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[House Report 110-259]
[From the U.S. Government Publishing Office]

110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-259

======================================================================

 
    IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007

                               ----------                              

                           CONFERENCE REPORT

                              TO ACCOMPANY

                                 H.R. 1

                 July 25, 2007.--Ordered to be printed

    IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007

110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-259

======================================================================

    IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007

                                _______
                                

                 July 25, 2007.--Ordered to be printed

                                _______
                                

    Mr. Thompson of Mississippi, from the Committee on Conference, 
                        submitted the following

                           CONFERENCE REPORT

                         [To accompany H.R. 1]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
1), to provide for the implementation of the recommendations of 
the National Commission on Terrorist Attacks Upon the United 
States, having met, after full and free conference, have agreed 
to recommend and do recommend to their respective Houses as 
follows:
      That the House recede from its disagreement to the 
amendment of the Senate and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
Senate amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``Implementing Recommendations of the 9/11 Commission Act of 
2007''.
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

Sec. 1. Short title; table of contents.

                    TITLE I--HOMELAND SECURITY GRANTS

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

            TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

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

TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS

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

       TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

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

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

      Subtitle A--Homeland Security Information Sharing Enhancement

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

     Subtitle B--Homeland Security Information Sharing Partnerships

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

    Subtitle C--Interagency Threat Assessment and Coordination Group

Sec. 521. Interagency Threat Assessment and Coordination Group.

    Subtitle D--Homeland Security Intelligence Offices Reorganization

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

               Subtitle E--Authorization of Appropriations

Sec. 541. Authorization of appropriations.

            TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

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

      TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

                      Subtitle A--Terrorist Travel

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

                         Subtitle B--Visa Waiver

Sec. 711. Modernization of the visa waiver program.

         Subtitle C--Strengthening Terrorism Prevention Programs

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

                  Subtitle D--Miscellaneous Provisions

Sec. 731. Report regarding border security.

                 TITLE VIII--PRIVACY AND CIVIL LIBERTIES

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

                  TITLE IX--PRIVATE SECTOR PREPAREDNESS

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

           TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

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

     TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

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

   TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

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

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

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

                TITLE XIV--PUBLIC TRANSPORTATION SECURITY

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

                TITLE XV--SURFACE TRANSPORTATION SECURITY

                     Subtitle A--General Provisions

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

                      Subtitle B--Railroad Security

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

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

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

          Subtitle D--Hazardous Material and Pipeline Security

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

                           TITLE XVI--AVIATION

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

                       TITLE XVII--MARITIME CARGO

Sec. 1701. Container scanning and seals.

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

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

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

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

              Subtitle B--Proliferation Security Initiative

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

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

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

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

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

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

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

   TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

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

         TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

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

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

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

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

Sec. 2021. Middle East Foundation.

         Subtitle C--Reaffirming United States Moral Leadership

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

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

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

                 TITLE XXI--ADVANCING DEMOCRATIC VALUES

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

      Subtitle A--Activities to Enhance the Promotion of Democracy

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

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

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

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

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

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

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

            Subtitle E--Cooperation With Democratic Countries

Sec. 2151. Cooperation with democratic countries.

             Subtitle F--Funding for Promotion of Democracy

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

           TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

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

           TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION

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

                  TITLE XXIV--MISCELLANEOUS PROVISIONS

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

                   TITLE I--HOMELAND SECURITY GRANTS

SEC. 101. HOMELAND SECURITY GRANT PROGRAM.

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

                  ``TITLE XX--HOMELAND SECURITY GRANTS

``SEC. 2001. DEFINITIONS.

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

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

``SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.

    ``(a) Grants Authorized.--The Secretary, through the 
Administrator, may award grants under sections 2003 and 2004 to 
State, local, and tribal governments.
    ``(b) Programs Not Affected.--This subtitle shall not be 
construed to affect any of the following Federal programs:
            ``(1) Firefighter and other assistance programs 
        authorized under the Federal Fire Prevention and 
        Control Act of 1974 (15 U.S.C. 2201 et seq.).
            ``(2) Grants authorized under the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.).
            ``(3) Emergency Management Performance Grants under 
        the amendments made by title II of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007.
            ``(4) Grants to protect critical infrastructure, 
        including port security grants authorized under section 
        70107 of title 46, United States Code, and the grants 
        authorized under title XIV, XV, and XVI of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007 and the amendments made by such titles.
            ``(5) The Metropolitan Medical Response System 
        authorized under section 635 of the Post-Katrina 
        Emergency Management Reform Act of 2006 (6 U.S.C. 723).
            ``(6) The Interoperable Emergency Communications 
        Grant Program authorized under title XVIII.
            ``(7) Grant programs other than those administered 
        by the Department.
    ``(c) Relationship to Other Laws.--
            ``(1) In general.--The grant programs authorized 
        under sections 2003 and 2004 shall supercede all grant 
        programs authorized under section 1014 of the USA 
        PATRIOT Act (42 U.S.C. 3714).
            ``(2) Allocation.--The allocation of grants 
        authorized under section 2003 or 2004 shall be governed 
        by the terms of this subtitle and not by any other 
        provision of law.

``SEC. 2003. URBAN AREA SECURITY INITIATIVE.

    ``(a) Establishment.--There is established an Urban Area 
Security Initiative to provide grants to assist high-risk urban 
areas in preventing, preparing for, protecting against, and 
responding to acts of terrorism.
    ``(b) Assessment and Designation of High-Risk Urban 
Areas.--
            ``(1) In general.--The Administrator shall 
        designate high-risk urban areas to receive grants under 
        this section based on procedures under this subsection.
            ``(2) Initial assessment.--
                    ``(A) In general.--For each fiscal year, 
                the Administrator shall conduct an initial 
                assessment of the relative threat, 
                vulnerability, and consequences from acts of 
                terrorism faced by each eligible metropolitan 
                area, including consideration of--
                            ``(i) the factors set forth in 
                        subparagraphs (A) through (H) and (K) 
                        of section 2007(a)(1); and
                            ``(ii) information and materials 
                        submitted under subparagraph (B).
                    ``(B) Submission of information by eligible 
                metropolitan areas.--Prior to conducting each 
                initial assessment under subparagraph (A), the 
                Administrator shall provide each eligible 
                metropolitan area with, and shall notify each 
                eligible metropolitan area of, the opportunity 
                to--
                            ``(i) submit information that the 
                        eligible metropolitan area believes to 
                        be relevant to the determination of the 
                        threat, vulnerability, and consequences 
                        it faces from acts of terrorism; and
                            ``(ii) review the risk assessment 
                        conducted by the Department of that 
                        eligible metropolitan area, including 
                        the bases for the assessment by the 
                        Department of the threat, 
                        vulnerability, and consequences from 
                        acts of terrorism faced by that 
                        eligible metropolitan area, and remedy 
                        erroneous or incomplete information.
            ``(3) Designation of high-risk urban areas.--
                    ``(A) Designation.--
                            ``(i) In general.--For each fiscal 
                        year, after conducting the initial 
                        assessment under paragraph (2), and 
                        based on that assessment, the 
                        Administrator shall designate high-risk 
                        urban areas that may submit 
                        applications for grants under this 
                        section.
                            ``(ii) Additional areas.--
                        Notwithstanding paragraph (2), the 
                        Administrator may--
                                    ``(I) in any case where an 
                                eligible metropolitan area 
                                consists of more than 1 
                                metropolitan division (as that 
                                term is defined by the Office 
                                of Management and Budget) 
                                designate more than 1 high-risk 
                                urban area within a single 
                                eligible metropolitan area; and
                                    ``(II) designate an area 
                                that is not an eligible 
                                metropolitan area as a high-
                                risk urban area based on the 
                                assessment by the Administrator 
                                of the relative threat, 
                                vulnerability, and consequences 
                                from acts of terrorism faced by 
                                the area.
                            ``(iii) Rule of construction.--
                        Nothing in this subsection may be 
                        construed to require the Administrator 
                        to--
                                    ``(I) designate all 
                                eligible metropolitan areas 
                                that submit information to the 
                                Administrator under paragraph 
                                (2)(B)(i) as high-risk urban 
                                areas; or
                                    ``(II) designate all areas 
                                within an eligible metropolitan 
                                area as part of the high-risk 
                                urban area.
                    ``(B) Jurisdictions included in high-risk 
                urban areas.--
                            ``(i) In general.--In designating 
                        high-risk urban areas under 
                        subparagraph (A), the Administrator 
                        shall determine which jurisdictions, at 
                        a minimum, shall be included in each 
                        high-risk urban area.
                            ``(ii) Additional jurisdictions.--A 
                        high-risk urban area designated by the 
                        Administrator may, in consultation with 
                        the State or States in which such high-
                        risk urban area is located, add 
                        additional jurisdictions to the high-
                        risk urban area.
    ``(c) Application.--
            ``(1) In general.--An area designated as a high-
        risk urban area under subsection (b) may apply for a 
        grant under this section.
            ``(2) Minimum contents of application.--In an 
        application for a grant under this section, a high-risk 
        urban area shall submit--
                    ``(A) a plan describing the proposed 
                division of responsibilities and distribution 
                of funding among the local and tribal 
                governments in the high-risk urban area;
                    ``(B) the name of an individual to serve as 
                a high-risk urban area liaison with the 
                Department and among the various jurisdictions 
                in the high-risk urban area; and
                    ``(C) such information in support of the 
                application as the Administrator may reasonably 
                require.
            ``(3) Annual applications.--Applicants for grants 
        under this section shall apply or reapply on an annual 
        basis.
            ``(4) State review and transmission.--
                    ``(A) In general.--To ensure consistency 
                with State homeland security plans, a high-risk 
                urban area applying for a grant under this 
                section shall submit its application to each 
                State within which any part of that high-risk 
                urban area is located for review before 
                submission of such application to the 
                Department.
                    ``(B) Deadline.--Not later than 30 days 
                after receiving an application from a high-risk 
                urban area under subparagraph (A), a State 
                shall transmit the application to the 
                Department.
                    ``(C) Opportunity for state comment.--If 
                the Governor of a State determines that an 
                application of a high-risk urban area is 
                inconsistent with the State homeland security 
                plan of that State, or otherwise does not 
                support the application, the Governor shall--
                            ``(i) notify the Administrator, in 
                        writing, of that fact; and
                            ``(ii) provide an explanation of 
                        the reason for not supporting the 
                        application at the time of transmission 
                        of the application.
            ``(5) Opportunity to amend.--In considering 
        applications for grants under this section, the 
        Administrator shall provide applicants with a 
        reasonable opportunity to correct defects in the 
        application, if any, before making final awards.
    ``(d) Distribution of Awards.--
            ``(1) In general.--If the Administrator approves 
        the application of a high-risk urban area for a grant 
        under this section, the Administrator shall distribute 
        the grant funds to the State or States in which that 
        high-risk urban area is located.
            ``(2) State distribution of funds.--
                    ``(A) In general.--Not later than 45 days 
                after the date that a State receives grant 
                funds under paragraph (1), that State shall 
                provide the high-risk urban area awarded that 
                grant not less than 80 percent of the grant 
                funds. Any funds retained by a State shall be 
                expended on items, services, or activities that 
                benefit the high-risk urban area.
                    ``(B) Funds retained.--A State shall 
                provide each relevant high-risk urban area with 
                an accounting of the items, services, or 
                activities on which any funds retained by the 
                State under subparagraph (A) were expended.
            ``(3) Interstate urban areas.--If parts of a high-
        risk urban area awarded a grant under this section are 
        located in 2 or more States, the Administrator shall 
        distribute to each such State--
                    ``(A) a portion of the grant funds in 
                accordance with the proposed distribution set 
                forth in the application; or
                    ``(B) if no agreement on distribution has 
                been reached, a portion of the grant funds 
                determined by the Administrator to be 
                appropriate.
            ``(4) Certifications regarding distribution of 
        grant funds to high-risk urban areas.--A State that 
        receives grant funds under paragraph (1) shall certify 
        to the Administrator that the State has made available 
        to the applicable high-risk urban area the required 
        funds under paragraph (2).
    ``(e) Authorization of Appropriations.--There are 
authorized to be appropriated for grants under this section--
            ``(1) $850,000,000 for fiscal year 2008;
            ``(2) $950,000,000 for fiscal year 2009;
            ``(3) $1,050,000,000 for fiscal year 2010;
            ``(4) $1,150,000,000 for fiscal year 2011;
            ``(5) $1,300,000,000 for fiscal year 2012; and
            ``(6) such sums as are necessary for fiscal year 
        2013, and each fiscal year thereafter.

``SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.

    ``(a) Establishment.--There is established a State Homeland 
Security Grant Program to assist State, local, and tribal 
governments in preventing, preparing for, protecting against, 
and responding to acts of terrorism.
    ``(b) Application.--
            ``(1) In general.--Each State may apply for a grant 
        under this section, and shall submit such information 
        in support of the application as the Administrator may 
        reasonably require.
            ``(2) Minimum contents of application.--The 
        Administrator shall require that each State include in 
        its application, at a minimum--
                    ``(A) the purpose for which the State seeks 
                grant funds and the reasons why the State needs 
                the grant to meet the target capabilities of 
                that State;
                    ``(B) a description of how the State plans 
                to allocate the grant funds to local 
                governments and Indian tribes; and
                    ``(C) a budget showing how the State 
                intends to expend the grant funds.
            ``(3) Annual applications.--Applicants for grants 
        under this section shall apply or reapply on an annual 
        basis.
    ``(c) Distribution to Local and Tribal Governments.--
            ``(1) In general.--Not later than 45 days after 
        receiving grant funds, any State receiving a grant 
        under this section shall make available to local and 
        tribal governments, consistent with the applicable 
        State homeland security plan--
                    ``(A) not less than 80 percent of the grant 
                funds;
                    ``(B) with the consent of local and tribal 
                governments, items, services, or activities 
                having a value of not less than 80 percent of 
                the amount of the grant; or
                    ``(C) with the consent of local and tribal 
                governments, grant funds combined with other 
                items, services, or activities having a total 
                value of not less than 80 percent of the amount 
                of the grant.
            ``(2) Certifications regarding distribution of 
        grant funds to local governments.--A State shall 
        certify to the Administrator that the State has made 
        the distribution to local and tribal governments 
        required under paragraph (1).
            ``(3) Extension of period.--The Governor of a State 
        may request in writing that the Administrator extend 
        the period under paragraph (1) for an additional period 
        of time. The Administrator may approve such a request 
        if the Administrator determines that the resulting 
        delay in providing grant funding to the local and 
        tribal governments is necessary to promote effective 
        investments to prevent, prepare for, protect against, 
        or respond to acts of terrorism.
            ``(4) Exception.--Paragraph (1) shall not apply to 
        the District of Columbia, the Commonwealth of Puerto 
        Rico, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, Guam, or the Virgin Islands.
            ``(5) Direct funding.--If a State fails to make the 
        distribution to local or tribal governments required 
        under paragraph (1) in a timely fashion, a local or 
        tribal government entitled to receive such distribution 
        may petition the Administrator to request that grant 
        funds be provided directly to the local or tribal 
        government.
    ``(d) Multistate Applications.--
            ``(1) In general.--Instead of, or in addition to, 
        any application for a grant under subsection (b), 2 or 
        more States may submit an application for a grant under 
        this section in support of multistate efforts to 
        prevent, prepare for, protect against, and respond to 
        acts of terrorism.
            ``(2) Administration of grant.--If a group of 
        States applies for a grant under this section, such 
        States shall submit to the Administrator at the time of 
        application a plan describing--
                    ``(A) the division of responsibilities for 
                administering the grant; and
                    ``(B) the distribution of funding among the 
                States that are parties to the application.
    ``(e) Minimum Allocation.--
            ``(1) In general.--In allocating funds under this 
        section, the Administrator shall ensure that--
                    ``(A) except as provided in subparagraph 
                (B), each State receives, from the funds 
                appropriated for the State Homeland Security 
                Grant Program established under this section, 
                not less than an amount equal to--
                            ``(i) 0.375 percent of the total 
                        funds appropriated for grants under 
                        this section and section 2003 in fiscal 
                        year 2008;
                            ``(ii) 0.365 percent of the total 
                        funds appropriated for grants under 
                        this section and section 2003 in fiscal 
                        year 2009;
                            ``(iii) 0.36 percent of the total 
                        funds appropriated for grants under 
                        this section and section 2003 in fiscal 
                        year 2010;
                            ``(iv) 0.355 percent of the total 
                        funds appropriated for grants under 
                        this section and section 2003 in fiscal 
                        year 2011; and
                            ``(v) 0.35 percent of the total 
                        funds appropriated for grants under 
                        this section and section 2003 in fiscal 
                        year 2012 and in each fiscal year 
                        thereafter; and
                    ``(B) for each fiscal year, American Samoa, 
                the Commonwealth of the Northern Mariana 
                Islands, Guam, and the Virgin Islands each 
                receive, from the funds appropriated for the 
                State Homeland Security Grant Program 
                established under this section, not less than 
                an amount equal to 0.08 percent of the total 
                funds appropriated for grants under this 
                section and section 2003.
            ``(2) Effect of multistate award on state 
        minimum.--Any portion of a multistate award provided to 
        a State under subsection (d) shall be considered in 
        calculating the minimum State allocation under this 
        subsection.
    ``(f) Authorization of Appropriations.--There are 
authorized to be appropriated for grants under this section--
            ``(1) $950,000,000 for each of fiscal years 2008 
        through 2012; and
            ``(2) such sums as are necessary for fiscal year 
        2013, and each fiscal year thereafter.

``SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.

    ``(a) In General.--Notwithstanding section 2004(b), the 
Administrator may award grants to directly eligible tribes 
under section 2004.
    ``(b) Tribal Applications.--A directly eligible tribe may 
apply for a grant under section 2004 by submitting an 
application to the Administrator that includes, as appropriate, 
the information required for an application by a State under 
section 2004(b).
    ``(c) Consistency With State Plans.--
            ``(1) In general.--To ensure consistency with any 
        applicable State homeland security plan, a directly 
        eligible tribe applying for a grant under section 2004 
        shall provide a copy of its application to each State 
        within which any part of the tribe is located for 
        review before the tribe submits such application to the 
        Department.
            ``(2) Opportunity for comment.--If the Governor of 
        a State determines that the application of a directly 
        eligible tribe is inconsistent with the State homeland 
        security plan of that State, or otherwise does not 
        support the application, not later than 30 days after 
        the date of receipt of that application the Governor 
        shall--
                    ``(A) notify the Administrator, in writing, 
                of that fact; and
                    ``(B) provide an explanation of the reason 
                for not supporting the application.
    ``(d) Final Authority.--The Administrator shall have final 
authority to approve any application of a directly eligible 
tribe. The Administrator shall notify each State within the 
boundaries of which any part of a directly eligible tribe is 
located of the approval of an application by the tribe.
    ``(e) Prioritization.--The Administrator shall allocate 
funds to directly eligible tribes in accordance with the 
factors applicable to allocating funds among States under 
section 2007.
    ``(f) Distribution of Awards to Directly Eligible Tribes.--
If the Administrator awards funds to a directly eligible tribe 
under this section, the Administrator shall distribute the 
grant funds directly to the tribe and not through any State.
    ``(g) Minimum Allocation.--
            ``(1) In general.--In allocating funds under this 
        section, the Administrator shall ensure that, for each 
        fiscal year, directly eligible tribes collectively 
        receive, from the funds appropriated for the State 
        Homeland Security Grant Program established under 
        section 2004, not less than an amount equal to 0.1 
        percent of the total funds appropriated for grants 
        under sections 2003 and 2004.
            ``(2) Exception.--This subsection shall not apply 
        in any fiscal year in which the Administrator--
                    ``(A) receives fewer than 5 applications 
                under this section; or
                    ``(B) does not approve at least 2 
                applications under this section.
    ``(h) Tribal Liaison.--A directly eligible tribe applying 
for a grant under section 2004 shall designate an individual to 
serve as a tribal liaison with the Department and other 
Federal, State, local, and regional government officials 
concerning preventing, preparing for, protecting against, and 
responding to acts of terrorism.
    ``(i) Eligibility for Other Funds.--A directly eligible 
tribe that receives a grant under section 2004 may receive 
funds for other purposes under a grant from the State or States 
within the boundaries of which any part of such tribe is 
located and from any high-risk urban area of which it is a 
part, consistent with the homeland security plan of the State 
or high-risk urban area.
    ``(j) State Obligations.--
            ``(1) In general.--States shall be responsible for 
        allocating grant funds received under section 2004 to 
        tribal governments in order to help those tribal 
        communities achieve target capabilities not achieved 
        through grants to directly eligible tribes.
            ``(2) Distribution of grant funds.--With respect to 
        a grant to a State under section 2004, an Indian tribe 
        shall be eligible for funding directly from that State, 
        and shall not be required to seek funding from any 
        local government.
            ``(3) Imposition of requirements.--A State may not 
        impose unreasonable or unduly burdensome requirements 
        on an Indian tribe as a condition of providing the 
        Indian tribe with grant funds or resources under 
        section 2004.
    ``(k) Rule of Construction.--Nothing in this section shall 
be construed to affect the authority of an Indian tribe that 
receives funds under this subtitle.

``SEC. 2006. TERRORISM PREVENTION.

    ``(a) Law Enforcement Terrorism Prevention Program.--
            ``(1) In general.--The Administrator shall ensure 
        that not less than 25 percent of the total combined 
        funds appropriated for grants under sections 2003 and 
        2004 is used for law enforcement terrorism prevention 
        activities.
            ``(2) Law enforcement terrorism prevention 
        activities.--Law enforcement terrorism prevention 
        activities include--
                    ``(A) information sharing and analysis;
                    ``(B) target hardening;
                    ``(C) threat recognition;
                    ``(D) terrorist interdiction;
                    ``(E) overtime expenses consistent with a 
                State homeland security plan, including for the 
                provision of enhanced law enforcement 
                operations in support of Federal agencies, 
                including for increased border security and 
                border crossing enforcement;
                    ``(F) establishing, enhancing, and staffing 
                with appropriately qualified personnel State, 
                local, and regional fusion centers that comply 
                with the guidelines established under section 
                210A(i);
                    ``(G) paying salaries and benefits for 
                personnel, including individuals employed by 
                the grant recipient on the date of the relevant 
                grant application, to serve as qualified 
                intelligence analysts;
                    ``(H) any other activity permitted under 
                the Fiscal Year 2007 Program Guidance of the 
                Department for the Law Enforcement Terrorism 
                Prevention Program; and
                    ``(I) any other terrorism prevention 
                activity authorized by the Administrator.
            ``(3) Participation of underrepresented communities 
        in fusion centers.--The Administrator shall ensure that 
        grant funds described in paragraph (1) are used to 
        support the participation, as appropriate, of law 
        enforcement and other emergency response providers from 
        rural and other underrepresented communities at risk 
        from acts of terrorism in fusion centers.
    ``(b) Office for State and Local Law Enforcement.--
            ``(1) Establishment.--There is established in the 
        Policy Directorate of the Department an Office for 
        State and Local Law Enforcement, which shall be headed 
        by an Assistant Secretary for State and Local Law 
        Enforcement.
            ``(2) Qualifications.--The Assistant Secretary for 
        State and Local Law Enforcement shall have an 
        appropriate background with experience in law 
        enforcement, intelligence, and other counterterrorism 
        functions.
            ``(3) Assignment of personnel.--The Secretary shall 
        assign to the Office for State and Local Law 
        Enforcement permanent staff and, as appropriate and 
        consistent with sections 506(c)(2), 821, and 888(d), 
        other appropriate personnel detailed from other 
        components of the Department to carry out the 
        responsibilities under this subsection.
            ``(4) Responsibilities.--The Assistant Secretary 
        for State and Local Law Enforcement shall--
                    ``(A) lead the coordination of Department-
                wide policies relating to the role of State and 
                local law enforcement in preventing, preparing 
                for, protecting against, and responding to 
                natural disasters, acts of terrorism, and other 
                man-made disasters within the United States;
                    ``(B) serve as a liaison between State, 
                local, and tribal law enforcement agencies and 
                the Department;
                    ``(C) coordinate with the Office of 
                Intelligence and Analysis to ensure the 
                intelligence and information sharing 
                requirements of State, local, and tribal law 
                enforcement agencies are being addressed;
                    ``(D) work with the Administrator to ensure 
                that law enforcement and terrorism-focused 
                grants to State, local, and tribal government 
                agencies, including grants under sections 2003 
                and 2004, the Commercial Equipment Direct 
                Assistance Program, and other grants 
                administered by the Department to support 
                fusion centers and law enforcement-oriented 
                programs, are appropriately focused on 
                terrorism prevention activities;
                    ``(E) coordinate with the Science and 
                Technology Directorate, the Federal Emergency 
                Management Agency, the Department of Justice, 
                the National Institute of Justice, law 
                enforcement organizations, and other 
                appropriate entities to support the 
                development, promulgation, and updating, as 
                necessary, of national voluntary consensus 
                standards for training and personal protective 
                equipment to be used in a tactical environment 
                by law enforcement officers; and
                    ``(F) conduct, jointly with the 
                Administrator, a study to determine the 
                efficacy and feasibility of establishing 
                specialized law enforcement deployment teams to 
                assist State, local, and tribal governments in 
                responding to natural disasters, acts of 
                terrorism, or other man-made disasters and 
                report on the results of that study to the 
                appropriate committees of Congress.
            ``(5) Rule of construction.--Nothing in this 
        subsection shall be construed to diminish, supercede, 
        or replace the responsibilities, authorities, or role 
        of the Administrator.

