, as amended by subsection (a), is sub3 mitted under such section, such report shall be submitted

4 not later than 90 days after the date of submission of the

5 report required by section 116(d) of the Foreign Assistance

6 Act of 1961 (22 U.S.C. 2151n(d)).

7 (c) CONFORMING AMENDMENT.—Section 665(c) of the

8 Foreign Relations Authorization Act, Fiscal Year 2003

9 (Public Law 107–228; 2151n note) is amended by striking

10 ‘‘30 days’’ and inserting ‘‘90 days’’.

11 SEC. 1922. SENSE OF CONGRESS ON TRANSLATION OF

12 HUMAN RIGHTS REPORTS.

13 It is the sense of Congress that the Secretary of State

14 should continue to ensure and expand the timely trans15 lation of Human Rights and International Religious Free16 dom reports and the Annual Report on Advancing Freedom

17 and Democracy prepared by personnel of the Department

18 of State into the principal languages of as many countries

19 as possible. Translations are welcomed because information

20 on United States support for universal enjoyment of free21 doms and rights serves to encourage individuals around the

22 globe seeking to advance the cause of freedom in their coun23 tries.
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1 Subtitle C—Advisory Committee on

2 Democracy Promotion and the

3 Internet Website of the Depart4 ment of State

5 SEC. 1931. ADVISORY COMMITTEE ON DEMOCRACY PRO6 MOTION.

7 Congress commends the Secretary of State for creating

8 an Advisory Committee on Democracy Promotion, and it

9 is the sense of Congress that the Committee should play a

10 significant role in the Department’s transformational di11 plomacy by advising the Secretary of State regarding

12 United States efforts to promote democracy and democratic

13 transition in connection with the formulation and imple14 mentation of United States foreign policy and foreign as15 sistance.

16 SEC. 1932. SENSE OF CONGRESS ON THE INTERNET

17 WEBSITE OF THE DEPARTMENT OF STATE.

18 It is the sense of Congress that—

19 (1) the Secretary of State should continue and

20 further expand the Secretary’s existing efforts to in21 form the public in foreign countries of the efforts of

22 the United States to promote democracy and defend

23 human rights through the Internet website of the De24 partment of State;
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1 (2) the Secretary of State should continue to en2 hance the democracy promotion materials and re3 sources on that Internet website, as such enhancement

4 can benefit and encourage those around the world who

5 seek freedom; and

6 (3) such enhancement should include where pos7 sible and practical, translated reports on democracy

8 and human rights prepared by personnel of the De9 partment, narratives and histories highlighting suc10 cessful nonviolent democratic movements, and other

11 relevant material.

12 Subtitle D—Training in Democracy

13 and Human Rights; Promotions

14 SEC. 1941. SENSE OF CONGRESS ON TRAINING IN DEMOC15 RACY AND HUMAN RIGHTS.

16 It is the sense of Congress that—

17 (1) the Secretary of State should continue to en18 hance and expand the training provided to foreign

19 service officers and civil service employees on how to

20 strengthen and promote democracy and human rights;

21 and

22 (2) the Secretary of State should continue the ef23 fective and successful use of case studies and practical

24 workshops addressing potential challenges, and work

25 with non-state actors, including nongovernmental or-
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1 ganizations that support democratic principles, prac2 tices, and values.

3 SEC. 1942. SENSE OF CONGRESS ON ADVANCE DEMOCRACY

4 AWARD.

5 It is the sense of Congress that—

6 (1) the Secretary of State should further

7 strengthen the capacity of the Department to carry

8 out result-based democracy promotion efforts through

9 the establishment of awards and other employee in10 centives, including the establishment of an annual

11 award known as Outstanding Achievements in Ad12 vancing Democracy, or the ADVANCE Democracy

13 Award, that would be awarded to officers or employ14 ees of the Department; and

15 (2) the Secretary of State should establish the

16 procedures for selecting recipients of such award, in17 cluding any financial terms, associated with such

18 award.

19 SEC. 1943. PROMOTIONS.

20 The precepts for selection boards responsible for recom21 mending promotions of foreign service officers, including

22 members of the senior foreign service, should include consid23 eration of a candidate’s experience or service in promotion

24 of human rights and democracy.
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1 SEC. 1944. PROGRAMS BY UNITED STATES MISSIONS IN

2 FOREIGN COUNTRIES AND ACTIVITIES OF

3 CHIEFS OF MISSION.

4 It is the sense of Congress that each chief of mission

5 should provide input on the actions described in the Ad6 vancing Freedom and Democracy Report submitted under

7 section 665(c) of the Foreign Relations Authorization Act,

8 Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2151n

9 note), as amended by section 1621, and should intensify de10 mocracy and human rights promotion activities.

11 Subtitle E—Alliances With

12 Democratic Countries

13 SEC. 1951. ALLIANCES WITH DEMOCRATIC COUNTRIES.

14 (a) ESTABLISHMENT OF AN OFFICE FOR THE COMMU15 NITY OF DEMOCRACIES.—The Secretary of State should,

16 and is authorized to, establish an Office for the Community

17 of Democracies with the mission to further develop and

18 strengthen the institutional structure of the Community of

19 Democracies, develop interministerial projects, enhance the

20 United Nations Democracy Caucus, manage policy develop21 ment of the United Nations Democracy Fund, and enhance

22 coordination with other regional and multilateral bodies

23 with jurisdiction over democracy issues.

24 (b) SENSE OF CONGRESS ON INTERNATIONAL CENTER

25 FOR DEMOCRATIC TRANSITION.—It is the sense of Congress

26 that the International Center for Democratic Transition, an
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1 initiative of the Government of Hungary, serves to promote

2 practical projects and the sharing of best practices in the

3 area of democracy promotion and should be supported by,

4 in particular, other European countries with experiences in

5 democratic transitions, the United States, and private indi6 viduals.

7 Subtitle F—Funding for Promotion

8 of Democracy

9 SEC. 1961. SENSE OF CONGRESS ON THE UNITED NATIONS

10 DEMOCRACY FUND.

11 It is the sense of Congress that the United States should

12 work with other countries to enhance the goals and work

13 of the United Nations Democracy Fund, an essential tool

14 to promote democracy, and in particular support civil soci15 ety in their efforts to help consolidate democracy and bring

16 about transformational change.

17 SEC. 1962. THE HUMAN RIGHTS AND DEMOCRACY FUND.

18 The purpose of the Human Rights and Democracy

19 Fund should be to support innovative programming, media,

20 and materials designed to uphold democratic principles,

21 support and strengthen democratic institutions, promote
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1 human rights and the rule of law, and build civil societies

2 in countries around the world.

Attest:

Secretary.
110TH CONGRESS

1ST SESSION H. R. 1

AMENDMENT