``SEC. 2007. PRIORITIZATION.

    ``(a) In General.--In allocating funds among States and 
high-risk urban areas applying for grants under section 2003 or 
2004, the Administrator shall consider, for each State or high-
risk urban area--
            ``(1) its relative threat, vulnerability, and 
        consequences from acts of terrorism, including 
        consideration of--
                    ``(A) its population, including appropriate 
                consideration of military, tourist, and 
                commuter populations;
                    ``(B) its population density;
                    ``(C) its history of threats, including 
                whether it has been the target of a prior act 
                of terrorism;
                    ``(D) its degree of threat, vulnerability, 
                and consequences related to critical 
                infrastructure (for all critical infrastructure 
                sectors) or key resources identified by the 
                Administrator or the State homeland security 
                plan, including threats, vulnerabilities, and 
                consequences related to critical infrastructure 
                or key resources in nearby jurisdictions;
                    ``(E) the most current threat assessments 
                available to the Department;
                    ``(F) whether the State has, or the high-
                risk urban area is located at or near, an 
                international border;
                    ``(G) whether it has a coastline bordering 
                an ocean (including the Gulf of Mexico) or 
                international waters;
                    ``(H) its likely need to respond to acts of 
                terrorism occurring in nearby jurisdictions;
                    ``(I) the extent to which it has unmet 
                target capabilities;
                    ``(J) in the case of a high-risk urban 
                area, the extent to which that high-risk urban 
                area includes--
                            ``(i) those incorporated 
                        municipalities, counties, parishes, and 
                        Indian tribes within the relevant 
                        eligible metropolitan area, the 
                        inclusion of which will enhance 
                        regional efforts to prevent, prepare 
                        for, protect against, and respond to 
                        acts of terrorism; and
                            ``(ii) other local and tribal 
                        governments in the surrounding area 
                        that are likely to be called upon to 
                        respond to acts of terrorism within the 
                        high-risk urban area; and
                    ``(K) such other factors as are specified 
                in writing by the Administrator; and
            ``(2) the anticipated effectiveness of the proposed 
        use of the grant by the State or high-risk urban area 
        in increasing the ability of that State or high-risk 
        urban area to prevent, prepare for, protect against, 
        and respond to acts of terrorism, to meet its target 
        capabilities, and to otherwise reduce the overall risk 
        to the high-risk urban area, the State, or the Nation.
    ``(b) Types of Threat.--In assessing threat under this 
section, the Administrator shall consider the following types 
of threat to critical infrastructure sectors and to populations 
in all areas of the United States, urban and rural:
            ``(1) Biological.
            ``(2) Chemical.
            ``(3) Cyber.
            ``(4) Explosives.
            ``(5) Incendiary.
            ``(6) Nuclear.
            ``(7) Radiological.
            ``(8) Suicide bombers.
            ``(9) Such other types of threat determined 
        relevant by the Administrator.

``SEC. 2008. USE OF FUNDS.

    ``(a) Permitted Uses.--Grants awarded under section 2003 or 
2004 may be used to achieve target capabilities related to 
preventing, preparing for, protecting against, and responding 
to acts of terrorism, consistent with a State homeland security 
plan and relevant local, tribal, and regional homeland security 
plans, through--
            ``(1) developing and enhancing homeland security, 
        emergency management, or other relevant plans, 
        assessments, or mutual aid agreements;
            ``(2) designing, conducting, and evaluating 
        training and exercises, including training and 
        exercises conducted under section 512 of this Act and 
        section 648 of the Post-Katrina Emergency Management 
        Reform Act of 2006 (6 U.S.C. 748);
            ``(3) protecting a system or asset included on the 
        prioritized critical infrastructure list established 
        under section 210E(a)(2);
            ``(4) purchasing, upgrading, storing, or 
        maintaining equipment, including computer hardware and 
        software;
            ``(5) ensuring operability and achieving 
        interoperability of emergency communications;
            ``(6) responding to an increase in the threat level 
        under the Homeland Security Advisory System, or to the 
        needs resulting from a National Special Security Event;
            ``(7) establishing, enhancing, and staffing with 
        appropriately qualified personnel State, local, and 
        regional fusion centers that comply with the guidelines 
        established under section 210A(i);
            ``(8) enhancing school preparedness;
            ``(9) supporting public safety answering points;
            ``(10) paying salaries and benefits for personnel, 
        including individuals employed by the grant recipient 
        on the date of the relevant grant application, to serve 
        as qualified intelligence analysts;
            ``(11) paying expenses directly related to 
        administration of the grant, except that such expenses 
        may not exceed 3 percent of the amount of the grant;
            ``(12) any activity permitted under the Fiscal Year 
        2007 Program Guidance of the Department for the State 
        Homeland Security Grant Program, the Urban Area 
        Security Initiative (including activities permitted 
        under the full-time counterterrorism staffing pilot), 
        or the Law Enforcement Terrorism Prevention Program; 
        and
            ``(13) any other appropriate activity, as 
        determined by the Administrator.
    ``(b) Limitations on Use of Funds.--
            ``(1) In general.--Funds provided under section 
        2003 or 2004 may not be used--
                    ``(A) to supplant State or local funds, 
                except that nothing in this paragraph shall 
                prohibit the use of grant funds provided to a 
                State or high-risk urban area for otherwise 
                permissible uses under subsection (a) on the 
                basis that a State or high-risk urban area has 
                previously used State or local funds to support 
                the same or similar uses; or
                    ``(B) for any State or local government 
                cost-sharing contribution.
            ``(2) Personnel.--
                    ``(A) In general.--Not more than 50 percent 
                of the amount awarded to a grant recipient 
                under section 2003 or 2004 in any fiscal year 
                may be used to pay for personnel, including 
                overtime and backfill costs, in support of the 
                permitted uses under subsection (a).
                    ``(B) Waiver.--At the request of the 
                recipient of a grant under section 2003 or 
                2004, the Administrator may grant a waiver of 
                the limitation under subparagraph (A).
            ``(3) Construction.--
                    ``(A) In general.--A grant awarded under 
                section 2003 or 2004 may not be used to acquire 
                land or to construct buildings or other 
                physical facilities.
                    ``(B) Exceptions.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), nothing in this 
                        paragraph shall prohibit the use of a 
                        grant awarded under section 2003 or 
                        2004 to achieve target capabilities 
                        related to preventing, preparing for, 
                        protecting against, or responding to 
                        acts of terrorism, including through 
                        the alteration or remodeling of 
                        existing buildings for the purpose of 
                        making such buildings secure against 
                        acts of terrorism.
                            ``(ii) Requirements for 
                        exception.--No grant awarded under 
                        section 2003 or 2004 may be used for a 
                        purpose described in clause (i) 
                        unless--
                                    ``(I) specifically approved 
                                by the Administrator;
                                    ``(II) any construction 
                                work occurs under terms and 
                                conditions consistent with the 
                                requirements under section 
                                611(j)(9) of the Robert T. 
                                Stafford Disaster Relief and 
                                Emergency Assistance Act (42 
                                U.S.C. 5196(j)(9)); and
                                    ``(III) the amount 
                                allocated for purposes under 
                                clause (i) does not exceed the 
                                greater of $1,000,000 or 15 
                                percent of the grant award.
            ``(4) Recreation.--Grants awarded under this 
        subtitle may not be used for recreational or social 
        purposes.
    ``(c) Multiple-Purpose Funds.--Nothing in this subtitle 
shall be construed to prohibit State, local, or tribal 
governments from using grant funds under sections 2003 and 2004 
in a manner that enhances preparedness for disasters unrelated 
to acts of terrorism, if such use assists such governments in 
achieving target capabilities related to preventing, preparing 
for, protecting against, or responding to acts of terrorism.
    ``(d) Reimbursement of Costs.--
            ``(1) Paid-on-call or volunteer reimbursement.--In 
        addition to the activities described in subsection (a), 
        a grant under section 2003 or 2004 may be used to 
        provide a reasonable stipend to paid-on-call or 
        volunteer emergency response providers who are not 
        otherwise compensated for travel to or participation in 
        training or exercises related to the purposes of this 
        subtitle. Any such reimbursement shall not be 
        considered compensation for purposes of rendering an 
        emergency response provider an employee under the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
            ``(2) Performance of federal duty.--An applicant 
        for a grant under section 2003 or 2004 may petition the 
        Administrator to use the funds from its grants under 
        those sections for the reimbursement of the cost of any 
        activity relating to preventing, preparing for, 
        protecting against, or responding to acts of terrorism 
        that is a Federal duty and usually performed by a 
        Federal agency, and that is being performed by a State 
        or local government under agreement with a Federal 
        agency.
    ``(e) Flexibility in Unspent Homeland Security Grant 
Funds.--Upon request by the recipient of a grant under section 
2003 or 2004, the Administrator may authorize the grant 
recipient to transfer all or part of the grant funds from uses 
specified in the grant agreement to other uses authorized under 
this section, if the Administrator determines that such 
transfer is in the interests of homeland security.
    ``(f) Equipment Standards.--If an applicant for a grant 
under section 2003 or 2004 proposes to upgrade or purchase, 
with assistance provided under that grant, new equipment or 
systems that do not meet or exceed any applicable national 
voluntary consensus standards developed under section 647 of 
the Post-Katrina Emergency Management Reform Act of 2006 (6 
U.S.C. 747), the applicant shall include in its application an 
explanation of why such equipment or systems will serve the 
needs of the applicant better than equipment or systems that 
meet or exceed such standards.

                  ``Subtitle B--Grants Administration

``SEC. 2021. ADMINISTRATION AND COORDINATION.

    ``(a) Regional Coordination.--The Administrator shall 
ensure that--
            ``(1) all recipients of grants administered by the 
        Department to prevent, prepare for, protect against, or 
        respond to natural disasters, acts of terrorism, or 
        other man-made disasters (excluding assistance provided 
        under section 203, title IV, or title V of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) 
        coordinate, as appropriate, their prevention, 
        preparedness, and protection efforts with neighboring 
        State, local, and tribal governments; and
            ``(2) all high-risk urban areas and other 
        recipients of grants administered by the Department to 
        prevent, prepare for, protect against, or respond to 
        natural disasters, acts of terrorism, or other man-made 
        disasters (excluding assistance provided under section 
        203, title IV, or title V of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5133, 5170 et seq., and 5191 et seq.)) that include or 
        substantially affect parts or all of more than 1 State 
        coordinate, as appropriate, across State boundaries, 
        including, where appropriate, through the use of 
        regional working groups and requirements for regional 
        plans.
    ``(b) Planning Committees.--
            ``(1) In general.--Any State or high-risk urban 
        area receiving a grant under section 2003 or 2004 shall 
        establish a planning committee to assist in preparation 
        and revision of the State, regional, or local homeland 
        security plan and to assist in determining effective 
        funding priorities for grants under sections 2003 and 
        2004.
            ``(2) Composition.--
                    ``(A) In general.--The planning committee 
                shall include representatives of significant 
                stakeholders, including--
                            ``(i) local and tribal government 
                        officials; and
                            ``(ii) emergency response 
                        providers, which shall include 
                        representatives of the fire service, 
                        law enforcement, emergency medical 
                        response, and emergency managers.
                    ``(B) Geographic representation.--The 
                members of the planning committee shall be a 
                representative group of individuals from the 
                counties, cities, towns, and Indian tribes 
                within the State or high-risk urban area, 
                including, as appropriate, representatives of 
                rural, high-population, and high-threat 
                jurisdictions.
            ``(3) Existing planning committees.--Nothing in 
        this subsection may be construed to require that any 
        State or high-risk urban area create a planning 
        committee if that State or high-risk urban area has 
        established and uses a multijurisdictional planning 
        committee or commission that meets the requirements of 
        this subsection.
    ``(c) Interagency Coordination.--
            ``(1) In general.--Not later than 12 months after 
        the date of enactment of the Implementing 
        Recommendations of the 
        9/11 Commission Act of 2007, the Secretary (acting 
        through the Administrator), the Attorney General, the 
        Secretary of Health and Human Services, and the heads 
        of other agencies providing assistance to State, local, 
        and tribal governments for preventing, preparing for, 
        protecting against, and responding to natural 
        disasters, acts of terrorism, and other man-made 
        disasters, shall jointly--
                    ``(A) compile a comprehensive list of 
                Federal grant programs for State, local, and 
                tribal governments for preventing, preparing 
                for, protecting against, and responding to 
                natural disasters, acts of terrorism, and other 
                man-made disasters;
                    ``(B) compile the planning, reporting, 
                application, and other requirements and 
                guidance for the grant programs described in 
                subparagraph (A);
                    ``(C) develop recommendations, as 
                appropriate, to--
                            ``(i) eliminate redundant and 
                        duplicative requirements for State, 
                        local, and tribal governments, 
                        including onerous application and 
                        ongoing reporting requirements;
                            ``(ii) ensure accountability of the 
                        programs to the intended purposes of 
                        such programs;
                            ``(iii) coordinate allocation of 
                        grant funds to avoid duplicative or 
                        inconsistent purchases by the 
                        recipients;
                            ``(iv) make the programs more 
                        accessible and user friendly to 
                        applicants; and
                            ``(v) ensure the programs are 
                        coordinated to enhance the overall 
                        preparedness of the Nation;
                    ``(D) submit the information and 
                recommendations under subparagraphs (A), (B), 
                and (C) to the appropriate committees of 
                Congress; and
                    ``(E) provide the appropriate committees of 
                Congress, the Comptroller General, and any 
                officer or employee of the Government 
                Accountability Office with full access to any 
                information collected or reviewed in preparing 
                the submission under subparagraph (D).
            ``(2) Scope of task.--Nothing in this subsection 
        shall authorize the elimination, or the alteration of 
        the purposes, as delineated by statute, regulation, or 
        guidance, of any grant program that exists on the date 
        of the enactment of the Implementing Recommendations of 
        the 9/11 Commission Act of 2007, nor authorize the 
        review or preparation of proposals on the elimination, 
        or the alteration of such purposes, of any such grant 
        program.
    ``(d) Sense of Congress.--It is the sense of Congress that, 
in order to ensure that the Nation is most effectively able to 
prevent, prepare for, protect against, and respond to all 
hazards, including natural disasters, acts of terrorism, and 
other man-made disasters--
            ``(1) the Department should administer a coherent 
        and coordinated system of both terrorism-focused and 
        all-hazards grants;
            ``(2) there should be a continuing and appropriate 
        balance between funding for terrorism-focused and all-
        hazards preparedness, as reflected in the 
        authorizations of appropriations for grants under the 
        amendments made by titles I and II, as applicable, of 
        the Implementing Recommendations of the 9/11 Commission 
        Act of 2007; and
            ``(3) with respect to terrorism-focused grants, it 
        is necessary to ensure both that the target 
        capabilities of the highest risk areas are achieved 
        quickly and that basic levels of preparedness, as 
        measured by the attainment of target capabilities, are 
        achieved nationwide.

``SEC. 2022. ACCOUNTABILITY.

    ``(a) Audits of Grant Programs.--
            ``(1) Compliance requirements.--
                    ``(A) Audit requirement.--Each recipient of 
                a grant administered by the Department that 
                expends not less than $500,000 in Federal funds 
                during its fiscal year shall submit to the 
                Administrator a copy of the organization-wide 
                financial and compliance audit report required 
                under chapter 75 of title 31, United States 
                Code.
                    ``(B) Access to information.--The 
                Department and each recipient of a grant 
                administered by the Department shall provide 
                the Comptroller General and any officer or 
                employee of the Government Accountability 
                Office with full access to information 
                regarding the activities carried out related to 
                any grant administered by the Department.
                    ``(C) Improper payments.--Consistent with 
                the Improper Payments Information Act of 2002 
                (31 U.S.C. 3321 note), for each of the grant 
                programs under sections 2003 and 2004 of this 
                title and section 662 of the Post-Katrina 
                Emergency Management Reform Act of 2006 (6 
                U.S.C. 762), the Administrator shall specify 
                policies and procedures for--
                            ``(i) identifying activities funded 
                        under any such grant program that are 
                        susceptible to significant improper 
                        payments; and
                            ``(ii) reporting any improper 
                        payments to the Department.
            ``(2) Agency program review.--
                    ``(A) In general.--Not less than once every 
                2 years, the Administrator shall conduct, for 
                each State and high-risk urban area receiving a 
                grant administered by the Department, a 
                programmatic and financial review of all grants 
                awarded by the Department to prevent, prepare 
                for, protect against, or respond to natural 
                disasters, acts of terrorism, or other man-made 
                disasters, excluding assistance provided under 
                section 203, title IV, or title V of the Robert 
                T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5133, 5170 et seq., 
                and 5191 et seq.).
                    ``(B) Contents.--Each review under 
                subparagraph (A) shall, at a minimum, examine--
                            ``(i) whether the funds awarded 
                        were used in accordance with the law, 
                        program guidance, and State homeland 
                        security plans or other applicable 
                        plans; and
                            ``(ii) the extent to which funds 
                        awarded enhanced the ability of a 
                        grantee to prevent, prepare for, 
                        protect against, and respond to natural 
                        disasters, acts of terrorism, and other 
                        man-made disasters.
                    ``(C) Authorization of appropriations.--In 
                addition to any other amounts authorized to be 
                appropriated to the Administrator, there are 
                authorized to be appropriated to the 
                Administrator for reviews under this 
                paragraph--
                            ``(i) $8,000,000 for each of fiscal 
                        years 2008, 2009, and 2010; and
                            ``(ii) such sums as are necessary 
                        for fiscal year 2011, and each fiscal 
                        year thereafter.
            ``(3) Office of inspector general performance 
        audits.--
                    ``(A) In general.--In order to ensure the 
                effective and appropriate use of grants 
                administered by the Department, the Inspector 
                General of the Department each year shall 
                conduct audits of a sample of States and high-
                risk urban areas that receive grants 
                administered by the Department to prevent, 
                prepare for, protect against, or respond to 
                natural disasters, acts of terrorism, or other 
                man-made disasters, excluding assistance 
                provided under section 203, title IV, or title 
                V of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5133, 5170 
                et seq., and 5191 et seq.).
                    ``(B) Determining samples.--The sample 
                selected for audits under subparagraph (A) 
                shall be--
                            ``(i) of an appropriate size to--
                                    ``(I) assess the overall 
                                integrity of the grant programs 
                                described in subparagraph (A); 
                                and
                                    ``(II) act as a deterrent 
                                to financial mismanagement; and
                            ``(ii) selected based on--
                                    ``(I) the size of the 
                                grants awarded to the 
                                recipient;
                                    ``(II) the past grant 
                                management performance of the 
                                recipient;
                                    ``(III) concerns identified 
                                by the Administrator, including 
                                referrals from the 
                                Administrator; and
                                    ``(IV) such other factors 
                                as determined by the Inspector 
                                General of the Department.
                    ``(C) Comprehensive auditing.--During the 
                7-year period beginning on the date of 
                enactment of the Implementing Recommendations 
                of the 9/11 Commission Act of 2007, the 
                Inspector General of the Department shall 
                conduct not fewer than 1 audit of each State 
                that receives funds under a grant under section 
                2003 or 2004.
                    ``(D) Report by the inspector general.--
                            ``(i) In general.--The Inspector 
                        General of the Department shall submit 
                        to the appropriate committees of 
                        Congress an annual consolidated report 
                        regarding the audits completed during 
                        the fiscal year before the date of that 
                        report.
                            ``(ii) Contents.--Each report 
                        submitted under clause (i) shall 
                        describe, for the fiscal year before 
                        the date of that report--
                                    ``(I) the audits conducted 
                                under subparagraph (A);
                                    ``(II) the findings of the 
                                Inspector General with respect 
                                to the audits conducted under 
                                subparagraph (A);
                                    ``(III) whether the funds 
                                awarded were used in accordance 
                                with the law, program guidance, 
                                and State homeland security 
                                plans and other applicable 
                                plans; and
                                    ``(IV) the extent to which 
                                funds awarded enhanced the 
                                ability of a grantee to 
                                prevent, prepare for, protect 
                                against, and respond to natural 
                                disasters, acts of terrorism 
                                and other man-made disasters.
                            ``(iii) Deadline.--For each year, 
                        the report required under clause (i) 
                        shall be submitted not later than 
                        December 31.
                    ``(E) Public availability on website.--The 
                Inspector General of the Department shall make 
                each audit conducted under subparagraph (A) 
                available on the website of the Inspector 
                General, subject to redaction as the Inspector 
                General determines necessary to protect 
                classified and other sensitive information.
                    ``(F) Provision of information to 
                administrator.--The Inspector General of the 
                Department shall provide to the Administrator 
                any findings and recommendations from audits 
                conducted under subparagraph (A).
                    ``(G) Evaluation of grants management and 
                oversight.--Not later than 1 year after the 
                date of enactment of the Implementing 
                Recommendations of the 9/11 Commission Act of 
                2007, the Inspector General of the Department 
                shall review and evaluate the grants management 
                and oversight practices of the Federal 
                Emergency Management Agency, including 
                assessment of and recommendations relating to--
                            ``(i) the skills, resources, and 
                        capabilities of the workforce; and
                            ``(ii) any additional resources and 
                        staff necessary to carry out such 
                        management and oversight.
                    ``(H) Authorization of appropriations.--In 
                addition to any other amounts authorized to be 
                appropriated to the Inspector General of the 
                Department, there are authorized to be 
                appropriated to the Inspector General of the 
                Department for audits under subparagraph (A)--
                            ``(i) $8,500,000 for each of fiscal 
                        years 2008, 2009, and 2010; and
                            ``(ii) such sums as are necessary 
                        for fiscal year 2011, and each fiscal 
                        year thereafter.
            ``(4) Performance assessment.--In order to ensure 
        that States and high-risk urban areas are using grants 
        administered by the Department appropriately to meet 
        target capabilities and preparedness priorities, the 
        Administrator shall--
                    ``(A) ensure that any such State or high-
                risk urban area conducts or participates in 
                exercises under section 648(b) of the Post-
                Katrina Emergency Management Reform Act of 2006 
                (6 U.S.C. 748(b));
                    ``(B) use performance metrics in accordance 
                with the comprehensive assessment system under 
                section 649 of the Post-Katrina Emergency 
                Management Reform Act of 2006 (6 U.S.C. 749) 
                and ensure that any such State or high-risk 
                urban area regularly tests its progress against 
                such metrics through the exercises required 
                under subparagraph (A);
                    ``(C) use the remedial action management 
                program under section 650 of the Post-Katrina 
                Emergency Management Reform Act of 2006 (6 
                U.S.C. 750); and
                    ``(D) ensure that each State receiving a 
                grant administered by the Department submits a 
                report to the Administrator on its level of 
                preparedness, as required by section 652(c) of 
                the Post-Katrina Emergency Management Reform 
                Act of 2006 (6 U.S.C. 752(c)).
            ``(5) Consideration of assessments.--In conducting 
        program reviews and performance audits under paragraphs 
        (2) and (3), the Administrator and the Inspector 
        General of the Department shall take into account the 
        performance assessment elements required under 
        paragraph (4).
            ``(6) Recovery audits.--The Administrator shall 
        conduct a recovery audit (as that term is defined by 
        the Director of the Office of Management and Budget 
        under section 3561 of title 31, United States Code) for 
        any grant administered by the Department with a total 
        value of not less than $1,000,000, if the Administrator 
        finds that--
                    ``(A) a financial audit has identified 
                improper payments that can be recouped; and
                    ``(B) it is cost effective to conduct a 
                recovery audit to recapture the targeted funds.
            ``(7) Remedies for noncompliance.--
                    ``(A) In general.--If, as a result of a 
                review or audit under this subsection or 
                otherwise, the Administrator finds that a 
                recipient of a grant under this title has 
                failed to substantially comply with any 
                provision of law or with any regulations or 
                guidelines of the Department regarding eligible 
                expenditures, the Administrator shall--
                            ``(i) reduce the amount of payment 
                        of grant funds to the recipient by an 
                        amount equal to the amount of grants 
                        funds that were not properly expended 
                        by the recipient;
                            ``(ii) limit the use of grant funds 
                        to programs, projects, or activities 
                        not affected by the failure to comply;
                            ``(iii) refer the matter to the 
                        Inspector General of the Department for 
                        further investigation;
                            ``(iv) terminate any payment of 
                        grant funds to be made to the 
                        recipient; or
                            ``(v) take such other action as the 
                        Administrator determines appropriate.
                    ``(B) Duration of penalty.--The 
                Administrator shall apply an appropriate 
                penalty under subparagraph (A) until such time 
                as the Administrator determines that the grant 
                recipient is in full compliance with the law 
                and with applicable guidelines or regulations 
                of the Department.
    ``(b) Reports by Grant Recipients.--
            ``(1) Quarterly reports on homeland security 
        spending.--
                    ``(A) In general.--As a condition of 
                receiving a grant under section 2003 or 2004, a 
                State, high-risk urban area, or directly 
                eligible tribe shall, not later than 30 days 
                after the end of each Federal fiscal quarter, 
                submit to the Administrator a report on 
                activities performed using grant funds during 
                that fiscal quarter.
                    ``(B) Contents.--Each report submitted 
                under subparagraph (A) shall at a minimum 
                include, for the applicable State, high-risk 
                urban area, or directly eligible tribe, and 
                each subgrantee thereof--
                            ``(i) the amount obligated to that 
                        recipient under section 2003 or 2004 in 
                        that quarter;
                            ``(ii) the amount of funds received 
                        and expended under section 2003 or 2004 
                        by that recipient in that quarter; and
                            ``(iii) a summary description of 
                        expenditures made by that recipient 
                        using such funds, and the purposes for 
                        which such expenditures were made.
                    ``(C) End-of-year report.--The report 
                submitted under subparagraph (A) by a State, 
                high-risk urban area, or directly eligible 
                tribe relating to the last quarter of any 
                fiscal year shall include--
                            ``(i) the amount and date of 
                        receipt of all funds received under the 
                        grant during that fiscal year;
                            ``(ii) the identity of, and amount 
                        provided to, any subgrantee for that 
                        grant during that fiscal year;
                            ``(iii) the amount and the dates of 
                        disbursements of all such funds 
                        expended in compliance with section 
                        2021(a)(1) or under mutual aid 
                        agreements or other sharing 
                        arrangements that apply within the 
                        State, high-risk urban area, or 
                        directly eligible tribe, as applicable, 
                        during that fiscal year; and
                            ``(iv) how the funds were used by 
                        each recipient or subgrantee during 
                        that fiscal year.
            ``(2) Annual report.--Any State applying for a 
        grant under section 2004 shall submit to the 
        Administrator annually a State preparedness report, as 
        required by section 652(c) of the Post-Katrina 
        Emergency Management Reform Act of 2006 (6 U.S.C. 
        752(c)).
    ``(c) Reports by the Administrator.--
            ``(1) Federal preparedness report.--The 
        Administrator shall submit to the appropriate 
        committees of Congress annually the Federal 
        Preparedness Report required under section 652(a) of 
        the Post-Katrina Emergency Management Reform Act of 
        2006 (6 U.S.C. 752(a)).
            ``(2) Risk assessment.--
                    ``(A) In general.--For each fiscal year, 
                the Administrator shall provide to the 
                appropriate committees of Congress a detailed 
                and comprehensive explanation of the 
                methodologies used to calculate risk and 
                compute the allocation of funds for grants 
                administered by the Department, including--
                            ``(i) all variables included in the 
                        risk assessment and the weights 
                        assigned to each such variable;
                            ``(ii) an explanation of how each 
                        such variable, as weighted, correlates 
                        to risk, and the basis for concluding 
                        there is such a correlation; and
                            ``(iii) any change in the 
                        methodologies from the previous fiscal 
                        year, including changes in variables 
                        considered, weighting of those 
                        variables, and computational methods.
                    ``(B) Classified annex.--The information 
                required under subparagraph (A) shall be 
                provided in unclassified form to the greatest 
                extent possible, and may include a classified 
                annex if necessary.
                    ``(C) Deadline.--For each fiscal year, the 
                information required under subparagraph (A) 
                shall be provided on the earlier of--
                            ``(i) October 31; or
                            ``(ii) 30 days before the issuance 
                        of any program guidance for grants 
                        administered by the Department.
            ``(3) Tribal funding report.--At the end of each 
        fiscal year, the Administrator shall submit to the 
        appropriate committees of Congress a report setting 
        forth the amount of funding provided during that fiscal 
        year to Indian tribes under any grant program 
        administered by the Department, whether provided 
        directly or through a subgrant from a State or high-
        risk urban area.''.

SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.

    (a) National Advisory Council.--Section 508(b) of the 
Homeland Security Act of 2002 (6 U.S.C. 318(b)) is amended--
            (1) by striking ``The National Advisory'' the first 
        place that term appears and inserting the following:
            ``(1) In general.--The National Advisory''; and
            (2) by adding at the end the following:
            ``(2) Consultation on grants.--To ensure input from 
        and coordination with State, local, and tribal 
        governments and emergency response providers, the 
        Administrator shall regularly consult and work with the 
        National Advisory Council on the administration and 
        assessment of grant programs administered by the 
        Department, including with respect to the development 
        of program guidance and the development and evaluation 
        of risk-assessment methodologies, as appropriate.''.
    (b) Evacuation Planning.--Section 512(b)(5)(A) of the 
Homeland Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is 
amended by inserting ``, including the elderly'' after 
``needs''.

SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGEMENT REFORM 
                    ACT OF 2006.

    (a) Funding Efficacy.--Section 652(a)(2) of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
752(a)(2)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the 
        end;
            (2) in subparagraph (D), by striking the period at 
        the end and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) an evaluation of the extent to which 
                grants administered by the Department, 
                including grants under title XX of the Homeland 
                Security Act of 2002--
                            ``(i) have contributed to the 
                        progress of State, local, and tribal 
                        governments in achieving target 
                        capabilities; and
                            ``(ii) have led to the reduction of 
                        risk from natural disasters, acts of 
                        terrorism, or other man-made disasters 
                        nationally and in State, local, and 
                        tribal jurisdictions.''.
    (b) State Preparedness Report.--Section 652(c)(2)(D) of the 
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
752(c)(2)(D)) is amended by striking ``an assessment of 
resource needs'' and inserting ``a discussion of the extent to 
which target capabilities identified in the applicable State 
homeland security plan and other applicable plans remain unmet 
and an assessment of resources needed''.

SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) In General.--The Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) is amended--
            (1) by redesignating title XVIII, as added by the 
        SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as 
        title XIX;
            (2) by redesignating sections 1801 through 1806, as 
        added by the SAFE Port Act (Public Law 109-347; 120 
        Stat. 1884), as sections 1901 through 1906, 
        respectively;
            (3) in section 1904(a), as so redesignated, by 
        striking ``section 1802'' and inserting ``section 
        1902'';
            (4) in section 1906, as so redesignated, by 
        striking ``section 1802(a)'' each place that term 
        appears and inserting ``section 1902(a)''; and
            (5) in the table of contents in section 1(b), by 
        striking the items relating to title XVIII and sections 
        1801 through 1806, as added by the SAFE Port Act 
        (Public Law 109-347; 120 Stat. 1884), and inserting the 
        following:

             ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

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

                  ``TITLE XX--HOMELAND SECURITY GRANTS

``Sec. 2001. Definitions.

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

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

                   ``Subtitle B--Grants Administration

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

           TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.

    Section 662 of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 762) is amended to read as follows:

``SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

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

SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.

    Section 614 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5196c) is amended to read 
as follows:

``SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.

    ``(a) Grants.--The Administrator of the Federal Emergency 
Management Agency may make grants to States under this title 
for equipping, upgrading, and constructing State and local 
emergency operations centers.
    ``(b) Federal Share.--Notwithstanding any other provision 
of this title, the Federal share of the cost of an activity 
carried out using amounts from grants made under this section 
shall not exceed 75 percent.''.

     TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST 
                               RESPONDERS

SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.

    (a) Establishment.--Title XVIII of the Homeland Security 
Act of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the 
end the following new section:

``SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.

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

``Sec. 1809. Interoperable Emergency Communications Grant Program.''.
    (c) Interoperable Communications Plans.--Section 7303 of 
the Intelligence Reform and Terrorist Prevention Act of 2004 (6 
U.S.C. 194) is amended--
            (1) in subsection (f)--
                    (A) in paragraph (4), by striking ``and'' 
                at the end;
                    (B) in paragraph (5), by striking the 
                period at the end and inserting a semicolon; 
                and
                    (C) by adding at the end the following:
            ``(6) include information on the governance 
        structure used to develop the plan, including such 
        information about all agencies and organizations that 
        participated in developing the plan and the scope and 
        timeframe of the plan; and
            ``(7) describe the method by which multi-
        jurisdictional, multidisciplinary input is provided 
        from all regions of the jurisdiction, including any 
        high-threat urban areas located in the jurisdiction, 
        and the process for continuing to incorporate such 
        input.'';
            (2) in subsection (g)(1), by striking ``or video'' 
        and inserting ``and video''.
    (d) National Emergency Communications Plan.--Section 
1802(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) 
is amended--
            (1) in paragraph (8), by striking ``and'' at the 
        end;
            (2) in paragraph (9), by striking the period at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) set a date, including interim benchmarks, as 
        appropriate, by which State, local, and tribal 
        governments, Federal departments and agencies, and 
        emergency response providers expect to achieve a 
        baseline level of national interoperable 
        communications, as that term is defined under section 
        7303(g)(1) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(g)(1)).''.

SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

    (a) In General.--Title XVIII of the Homeland Security Act 
of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end 
the following new section:

``SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

    ``(a) In General.--
            ``(1) Establishment.--The Secretary, acting through 
        the Director of the Office of Emergency Communications 
        (referred to in this section as the `Director'), and in 
        coordination with the Federal Communications Commission 
        and the Secretary of Commerce, shall establish an 
        International Border Community Interoperable 
        Communications Demonstration Project (referred to in 
        this section as the `demonstration project').
            ``(2) Minimum number of communities.--The Director 
        shall select no fewer than 6 communities to participate 
        in a demonstration project.
            ``(3) Location of communities.--No fewer than 3 of 
        the communities selected under paragraph (2) shall be 
        located on the northern border of the United States and 
        no fewer than 3 of the communities selected under 
        paragraph (2) shall be located on the southern border 
        of the United States.
    ``(b) Conditions.--The Director, in coordination with the 
Federal Communications Commission and the Secretary of 
Commerce, shall ensure that the project is carried out as soon 
as adequate spectrum is available as a result of the 800 
megahertz rebanding process in border areas, and shall ensure 
that the border projects do not impair or impede the rebanding 
process, but under no circumstances shall funds be distributed 
under this section unless the Federal Communications Commission 
and the Secretary of Commerce agree that these conditions have 
been met.
    ``(c) Program Requirements.--Consistent with the 
responsibilities of the Office of Emergency Communications 
under section 1801, the Director shall foster local, tribal, 
State, and Federal interoperable emergency communications, as 
well as interoperable emergency communications with appropriate 
Canadian and Mexican authorities in the communities selected 
for the demonstration project. The Director shall--
            ``(1) identify solutions to facilitate 
        interoperable communications across national borders 
        expeditiously;
            ``(2) help ensure that emergency response providers 
        can communicate with each other in the event of natural 
        disasters, acts of terrorism, and other man-made 
        disasters;
            ``(3) provide technical assistance to enable 
        emergency response providers to deal with threats and 
        contingencies in a variety of environments;
            ``(4) identify appropriate joint-use equipment to 
        ensure communications access;
            ``(5) identify solutions to facilitate 
        communications between emergency response providers in 
        communities of differing population densities; and
            ``(6) take other actions or provide equipment as 
        the Director deems appropriate to foster interoperable 
        emergency communications.
    ``(d) Distribution of Funds.--
            ``(1) In general.--The Secretary shall distribute 
        funds under this section to each community 
        participating in the demonstration project through the 
        State, or States, in which each community is located.
            ``(2) Other participants.--A State shall make the 
        funds available promptly to the local and tribal 
        governments and emergency response providers selected 
        by the Secretary to participate in the demonstration 
        project.
            ``(3) Report.--Not later than 90 days after a State 
        receives funds under this subsection the State shall 
        report to the Director on the status of the 
        distribution of such funds to local and tribal 
        governments.
    ``(e) Maximum Period of Grants.--The Director may not fund 
any participant under the demonstration project for more than 3 
years.
    ``(f) Transfer of Information and Knowledge.--The Director 
shall establish mechanisms to ensure that the information and 
knowledge gained by participants in the demonstration project 
are transferred among the participants and to other interested 
parties, including other communities that submitted 
applications to the participant in the project.
    ``(g) Authorization of Appropriations.--There is authorized 
to be appropriated for grants under this section such sums as 
may be necessary.''.
    (b) Clerical Amendment.--The table of contents in section 
1(b) of that Act is amended by inserting after the item 
relating to section 1809 the following:

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

       TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

SEC. 401. DEFINITIONS.

    (a) In General.--Section 501 of the Homeland Security Act 
of 2002 (6 U.S.C. 311) is amended--
            (1) by redesignating paragraphs (10) and (11) as 
        paragraphs (12) and (13), respectively;
            (2) by redesignating paragraphs (4) through (9) as 
        paragraphs (5) through (10), respectively;
            (3) by inserting after paragraph (3) the following:
            ``(4) the terms `credentialed' and `credentialing' 
        mean having provided, or providing, respectively, 
        documentation that identifies personnel and 
        authenticates and verifies the qualifications of such 
        personnel by ensuring that such personnel possess a 
        minimum common level of training, experience, physical 
        and medical fitness, and capability appropriate for a 
        particular position in accordance with standards 
        created under section 510;'';
            (4) by inserting after paragraph (10), as so 
        redesignated, the following:
            ``(11) the term `resources' means personnel and 
        major items of equipment, supplies, and facilities 
        available or potentially available for responding to a 
        natural disaster, act of terrorism, or other man-made 
        disaster;'';
            (5) in paragraph (12), as so redesignated, by 
        striking ``and'' at the end;
            (6) in paragraph (13), as so redesignated, by 
        striking the period at the end and inserting ``; and''; 
        and
            (7) by adding at the end the following:
            ``(14) the terms `typed' and `typing' mean having 
        evaluated, or evaluating, respectively, a resource in 
        accordance with standards created under section 510.''.
    (b) Technical and Conforming Amendments.--Section 641 of 
the Post-Katrina Emergency Management Reform Act of 2006 (6 
U.S.C. 741) is amended--
            (1) by redesignating paragraphs (2) through (10) as 
        paragraphs (3) through (11), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Credentialed; credentialing.--The terms 
        `credentialed' and `credentialing' have the meanings 
        given those terms in section 501 of the Homeland 
        Security Act of 2002 (6 U.S.C. 311).''; and
            (3) by adding at the end the following:
            ``(12) Resources.--The term `resources' has the 
        meaning given that term in section 501 of the Homeland 
        Security Act of 2002 (6 U.S.C. 311).
            ``(13) Type.--The term `type' means a 
        classification of resources that refers to the 
        capability of a resource.
            ``(14) Typed; typing.--The terms `typed' and 
        `typing' have the meanings given those terms in section 
        501 of the Homeland Security Act of 2002 (6 U.S.C. 
        311).''.

SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN.

    Section 648(b)(2)(A) of the Post-Katrina Emergency 
Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is 
amended by striking clauses (iv) and (v) and inserting the 
following:
                            ``(iv) designed to provide for the 
                        systematic evaluation of readiness and 
                        enhance operational understanding of 
                        the incident command system and 
                        relevant mutual aid agreements;
                            ``(v) designed to address the 
                        unique requirements of populations with 
                        special needs, including the elderly; 
                        and
                            ``(vi) designed to promptly develop 
                        after-action reports and plans for 
                        quickly incorporating lessons learned 
                        into future operations; and''.

SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.

    Section 648(b)(2)(B) of the Post-Katrina Emergency 
Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(B)) is 
amended by striking ``shall provide'' and all that follows 
through ``of exercises'' and inserting the following: ``shall 
include a selection of model exercises that State, local, and 
tribal governments can readily adapt for use and provide 
assistance to State, local, and tribal governments with the 
design, implementation, and evaluation of exercises (whether a 
model exercise program or an exercise designed locally)''.

SEC. 404. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL FACILITIES 
                    TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR 
                    PREPAREDNESS.

    Section 507(c)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 317(c)(2)) is amended--
            (1) in subparagraph (H) by striking ``and'' at the 
        end;
            (2) by redesignating subparagraph (I) as 
        subparagraph (K); and
            (3) by inserting after subparagraph (H) the 
        following:
                    ``(I) coordinating with the private sector 
                to help ensure private sector preparedness for 
                natural disasters, acts of terrorism, and other 
                man-made disasters;
                    ``(J) assisting State, local, and tribal 
                governments, where appropriate, to preidentify 
                and evaluate suitable sites where a 
                multijurisdictional incident command system may 
                quickly be established and operated from, if 
                the need for such a system arises; and''.

SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY.

    Section 651 of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 751) is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), 
                by striking ``The inventory'' and inserting 
                ``For each Federal agency with responsibilities 
                under the National Response Plan, the 
                inventory'';
                    (B) in paragraph (1), by striking ``and'' 
                at the end;
                    (C) by redesignating paragraph (2) as 
                paragraph (4); and
                    (D) by inserting after paragraph (1) the 
                following:
            ``(2) a list of personnel credentialed in 
        accordance with section 510 of the Homeland Security 
        Act of 2002 (6 U.S.C. 320);
            ``(3) a list of resources typed in accordance with 
        section 510 of the Homeland Security Act of 2002 (6 
        U.S.C. 320); and''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking 
                ``capabilities, readiness'' and all that 
                follows and inserting the following: ``--
                    ``(A) capabilities;
                    ``(B) readiness;
                    ``(C) the compatibility of equipment;
                    ``(D) credentialed personnel; and
                    ``(E) typed resources;'';
                    (B) in paragraph (2), by inserting ``of 
                capabilities, credentialed personnel, and typed 
                resources'' after ``rapid deployment''; and
                    (C) in paragraph (3), by striking 
                ``inventories'' and inserting ``the inventory 
                described in subsection (a)''.

SEC. 406. REPORTING REQUIREMENTS.

    Section 652(a)(2) of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 752(a)(2)), as amended by section 
103, is further amended--
            (1) in subparagraph (C), by striking ``section 
        651(a);'' and inserting ``section 651, including the 
        number and type of credentialed personnel in each 
        category of personnel trained and ready to respond to a 
        natural disaster, act of terrorism, or other man-made 
        disaster;'';
            (2) in subparagraph (D), by striking ``and'' at the 
        end;
            (3) in subparagraph (E), by striking the period at 
        the end and inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(F) a discussion of whether the list of 
                credentialed personnel of the Agency described 
                in section 651(b)(2)--
                            ``(i) complies with the strategic 
                        human capital plan developed under 
                        section 10102 of title 5, United States 
                        Code; and
                            ``(ii) is sufficient to respond to 
                        a natural disaster, act of terrorism, 
                        or other man-made disaster, including a 
                        catastrophic incident.''.

SEC. 407. FEDERAL PREPAREDNESS.

    Section 653 of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 753) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), 
                by striking ``coordinating, primary, or 
                supporting'';
                    (B) in paragraph (2), by inserting ``, 
                including credentialing of personnel and typing 
                of resources likely needed to respond to a 
                natural disaster, act of terrorism, or other 
                man-made disaster in accordance with section 
                510 of the Homeland Security Act of 2002 (6 
                U.S.C. 320)'' before the semicolon at the end;
                    (C) in paragraph (3), by striking ``and'' 
                at the end;
                    (D) in paragraph (4), by striking the 
                period at the end and inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(5) regularly updates, verifies the accuracy of, 
        and provides to the Administrator the information in 
        the inventory required under section 651.''; and
            (2) in subsection (d)--
                    (A) by inserting ``to the Committee on 
                Homeland Security and Governmental Affairs of 
                the Senate and the Committee on Homeland 
                Security and the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives'' after ``The President shall 
                certify''; and
                    (B) by striking ``coordinating, primary, or 
                supporting''.

SEC. 408. CREDENTIALING AND TYPING.

    Section 510 of the Homeland Security Act of 2002 (6 U.S.C. 
320) is amended--
            (1) by striking ``The Administrator'' and inserting 
        the following:
    ``(a) In General.--The Administrator'';
            (2) in subsection (a), as so designated, by 
        striking ``credentialing of personnel and typing of'' 
        and inserting ``for credentialing and typing of 
        incident management personnel, emergency response 
        providers, and other personnel (including temporary 
        personnel) and''; and
            (3) by adding at the end the following:
    ``(b) Distribution.--
            ``(1) In general.--Not later than 1 year after the 
        date of enactment of the Implementing Recommendations 
        of the 9/11 Commission Act of 2007, the Administrator 
        shall provide the standards developed under subsection 
        (a), including detailed written guidance, to--
                    ``(A) each Federal agency that has 
                responsibilities under the National Response 
                Plan to aid that agency with credentialing and 
                typing incident management personnel, emergency 
                response providers, and other personnel 
                (including temporary personnel) and resources 
                likely needed to respond to a natural disaster, 
                act of terrorism, or other man-made disaster; 
                and
                    ``(B) State, local, and tribal governments, 
                to aid such governments with credentialing and 
                typing of State, local, and tribal incident 
                management personnel, emergency response 
                providers, and other personnel (including 
                temporary personnel) and resources likely 
                needed to respond to a natural disaster, act of 
                terrorism, or other man-made disaster.
            ``(2) Assistance.--The Administrator shall provide 
        expertise and technical assistance to aid Federal, 
        State, local, and tribal government agencies with 
        credentialing and typing incident management personnel, 
        emergency response providers, and other personnel 
        (including temporary personnel) and resources likely 
        needed to respond to a natural disaster, act of 
        terrorism, or other man-made disaster.
    ``(c) Credentialing and Typing of Personnel.--Not later 
than 6 months after receiving the standards provided under 
subsection (b), each Federal agency with responsibilities under 
the National Response Plan shall ensure that incident 
management personnel, emergency response providers, and other 
personnel (including temporary personnel) and resources likely 
needed to respond to a natural disaster, act of terrorism, or 
other manmade disaster are credentialed and typed in accordance 
with this section.
    ``(d) Consultation on Health Care Standards.--In developing 
standards for credentialing health care professionals under 
this section, the Administrator shall consult with the 
Secretary of Health and Human Services.''.

SEC. 409. MODEL STANDARDS AND GUIDELINES FOR CRITICAL INFRASTRUCTURE 
                    WORKERS.

    (a) In General.--Title V of the Homeland Security Act of 
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the 
following:

``SEC. 522. MODEL STANDARDS AND GUIDELINES FOR CRITICAL INFRASTRUCTURE 
                    WORKERS.

    ``(a) In General.--Not later than 12 months after the date 
of enactment of the Implementing Recommendations of the 9/11 
Commission Act of 2007, and in coordination with appropriate 
national professional organizations, Federal, State, local, and 
tribal government agencies, and private-sector and 
nongovernmental entities, the Administrator shall establish 
model standards and guidelines for credentialing critical 
infrastructure workers that may be used by a State to 
credential critical infrastructure workers that may respond to 
a natural disaster, act of terrorism, or other man-made 
disaster.
    ``(b) Distribution and Assistance.--The Administrator shall 
provide the standards developed under subsection (a), including 
detailed written guidance, to State, local, and tribal 
governments, and provide expertise and technical assistance to 
aid such governments with credentialing critical infrastructure 
workers that may respond to a natural disaster, act of 
terrorism, or other manmade disaster.''.
    (b) Technical and Conforming Amendment.--The table of 
contents in section 1(b) of the Homeland Security Act of 2002 
(6 U.S.C. 101(b)) is amended by inserting after the item 
relating to section 521 the following:

``Sec. 522. Model standards and guidelines for critical infrastructure 
          workers.''.

SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as 
necessary to carry out this title and the amendments made by 
this title.

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

     Subtitle A--Homeland Security Information Sharing Enhancement

SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION SHARING.

    (a) Advisory System and Information Sharing.--
            (1) In general.--Subtitle A of title II of the 
        Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is 
        amended by adding at the end the following:

``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

    ``(a) Requirement.--The Secretary shall administer the 
Homeland Security Advisory System in accordance with this 
section to provide advisories or warnings regarding the threat 
or risk that acts of terrorism will be committed on the 
homeland to Federal, State, local, and tribal government 
authorities and to the people of the United States, as 
appropriate. The Secretary shall exercise primary 
responsibility for providing such advisories or warnings.
    ``(b) Required Elements.--In administering the Homeland 
Security Advisory System, the Secretary shall--
            ``(1) establish criteria for the issuance and 
        revocation of such advisories or warnings;
            ``(2) develop a methodology, relying on the 
        criteria established under paragraph (1), for the 
        issuance and revocation of such advisories or warnings;
            ``(3) provide, in each such advisory or warning, 
        specific information and advice regarding appropriate 
        protective measures and countermeasures that may be 
        taken in response to the threat or risk, at the maximum 
        level of detail practicable to enable individuals, 
        government entities, emergency response providers, and 
        the private sector to act appropriately;
            ``(4) whenever possible, limit the scope of each 
        such advisory or warning to a specific region, 
        locality, or economic sector believed to be under 
        threat or at risk; and
            ``(5) not, in issuing any advisory or warning, use 
        color designations as the exclusive means of specifying 
        homeland security threat conditions that are the 
        subject of the advisory or warning.

``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.

    ``(a) Information Sharing.--Consistent with section 1016 of 
the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
U.S.C. 485), the Secretary, acting through the Under Secretary 
for Intelligence and Analysis, shall integrate the information 
and standardize the format of the products of the intelligence 
components of the Department containing homeland security 
information, terrorism information, weapons of mass destruction 
information, or national intelligence (as defined in section 
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))) 
except for any internal security protocols or personnel 
information of such intelligence components, or other 
administrative processes that are administered by any chief 
security officer of the Department.
    ``(b) Information Sharing and Knowledge Management 
Officers.--For each intelligence component of the Department, 
the Secretary shall designate an information sharing and 
knowledge management officer who shall report to the Under 
Secretary for Intelligence and Analysis regarding coordinating 
the different systems used in the Department to gather and 
disseminate homeland security information or national 
intelligence (as defined in section 3(5) of the National 
Security Act of 1947 (50 U.S.C. 401a(5))).
    ``(c) State, Local, and Private-Sector Sources of 
Information.--
            ``(1) Establishment of business processes.--The 
        Secretary, acting through the Under Secretary for 
        Intelligence and Analysis or the Assistant Secretary 
        for Infrastructure Protection, as appropriate, shall--
                    ``(A) establish Department-wide procedures 
                for the review and analysis of information 
                provided by State, local, and tribal 
                governments and the private sector;
                    ``(B) as appropriate, integrate such 
                information into the information gathered by 
                the Department and other departments and 
                agencies of the Federal Government; and
                    ``(C) make available such information, as 
                appropriate, within the Department and to other 
                departments and agencies of the Federal 
                Government.
            ``(2) Feedback.--The Secretary shall develop 
        mechanisms to provide feedback regarding the analysis 
        and utility of information provided by any entity of 
        State, local, or tribal government or the private 
        sector that provides such information to the 
        Department.
    ``(d) Training and Evaluation of Employees.--
            ``(1) Training.--The Secretary, acting through the 
        Under Secretary for Intelligence and Analysis or the 
        Assistant Secretary for Infrastructure Protection, as 
        appropriate, shall provide to employees of the 
        Department opportunities for training and education to 
        develop an understanding of--
                    ``(A) the definitions of homeland security 
                information and national intelligence (as 
                defined in section 3(5) of the National 
                Security Act of 1947 (50 U.S.C. 401a(5))); and
                    ``(B) how information available to such 
                employees as part of their duties--
                            ``(i) might qualify as homeland 
                        security information or national 
                        intelligence; and
                            ``(ii) might be relevant to the 
                        Office of Intelligence and Analysis and 
                        the intelligence components of the 
                        Department.
            ``(2) Evaluations.--The Under Secretary for 
        Intelligence and Analysis shall--
                    ``(A) on an ongoing basis, evaluate how 
                employees of the Office of Intelligence and 
                Analysis and the intelligence components of the 
                Department are utilizing homeland security 
                information or national intelligence, sharing 
                information within the Department, as described 
                in this title, and participating in the 
                information sharing environment established 
                under section 1016 of the Intelligence Reform 
                and Terrorism Prevention Act of 2004 (6 U.S.C. 
                485); and
                    ``(B) provide to the appropriate component 
                heads regular reports regarding the evaluations 
                under subparagraph (A).

``SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE.

    ``(a) Establishment.--The Secretary, acting through the 
Under Secretary for Intelligence and Analysis, shall establish, 
consistent with the policies and procedures developed under 
section 1016 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. 485), and consistent with the 
enterprise architecture of the Department, a comprehensive 
information technology network architecture for the Office of 
Intelligence and Analysis that connects the various databases 
and related information technology assets of the Office of 
Intelligence and Analysis and the intelligence components of 
the Department in order to promote internal information sharing 
among the intelligence and other personnel of the Department.
    ``(b) Comprehensive Information Technology Network 
Architecture Defined.--The term `comprehensive information 
technology network architecture' means an integrated framework 
for evolving or maintaining existing information technology and 
acquiring new information technology to achieve the strategic 
management and information resources management goals of the 
Office of Intelligence and Analysis.

``SEC. 206. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.

    ``(a) Guidance.--All activities to comply with sections 
203, 204, and 205 shall be--
            ``(1) consistent with any policies, guidelines, 
        procedures, instructions, or standards established 
        under section 1016 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 485);
            ``(2) implemented in coordination with, as 
        appropriate, the program manager for the information 
        sharing environment established under that section;
            ``(3) consistent with any applicable guidance 
        issued by the Director of National Intelligence; and
            ``(4) consistent with any applicable guidance 
        issued by the Secretary relating to the protection of 
        law enforcement information or proprietary information.
    ``(b) Consultation.--In carrying out the duties and 
responsibilities under this subtitle, the Under Secretary for 
Intelligence and Analysis shall take into account the views of 
the heads of the intelligence components of the Department.''.
            (2) Technical and conforming amendments.--
                    (A) In general.--Section 201(d) of the 
                Homeland Security Act of 2002 (6 U.S.C. 121(d)) 
                is amended--
                            (i) by striking paragraph (7); and
                            (ii) by redesignating paragraphs 
                        (8) through (19) as paragraphs (7) 
                        through (18), respectively.
                    (B) Table of contents.--The table of 
                contents in section 1(b) of the Homeland 
                Security Act of 2002 (6 U.S.C. 101 et seq.) is 
                amended by inserting after the item relating to 
                section 202 the following:

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

    (b) Office of Intelligence and Analysis and Office of 
Infrastructure Protection.--Section 201(d) of the Homeland 
Security Act of 2002 (6 U.S.C. 121(d)) is amended--
            (1) in paragraph (1), by inserting ``, in support 
        of the mission responsibilities of the Department and 
        the functions of the National Counterterrorism Center 
        established under section 119 of the National Security 
        Act of 1947 (50 U.S.C. 404o),'' after ``and to 
        integrate such information''; and
            (2) by striking paragraph (7), as redesignated by 
        subsection (a)(2)(A)(ii) of this section, and inserting 
        the following:
            ``(7) To review, analyze, and make recommendations 
        for improvements to the policies and procedures 
        governing the sharing of information within the scope 
        of the information sharing environment established 
        under section 1016 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 485), 
        including homeland security information, terrorism 
        information, and weapons of mass destruction 
        information, and any policies, guidelines, procedures, 
        instructions, or standards established under that 
        section.''.
    (c) Report on Comprehensive Information Technology Network 
Architecture.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Homeland Security of 
the House of Representatives a report on the progress of the 
Secretary in developing the comprehensive information 
technology network architecture required under section 205 of 
the Homeland Security Act of 2002, as added by subsection (a). 
The report shall include:
            (1) a description of the priorities for the 
        development of the comprehensive information technology 
        network architecture and a rationale for such 
        priorities;
            (2) an explanation of how the various components of 
        the comprehensive information technology network 
        architecture will work together and interconnect;
            (3) a description of the technological challenges 
        that the Secretary expects the Office of Intelligence 
        and Analysis will face in implementing the 
        comprehensive information technology network 
        architecture;
            (4) a description of the technological options that 
        are available or are in development that may be 
        incorporated into the comprehensive information 
        technology network architecture, the feasibility of 
        incorporating such options, and the advantages and 
        disadvantages of doing so;
            (5) an explanation of any security protections to 
        be developed as part of the comprehensive information 
        technology network architecture;
            (6) a description of safeguards for civil liberties 
        and privacy to be built into the comprehensive 
        information technology network architecture; and
            (7) an operational best practices plan.

SEC. 502. INTELLIGENCE COMPONENT DEFINED.

    (a) In General.--Section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101) is amended--
            (1) by redesignating paragraphs (9) through (16) as 
        paragraphs (10) through (17), respectively; and
            (2) by inserting after paragraph (8) the following:
            ``(9) The term `intelligence component of the 
        Department' means any element or entity of the 
        Department that collects, gathers, processes, analyzes, 
        produces, or disseminates intelligence information 
        within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, or national intelligence, as defined under 
        section 3(5) of the National Security Act of 1947 (50 
        U.S.C. 401a(5)), except--
                    ``(A) the United States Secret Service; and
                    ``(B) the Coast Guard, when operating under 
                the direct authority of the Secretary of 
                Defense or Secretary of the Navy pursuant to 
                section 3 of title 14, United States Code, 
                except that nothing in this paragraph shall 
                affect or diminish the authority and 
                responsibilities of the Commandant of the Coast 
                Guard to command or control the Coast Guard as 
                an armed force or the authority of the Director 
                of National Intelligence with respect to the 
                Coast Guard as an element of the intelligence 
                community (as defined under section 3(4) of the 
                National Security Act of 1947 (50 U.S.C. 
                401a(4)).''.
    (b) Receipt of Information From United States Secret 
Service.--
            (1) In general.--The Under Secretary for 
        Intelligence and Analysis shall receive from the United 
        States Secret Service homeland security information, 
        terrorism information, weapons of mass destruction 
        information (as these terms are defined in Section 1016 
        of the Intelligence Reform and Terrorism Prevention Act 
        of 2004 (6 U.S.C. 485)), or national intelligence, as 
        defined in Section 3(5) of the National Security Act of 
        1947 (50 U.S.C. 401a(5)), as well as suspect 
        information obtained in criminal investigations. The 
        United States Secret Service shall cooperate with the 
        Under Secretary for Intelligence and Analysis with 
        respect to activities under sections 204 and 205 of the 
        Homeland Security Act of 2002.
            (2) Savings clause.--Nothing in this Act shall 
        interfere with the operation of Section 3056(g) of 
        Title 18, United States Code, or with the authority of 
        the Secretary of Homeland Security or the Director of 
        the United States Secret Service regarding the budget 
        of the United States Secret Service.
    (c) Technical and Conforming Amendments.--
            (1) Homeland security act of 2002.--Paragraph (13) 
        of section 501 of the Homeland Security Act of 2002 (6 
        U.S.C. 311), as redesignated by section 401, is amended 
        by striking ``section 2(10)(B)'' and inserting 
        ``section 2(11)(B)''.
            (2) Other law.--Section 712(a) of title 14, United 
        States Code, is amended by striking ``section 2(15) of 
        the Homeland Security Act of 2002 (6 U.S.C. 101(15))'' 
        and inserting ``section 2(16) of the Homeland Security 
        Act of 2002 (6 U.S.C. 101(16))''.

SEC. 503. ROLE OF INTELLIGENCE COMPONENTS, TRAINING, AND INFORMATION 
                    SHARING.

    (a) In General.--Subtitle A of title II of the Homeland 
Security Act of 2002 is further amended by adding at the end 
the following:

``SEC. 207. INTELLIGENCE COMPONENTS.

    ``Subject to the direction and control of the Secretary, 
and consistent with any applicable guidance issued by the 
Director of National Intelligence, the responsibilities of the 
head of each intelligence component of the Department are as 
follows:
            ``(1) To ensure that the collection, processing, 
        analysis, and dissemination of information within the 
        scope of the information sharing environment, including 
        homeland security information, terrorism information, 
        weapons of mass destruction information, and national 
        intelligence (as defined in section 3(5) of the 
        National Security Act of 1947 (50 U.S.C. 401a(5))), are 
        carried out effectively and efficiently in support of 
        the intelligence mission of the Department, as led by 
        the Under Secretary for Intelligence and Analysis.
            ``(2) To otherwise support and implement the 
        intelligence mission of the Department, as led by the 
        Under Secretary for Intelligence and Analysis.
            ``(3) To incorporate the input of the Under 
        Secretary for Intelligence and Analysis with respect to 
        performance appraisals, bonus or award recommendations, 
        pay adjustments, and other forms of commendation.
            ``(4) To coordinate with the Under Secretary for 
        Intelligence and Analysis in developing policies and 
        requirements for the recruitment and selection of 
        intelligence officials of the intelligence component.
            ``(5) To advise and coordinate with the Under 
        Secretary for Intelligence and Analysis on any plan to 
        reorganize or restructure the intelligence component 
        that would, if implemented, result in realignments of 
        intelligence functions.
            ``(6) To ensure that employees of the intelligence 
        component have knowledge of, and comply with, the 
        programs and policies established by the Under 
        Secretary for Intelligence and Analysis and other 
        appropriate officials of the Department and that such 
        employees comply with all applicable laws and 
        regulations.
            ``(7) To perform such other activities relating to 
        such responsibilities as the Secretary may provide.

``SEC. 208. TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPONENTS.

    ``The Secretary shall provide training and guidance for 
employees, officials, and senior executives of the intelligence 
components of the Department to develop knowledge of laws, 
regulations, operations, policies, procedures, and programs 
that are related to the functions of the Department relating to 
the collection, processing, analysis, and dissemination of 
information within the scope of the information sharing 
environment, including homeland security information, terrorism 
information, and weapons of mass destruction information, or 
national intelligence (as defined in section 3(5) of the 
National Security Act of 1947 (50 U.S.C. 401a(5))).

``SEC. 209. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL 
                    GOVERNMENT OFFICIALS.

    ``(a) Curriculum.--The Secretary, acting through the Under 
Secretary for Intelligence and Analysis, shall--
            ``(1) develop a curriculum for training State, 
        local, and tribal government officials, including law 
        enforcement officers, intelligence analysts, and other 
        emergency response providers, in the intelligence cycle 
        and Federal laws, practices, and regulations regarding 
        the development, handling, and review of intelligence 
        and other information; and
            ``(2) ensure that the curriculum includes executive 
        level training for senior level State, local, and 
        tribal law enforcement officers, intelligence analysts, 
        and other emergency response providers.
    ``(b) Training.--To the extent possible, the Federal Law 
Enforcement Training Center and other existing Federal entities 
with the capacity and expertise to train State, local, and 
tribal government officials based on the curriculum developed 
under subsection (a) shall be used to carry out the training 
programs created under this section. If such entities do not 
have the capacity, resources, or capabilities to conduct such 
training, the Secretary may approve another entity to conduct 
such training.
    ``(c) Consultation.--In carrying out the duties described 
in subsection (a), the Under Secretary for Intelligence and 
Analysis shall consult with the Director of the Federal Law 
Enforcement Training Center, the Attorney General, the Director 
of National Intelligence, the Administrator of the Federal 
Emergency Management Agency, and other appropriate parties, 
such as private industry, institutions of higher education, 
nonprofit institutions, and other intelligence agencies of the 
Federal Government.

``SEC. 210. INFORMATION SHARING INCENTIVES.

    ``(a) Awards.--In making cash awards under chapter 45 of 
title 5, United States Code, the President or the head of an 
agency, in consultation with the program manager designated 
under section 1016 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. 485), may consider the success 
of an employee in appropriately sharing information within the 
scope of the information sharing environment established under 
that section, including homeland security information, 
terrorism information, and weapons of mass destruction 
information, or national intelligence (as defined in section 
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)), 
in a manner consistent with any policies, guidelines, 
procedures, instructions, or standards established by the 
President or, as appropriate, the program manager of that 
environment for the implementation and management of that 
environment.
    ``(b) Other Incentives.--The head of each department or 
agency described in section 1016(i) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (6 U.S.C. 485(i)), in 
consultation with the program manager designated under section 
1016 of the Intelligence Reform and Terrorism Prevention Act of 
2004 (6 U.S.C. 485), shall adopt best practices regarding 
effective ways to educate and motivate officers and employees 
of the Federal Government to participate fully in the 
information sharing environment, including--
            ``(1) promotions and other nonmonetary awards; and
            ``(2) publicizing information sharing 
        accomplishments by individual employees and, where 
        appropriate, the tangible end benefits that 
        resulted.''.
    (b) Clerical Amendment.--The table of contents in section 
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended further by inserting after the item relating 
to section 206 the following:

``Sec. 207. Intelligence components.
``Sec. 208. Training for employees of intelligence components.
``Sec. 209. Intelligence training development for State and local 
          government officials.
``Sec. 210. Information sharing incentives.''.

SEC. 504. INFORMATION SHARING.

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

     Subtitle B--Homeland Security Information Sharing Partnerships

SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL 
                    FUSION CENTER INITIATIVE.

    (a) In General.--Subtitle A of title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended 
by adding at the end the following:

``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL 
                    FUSION CENTER INITIATIVE.

    ``(a) Establishment.--The Secretary, in consultation with 
the program manager of the information sharing environment 
established under section 1016 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney 
General, the Privacy Officer of the Department, the Officer for 
Civil Rights and Civil Liberties of the Department, and the 
Privacy and Civil Liberties Oversight Board established under 
section 1061 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a 
Department of Homeland Security State, Local, and Regional 
Fusion Center Initiative to establish partnerships with State, 
local, and regional fusion centers.
    ``(b) Department Support and Coordination.--Through the 
Department of Homeland Security State, Local, and Regional 
Fusion Center Initiative, and in coordination with the 
principal officials of participating State, local, or regional 
fusion centers and the officers designated as the Homeland 
Security Advisors of the States, the Secretary shall--
            ``(1) provide operational and intelligence advice 
        and assistance to State, local, and regional fusion 
        centers;
            ``(2) support efforts to include State, local, and 
        regional fusion centers into efforts to establish an 
        information sharing environment;
            ``(3) conduct tabletop and live training exercises 
        to regularly assess the capability of individual and 
        regional networks of State, local, and regional fusion 
        centers to integrate the efforts of such networks with 
        the efforts of the Department;
            ``(4) coordinate with other relevant Federal 
        entities engaged in homeland security-related 
        activities;
            ``(5) provide analytic and reporting advice and 
        assistance to State, local, and regional fusion 
        centers;
            ``(6) review information within the scope of the 
        information sharing environment, including homeland 
        security information, terrorism information, and 
        weapons of mass destruction information, that is 
        gathered by State, local, and regional fusion centers, 
        and to incorporate such information, as appropriate, 
        into the Department's own such information;
            ``(7) provide management assistance to State, 
        local, and regional fusion centers;
            ``(8) serve as a point of contact to ensure the 
        dissemination of information within the scope of the 
        information sharing environment, including homeland 
        security information, terrorism information, and 
        weapons of mass destruction information;
            ``(9) facilitate close communication and 
        coordination between State, local, and regional fusion 
        centers and the Department;
            ``(10) provide State, local, and regional fusion 
        centers with expertise on Department resources and 
        operations;
            ``(11) provide training to State, local, and 
        regional fusion centers and encourage such fusion 
        centers to participate in terrorism threat-related 
        exercises conducted by the Department; and
            ``(12) carry out such other duties as the Secretary 
        determines are appropriate.
    ``(c) Personnel Assignment.--
            ``(1) In general.--The Under Secretary for 
        Intelligence and Analysis shall, to the maximum extent 
        practicable, assign officers and intelligence analysts 
        from components of the Department to participating 
        State, local, and regional fusion centers.
            ``(2) Personnel sources.--Officers and intelligence 
        analysts assigned to participating fusion centers under 
        this subsection may be assigned from the following 
        Department components, in coordination with the 
        respective component head and in consultation with the 
        principal officials of participating fusion centers:
                    ``(A) Office of Intelligence and Analysis.
                    ``(B) Office of Infrastructure Protection.
                    ``(C) Transportation Security 
                Administration.
                    ``(D) United States Customs and Border 
                Protection.
                    ``(E) United States Immigration and Customs 
                Enforcement.
                    ``(F) United States Coast Guard.
                    ``(G) Other components of the Department, 
                as determined by the Secretary.
            ``(3) Qualifying criteria.--
                    ``(A) In general.--The Secretary shall 
                develop qualifying criteria for a fusion center 
                to participate in the assigning of Department 
                officers or intelligence analysts under this 
                section.
                    ``(B) Criteria.--Any criteria developed 
                under subparagraph (A) may include--
                            ``(i) whether the fusion center, 
                        through its mission and governance 
                        structure, focuses on a broad 
                        counterterrorism approach, and whether 
                        that broad approach is pervasive 
                        through all levels of the organization;
                            ``(ii) whether the fusion center 
                        has sufficient numbers of adequately 
                        trained personnel to support a broad 
                        counterterrorism mission;
                            ``(iii) whether the fusion center 
                        has--
                                    ``(I) access to relevant 
                                law enforcement, emergency 
                                response, private sector, open 
                                source, and national security 
                                data; and
                                    ``(II) the ability to share 
                                and analytically utilize that 
                                data for lawful purposes;
                            ``(iv) whether the fusion center is 
                        adequately funded by the State, local, 
                        or regional government to support its 
                        counterterrorism mission; and
                            ``(v) the relevancy of the mission 
                        of the fusion center to the particular 
                        source component of Department officers 
                        or intelligence analysts.
            ``(4) Prerequisite.--
                    ``(A) Intelligence analysis, privacy, and 
                civil liberties training.--Before being 
                assigned to a fusion center under this section, 
                an officer or intelligence analyst shall 
                undergo--
                            ``(i) appropriate intelligence 
                        analysis or information sharing 
                        training using an intelligence-led 
                        policing curriculum that is consistent 
                        with--
                                    ``(I) standard training and 
                                education programs offered to 
                                Department law enforcement and 
                                intelligence personnel; and
                                    ``(II) the Criminal 
                                Intelligence Systems Operating 
                                Policies under part 23 of title 
                                28, Code of Federal Regulations 
                                (or any corresponding similar 
                                rule or regulation);
                            ``(ii) appropriate privacy and 
                        civil liberties training that is 
                        developed, supported, or sponsored by 
                        the Privacy Officer appointed under 
                        section 222 and the Officer for Civil 
                        Rights and Civil Liberties of the 
                        Department, in consultation with the 
                        Privacy and Civil Liberties Oversight 
                        Board established under section 1061 of 
                        the Intelligence Reform and Terrorism 
                        Prevention Act of 2004 (5 U.S.C. 601 
                        note); and
                            ``(iii) such other training 
                        prescribed by the Under Secretary for 
                        Intelligence and Analysis.
                    ``(B) Prior work experience in area.--In 
                determining the eligibility of an officer or 
                intelligence analyst to be assigned to a fusion 
                center under this section, the Under Secretary 
                for Intelligence and Analysis shall consider 
                the familiarity of the officer or intelligence 
                analyst with the State, locality, or region, as 
                determined by such factors as whether the 
                officer or intelligence analyst--
                            ``(i) has been previously assigned 
                        in the geographic area; or
                            ``(ii) has previously worked with 
                        intelligence officials or law 
                        enforcement or other emergency response 
                        providers from that State, locality, or 
                        region.
            ``(5) Expedited security clearance processing.--The 
        Under Secretary for Intelligence and Analysis--
                    ``(A) shall ensure that each officer or 
                intelligence analyst assigned to a fusion 
                center under this section has the appropriate 
                security clearance to contribute effectively to 
                the mission of the fusion center; and
                    ``(B) may request that security clearance 
                processing be expedited for each such officer 
                or intelligence analyst and may use available 
                funds for such purpose.
            ``(6) Further qualifications.--Each officer or 
        intelligence analyst assigned to a fusion center under 
        this section shall satisfy any other qualifications the 
        Under Secretary for Intelligence and Analysis may 
        prescribe.
    ``(d) Responsibilities.--An officer or intelligence analyst 
assigned to a fusion center under this section shall--
            ``(1) assist law enforcement agencies and other 
        emergency response providers of State, local, and 
        tribal governments and fusion center personnel in using 
        information within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, to develop a comprehensive and accurate 
        threat picture;
            ``(2) review homeland security-relevant information 
        from law enforcement agencies and other emergency 
        response providers of State, local, and tribal 
        government;
            ``(3) create intelligence and other information 
        products derived from such information and other 
        homeland security-relevant information provided by the 
        Department; and
            ``(4) assist in the dissemination of such products, 
        as coordinated by the Under Secretary for Intelligence 
        and Analysis, to law enforcement agencies and other 
        emergency response providers of State, local, and 
        tribal government, other fusion centers, and 
        appropriate Federal agencies.
    ``(e) Border Intelligence Priority.--
            ``(1) In general.--The Secretary shall make it a 
        priority to assign officers and intelligence analysts 
        under this section from United States Customs and 
        Border Protection, United States Immigration and 
        Customs Enforcement, and the Coast Guard to 
        participating State, local, and regional fusion centers 
        located in jurisdictions along land or maritime borders 
        of the United States in order to enhance the integrity 
        of and security at such borders by helping Federal, 
        State, local, and tribal law enforcement authorities to 
        identify, investigate, and otherwise interdict persons, 
        weapons, and related contraband that pose a threat to 
        homeland security.
            ``(2) Border intelligence products.--When 
        performing the responsibilities described in subsection 
        (d), officers and intelligence analysts assigned to 
        participating State, local, and regional fusion centers 
        under this section shall have, as a primary 
        responsibility, the creation of border intelligence 
        products that--
                    ``(A) assist State, local, and tribal law 
                enforcement agencies in deploying their 
                resources most efficiently to help detect and 
                interdict terrorists, weapons of mass 
                destruction, and related contraband at land or 
                maritime borders of the United States;
                    ``(B) promote more consistent and timely 
                sharing of border security-relevant information 
                among jurisdictions along land or maritime 
                borders of the United States; and
                    ``(C) enhance the Department's situational 
                awareness of the threat of acts of terrorism at 
                or involving the land or maritime borders of 
                the United States.
    ``(f) Database Access.--In order to fulfill the objectives 
described under subsection (d), each officer or intelligence 
analyst assigned to a fusion center under this section shall 
have appropriate access to all relevant Federal databases and 
information systems, consistent with any policies, guidelines, 
procedures, instructions, or standards established by the 
President or, as appropriate, the program manager of the 
information sharing environment for the implementation and 
management of that environment.
    ``(g) Consumer Feedback.--
            ``(1) In general.--The Secretary shall create a 
        voluntary mechanism for any State, local, or tribal law 
        enforcement officer or other emergency response 
        provider who is a consumer of the intelligence or other 
        information products referred to in subsection (d) to 
        provide feedback to the Department on the quality and 
        utility of such intelligence products.
            ``(2) Report.--Not later than one year after the 
        date of the enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, and 
        annually thereafter, the Secretary shall submit to the 
        Committee on Homeland Security and Governmental Affairs 
        of the Senate and the Committee on Homeland Security of 
        the House of Representatives a report that includes a 
        description of the consumer feedback obtained under 
        paragraph (1) and, if applicable, how the Department 
        has adjusted its production of intelligence products in 
        response to that consumer feedback.
    ``(h) Rule of Construction.--
            ``(1) In general.--The authorities granted under 
        this section shall supplement the authorities granted 
        under section 201(d) and nothing in this section shall 
        be construed to abrogate the authorities granted under 
        section 201(d).
            ``(2) Participation.--Nothing in this section shall 
        be construed to require a State, local, or regional 
        government or entity to accept the assignment of 
        officers or intelligence analysts of the Department 
        into the fusion center of that State, locality, or 
        region.
    ``(i) Guidelines.--The Secretary, in consultation with the 
Attorney General, shall establish guidelines for fusion centers 
created and operated by State and local governments, to include 
standards that any such fusion center shall--
            ``(1) collaboratively develop a mission statement, 
        identify expectations and goals, measure performance, 
        and determine effectiveness for that fusion center;
            ``(2) create a representative governance structure 
        that includes law enforcement officers and other 
        emergency response providers and, as appropriate, the 
        private sector;
            ``(3) create a collaborative environment for the 
        sharing of intelligence and information among Federal, 
        State, local, and tribal government agencies (including 
        law enforcement officers and other emergency response 
        providers), the private sector, and the public, 
        consistent with any policies, guidelines, procedures, 
        instructions, or standards established by the President 
        or, as appropriate, the program manager of the 
        information sharing environment;
            ``(4) leverage the databases, systems, and networks 
        available from public and private sector entities, in 
        accordance with all applicable laws, to maximize 
        information sharing;
            ``(5) develop, publish, and adhere to a privacy and 
        civil liberties policy consistent with Federal, State, 
        and local law;
            ``(6) provide, in coordination with the Privacy 
        Officer of the Department and the Officer for Civil 
        Rights and Civil Liberties of the Department, 
        appropriate privacy and civil liberties training for 
        all State, local, tribal, and private sector 
        representatives at the fusion center;
            ``(7) ensure appropriate security measures are in 
        place for the facility, data, and personnel;
            ``(8) select and train personnel based on the 
        needs, mission, goals, and functions of that fusion 
        center;
            ``(9) offer a variety of intelligence and 
        information services and products to recipients of 
        fusion center intelligence and information; and
            ``(10) incorporate law enforcement officers, other 
        emergency response providers, and, as appropriate, the 
        private sector, into all relevant phases of the 
        intelligence and fusion process, consistent with the 
        mission statement developed under paragraph (1), either 
        through full time representatives or liaison 
        relationships with the fusion center to enable the 
        receipt and sharing of information and intelligence.
    ``(j) Definitions.--In this section--
            ``(1) the term `fusion center' means a 
        collaborative effort of 2 or more Federal, State, 
        local, or tribal government agencies that combines 
        resources, expertise, or information with the goal of 
        maximizing the ability of such agencies to detect, 
        prevent, investigate, apprehend, and respond to 
        criminal or terrorist activity;
            ``(2) the term `information sharing environment' 
        means the information sharing environment established 
        under section 1016 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 485);
            ``(3) the term `intelligence analyst' means an 
        individual who regularly advises, administers, 
        supervises, or performs work in the collection, 
        gathering, analysis, evaluation, reporting, production, 
        or dissemination of information on political, economic, 
        social, cultural, physical, geographical, scientific, 
        or military conditions, trends, or forces in foreign or 
        domestic areas that directly or indirectly affect 
        national security;
            ``(4) the term `intelligence-led policing' means 
        the collection and analysis of information to produce 
        an intelligence end product designed to inform law 
        enforcement decision making at the tactical and 
        strategic levels; and
            ``(5) the term `terrorism information' has the 
        meaning given that term in section 1016 of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (6 U.S.C. 485).
    ``(k) Authorization of Appropriations.--There is authorized 
to be appropriated $10,000,000 for each of fiscal years 2008 
through 2012, to carry out this section, except for subsection 
(i), including for hiring officers and intelligence analysts to 
replace officers and intelligence analysts who are assigned to 
fusion centers under this section.''.
    (b) Training for Predeployed Officers and Analysts.--An 
officer or analyst assigned to a fusion center by the Secretary 
of Homeland Security before the date of the enactment of this 
Act shall undergo the training described in section 
210A(c)(4)(A) of the Homeland Security Act of 2002, as added by 
subsection (a), by not later than six months after such date.
    (c) Technical and Conforming Amendment.--The table of 
contents in section 1(b) of the Homeland Security Act of 2002 
(6 U.S.C. 101 et seq.) is further amended by inserting after 
the item relating to section 210 the following:

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

    (d) Reports.--
            (1) Concept of operations.--Not later than 90 days 
        after the date of enactment of this Act and before the 
        Department of Homeland Security State, Local, and 
        Regional Fusion Center Initiative under
section 210A of the Homeland Security Act of 2002, as added by 
subsection (a), (in this section referred to as the 
``program'') has been implemented, the Secretary, in 
consultation with the Privacy Officer of the Department, the 
Officer for Civil Rights and Civil Liberties of the Department, 
and the Privacy and Civil Liberties Oversight Board established 
under section 1061 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the 
Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the House of 
Representatives a report that contains a concept of operations 
for the program, which shall--
                    (A) include a clear articulation of the 
                purposes, goals, and specific objectives for 
                which the program is being developed;
                    (B) identify stakeholders in the program 
                and provide an assessment of their needs;
                    (C) contain a developed set of quantitative 
                metrics to measure, to the extent possible, 
                program output;
                    (D) contain a developed set of qualitative 
                instruments (including surveys and expert 
                interviews) to assess the extent to which 
                stakeholders believe their needs are being met; 
                and
                    (E) include a privacy and civil liberties 
                impact assessment.
            (2) Privacy and civil liberties.--Not later than 1 
        year after the date of the enactment of this Act, the 
        Privacy Officer of the Department of Homeland Security 
        and the Officer for Civil Liberties and Civil Rights of 
        the Department of Homeland Security, consistent with 
        any policies of the Privacy and Civil Liberties 
        Oversight Board established under section 1061 of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (5 U.S.C. 601 note), shall submit to the Committee 
        on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the 
        House of Representatives, the Secretary of Homeland 
        Security, the Under Secretary of Homeland Security for 
        Intelligence and Analysis, and the Privacy and Civil 
        Liberties Oversight Board a report on the privacy and 
        civil liberties impact of the program.

SEC. 512. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.

    (a) Establishment of Program.--Subtitle A of title II of 
the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is 
further amended by adding at the end the following:

``SEC. 210B. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary, acting through 
        the Under Secretary for Intelligence and Analysis, and 
        in consultation with the Chief Human Capital Officer, 
        shall establish a fellowship program in accordance with 
        this section for the purpose of--
                    ``(A) detailing State, local, and tribal 
                law enforcement officers and intelligence 
                analysts to the Department in accordance with 
                subchapter VI of chapter 33 of title 5, United 
                States Code, to participate in the work of the 
                Office of Intelligence and Analysis in order to 
                become familiar with--
                            ``(i) the relevant missions and 
                        capabilities of the Department and 
                        other Federal agencies; and
                            ``(ii) the role, programs, 
                        products, and personnel of the Office 
                        of Intelligence and Analysis; and
                    ``(B) promoting information sharing between 
                the Department and State, local, and tribal law 
                enforcement officers and intelligence analysts 
                by assigning such officers and analysts to--
                            ``(i) serve as a point of contact 
                        in the Department to assist in the 
                        representation of State, local, and 
                        tribal information requirements;
                            ``(ii) identify information within 
                        the scope of the information sharing 
                        environment, including homeland 
                        security information, terrorism 
                        information, and weapons of mass 
                        destruction information, that is of 
                        interest to State, local, and tribal 
                        law enforcement officers, intelligence 
                        analysts, and other emergency response 
                        providers;
                            ``(iii) assist Department analysts 
                        in preparing and disseminating products 
                        derived from information within the 
                        scope of the information sharing 
                        environment, including homeland 
                        security information, terrorism 
                        information, and weapons of mass 
                        destruction information, that are 
                        tailored to State, local, and tribal 
                        law enforcement officers and 
                        intelligence analysts and designed to 
                        prepare for and thwart acts of 
                        terrorism; and
                            ``(iv) assist Department analysts 
                        in preparing products derived from 
                        information within the scope of the 
                        information sharing environment, 
                        including homeland security 
                        information, terrorism information, and 
                        weapons of mass destruction 
                        information, that are tailored to 
                        State, local, and tribal emergency 
                        response providers and assist in the 
                        dissemination of such products through 
                        appropriate Department channels.
            ``(2) Program name.--The program under this section 
        shall be known as the `Homeland Security Information 
        Sharing Fellows Program'.
    ``(b) Eligibility.--
            ``(1) In general.--In order to be eligible for 
        selection as an Information Sharing Fellow under the 
        program under this section, an individual shall--
                    ``(A) have homeland security-related 
                responsibilities;
                    ``(B) be eligible for an appropriate 
                security clearance;
                    ``(C) possess a valid need for access to 
                classified information, as determined by the 
                Under Secretary for Intelligence and Analysis;
                    ``(D) be an employee of an eligible entity; 
                and
                    ``(E) have undergone appropriate privacy 
                and civil liberties training that is developed, 
                supported, or sponsored by the Privacy Officer 
                and the Officer for Civil Rights and Civil 
                Liberties, in consultation with the Privacy and 
                Civil Liberties Oversight Board established 
                under section 1061 of the Intelligence Reform 
                and Terrorism Prevention Act of 2004 (5 U.S.C. 
                601 note).
            ``(2) Eligible entities.--In this subsection, the 
        term `eligible entity' means--
                    ``(A) a State, local, or regional fusion 
                center;
                    ``(B) a State or local law enforcement or 
                other government entity that serves a major 
                metropolitan area, suburban area, or rural 
                area, as determined by the Secretary;
                    ``(C) a State or local law enforcement or 
                other government entity with port, border, or 
                agricultural responsibilities, as determined by 
                the Secretary;
                    ``(D) a tribal law enforcement or other 
                authority; or
                    ``(E) such other entity as the Secretary 
                determines is appropriate.
    ``(c) Optional Participation.--No State, local, or tribal 
law enforcement or other government entity shall be required to 
participate in the Homeland Security Information Sharing 
Fellows Program.
    ``(d) Procedures for Nomination and Selection.--
            ``(1) In general.--The Under Secretary for 
        Intelligence and Analysis shall establish procedures to 
        provide for the nomination and selection of individuals 
        to participate in the Homeland Security Information 
        Sharing Fellows Program.
            ``(2) Limitations.--The Under Secretary for 
        Intelligence and Analysis shall--
                    ``(A) select law enforcement officers and 
                intelligence analysts representing a broad 
                cross-section of State, local, and tribal 
                agencies; and
                    ``(B) ensure that the number of Information 
                Sharing Fellows selected does not impede the 
                activities of the Office of Intelligence and 
                Analysis.''.
    (b) Technical and Conforming Amendment.--The table of 
contents in section 1(b) of the Homeland Security Act of 2002 
(6 U.S.C. 101 et seq.) is further amended by inserting after 
the item relating to section 210A the following:

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

    (c) Reports.--
            (1) Concept of operations.--Not later than 90 days 
        after the date of enactment of this Act, and before the 
        implementation of the Homeland Security Information 
        Sharing Fellows Program under section 210B of the 
        Homeland Security Act of 2002, as added by subsection 
        (a), (in this section referred to as the ``Program'') 
        the Secretary, in consultation with the Privacy Officer 
        of the Department, the Officer for Civil Rights and 
        Civil Liberties of the Department, and the Privacy and 
        Civil Liberties Oversight Board established under 
        section 1061 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (5 U.S.C. 601 note), shall 
        submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives a 
        report that contains a concept of operations for the 
        Program, which shall include a privacy and civil 
        liberties impact assessment.
            (2) Review of privacy impact.--Not later than 1 
        year after the date on which the program is 
        implemented, the Privacy Officer of the Department and 
        the Officer for Civil Rights and Civil Liberties of the 
        Department, consistent with any policies of the Privacy 
        and Civil Liberties Oversight Board established under 
        section 1061 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (5 U.S.C. 601 note), shall 
        submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives, the 
        Secretary of Homeland Security, the Under Secretary of 
        Homeland Security for Intelligence and Analysis, and 
        the Privacy and Civil Liberties Oversight Board, a 
        report on the privacy and civil liberties impact of the 
        program.

SEC. 513. RURAL POLICING INSTITUTE.

    (a) Establishment.--Subtitle A of title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended 
by adding at the end the following:

``SEC. 210C. RURAL POLICING INSTITUTE.

    ``(a) In General.--The Secretary shall establish a Rural 
Policing Institute, which shall be administered by the Federal 
Law Enforcement Training Center, to target training to law 
enforcement agencies and other emergency response providers 
located in rural areas. The Secretary, through the Rural 
Policing Institute, shall--
            ``(1) evaluate the needs of law enforcement 
        agencies and other emergency response providers in 
        rural areas;
            ``(2) develop expert training programs designed to 
        address the needs of law enforcement agencies and other 
        emergency response providers in rural areas as 
        identified in the evaluation conducted under paragraph 
        (1), including training programs about intelligence-led 
        policing and protections for privacy, civil rights, and 
        civil liberties;
            ``(3) provide the training programs developed under 
        paragraph (2) to law enforcement agencies and other 
        emergency response providers in rural areas; and
            ``(4) conduct outreach efforts to ensure that local 
        and tribal governments in rural areas are aware of the 
        training programs developed under paragraph (2) so they 
        can avail themselves of such programs.
    ``(b) Curricula.--The training at the Rural Policing 
Institute established under subsection (a) shall--
            ``(1) be configured in a manner so as not to 
        duplicate or displace any law enforcement or emergency 
        response program of the Federal Law Enforcement 
        Training Center or a local or tribal government entity 
        in existence on the date of enactment of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007; and
            ``(2) to the maximum extent practicable, be 
        delivered in a cost-effective manner at facilities of 
        the Department, on closed military installations with 
        adequate training facilities, or at facilities operated 
        by the participants.
    ``(c) Definition.--In this section, the term `rural' means 
an area that is not located in a metropolitan statistical area, 
as defined by the Office of Management and Budget.
    ``(d) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this section 
(including for contracts, staff, and equipment)--
            ``(1) $10,000,000 for fiscal year 2008; and
            ``(2) $5,000,000 for each of fiscal years 2009 
        through 2013.''.
    (b) Clerical Amendment.--The table of contents in section 
1(b) of such Act is further amended by inserting after the item 
relating to section 210B the following:

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

    Subtitle C--Interagency Threat Assessment and Coordination Group

SEC. 521. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.

    (a) Establishment.--Subtitle A of title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended 
by adding at the end the following:

``SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.

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

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

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

   Subtitle D--Homeland Security Intelligence Offices Reorganization

SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF 
                    INFRASTRUCTURE PROTECTION.

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

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

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

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

              Subtitle E--Authorization of Appropriations

SEC. 541. AUTHORIZATION OF APPROPRIATIONS.

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

           TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING 
                    INFORMATION.

    (a) Amounts Appropriated Each Fiscal Year.--Not later than 
30 days after the end of each fiscal year beginning with fiscal 
year 2007, the Director of National Intelligence shall disclose 
to the public the aggregate amount of funds appropriated by 
Congress for the National Intelligence Program for such fiscal 
year.
    (b) Waiver.--Beginning with fiscal year 2009, the President 
may waive or postpone the disclosure required by subsection (a) 
for any fiscal year by, not later than 30 days after the end of 
such fiscal year, submitting to the Select Committee on 
Intelligence of the Senate and Permanent Select Committee on 
Intelligence of the House of Representatives--
            (1) a statement, in unclassified form, that the 
        disclosure required in subsection (a) for that fiscal 
        year would damage national security; and
            (2) a statement detailing the reasons for the 
        waiver or postponement, which may be submitted in 
        classified form.
    (c) Definition.--As used in this section, the term 
``National Intelligence Program'' has the meaning given the 
term in section 3(6) of the National Security Act of 1947 (50 
U.S.C. 401a(6)).

SEC. 602. PUBLIC INTEREST DECLASSIFICATION BOARD.

    The Public Interest Declassification Act of 2000 (50 U.S.C. 
435 note) is amended--
            (1) by striking ``Director of Central 
        Intelligence'' each place that term appears and 
        inserting ``Director of National Intelligence'';
            (2) in section 704(e)--
                    (A) by striking ``If requested'' and 
                inserting the following:
            ``(1) In general.--If requested''; and
                    (B) by adding at the end the following:
            ``(2) Authority of board.--Upon receiving a 
        congressional request described in section 703(b)(5), 
        the Board may conduct the review and make the 
        recommendations described in that section, regardless 
        of whether such a review is requested by the President.
            ``(3) Reporting.--Any recommendations submitted to 
        the President by the Board under section 703(b)(5), 
        shall be submitted to the chairman and ranking minority 
        member of the committee of Congress that made the 
        request relating to such recommendations.'';
            (3) in section 705(c), in the subsection heading, 
        by striking ``Director of Central Intelligence'' and 
        inserting ``Director of National Intelligence''; and
            (4) in section 710(b), by striking ``8 years after 
        the date'' and all that follows and inserting ``on 
        December 31, 2012.''.

SEC. 603. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11 COMMISSION 
                    RECOMMENDATIONS WITH RESPECT TO INTELLIGENCE REFORM 
                    AND CONGRESSIONAL INTELLIGENCE OVERSIGHT REFORM.

    (a) Findings.--Congress makes the following findings:
            (1) The National Commission on Terrorist Attacks 
        Upon the United States (referred to in this section as 
        the ``9/11 Commission'') conducted a lengthy review of 
        the facts and circumstances relating to the terrorist 
        attacks of September 11, 2001, including those relating 
        to the intelligence community, law enforcement 
        agencies, and the role of congressional oversight and 
        resource allocation.
            (2) In its final report, the 9/11 Commission found 
        that--
                    (A) congressional oversight of the 
                intelligence activities of the United States is 
                dysfunctional;
                    (B) under the rules of the Senate and the 
                House of Representatives in effect at the time 
                the report was completed, the committees of 
                Congress charged with oversight of the 
                intelligence activities lacked the power, 
                influence, and sustained capability to meet the 
                daunting challenges faced by the intelligence 
                community of the United States;
                    (C) as long as such oversight is governed 
                by such rules of the Senate and the House of 
                Representatives, the people of the United 
                States will not get the security they want and 
                need;
                    (D) a strong, stable, and capable 
                congressional committee structure is needed to 
                give the intelligence community of the United 
                States appropriate oversight, support, and 
                leadership; and
                    (E) the reforms recommended by the 9/11 
                Commission in its final report will not succeed 
                if congressional oversight of the intelligence 
                community in the United States is not changed.
            (3) The 9/11 Commission recommended structural 
        changes to Congress to improve the oversight of 
        intelligence activities.
            (4) Congress has enacted some of the 
        recommendations made by the 9/11 Commission and is 
        considering implementing additional recommendations of 
        the 9/11 Commission.
            (5) The Senate adopted Senate Resolution 445 in the 
        108th Congress to address some of the intelligence 
        oversight recommendations of the 9/11 Commission by 
        abolishing term limits for the members of the Select 
        Committee on Intelligence, clarifying jurisdiction for 
        intelligence-related nominations, and streamlining 
        procedures for the referral of intelligence-related 
        legislation, but other aspects of the 9/11 Commission 
        recommendations regarding intelligence oversight have 
        not been implemented.
    (b) Sense of the Senate.--It is the sense of the Senate 
that the Committee on Homeland Security and Governmental 
Affairs and the Select Committee on Intelligence of the Senate 
each, or jointly, should--
            (1) undertake a review of the recommendations made 
        in the final report of the 9/11 Commission with respect 
        to intelligence reform and congressional intelligence 
        oversight reform;
            (2) review and consider any other suggestions, 
        options, or recommendations for improving intelligence 
        oversight; and
            (3) not later than December 21, 2007, submit to the 
        Senate a report that includes the recommendations of 
        the committees, if any, for carrying out such reforms.

SEC. 604. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST 
                    DECLASSIFICATION BOARD.

    Section 21067 of the Continuing Appropriations Resolution, 
2007 (division B of Public Law 109-289; 120 Stat. 1311), as 
amended by Public Law 109-369 (120 Stat. 2642), Public Law 109-
383 (120 Stat. 2678), and Public Law 110-5, is amended by 
adding at the end the following new subsection:
    ``(c) From the amount provided by this section, the 
National Archives and Records Administration may obligate 
monies necessary to carry out the activities of the Public 
Interest Declassification Board.''.

SEC. 605. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT ON 
                    CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY 
                    REGARDING THE TERRORIST ATTACKS OF SEPTEMBER 11, 
                    2001.

    (a) Public Availability.--Not later than 30 days after the 
date of the enactment of this Act, the Director of the Central 
Intelligence Agency shall prepare and make available to the 
public a version of the Executive Summary of the report 
entitled the ``Office of Inspector General Report on Central 
Intelligence Agency Accountability Regarding Findings and 
Conclusions of the Joint Inquiry into Intelligence Community 
Activities Before and After the Terrorist Attacks of September 
11, 2001'' issued in June 2005 that is declassified to the 
maximum extent possible, consistent with national security.
    (b) Report to Congress.--The Director of the Central 
Intelligence Agency shall submit to Congress a classified annex 
to the redacted Executive Summary made available under 
subsection (a) that explains the reason that any redacted 
material in the Executive Summary was withheld from the public.

      TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

                      Subtitle A--Terrorist Travel

SEC. 701. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE BORDER 
                    SECURITY, ENHANCE GLOBAL DOCUMENT SECURITY, AND 
                    EXCHANGE TERRORIST INFORMATION.

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

                        Subtitle B--Visa Waiver

SEC. 711. MODERNIZATION OF THE VISA WAIVER PROGRAM.

    (a) Short Title.--This section may be cited as the ``Secure 
Travel and Counterterrorism Partnership Act of 2007''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should modernize and 
        strengthen the security of the visa waiver program 
        under section 217 of the Immigration and Nationality 
        Act (8 U.S.C. 1187) by simultaneously--
                    (A) enhancing program security 
                requirements; and
                    (B) extending visa-free travel privileges 
                to nationals of foreign countries that are 
                partners in the war on terrorism--
                            (i) that are actively cooperating 
                        with the United States to prevent 
                        terrorist travel, including sharing 
                        counterterrorism and law enforcement 
                        information; and
                            (ii) whose nationals have 
                        demonstrated their compliance with the 
                        provisions of the Immigration and 
                        Nationality Act regarding the purpose 
                        and duration of their admission to the 
                        United States; and
            (2) the modernization described in paragraph (1) 
        will--
                    (A) enhance bilateral cooperation on 
                critical counterterrorism and information 
                sharing initiatives;
                    (B) support and expand tourism and business 
                opportunities to enhance long-term economic 
                competitiveness; and
                    (C) strengthen bilateral relationships.
    (c) Discretionary Visa Waiver Program Expansion.--Section 
217(c) of the Immigration and Nationality Act (8 U.S.C. 
1187(c)) is amended by adding at the end the following new 
paragraphs:
            ``(8) Nonimmigrant visa refusal rate flexibility.--
                    ``(A) Certification.--
                            ``(i) In general.--On the date on 
                        which an air exit system is in place 
                        that can verify the departure of not 
                        less than 97 percent of foreign 
                        nationals who exit through airports of 
                        the United States and the electronic 
                        travel authorization system required 
                        under subsection (h)(3) is fully 
                        operational, the Secretary of Homeland 
                        Security shall certify to Congress that 
                        such air exit system and electronic 
                        travel authorization system are in 
                        place.
                            ``(ii) Notification to congress.--
                        The Secretary shall notify Congress in 
                        writing of the date on which the air 
                        exit system under clause (i) fully 
                        satisfies the biometric requirements 
                        specified in subsection (i).
                            ``(iii) Temporary suspension of 
                        waiver authority.--Notwithstanding any 
                        certification made under clause (i), if 
                        the Secretary has not notified Congress 
                        in accordance with clause (ii) by June 
                        30, 2009, the Secretary's waiver 
                        authority under subparagraph (B) shall 
                        be suspended beginning on July 1, 2009, 
                        until such time as the Secretary makes 
                        such notification.
                            ``(iv) Rule of construction.--
                        Nothing in this paragraph shall be 
                        construed as in any way abrogating the 
                        reporting requirements under subsection 
                        (i)(3).
                    ``(B) Waiver.--After certification by the 
                Secretary under subparagraph (A), the 
                Secretary, in consultation with the Secretary 
                of State, may waive the application of 
                paragraph (2)(A) for a country if--
                            ``(i) the country meets all 
                        security requirements of this section;
                            ``(ii) the Secretary of Homeland 
                        Security determines that the totality 
                        of the country's security risk 
                        mitigation measures provide assurance 
                        that the country's participation in the 
                        program would not compromise the law 
                        enforcement, security interests, or 
                        enforcement of the immigration laws of 
                        the United States;
                            ``(iii) there has been a sustained 
                        reduction in the rate of refusals for 
                        nonimmigrant visas for nationals of the 
                        country and conditions exist to 
                        continue such reduction;
                            ``(iv) the country cooperated with 
                        the Government of the United States on 
                        counterterrorism initiatives, 
                        information sharing, and preventing 
                        terrorist travel before the date of its 
                        designation as a program country, and 
                        the Secretary of Homeland Security and 
                        the Secretary of State determine that 
                        such cooperation will continue; and
                            ``(v)(I) the rate of refusals for 
                        nonimmigrant visitor visas for 
                        nationals of the country during the 
                        previous full fiscal year was not more 
                        than ten percent; or
                            ``(II) the visa overstay rate for 
                        the country for the previous full 
                        fiscal year does not exceed the maximum 
                        visa overstay rate, once such rate is 
                        established under subparagraph (C).
                    ``(C) Maximum visa overstay rate.--
                            ``(i) Requirement to establish.--
                        After certification by the Secretary 
                        under subparagraph (A), the Secretary 
                        and the Secretary of State jointly 
                        shall use information from the air exit 
                        system referred to in such subparagraph 
                        to establish a maximum visa overstay 
                        rate for countries participating in the 
                        program pursuant to a waiver under 
                        subparagraph (B). The Secretary of 
                        Homeland Security shall certify to 
                        Congress that such rate would not 
                        compromise the law enforcement, 
                        security interests, or enforcement of 
                        the immigration laws of the United 
                        States.
                            ``(ii) Visa overstay rate 
                        defined.--In this paragraph the term 
                        `visa overstay rate' means, with 
                        respect to a country, the ratio of--
                                    ``(I) the total number of 
                                nationals of that country who 
                                were admitted to the United 
                                States on the basis of a 
                                nonimmigrant visa whose periods 
                                of authorized stays ended 
                                during a fiscal year but who 
                                remained unlawfully in the 
                                United States beyond such 
                                periods; to
                                    ``(II) the total number of 
                                nationals of that country who 
                                were admitted to the United 
                                States on the basis of a 
                                nonimmigrant visa during that 
                                fiscal year.
                            ``(iii) Report and publication.--
                        The Secretary of Homeland Security 
                        shall on the same date submit to 
                        Congress and publish in the Federal 
                        Register information relating to the 
                        maximum visa overstay rate established 
                        under clause (i). Not later than 60 
                        days after such date, the Secretary 
                        shall issue a final maximum visa 
                        overstay rate above which a country may 
                        not participate in the program.
            ``(9) Discretionary security-related 
        considerations.--In determining whether to waive the 
        application of paragraph (2)(A) for a country, pursuant 
        to paragraph (8), the Secretary of Homeland Security, 
        in consultation with the Secretary of State, shall take 
        into consideration other factors affecting the security 
        of the United States, including--
                    ``(A) airport security standards in the 
                country;
                    ``(B) whether the country assists in the 
                operation of an effective air marshal program;
                    ``(C) the standards of passports and travel 
                documents issued by the country; and
                    ``(D) other security-related factors, 
                including the country's cooperation with the 
                United States' initiatives toward combating 
                terrorism and the country's cooperation with 
                the United States intelligence community in 
                sharing information regarding terrorist 
                threats.''.
    (d) Security Enhancements to the Visa Waiver Program.--
            (1) In general.--Section 217 of the Immigration and 
        Nationality Act (8 U.S.C. 1187) is amended--
                    (A) in subsection (a), in the flush text 
                following paragraph (9)--
                            (i) by striking ``Operators of 
                        aircraft'' and inserting the following:
            ``(10) Electronic transmission of identification 
        information.--Operators of aircraft''; and
                            (ii) by adding at the end the 
                        following new paragraph:
            ``(11) Eligibility determination under the 
        electronic travel authorization system.--Beginning on 
        the date on which the electronic travel authorization 
        system developed under subsection (h)(3) is fully 
        operational, each alien traveling under the program 
        shall, before applying for admission to the United 
        States, electronically provide to the system 
        biographical information and such other information as 
        the Secretary of Homeland Security shall determine 
        necessary to determine the eligibility of, and whether 
        there exists a law enforcement or security risk in 
        permitting, the alien to travel to the United States. 
        Upon review of such biographical information, the 
        Secretary of Homeland Security shall determine whether 
        the alien is eligible to travel to the United States 
        under the program.'';
                    (B) in subsection (c)--
                            (i) in paragraph (2)--
                                    (I) by amending 
                                subparagraph (D) to read as 
                                follows:
                    ``(D) Reporting lost and stolen 
                passports.--The government of the country 
                enters into an agreement with the United States 
                to report, or make available through Interpol 
                or other means as designated by the Secretary 
                of Homeland Security, to the United States 
                Government information about the theft or loss 
                of passports within a strict time limit and in 
                a manner specified in the agreement.''; and
                                    (II) by adding at the end 
                                the following new 
                                subparagraphs:
                    ``(E) Repatriation of aliens.--The 
                government of the country accepts for 
                repatriation any citizen, former citizen, or 
                national of the country against whom a final 
                executable order of removal is issued not later 
                than three weeks after the issuance of the 
                final order of removal. Nothing in this 
                subparagraph creates any duty for the United 
                States or any right for any alien with respect 
                to removal or release. Nothing in this 
                subparagraph gives rise to any cause of action 
                or claim under this paragraph or any other law 
                against any official of the United States or of 
                any State to compel the release, removal, or 
                consideration for release or removal of any 
                alien.
                    ``(F) Passenger information exchange.--The 
                government of the country enters into an 
                agreement with the United States to share 
                information regarding whether citizens and 
                nationals of that country traveling to the 
                United States represent a threat to the 
                security or welfare of the United States or its 
                citizens.'';
                            (ii) in paragraph (5)--
                                    (I) by striking ``Attorney 
                                General'' each place it appears 
                                and inserting ``Secretary of 
                                Homeland Security''; and
                                    (II) in subparagraph 
                                (A)(i)--
                                            (aa) in subclause 
                                        (II), by striking 
                                        ``and'' at the end;
                                            (bb) in subclause 
                                        (III)--
                                            (AA) by striking 
                                        ``and the Committee on 
                                        International 
                                        Relations'' and 
                                        inserting ``, the 
                                        Committee on Foreign 
                                        Affairs, and the 
                                        Committee on Homeland 
                                        Security,'' and by 
                                        striking ``and the 
                                        Committee on Foreign 
                                        Relations'' and 
                                        inserting ``, the 
                                        Committee on Foreign 
                                        Relations, and the 
                                        Committee on Homeland 
                                        Security and 
                                        Governmental Affairs''; 
                                        and
                                            (BB) by striking 
                                        the period at the end 
                                        and inserting ``; 
                                        and''; and
                                            (cc) by adding at 
                                        the end the following 
                                        new subclause:
                                    ``(IV) shall submit to 
                                Congress a report regarding the 
                                implementation of the 
                                electronic travel authorization 
                                system under subsection (h)(3) 
                                and the participation of new 
                                countries in the program 
                                through a waiver under 
                                paragraph (8).''; and
                                    (III) in subparagraph (B), 
                                by adding at the end the 
                                following new clause:
                            ``(iv) Program suspension 
                        authority.--The Director of National 
                        Intelligence shall immediately inform 
                        the Secretary of Homeland Security of 
                        any current and credible threat which 
                        poses an imminent danger to the United 
                        States or its citizens and originates 
                        from a country participating in the 
                        visa waiver program. Upon receiving 
                        such notification, the Secretary, in 
                        consultation with the Secretary of 
                        State--
                                    ``(I) may suspend a country 
                                from the visa waiver program 
                                without prior notice;
                                    ``(II) shall notify any 
                                country suspended under 
                                subclause (I) and, to the 
                                extent practicable without 
                                disclosing sensitive 
                                intelligence sources and 
                                methods, provide justification 
                                for the suspension; and
                                    ``(III) shall restore the 
                                suspended country's 
                                participation in the visa 
                                waiver program upon a 
                                determination that the threat 
                                no longer poses an imminent 
                                danger to the United States or 
                                its citizens.''; and
                            (iii) by adding at the end the 
                        following new paragraphs:
            ``(10) Technical assistance.--The Secretary of 
        Homeland Security, in consultation with the Secretary 
        of State, shall provide technical assistance to program 
        countries to assist those countries in meeting the 
        requirements under this section. The Secretary of 
        Homeland Security shall ensure that the program office 
        within the Department of Homeland Security is 
        adequately staffed and has resources to be able to 
        provide such technical assistance, in addition to its 
        duties to effectively monitor compliance of the 
        countries participating in the program with all the 
        requirements of the program.
            ``(11) Independent review.--
                    ``(A) In general.--Prior to the admission 
                of a new country into the program under this 
                section, and in conjunction with the periodic 
                evaluations required under subsection 
                (c)(5)(A), the Director of National 
                Intelligence shall conduct an independent 
                intelligence assessment of a nominated country 
                and member of the program.
                    ``(B) Reporting requirement.--The Director 
                shall provide to the Secretary of Homeland 
                Security, the Secretary of State, and the 
                Attorney General the independent intelligence 
                assessment required under subparagraph (A).
                    ``(C) Contents.--The independent 
                intelligence assessment conducted by the 
                Director shall include--
                            ``(i) a review of all current, 
                        credible terrorist threats of the 
                        subject country;
                            ``(ii) an evaluation of the subject 
                        country's counterterrorism efforts;
                            ``(iii) an evaluation as to the 
                        extent of the country's sharing of 
                        information beneficial to suppressing 
                        terrorist movements, financing, or 
                        actions;
                            ``(iv) an assessment of the risks 
                        associated with including the subject 
                        country in the program; and
                            ``(v) recommendations to mitigate 
                        the risks identified in clause (iv).'';
                    (C) in subsection (d)--
                            (i) by striking ``Attorney 
                        General'' and inserting ``Secretary of 
                        Homeland Security''; and
                            (ii) by adding at the end the 
                        following new sentence: ``The Secretary 
                        of Homeland Security may not waive any 
                        eligibility requirement under this 
                        section unless the Secretary notifies, 
                        with respect to the House of 
                        Representatives, the Committee on 
                        Homeland Security, the Committee on the 
                        Judiciary, the Committee on Foreign 
                        Affairs, and the Committee on 
                        Appropriations, and with respect to the 
                        Senate, the Committee on Homeland 
                        Security and Governmental Affairs, the 
                        Committee on the Judiciary, the 
                        Committee on Foreign Relations, and the 
                        Committee on Appropriations not later 
                        than 30 days before the effective date 
                        of such waiver.'';
                    (D) in subsection (f)(5)--
                            (i) by striking ``Attorney 
                        General'' each place it appears and 
                        inserting ``Secretary of Homeland 
                        Security''; and
                            (ii) by striking ``of blank'' and 
                        inserting ``or loss of'';
                    (E) in subsection (h), by adding at the end 
                the following new paragraph:
            ``(3) Electronic travel authorization system.--
                    ``(A) System.--The Secretary of Homeland 
                Security, in consultation with the Secretary of 
                State, shall develop and implement a fully 
                automated electronic travel authorization 
                system (referred to in this paragraph as the 
                `System') to collect such biographical and 
                other information as the Secretary of Homeland 
                Security determines necessary to determine, in 
                advance of travel, the eligibility of, and 
                whether there exists a law enforcement or 
                security risk in permitting, the alien to 
                travel to the United States.
                    ``(B) Fees.--The Secretary of Homeland 
                Security may charge a fee for the use of the 
                System, which shall be--
                            ``(i) set at a level that will 
                        ensure recovery of the full costs of 
                        providing and administering the System; 
                        and
                            ``(ii) available to pay the costs 
                        incurred to administer the System.
                    ``(C) Validity.--
                            ``(i) Period.--The Secretary of 
                        Homeland Security, in consultation with 
                        the Secretary of State, shall prescribe 
                        regulations that provide for a period, 
                        not to exceed three years, during which 
                        a determination of eligibility to 
                        travel under the program will be valid. 
                        Notwithstanding any other provision 
                        under this section, the Secretary of 
                        Homeland Security may revoke any such 
                        determination at any time and for any 
                        reason.
                            ``(ii) Limitation.--A determination 
                        by the Secretary of Homeland Security 
                        that an alien is eligible to travel to 
                        the United States under the program is 
                        not a determination that the alien is 
                        admissible to the United States.
                            ``(iii) Not a determination of visa 
                        eligibility.--A determination by the 
                        Secretary of Homeland Security that an 
                        alien who applied for authorization to 
                        travel to the United States through the 
                        System is not eligible to travel under 
                        the program is not a determination of 
                        eligibility for a visa to travel to the 
                        United States and shall not preclude 
                        the alien from applying for a visa.
                            ``(iv) Judicial review.--
                        Notwithstanding any other provision of 
                        law, no court shall have jurisdiction 
                        to review an eligibility determination 
                        under the System.
                    ``(D) Report.--Not later than 60 days 
                before publishing notice regarding the 
                implementation of the System in the Federal 
                Register, the Secretary of Homeland Security 
                shall submit a report regarding the 
                implementation of the system to--
                            ``(i) the Committee on Homeland 
                        Security of the House of 
                        Representatives;
                            ``(ii) the Committee on the 
                        Judiciary of the House of 
                        Representatives;
                            ``(iii) the Committee on Foreign 
                        Affairs of the House of 
                        Representatives;
                            ``(iv) the Permanent Select 
                        Committee on Intelligence of the House 
                        of Representatives;
                            ``(v) the Committee on 
                        Appropriations of the House of 
                        Representatives;
                            ``(vi) the Committee on Homeland 
                        Security and Governmental Affairs of 
                        the Senate;
                            ``(vii) the Committee on the 
                        Judiciary of the Senate;
                            ``(viii) the Committee on Foreign 
                        Relations of the Senate;
                            ``(ix) the Select Committee on 
                        Intelligence of the Senate; and
                            ``(x) the Committee on 
                        Appropriations of the Senate.''; and
                    (F) by adding at the end the following new 
                subsection:
    ``(i) Exit System.--
            ``(1) In general.--Not later than one year after 
        the date of the enactment of this subsection, the 
        Secretary of Homeland Security shall establish an exit 
        system that records the departure on a flight leaving 
        the United States of every alien participating in the 
        visa waiver program established under this section.
            ``(2) System requirements.--The system established 
        under paragraph (1) shall--
                    ``(A) match biometric information of the 
                alien against relevant watch lists and 
                immigration information; and
                    ``(B) compare such biometric information 
                against manifest information collected by air 
                carriers on passengers departing the United 
                States to confirm such aliens have departed the 
                United States.
            ``(3) Report.--Not later than 180 days after the 
        date of the enactment of this subsection, the Secretary 
        shall submit to Congress a report that describes--
                    ``(A) the progress made in developing and 
                deploying the exit system established under 
                this subsection; and
                    ``(B) the procedures by which the Secretary 
                shall improve the method of calculating the 
                rates of nonimmigrants who overstay their 
                authorized period of stay in the United 
                States.''.
            (2) Effective date.--Section 217(a)(11) of the 
        Immigration and Nationality Act, as added by paragraph 
        (1)(A)(ii), shall take effect on the date that is 60 
        days after the date on which the Secretary of Homeland 
        Security publishes notice in the Federal Register of 
        the requirement under such paragraph.
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Homeland Security such 
sums as may be necessary to carry out this section and the 
amendments made by this section.

        Subtitle C--Strengthening Terrorism Prevention Programs

SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND 
                    TRAFFICKING CENTER.

    (a) In General.--Section 7202 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is 
amended--
            (1) in subsection (c)(1), by striking ``address'' 
        and inserting ``integrate and disseminate intelligence 
        and information related to'';
            (2) by redesignating subsections (d) and (e) as 
        subsections (g) and (h), respectively; and
            (3) by inserting after subsection (c) the following 
        new subsections:
    ``(d) Director.--The Secretary of Homeland Security shall 
nominate an official of the Government of the United States to 
serve as the Director of the Center, in accordance with the 
requirements of the memorandum of understanding entitled the 
`Human Smuggling and Trafficking Center (HSTC) Charter'.
    ``(e) Staffing of the Center.--
            ``(1) In general.--The Secretary of Homeland 
        Security, in cooperation with heads of other relevant 
        agencies and departments, shall ensure that the Center 
        is staffed with not fewer than 40 full-time equivalent 
        positions, including, as appropriate, detailees from 
        the following:
                    ``(A) Agencies and offices within the 
                Department of Homeland Security, including the 
                following:
                            ``(i) The Office of Intelligence 
                        and Analysis.
                            ``(ii) The Transportation Security 
                        Administration.
                            ``(iii) United States Citizenship 
                        and Immigration Services.
                            ``(iv) United States Customs and 
                        Border Protection.
                            ``(v) The United States Coast 
                        Guard.
                            ``(vi) United States Immigration 
                        and Customs Enforcement.
                    ``(B) Other departments, agencies, or 
                entities, including the following:
                            ``(i) The Central Intelligence 
                        Agency.
                            ``(ii) The Department of Defense.
                            ``(iii) The Department of the 
                        Treasury.
                            ``(iv) The National 
                        Counterterrorism Center.
                            ``(v) The National Security Agency.
                            ``(vi) The Department of Justice.
                            ``(vii) The Department of State.
                            ``(viii) Any other relevant agency 
                        or department.
            ``(2) Expertise of detailees.--The Secretary of 
        Homeland Security, in cooperation with the head of each 
        agency, department, or other entity referred to in 
        paragraph (1), shall ensure that the detailees provided 
        to the Center under such paragraph include an adequate 
        number of personnel who are--
                    ``(A) intelligence analysts or special 
                agents with demonstrated experience related to 
                human smuggling, trafficking in persons, or 
                terrorist travel; and
                    ``(B) personnel with experience in the 
                areas of--
                            ``(i) consular affairs;
                            ``(ii) counterterrorism;
                            ``(iii) criminal law enforcement;
                            ``(iv) intelligence analysis;
                            ``(v) prevention and detection of 
                        document fraud;
                            ``(vi) border inspection;
                            ``(vii) immigration enforcement; or
                            ``(viii) human trafficking and 
                        combating severe forms of trafficking 
                        in persons.
            ``(3) Enhanced personnel management.--
                    ``(A) Incentives for service in certain 
                positions.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security, and the heads of 
                        other relevant agencies, shall 
                        prescribe regulations or promulgate 
                        personnel policies to provide 
                        incentives for service on the staff of 
                        the Center, particularly for serving 
                        terms of at least two years duration.
                            ``(ii) Forms of incentives.--
                        Incentives under clause (i) may include 
                        financial incentives, bonuses, and such 
                        other awards and incentives as the 
                        Secretary and the heads of other 
                        relevant agencies, consider 
                        appropriate.
                    ``(B) Enhanced promotion for service at the 
                center.--Notwithstanding any other provision of 
                law, the Secretary of Homeland Security, and 
                the heads of other relevant agencies, shall 
                ensure that personnel who are assigned or 
                detailed to service at the Center shall be 
                considered for promotion at rates equivalent to 
                or better than similarly situated personnel of 
                such agencies who are not so assigned or 
                detailed, except that this subparagraph shall 
                not apply in the case of personnel who are 
                subject to the provisions of the Foreign 
                Service Act of 1980.
    ``(f) Administrative Support and Funding.--The Secretary of 
Homeland Security shall provide to the Center the 
administrative support and funding required for its 
maintenance, including funding for personnel, leasing of office 
space, supplies, equipment, technology, training, and travel 
expenses necessary for the Center to carry out its 
functions.''.
    (b) Report.--Subsection (g) of section 7202 of the 
Intelligence Reform and Terrorism Prevention Act of 2004, as 
redesignated by subsection (a)(2), is amended to read as 
follows:
    ``(g) Report.--
            ``(1) Initial report.--Not later than 180 days 
        after December 17, 2004, the President shall transmit 
        to Congress a report regarding the implementation of 
        this section, including a description of the staffing 
        and resource needs of the Center.
            ``(2) Follow-up report.--Not later than 180 days 
        after the date of the enactment of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007, the 
        President shall transmit to Congress a report regarding 
        the operation of the Center and the activities carried 
        out by the Center, including a description of--
                    ``(A) the roles and responsibilities of 
                each agency or department that is participating 
                in the Center;
                    ``(B) the mechanisms used to share 
                information among each such agency or 
                department;
                    ``(C) the personnel provided to the Center 
                by each such agency or department;
                    ``(D) the type of information and reports 
                being disseminated by the Center;
                    ``(E) any efforts by the Center to create a 
                centralized Federal Government database to 
                store information related to unlawful travel of 
                foreign nationals, including a description of 
                any such database and of the manner in which 
                information utilized in such a database would 
                be collected, stored, and shared;
                    ``(F) how each agency and department shall 
                utilize its resources to ensure that the Center 
                uses intelligence to focus and drive its 
                efforts;
                    ``(G) efforts to consolidate networked 
                systems for the Center;
                    ``(H) the mechanisms for the sharing of 
                homeland security information from the Center 
                to the Office of Intelligence and Analysis, 
                including how such sharing shall be consistent 
                with section 1016(b);
                    ``(I) the ability of participating 
                personnel in the Center to freely access 
                necessary databases and share information 
                regarding issues related to human smuggling, 
                trafficking in persons, and terrorist travel;
                    ``(J) how the assignment of personnel to 
                the Center is incorporated into the civil 
                service career path of such personnel; and
                    ``(K) cooperation and coordination efforts, 
                including any memorandums of understanding, 
                among participating agencies and departments 
                regarding issues related to human smuggling, 
                trafficking in persons, and terrorist 
                travel.''.
    (c) Coordination With the Office of Intelligence and 
Analysis.--Section 7202 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 is amended by adding after 
subsection (h), as redesignated by subsection (a)(2), the 
following new subsection:
    ``(i) Coordination With the Office of Intelligence and 
Analysis.--The Office of Intelligence and Analysis, in 
coordination with the Center, shall submit to relevant State, 
local, and tribal law enforcement agencies periodic reports 
regarding terrorist threats related to human smuggling, human 
trafficking, and terrorist travel.''.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Homeland Security 
$20,000,000 for fiscal year 2008 to carry out section 7202 of 
the Intelligence Reform and Terrorism Prevention Act of 2004, 
as amended by this section.

SEC. 722. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.

    Section 7215 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. 123) is amended to read as 
follows:

``SEC. 7215. TERRORIST TRAVEL PROGRAM.

    ``(a) Requirement To Establish.--Not later than 90 days 
after the date of the enactment of the Implementing 
Recommendations of the 9/11 Commission Act of 2007, the 
Secretary of Homeland Security, in consultation with the 
Director of the National Counterterrorism Center and consistent 
with the strategy developed under section 7201, shall establish 
a program to oversee the implementation of the Secretary's 
responsibilities with respect to terrorist travel.
    ``(b) Head of the Program.--The Secretary of Homeland 
Security shall designate an official of the Department of 
Homeland Security to be responsible for carrying out the 
program. Such official shall be--
            ``(1) the Assistant Secretary for Policy of the 
        Department of Homeland Security; or
            ``(2) an official appointed by the Secretary who 
        reports directly to the Secretary.
    ``(c) Duties.--The official designated under subsection (b) 
shall assist the Secretary of Homeland Security in improving 
the Department's ability to prevent terrorists from entering 
the United States or remaining in the United States undetected 
by--
            ``(1) developing relevant strategies and policies;
            ``(2) reviewing the effectiveness of existing 
        programs and recommending improvements, if necessary;
            ``(3) making recommendations on budget requests and 
        on the allocation of funding and personnel;
            ``(4) ensuring effective coordination, with respect 
        to policies, programs, planning, operations, and 
        dissemination of intelligence and information related 
        to terrorist travel--
                    ``(A) among appropriate subdivisions of the 
                Department of Homeland Security, as determined 
                by the Secretary and including--
                            ``(i) United States Customs and 
                        Border Protection;
                            ``(ii) United States Immigration 
                        and Customs Enforcement;
                            ``(iii) United States Citizenship 
                        and Immigration Services;
                            ``(iv) the Transportation Security 
                        Administration; and
                            ``(v) the United States Coast 
                        Guard; and
                    ``(B) between the Department of Homeland 
                Security and other appropriate Federal 
                agencies; and
            ``(5) serving as the Secretary's primary point of 
        contact with the National Counterterrorism Center for 
        implementing initiatives related to terrorist travel 
        and ensuring that the recommendations of the Center 
        related to terrorist travel are carried out by the 
        Department.
    ``(d) Report.--Not later than 180 days after the date of 
the enactment of the Implementing Recommendations of the 9/11 
Commission Act of 2007, the Secretary of Homeland Security 
shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives a report on 
the implementation of this section.''.

SEC. 723. ENHANCED DRIVER'S LICENSE.

    Section 7209(b)(1) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (8 U.S.C. 1185 note) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (vi), by striking ``and'' at 
                the end;
                    (B) in clause (vii), by striking the period 
                at the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                clause:
                            ``(viii) the signing of a 
                        memorandum of agreement to initiate a 
                        pilot program with not less than one 
                        State to determine if an enhanced 
                        driver's license, which is machine-
                        readable and tamper proof, not valid 
                        for certification of citizenship for 
                        any purpose other than admission into 
                        the United States from Canada or 
                        Mexico, and issued by such State to an 
                        individual, may permit the individual 
                        to use the driver's license to meet the 
                        documentation requirements under 
                        subparagraph (A) for entry into the 
                        United States from Canada or Mexico at 
                        land and sea ports of entry.''; and
            (2) by adding at the end the following new 
        subparagraph:
                    ``(C) Report.--Not later than 180 days 
                after the initiation of the pilot program 
                described in subparagraph (B)(viii), the 
                Secretary of Homeland Security and the 
                Secretary of State shall submit to the 
                appropriate congressional committees a report 
                which includes--
                            ``(i) an analysis of the impact of 
                        the pilot program on national security;
                            ``(ii) recommendations on how to 
                        expand the pilot program to other 
                        States;
                            ``(iii) any appropriate statutory 
                        changes to facilitate the expansion of 
                        the pilot program to additional States 
                        and to citizens of Canada;
                            ``(iv) a plan to screen individuals 
                        participating in the pilot program 
                        against United States terrorist watch 
                        lists; and
                            ``(v) a recommendation for the type 
                        of machine-readable technology that 
                        should be used in enhanced driver's 
                        licenses, based on individual privacy 
                        considerations and the costs and 
                        feasibility of incorporating any new 
                        technology into existing driver's 
                        licenses.''.

SEC. 724. WESTERN HEMISPHERE TRAVEL INITIATIVE.

    Before the Secretary of Homeland Security publishes a final 
rule in the Federal Register implementing section 7209 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458; 8 U.S.C. 1185 note)--
            (1) the Secretary of Homeland Security shall 
        complete a cost-benefit analysis of the Western 
        Hemisphere Travel Initiative, authorized under such 
        section 7209; and
            (2) the Secretary of State shall develop proposals 
        for reducing the execution fee charged for the passport 
        card, proposed at 71 Fed. Reg. 60928-32 (October 17, 
        2006), including the use of mobile application teams, 
        during implementation of the land and sea phase of the 
        Western Hemisphere Travel Initiative, in order to 
        encourage United States citizens to apply for the 
        passport card.

SEC. 725. MODEL PORTS-OF-ENTRY.

    (a) In General.--The Secretary of Homeland Security shall--
            (1) establish a model ports-of-entry program for 
        the purpose of providing a more efficient and welcoming 
        international arrival process in order to facilitate 
        and promote business and tourist travel to the United 
        States, while also improving security; and
            (2) implement the program initially at the 20 
        United States international airports that have the 
        highest number of foreign visitors arriving annually as 
        of the date of the enactment of this Act.
    (b) Program Elements.--The program shall include--
            (1) enhanced queue management in the Federal 
        Inspection Services area leading up to primary 
        inspection;
            (2) assistance for foreign travelers once they have 
        been admitted to the United States, in consultation, as 
        appropriate, with relevant governmental and 
        nongovernmental entities; and
            (3) instructional videos, in English and such other 
        languages as the Secretary determines appropriate, in 
        the Federal Inspection Services area that explain the 
        United States inspection process and feature national, 
        regional, or local welcome videos.
    (c) Additional Customs and Border Protection Officers for 
High-Volume Ports.--Subject to the availability of 
appropriations, not later than the end of fiscal year 2008 the 
Secretary of Homeland Security shall employ not fewer than an 
additional 200 Customs and Border Protection officers over the 
number of such positions for which funds were appropriated for 
the proceeding fiscal year to address staff shortages at the 20 
United States international airports that have the highest 
number of foreign visitors arriving annually as of the date of 
the enactment of this Act.

                  Subtitle D--Miscellaneous Provisions

SEC. 731. REPORT REGARDING BORDER SECURITY.

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

                TITLE VIII--PRIVACY AND CIVIL LIBERTIES

SEC. 801. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND CIVIL 
                    LIBERTIES OVERSIGHT BOARD.

    (a) Modification of Authorities.--Section 1061 of the 
National Security Intelligence Reform Act of 2004 (5 U.S.C. 601 
note) is amended to read as follows:

``SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

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

SEC. 802. DEPARTMENT PRIVACY OFFICER.

    Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 
142) is amended--
            (1) by inserting ``(a) Appointment and 
        Responsibilities.--'' before ``The Secretary''; and
            (2) by adding at the end the following:
    ``(b) Authority To Investigate.--
            ``(1) In general.--The senior official appointed 
        under subsection (a) may--
                    ``(A) have access to all records, reports, 
                audits, reviews, documents, papers, 
                recommendations, and other materials available 
                to the Department that relate to programs and 
                operations with respect to the responsibilities 
                of the senior official under this section;
                    ``(B) make such investigations and reports 
                relating to the administration of the programs 
                and operations of the Department as are, in the 
                senior official's judgment, necessary or 
                desirable;
                    ``(C) subject to the approval of the 
                Secretary, require by subpoena the production, 
                by any person other than a Federal agency, of 
                all information, documents, reports, answers, 
                records, accounts, papers, and other data and 
                documentary evidence necessary to performance 
                of the responsibilities of the senior official 
                under this section; and
                    ``(D) administer to or take from any person 
                an oath, affirmation, or affidavit, whenever 
                necessary to performance of the 
                responsibilities of the senior official under 
                this section.
            ``(2) Enforcement of subpoenas.--Any subpoena 
        issued under paragraph (1)(C) shall, in the case of 
        contumacy or refusal to obey, be enforceable by order 
        of any appropriate United States district court.
            ``(3) Effect of oaths.--Any oath, affirmation, or 
        affidavit administered or taken under paragraph (1)(D) 
        by or before an employee of the Privacy Office 
        designated for that purpose by the senior official 
        appointed under subsection (a) shall have the same 
        force and effect as if administered or taken by or 
        before an officer having a seal of office.
    ``(c) Supervision and Coordination.--
            ``(1) In general.--The senior official appointed 
        under subsection (a) shall--
                    ``(A) report to, and be under the general 
                supervision of, the Secretary; and
                    ``(B) coordinate activities with the 
                Inspector General of the Department in order to 
                avoid duplication of effort.
            ``(2) Coordination with the inspector general.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the senior official appointed 
                under subsection (a) may investigate any matter 
                relating to possible violations or abuse 
                concerning the administration of any program or 
                operation of the Department relevant to the 
                purposes under this section.
                    ``(B) Coordination.--
                            ``(i) Referral.--Before initiating 
                        any investigation described under 
                        subparagraph (A), the senior official 
                        shall refer the matter and all related 
                        complaints, allegations, and 
                        information to the Inspector General of 
                        the Department.
                            ``(ii) Determinations and 
                        notifications by the inspector 
                        general.--
                                    ``(I) In general.--Not 
                                later than 30 days after the 
                                receipt of a matter referred 
                                under clause (i), the Inspector 
                                General shall--
                                            ``(aa) make a 
                                        determination regarding 
                                        whether the Inspector 
                                        General intends to 
                                        initiate an audit or 
                                        investigation of the 
                                        matter referred under 
                                        clause (i); and
                                            ``(bb) notify the 
                                        senior official of that 
                                        determination.
                                    ``(II) Investigation not 
                                initiated.--If the Inspector 
                                General notifies the senior 
                                official under subclause 
                                (I)(bb) that the Inspector 
                                General intended to initiate an 
                                audit or investigation, but 
                                does not initiate that audit or 
                                investigation within 90 days 
                                after providing that 
                                notification, the Inspector 
                                General shall further notify 
                                the senior official that an 
                                audit or investigation was not 
                                initiated. The further 
                                notification under this 
                                subclause shall be made not 
                                later than 3 days after the end 
                                of that 90-day period.
                            ``(iii) Investigation by senior 
                        official.--The senior official may 
                        investigate a matter referred under 
                        clause (i) if--
                                    ``(I) the Inspector General 
                                notifies the senior official 
                                under clause (ii)(I)(bb) that 
                                the Inspector General does not 
                                intend to initiate an audit or 
                                investigation relating to that 
                                matter; or
                                    ``(II) the Inspector 
                                General provides a further 
                                notification under clause 
                                (ii)(II) relating to that 
                                matter.
                            ``(iv) Privacy training.--Any 
                        employee of the Office of Inspector 
                        General who audits or investigates any 
                        matter referred under clause (i) shall 
                        be required to receive adequate 
                        training on privacy laws, rules, and 
                        regulations, to be provided by an 
                        entity approved by the Inspector 
                        General in consultation with the senior 
                        official appointed under subsection 
                        (a).
    ``(d) Notification to Congress on Removal.--If the 
Secretary removes the senior official appointed under 
subsection (a) or transfers that senior official to another 
position or location within the Department, the Secretary 
shall--
            ``(1) promptly submit a written notification of the 
        removal or transfer to Houses of Congress; and
            ``(2) include in any such notification the reasons 
        for the removal or transfer.
    ``(e) Reports by Senior Official to Congress.--The senior 
official appointed under subsection (a) shall--
            ``(1) submit reports directly to the Congress 
        regarding performance of the responsibilities of the 
        senior official under this section, without any prior 
        comment or amendment by the Secretary, Deputy 
        Secretary, or any other officer or employee of the 
        Department or the Office of Management and Budget; and
            ``(2) inform the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives not 
        later than--
                    ``(A) 30 days after the Secretary 
                disapproves the senior official's request for a 
                subpoena under subsection (b)(1)(C) or the 
                Secretary substantively modifies the requested 
                subpoena; or
                    ``(B) 45 days after the senior official's 
                request for a subpoena under subsection 
                (b)(1)(C), if that subpoena has not either been 
                approved or disapproved by the Secretary.''.

SEC. 803. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    (a) In General.--Section 1062 of the National Security 
Intelligence Reform Act of 2004 (title I of Public Law 108-458; 
118 Stat. 3688) is amended to read as follows:

``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    ``(a) Designation and Functions.--The Attorney General, the 
Secretary of Defense, the Secretary of State, the Secretary of 
the Treasury, the Secretary of Health and Human Services, the 
Secretary of Homeland Security, the Director of National 
Intelligence, the Director of the Central Intelligence Agency, 
and the head of any other department, agency, or element of the 
executive branch designated by the Privacy and Civil Liberties 
Oversight Board under section 1061 to be appropriate for 
coverage under this section shall designate not less than 1 
senior officer to serve as the principal advisor to--
            ``(1) assist the head of such department, agency, 
        or element and other officials of such department, 
        agency, or element in appropriately considering privacy 
        and civil liberties concerns when such officials are 
        proposing, developing, or implementing laws, 
        regulations, policies, procedures, or guidelines 
        related to efforts to protect the Nation against 
        terrorism;
            ``(2) periodically investigate and review 
        department, agency, or element actions, policies, 
        procedures, guidelines, and related laws and their 
        implementation to ensure that such department, agency, 
        or element is adequately considering privacy and civil 
        liberties in its actions;
            ``(3) ensure that such department, agency, or 
        element has adequate procedures to receive, 
        investigate, respond to, and redress complaints from 
        individuals who allege such department, agency, or 
        element has violated their privacy or civil liberties; 
        and
            ``(4) in providing advice on proposals to retain or 
        enhance a particular governmental power the officer 
        shall consider whether such department, agency, or 
        element has established--
                    ``(A) that the need for the power is 
                balanced with the need to protect privacy and 
                civil liberties;
                    ``(B) that there is adequate supervision of 
                the use by such department, agency, or element 
                of the power to ensure protection of privacy 
                and civil liberties; and
                    ``(C) that there are adequate guidelines 
                and oversight to properly confine its use.
    ``(b) Exception to Designation Authority.--
            ``(1) Privacy officers.--In any department, agency, 
        or element referred to in subsection (a) or designated 
        by the Privacy and Civil Liberties Oversight Board, 
        which has a statutorily created privacy officer, such 
        officer shall perform the functions specified in 
        subsection (a) with respect to privacy.
            ``(2) Civil liberties officers.--In any department, 
        agency, or element referred to in subsection (a) or 
        designated by the Board, which has a statutorily 
        created civil liberties officer, such officer shall 
        perform the functions specified in subsection (a) with 
        respect to civil liberties.
    ``(c) Supervision and Coordination.--Each privacy officer 
or civil liberties officer described in subsection (a) or (b) 
shall--
            ``(1) report directly to the head of the 
        department, agency, or element concerned; and
            ``(2) coordinate their activities with the 
        Inspector General of such department, agency, or 
        element to avoid duplication of effort.
    ``(d) Agency Cooperation.--The head of each department, 
agency, or element shall ensure that each privacy officer and 
civil liberties officer--
            ``(1) has the information, material, and resources 
        necessary to fulfill the functions of such officer;
            ``(2) is advised of proposed policy changes;
            ``(3) is consulted by decision makers; and
            ``(4) is given access to material and personnel the 
        officer determines to be necessary to carry out the 
        functions of such officer.
    ``(e) Reprisal for Making Complaint.--No action 
constituting a reprisal, or threat of reprisal, for making a 
complaint or for disclosing information to a privacy officer or 
civil liberties officer described in subsection (a) or (b), or 
to the Privacy and Civil Liberties Oversight Board, that 
indicates a possible violation of privacy protections or civil 
liberties in the administration of the programs and operations 
of the Federal Government relating to efforts to protect the 
Nation from terrorism shall be taken by any Federal employee in 
a position to take such action, unless the complaint was made 
or the information was disclosed with the knowledge that it was 
false or with willful disregard for its truth or falsity.
    ``(f) Periodic Reports.--
            ``(1) In general.--The privacy officers and civil 
        liberties officers of each department, agency, or 
        element referred to or described in subsection (a) or 
        (b) shall periodically, but not less than quarterly, 
        submit a report on the activities of such officers--
                    ``(A)(i) to the appropriate committees of 
                Congress, including the Committee on the 
                Judiciary of the Senate, the Committee on the 
                Judiciary of the House of Representatives, the 
                Committee on Homeland Security and Governmental 
                Affairs of the Senate, the Committee on 
                Oversight and Government Reform of the House of 
                Representatives, the Select Committee on 
                Intelligence of the Senate, and the Permanent 
                Select Committee on Intelligence of the House 
                of Representatives;
                    ``(ii) to the head of such department, 
                agency, or element; and
                    ``(iii) to the Privacy and Civil Liberties 
                Oversight Board; and
                    ``(B) which shall be in unclassified form 
                to the greatest extent possible, with a 
                classified annex where necessary.
            ``(2) Contents.--Each report submitted under 
        paragraph (1) shall include information on the 
        discharge of each of the functions of the officer 
        concerned, including--
                    ``(A) information on the number and types 
                of reviews undertaken;
                    ``(B) the type of advice provided and the 
                response given to such advice;
                    ``(C) the number and nature of the 
                complaints received by the department, agency, 
                or element concerned for alleged violations; 
                and
                    ``(D) a summary of the disposition of such 
                complaints, the reviews and inquiries 
                conducted, and the impact of the activities of 
                such officer.
    ``(g) Informing the Public.--Each privacy officer and civil 
liberties officer shall--
            ``(1) make the reports of such officer, including 
        reports to Congress, available to the public to the 
        greatest extent that is consistent with the protection 
        of classified information and applicable law; and
            ``(2) otherwise inform the public of the activities 
        of such officer, as appropriate and in a manner 
        consistent with the protection of classified 
        information and applicable law.
    ``(h) Savings Clause.--Nothing in this section shall be 
construed to limit or otherwise supplant any other authorities 
or responsibilities provided by law to privacy officers or 
civil liberties officers.''.
    (b) Clerical Amendment.--The table of contents for the 
Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458) is amended by striking the item relating 
to section 1062 and inserting the following new item:

``Sec. 1062. Privacy and civil liberties officers.''.

SEC. 804. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.

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

                 TITLE IX--PRIVATE SECTOR PREPAREDNESS

SEC. 901. PRIVATE SECTOR PREPAREDNESS.

    (a) In General.--Title V of the Homeland Security Act of 
2002 (6 U.S.C. 311 et seq.), as amended by section 409, is 
further amended by adding at the end the following:

``SEC. 523. GUIDANCE AND RECOMMENDATIONS.

    ``(a) In General.--Consistent with their responsibilities 
and authorities under law, as of the day before the date of the 
enactment of this section, the Administrator and the Assistant 
Secretary for Infrastructure Protection, in consultation with 
the private sector, may develop guidance or recommendations and 
identify best practices to assist or foster action by the 
private sector in--
            ``(1) identifying potential hazards and assessing 
        risks and impacts;
            ``(2) mitigating the impact of a wide variety of 
        hazards, including weapons of mass destruction;
            ``(3) managing necessary emergency preparedness and 
        response resources;
            ``(4) developing mutual aid agreements;
            ``(5) developing and maintaining emergency 
        preparedness and response plans, and associated 
        operational procedures;
            ``(6) developing and conducting training and 
        exercises to support and evaluate emergency 
        preparedness and response plans and operational 
        procedures;
            ``(7) developing and conducting training programs 
        for security guards to implement emergency preparedness 
        and response plans and operations procedures; and
            ``(8) developing procedures to respond to requests 
        for information from the media or the public.
    ``(b) Issuance and Promotion.--Any guidance or 
recommendations developed or best practices identified under 
subsection (a) shall be--
            ``(1) issued through the Administrator; and
            ``(2) promoted by the Secretary to the private 
        sector.
    ``(c) Small Business Concerns.--In developing guidance or 
recommendations or identifying best practices under subsection 
(a), the Administrator and the Assistant Secretary for 
Infrastructure Protection shall take into consideration small 
business concerns (under the meaning given that term in section 
3 of the Small Business Act (15 U.S.C. 632)), including any 
need for separate guidance or recommendations or best 
practices, as necessary and appropriate.
    ``(d) Rule of Construction.--Nothing in this section may be 
construed to supersede any requirement established under any 
other provision of law.

``SEC. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND 
                    CERTIFICATION PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary, acting through 
        the officer designated under paragraph (2), shall 
        establish and implement the voluntary private sector 
        preparedness accreditation and certification program in 
        accordance with this section.
            ``(2) Designation of officer.--The Secretary shall 
        designate an officer responsible for the accreditation 
        and certification program under this section. Such 
        officer (hereinafter referred to in this section as the 
        `designated officer') shall be one of the following:
                    ``(A) The Administrator, based on 
                consideration of--
                            ``(i) the expertise of the 
                        Administrator in emergency management 
                        and preparedness in the United States; 
                        and
                            ``(ii) the responsibilities of the 
                        Administrator as the principal advisor 
                        to the President for all matters 
                        relating to emergency management in the 
                        United States.
                    ``(B) The Assistant Secretary for 
                Infrastructure Protection, based on 
                consideration of the expertise of the Assistant 
                Secretary in, and responsibilities for--
                            ``(i) protection of critical 
                        infrastructure;
                            ``(ii) risk assessment 
                        methodologies; and
                            ``(iii) interacting with the 
                        private sector on the issues described 
                        in clauses (i) and (ii).
                    ``(C) The Under Secretary for Science and 
                Technology, based on consideration of the 
                expertise of the Under Secretary in, and 
                responsibilities associated with, standards.
            ``(3) Coordination.--In carrying out the 
        accreditation and certification program under this 
        section, the designated officer shall coordinate with--
                    ``(A) the other officers of the Department 
                referred to in paragraph (2), using the 
                expertise and responsibilities of such 
                officers; and
                    ``(B) the Special Assistant to the 
                Secretary for the Private Sector, based on 
                consideration of the expertise of the Special 
                Assistant in, and responsibilities for, 
                interacting with the private sector.
    ``(b) Voluntary Private Sector Preparedness Standards; 
Voluntary Accreditation and Certification Program for the 
Private Sector.--
            ``(1) Accreditation and certification program.--Not 
        later than 210 days after the date of enactment of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007, the designated officer shall--
                    ``(A) begin supporting the development and 
                updating, as necessary, of voluntary 
                preparedness standards through appropriate 
                organizations that coordinate or facilitate the 
                development and use of voluntary consensus 
                standards and voluntary consensus standards 
                development organizations; and
                    ``(B) in consultation with representatives 
                of appropriate organizations that coordinate or 
                facilitate the development and use of voluntary 
                consensus standards, appropriate voluntary 
                consensus standards development organizations, 
                each private sector advisory council created 
                under section 102(f)(4), appropriate 
                representatives of State and local governments, 
                including emergency management officials, and 
                appropriate private sector advisory groups, 
                such as sector coordinating councils and 
                information sharing and analysis centers--
                            ``(i) develop and promote a program 
                        to certify the preparedness of private 
                        sector entities that voluntarily choose 
                        to seek certification under the 
                        program; and
                            ``(ii) implement the program under 
                        this subsection through any entity with 
                        which the designated officer enters 
                        into an agreement under paragraph 
                        (3)(A), which shall accredit third 
                        parties to carry out the certification 
                        process under this section.
            ``(2) Program elements.--
                    ``(A) In general.--
                            ``(i) Program.--The program 
                        developed and implemented under this 
                        subsection shall assess whether a 
                        private sector entity complies with 
                        voluntary preparedness standards.
                            ``(ii) Guidelines.--In developing 
                        the program under this subsection, the 
                        designated officer shall develop 
                        guidelines for the accreditation and 
                        certification processes established 
                        under this subsection.
                    ``(B) Standards.--The designated officer, 
                in consultation with representatives of 
                appropriate organizations that coordinate or 
                facilitate the development and use of voluntary 
                consensus standards, representatives of 
                appropriate voluntary consensus standards 
                development organizations, each private sector 
                advisory council created under section 
                102(f)(4), appropriate representatives of State 
                and local governments, including emergency 
                management officials, and appropriate private 
                sector advisory groups such as sector 
                coordinating councils and information sharing 
                and analysis centers--
                            ``(i) shall adopt one or more 
                        appropriate voluntary preparedness 
                        standards that promote preparedness, 
                        which may be tailored to address the 
                        unique nature of various sectors within 
                        the private sector, as necessary and 
                        appropriate, that shall be used in the 
                        accreditation and certification program 
                        under this subsection; and
                            ``(ii) after the adoption of one or 
                        more standards under clause (i), may 
                        adopt additional voluntary preparedness 
                        standards or modify or discontinue the 
                        use of voluntary preparedness standards 
                        for the accreditation and certification 
                        program, as necessary and appropriate 
                        to promote preparedness.
                    ``(C) Submission of recommendations.--In 
                adopting one or more standards under 
                subparagraph (B), the designated officer may 
                receive recommendations from any entity 
                described in that subparagraph relating to 
                appropriate voluntary preparedness standards, 
                including appropriate sector specific 
                standards, for adoption in the program.
                    ``(D) Small business concerns.--The 
                designated officer and any entity with which 
                the designated officer enters into an agreement 
                under paragraph (3)(A) shall establish separate 
                classifications and methods of certification 
                for small business concerns (under the meaning 
                given that term in section 3 of the Small 
                Business Act (15 U.S.C. 632)) for the program 
                under this subsection.
                    ``(E) Considerations.--In developing and 
                implementing the program under this subsection, 
                the designated officer shall--
                            ``(i) consider the unique nature of 
                        various sectors within the private 
                        sector, including preparedness 
                        standards, business continuity 
                        standards, or best practices, 
                        established--
                                    ``(I) under any other 
                                provision of Federal law; or
                                    ``(II) by any sector-
                                specific agency, as defined 
                                under Homeland Security 
                                Presidential Directive-7; and
                            ``(ii) coordinate the program, as 
                        appropriate, with--
                                    ``(I) other Department 
                                private sector related 
                                programs; and
                                    ``(II) preparedness and 
                                business continuity programs in 
                                other Federal agencies.
            ``(3) Accreditation and certification processes.--
                    ``(A) Agreement.--
                            ``(i) In general.--Not later than 
                        210 days after the date of enactment of 
                        the Implementing Recommendations of the 
                        9/11 Commission Act of 2007, the 
                        designated officer shall enter into one 
                        or more agreements with a highly 
                        qualified nongovernmental entity with 
                        experience or expertise in coordinating 
                        and facilitating the development and 
                        use of voluntary consensus standards 
                        and in managing or implementing 
                        accreditation and certification 
                        programs for voluntary consensus 
                        standards, or a similarly qualified 
                        private sector entity, to carry out 
                        accreditations and oversee the 
                        certification process under this 
                        subsection. An entity entering into an 
                        agreement with the designated officer 
                        under this clause (hereinafter referred 
                        to in this section as a `selected 
                        entity') shall not perform 
                        certifications under this subsection.
                            ``(ii) Contents.--A selected entity 
                        shall manage the accreditation process 
                        and oversee the certification process 
                        in accordance with the program 
                        established under this subsection and 
                        accredit qualified third parties to 
                        carry out the certification program 
                        established under this subsection.
                    ``(B) Procedures and requirements for 
                accreditation and certification.--
                            ``(i) In general.--Any selected 
                        entity shall collaborate to develop 
                        procedures and requirements for the 
                        accreditation and certification 
                        processes under this subsection, in 
                        accordance with the program established 
                        under this subsection and guidelines 
                        developed under paragraph (2)(A)(ii).
                            ``(ii) Contents and use.--The 
                        procedures and requirements developed 
                        under clause (i) shall--
                                    ``(I) ensure reasonable 
                                uniformity in any accreditation 
                                and certification processes if 
                                there is more than one selected 
                                entity; and
                                    ``(II) be used by any 
                                selected entity in conducting 
                                accreditations and overseeing 
                                the certification process under 
                                this subsection.
                            ``(iii) Disagreement.--Any 
                        disagreement among selected entities in 
                        developing procedures under clause (i) 
                        shall be resolved by the designated 
                        officer.
                    ``(C) Designation.--A selected entity may 
                accredit any qualified third party to carry out 
                the certification process under this 
                subsection.
                    ``(D) Disadvantaged business involvement.--
                In accrediting qualified third parties to carry 
                out the certification process under this 
                subsection, a selected entity shall ensure, to 
                the extent practicable, that the third parties 
                include qualified small, minority, women-owned, 
                or disadvantaged business concerns when 
                appropriate. The term `disadvantaged business 
                concern' means a small business that is owned 
                and controlled by socially and economically 
                disadvantaged individuals, as defined in 
                section 124 of title 13, United States Code of 
                Federal Regulations.
                    ``(E) Treatment of other certifications.--
                At the request of any entity seeking 
                certification, any selected entity may 
                consider, as appropriate, other relevant 
                certifications acquired by the entity seeking 
                certification. If the selected entity 
                determines that such other certifications are 
                sufficient to meet the certification 
                requirement or aspects of the certification 
                requirement under this section, the selected 
                entity may give credit to the entity seeking 
                certification, as appropriate, to avoid 
                unnecessarily duplicative certification 
                requirements.
                    ``(F) Third parties.--To be accredited 
                under subparagraph (C), a third party shall--
                            ``(i) demonstrate that the third 
                        party has the ability to certify 
                        private sector entities in accordance 
                        with the procedures and requirements 
                        developed under subparagraph (B);
                            ``(ii) agree to perform 
                        certifications in accordance with such 
                        procedures and requirements;
                            ``(iii) agree not to have any 
                        beneficial interest in or any direct or 
                        indirect control over--
                                    ``(I) a private sector 
                                entity for which that third 
                                party conducts a certification 
                                under this subsection; or
                                    ``(II) any organization 
                                that provides preparedness 
                                consulting services to private 
                                sector entities;
                            ``(iv) agree not to have any other 
                        conflict of interest with respect to 
                        any private sector entity for which 
                        that third party conducts a 
                        certification under this subsection;
                            ``(v) maintain liability insurance 
                        coverage at policy limits in accordance 
                        with the requirements developed under 
                        subparagraph (B); and
                            ``(vi) enter into an agreement with 
                        the selected entity accrediting that 
                        third party to protect any proprietary 
                        information of a private sector entity 
                        obtained under this subsection.
                    ``(G) Monitoring.--
                            ``(i) In general.--The designated 
                        officer and any selected entity shall 
                        regularly monitor and inspect the 
                        operations of any third party 
                        conducting certifications under this 
                        subsection to ensure that the third 
                        party is complying with the procedures 
                        and requirements established under 
                        subparagraph (B) and all other 
                        applicable requirements.
                            ``(ii) Revocation.--If the 
                        designated officer or any selected 
                        entity determines that a third party is 
                        not meeting the procedures or 
                        requirements established under 
                        subparagraph (B), the selected entity 
                        shall--
                                    ``(I) revoke the 
                                accreditation of that third 
                                party to conduct certifications 
                                under this subsection; and
                                    ``(II) review any 
                                certification conducted by that 
                                third party, as necessary and 
                                appropriate.
            ``(4) Annual review.--
                    ``(A) In general.--The designated officer, 
                in consultation with representatives of 
                appropriate organizations that coordinate or 
                facilitate the development and use of voluntary 
                consensus standards, appropriate voluntary 
                consensus standards development organizations, 
                appropriate representatives of State and local 
                governments, including emergency management 
                officials, and each private sector advisory 
                council created under section 102(f)(4), shall 
                annually review the voluntary accreditation and 
                certification program established under this 
                subsection to ensure the effectiveness of such 
                program (including the operations and 
                management of such program by any selected 
                entity and the selected entity's inclusion of 
                qualified disadvantaged business concerns under 
                paragraph (3)(D)) and make improvements and 
                adjustments to the program as necessary and 
                appropriate.
                    ``(B) Review of standards.--Each review 
                under subparagraph (A) shall include an 
                assessment of the voluntary preparedness 
                standard or standards used in the program under 
                this subsection.
            ``(5) Voluntary participation.--Certification under 
        this subsection shall be voluntary for any private 
        sector entity.
            ``(6) Public listing.--The designated officer shall 
        maintain and make public a listing of any private 
        sector entity certified as being in compliance with the 
        program established under this subsection, if that 
        private sector entity consents to such listing.
    ``(c) Rule of Construction.--Nothing in this section may be 
construed as--
            ``(1) a requirement to replace any preparedness, 
        emergency response, or business continuity standards, 
        requirements, or best practices established--
                    ``(A) under any other provision of federal 
                law; or
                    ``(B) by any sector-specific agency, as 
                those agencies are defined under Homeland 
                Security Presidential Directive-7; or
            ``(2) exempting any private sector entity seeking 
        certification or meeting certification requirements 
        under subsection (b) from compliance with all 
        applicable statutes, regulations, directives, policies, 
        and industry codes of practice.''.
    (b) Report to Congress.--Not later than 210 days after the 
date of enactment of this Act, the Secretary shall submit to 
the Committee on Homeland Security and Governmental Affairs of 
the Senate and the Committee on Homeland Security and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report detailing--
            (1) any action taken to implement section 524(b) of 
        the Homeland Security Act of 2002, as added by 
        subsection (a), including a discussion of--
                    (A) the separate methods of classification 
                and certification for small business concerns 
                (under the meaning given that term in section 3 
                of the Small Business Act (15 U.S.C. 632)) as 
                compared to other private sector entities; and
                    (B) whether the separate classifications 
                and methods of certification for small business 
                concerns are likely to help to ensure that such 
                measures are not overly burdensome and are 
                adequate to meet the voluntary preparedness 
                standard or standards adopted by the program 
                under section 524(b) of the Homeland Security 
                Act of 2002, as added by subsection (a); and
            (2) the status, as of the date of that report, of 
        the implementation of that subsection.
    (c) Deadline for Designation of Officer.--The Secretary of 
Homeland Security shall designate the officer as described in 
section 524 of the Homeland Security Act of 2002, as added by 
subsection (a), by not later than 30 days after the date of the 
enactment of this Act.
    (d) Definition.--Section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101) is amended by adding at the end the 
following:
            ``(18) The term `voluntary preparedness standards' 
        means a common set of criteria for preparedness, 
        disaster management, emergency management, and business 
        continuity programs, such as the American National 
        Standards Institute's National Fire Protection 
        Association Standard on Disaster/Emergency Management 
        and Business Continuity Programs (ANSI/NFPA 1600).''.
    (e) Clerical Amendments.--The table of contents in section 
1(b) of such Act is further amended by adding at the end the 
following:

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

    (f) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section and the amendments made by this section.

SEC. 902. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF THE 
                    DEPARTMENT.

    (a) In General.--Section 102(f) of the Homeland Security 
Act of 2002 (6 U.S.C. 112(f)) is amended--
            (1) by redesignating paragraphs (8) through (10) as 
        paragraphs (9) through (11), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) providing information to the private sector 
        regarding voluntary preparedness standards and the 
        business justification for preparedness and promoting 
        to the private sector the adoption of voluntary 
        preparedness standards;''.
    (b) Private Sector Advisory Councils.--Section 102(f)(4) of 
the Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is 
amended--
            (1) in subparagraph (A), by striking ``and'' at the 
        end;
            (2) in subparagraph (B), by inserting ``and'' after 
        the semicolon at the end; and
            (3) by adding at the end the following:
                    ``(C) advise the Secretary on private 
                sector preparedness issues, including effective 
                methods for--
                            ``(i) promoting voluntary 
                        preparedness standards to the private 
                        sector; and
                            ``(ii) assisting the private sector 
                        in adopting voluntary preparedness 
                        standards;''.

          TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

SEC. 1001. NATIONAL ASSET DATABASE.

    (a) In General.--Subtitle A of title II of the Homeland 
Security Act of 2002, as amended by title V, is further amended 
by adding at the end the following new section:

``SEC. 210E. NATIONAL ASSET DATABASE.

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

``Sec. 210E. National Asset Database.''.

SEC. 1002. RISK ASSESSMENTS AND REPORT.

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

SEC. 1003. SENSE OF CONGRESS REGARDING THE INCLUSION OF LEVEES IN THE 
                    NATIONAL INFRASTRUCTURE PROTECTION PLAN.

    It is the sense of Congress that the Secretary should 
ensure that levees are included in one of the critical 
infrastructure and key resources sectors identified in the 
National Infrastructure Protection Plan.

    TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

SEC. 1101. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

    (a) In General.--Title III of the Homeland Security Act of 
2002 (6 U.S.C. et seq.) is amended by adding at the end the 
following:

``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

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

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

    (c) Deadline for Implementation.--The National 
Biosurveillance Integration Center under section 316 of the 
Homeland Security Act, as added by subsection (a), shall be 
fully operational by not later than September 30, 2008;
    (d) Report.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Homeland Security of 
the House of Representatives an interim report on the status of 
the operations at the National Biosurviellance Integration 
Center that addresses the efforts of the Center to integrate 
the surveillance efforts of Federal, State, local, and tribal 
governments. When the National Biosurveillance Integration 
Center is fully operational, the Secretary shall submit to such 
committees a final report on the status of such operations.

SEC. 1102. BIOSURVEILLANCE EFFORTS.

    The Comptroller General of the United States shall submit 
to Congress a report --
            (1) describing the state of Federal, State, local, 
        and tribal government biosurveillance efforts as of the 
        date of such report;
            (2) describing any duplication of effort at the 
        Federal, State, local, or tribal government level to 
        create biosurveillance systems; and
            (3) providing the recommendations of the 
        Comptroller General regarding--
                    (A) the integration of biosurveillance 
                systems;
                    (B) the effective use of biosurveillance 
                resources; and
                    (C) the effective use of the expertise of 
                Federal, State, local, and tribal governments.

SEC. 1103. INTERAGENCY COORDINATION TO ENHANCE DEFENSES AGAINST NUCLEAR 
                    AND RADIOLOGICAL WEAPONS OF MASS DESTRUCTION.

    (a) In General.--The Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) is amended by inserting after section 1906, 
as redesignated by section 104, the following:

``SEC. 1907. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL NUCLEAR 
                    DETECTION ARCHITECTURE.

    ``(a) Annual Review.--
            ``(1) In general.--The Secretary, the Attorney 
        General, the Secretary of State, the Secretary of 
        Defense, the Secretary of Energy, and the Director of 
        National Intelligence shall jointly ensure interagency 
        coordination on the development and implementation of 
        the global nuclear detection architecture by ensuring 
        that, not less frequently than once each year--
                    ``(A) each relevant agency, office, or 
                entity--
                            ``(i) assesses its involvement, 
                        support, and participation in the 
                        development, revision, and 
                        implementation of the global nuclear 
                        detection architecture; and
                            ``(ii) examines and evaluates 
                        components of the global nuclear 
                        detection architecture (including 
                        associated strategies and acquisition 
                        plans) relating to the operations of 
                        that agency, office, or entity, to 
                        determine whether such components 
                        incorporate and address current threat 
                        assessments, scenarios, or intelligence 
                        analyses developed by the Director of 
                        National Intelligence or other agencies 
                        regarding threats relating to nuclear 
                        or radiological weapons of mass 
                        destruction; and
                    ``(B) each agency, office, or entity 
                deploying or operating any nuclear or 
                radiological detection technology under the 
                global nuclear detection architecture--
                            ``(i) evaluates the deployment and 
                        operation of nuclear or radiological 
                        detection technologies under the global 
                        nuclear detection architecture by that 
                        agency, office, or entity;
                            ``(ii) identifies performance 
                        deficiencies and operational or 
                        technical deficiencies in nuclear or 
                        radiological detection technologies 
                        deployed under the global nuclear 
                        detection architecture; and
                            ``(iii) assesses the capacity of 
                        that agency, office, or entity to 
                        implement the responsibilities of that 
                        agency, office, or entity under the 
                        global nuclear detection architecture.
            ``(2) Technology.--Not less frequently than once 
        each year, the Secretary shall examine and evaluate the 
        development, assessment, and acquisition of radiation 
        detection technologies deployed or implemented in 
        support of the domestic portion of the global nuclear 
        detection architecture.
    ``(b) Annual Report on Joint Interagency Review.--
            ``(1) In general.--Not later than March 31 of each 
        year, the Secretary, the Attorney General, the 
        Secretary of State, the Secretary of Defense, the 
        Secretary of Energy, and the Director of National 
        Intelligence, shall jointly submit a report regarding 
        the implementation of this section and the results of 
        the reviews required under subsection (a) to--
                    ``(A) the President;
                    ``(B) the Committee on Appropriations, the 
                Committee on Armed Services, the Select 
                Committee on Intelligence, and the Committee on 
                Homeland Security and Governmental Affairs of 
                the Senate; and
                    ``(C) the Committee on Appropriations, the 
                Committee on Armed Services, the Permanent 
                Select Committee on Intelligence, the Committee 
                on Homeland Security, and the Committee on 
                Science and Technology of the House of 
                Representatives.
            ``(2) Form.--The annual report submitted under 
        paragraph (1) shall be submitted in unclassified form 
        to the maximum extent practicable, but may include a 
        classified annex.
    ``(c) Definition.--In this section, the term `global 
nuclear detection architecture' means the global nuclear 
detection architecture developed under section 1902.''.
    (b) Clerical Amendment.--The table of contents in section 
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) 
is amended by inserting after the item relating to section 
1906, as added by section 104, the following:

``Sec. 1907. Joint annual interagency review of global nuclear detection 
          architecture.''.

SEC. 1104. INTEGRATION OF DETECTION EQUIPMENT AND TECHNOLOGIES.

    (a) Responsibility of Secretary.--The Secretary of Homeland 
Security shall have responsibility for ensuring that domestic 
chemical, biological, radiological, and nuclear detection 
equipment and technologies are integrated, as appropriate, with 
other border security systems and detection technologies.
    (b) Report.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall submit a report to 
Congress that contains a plan to develop a departmental 
technology assessment process to determine and certify the 
technology readiness levels of chemical, biological, 
radiological, and nuclear detection technologies before the 
full deployment of such technologies within the United States.

  TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

SEC. 1201. DEFINITIONS.

    For purposes of this title, the following terms apply:
            (1) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.

SEC. 1202. TRANSPORTATION SECURITY STRATEGIC PLANNING.

    (a) In General.--Section 114(t)(1)(B) of title 49, United 
States Code, is amended to read as follows:
                    ``(B) transportation modal security plans 
                addressing security risks, including threats, 
                vulnerabilities, and consequences, for 
                aviation, railroad, ferry, highway, maritime, 
                pipeline, public transportation, over-the-road 
                bus, and other transportation infrastructure 
                assets.''.
    (b) Contents of the National Strategy for Transportation 
Security.--Section 114(t)(3) of such title is amended--
            (1) in subparagraph (B), by inserting ``, based on 
        risk assessments conducted or received by the Secretary 
        of Homeland Security (including assessments conducted 
        under the Implementing Recommendations of the 9/11 
        Commission Act of 2007'' after ``risk based 
        priorities'';
            (2) in subparagraph (D)--
                    (A) by striking ``and local'' and inserting 
                ``local, and tribal''; and
                    (B) by striking ``private sector 
                cooperation and participation'' and inserting 
                ``cooperation and participation by private 
                sector entities, including nonprofit employee 
                labor organizations,'';
            (3) in subparagraph (E)--
                    (A) by striking ``response'' and inserting 
                ``prevention, response,''; and
                    (B) by inserting ``and threatened and 
                executed acts of terrorism outside the United 
                States to the extent such acts affect United 
                States transportation systems'' before the 
                period at the end;
            (4) in subparagraph (F), by adding at the end the 
        following: ``Transportation security research and 
        development projects shall be based, to the extent 
        practicable, on such prioritization. Nothing in the 
        preceding sentence shall be construed to require the 
        termination of any research or development project 
        initiated by the Secretary of Homeland Security or the 
        Secretary of Transportation before the date of 
        enactment of the Implementing Recommendations of the 9/
        11 Commission Act of 2007.''; and
            (5) by adding at the end the following:
                    ``(G) A 3- and 10-year budget for Federal 
                transportation security programs that will 
                achieve the priorities of the National Strategy 
                for Transportation Security.
                    ``(H) Methods for linking the individual 
                transportation modal security plans and the 
                programs contained therein, and a plan for 
                addressing the security needs of intermodal 
                transportation.
                    ``(I) Transportation modal security plans 
                described in paragraph (1)(B), including 
                operational recovery plans to expedite, to the 
                maximum extent practicable, the return to 
                operation of an adversely affected 
                transportation system following a major 
                terrorist attack on that system or other 
                incident. These plans shall be coordinated with 
                the resumption of trade protocols required 
                under section 202 of the SAFE Port Act (6 
                U.S.C. 942) and the National Maritime 
                Transportation Security Plan required under 
                section 70103(a) of title 46.''.
    (c) Periodic Progress Reports.--Section 114(t)(4) of such 
title is amended--
            (1) in subparagraph (C)--
                    (A) in clause (i) by inserting ``, 
                including the transportation modal security 
                plans'' before the period at the end; and
                    (B) by striking clause (ii) and inserting 
                the following:
                            ``(ii) Content.--Each progress 
                        report submitted under this 
                        subparagraph shall include, at a 
                        minimum, the following:
                                    ``(I) Recommendations for 
                                improving and implementing the 
                                National Strategy for 
                                Transportation Security and the 
                                transportation modal and 
                                intermodal security plans that 
                                the Secretary of Homeland 
                                Security, in consultation with 
                                the Secretary of 
                                Transportation, considers 
                                appropriate.
                                    ``(II) An accounting of all 
                                grants for transportation 
                                security, including grants and 
                                contracts for research and 
                                development, awarded by the 
                                Secretary of Homeland Security 
                                in the most recent fiscal year 
                                and a description of how such 
                                grants accomplished the goals 
                                of the National Strategy for 
                                Transportation Security.
                                    ``(III) An accounting of 
                                all--
                                            ``(aa) funds 
                                        requested in the 
                                        President's budget 
                                        submitted pursuant to 
                                        section 1105 of title 
                                        31 for the most recent 
                                        fiscal year for 
                                        transportation 
                                        security, by mode;
                                            ``(bb) personnel 
                                        working on 
                                        transportation security 
                                        by mode, including the 
                                        number of contractors; 
                                        and
                                            ``(cc) information 
                                        on the turnover in the 
                                        previous year among 
                                        senior staff of the 
                                        Department of Homeland 
                                        Security, including 
                                        component agencies, 
                                        working on 
                                        transportation security 
                                        issues. Such 
                                        information shall 
                                        include the number of 
                                        employees who have 
                                        permanently left the 
                                        office, agency, or area 
                                        in which they worked, 
                                        and the amount of time 
                                        that they worked for 
                                        the Department.
                            ``(iii) Written explanation of 
                        transportation security activities not 
                        delineated in the national strategy for 
                        transportation security.--At the end of 
                        each fiscal year, the Secretary of 
                        Homeland Security shall submit to the 
                        appropriate congressional committees a 
                        written explanation of any Federal 
                        transportation security activity that 
                        is inconsistent with the National 
                        Strategy for Transportation Security, 
                        including the amount of funds to be 
                        expended for the activity and the 
                        number of personnel involved.''; and
            (2) by striking subparagraph (E) and inserting the 
        following:
                    ``(E) Appropriate congressional committees 
                defined.--In this subsection, the term 
                `appropriate congressional committees' means 
                the Committee on Transportation and 
                Infrastructure and the Committee on Homeland 
                Security of the House of Representatives and 
                the Committee on Commerce, Science, and 
                Transportation, the Committee on Homeland 
                Security and Governmental Affairs, and the 
                Committee on Banking, Housing, and Urban 
                Affairs of the Senate.''.
    (d) Priority Status.--Section 114(t)(5)(B) of such title is 
amended--
            (1) in clause (iii), by striking ``and'' at the 
        end;
            (2) by redesignating clause (iv) as clause (v); and
            (3) by inserting after clause (iii) the following:
                            ``(iv) the transportation sector 
                        specific plan required under Homeland 
                        Security Presidential Directive 7; 
                        and''.
    (e) Coordination and Plan Distribution.--Section 114(t) of 
such title is amended by adding at the end the following:
            ``(6) Coordination.--In carrying out the 
        responsibilities under this section, the Secretary of 
        Homeland Security, in coordination with the Secretary 
        of Transportation, shall consult, as appropriate, with 
        Federal, State, and local agencies, tribal governments, 
        private sector entities (including nonprofit employee 
        labor organizations), institutions of higher learning, 
        and other entities.
            ``(7) Plan distribution.--The Secretary of Homeland 
        Security shall make available and appropriately 
        publicize an unclassified version of the National 
        Strategy for Transportation Security, including its 
        component transportation modal security plans, to 
        Federal, State, regional, local and tribal authorities, 
        transportation system owners or operators, private 
        sector stakeholders, including nonprofit employee labor 
        organizations representing transportation employees, 
        institutions of higher learning, and other appropriate 
        entities.''.

SEC. 1203. TRANSPORTATION SECURITY INFORMATION SHARING.

    (a) In General.--Section 114 of title 49, United States 
Code, is amended by adding at the end the following:
    ``(u) Transportation Security Information Sharing Plan.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Appropriate congressional 
                committees.--The term `appropriate 
                congressional committees' has the meaning given 
                that term in subsection (t).
                    ``(B) Plan.--The term `Plan' means the 
                Transportation Security Information Sharing 
                Plan established under paragraph (2).
                    ``(C) Public and private stakeholders.--The 
                term `public and private stakeholders' means 
                Federal, State, and local agencies, tribal 
                governments, and appropriate private entities, 
                including nonprofit employee labor 
                organizations representing transportation 
                employees.
                    ``(D) Secretary.--The term `Secretary' 
                means the Secretary of Homeland Security.
                    ``(E) Transportation security 
                information.--The term `transportation security 
                information' means information relating to the 
                risks to transportation modes, including 
                aviation, public transportation, railroad, 
                ferry, highway, maritime, pipeline, and over-
                the-road bus transportation, and may include 
                specific and general intelligence products, as 
                appropriate.
            ``(2) Establishment of plan.--The Secretary of 
        Homeland Security, in consultation with the program 
        manager of the information sharing environment 
        established under section 1016 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
        485), the Secretary of Transportation, and public and 
        private stakeholders, shall establish a Transportation 
        Security Information Sharing Plan. In establishing the 
        Plan, the Secretary shall gather input on the 
        development of the Plan from private and public 
        stakeholders and the program manager of the information 
        sharing environment established under section 1016 of 
        the Intelligence Reform and Terrorism Prevention Act of 
        2004 (6 U.S.C. 485).
            ``(3) Purpose of plan.--The Plan shall promote 
        sharing of transportation security information between 
        the Department of Homeland Security and public and 
        private stakeholders.
            ``(4) Content of plan.--The Plan shall include--
                    ``(A) a description of how intelligence 
                analysts within the Department of Homeland 
                Security will coordinate their activities 
                within the Department and with other Federal, 
                State, and local agencies, and tribal 
                governments, including coordination with 
                existing modal information sharing centers and 
                the center described in section 1410 of the 
                Implementing Recommendations of the 9/11 
                Commission Act of 2007;
                    ``(B) the establishment of a point of 
                contact, which may be a single point of contact 
                within the Department of Homeland Security, for 
                each mode of transportation for the sharing of 
                transportation security information with public 
                and private stakeholders, including an 
                explanation and justification to the 
                appropriate congressional committees if the 
                point of contact established pursuant to this 
                subparagraph differs from the agency within the 
                Department that has the primary authority, or 
                has been delegated such authority by the 
                Secretary, to regulate the security of that 
                transportation mode;
                    ``(C) a reasonable deadline by which the 
                Plan will be implemented; and
                    ``(D) a description of resource needs for 
                fulfilling the Plan.
            ``(5) Coordination with information sharing.--The 
        Plan shall be--
                    ``(A) implemented in coordination, as 
                appropriate, with the program manager for the 
                information sharing environment established 
                under section 1016 of the Intelligence Reform 
                and Terrorism Prevention Act of 2004 (6 U.S.C. 
                485); and
                    ``(B) consistent with the establishment of 
                the information sharing environment and any 
                policies, guidelines, procedures, instructions, 
                or standards established by the President or 
                the program manager for the implementation and 
                management of the information sharing 
                environment.
            ``(6) Reports to congress.--
                    ``(A) In general.--Not later than 150 days 
                after the date of enactment of this subsection, 
                and annually thereafter, the Secretary shall 
                submit to the appropriate congressional 
                committees, a report containing the Plan.
                    ``(B) Annual report.--Not later than 1 year 
                after the date of enactment of this subsection, 
                the Secretary shall submit to the appropriate 
                congressional committees a report on updates to 
                and the implementation of the Plan.
            ``(7) Survey and report.--
                    ``(A) In general.--The Comptroller General 
                of the United States shall conduct a biennial 
                survey of the satisfaction of recipients of 
                transportation intelligence reports 
                disseminated under the Plan.
                    ``(B) Information sought.--The survey 
                conducted under subparagraph (A) shall seek 
                information about the quality, speed, 
                regularity, and classification of the 
                transportation security information products 
                disseminated by the Department of Homeland 
                Security to public and private stakeholders.
                    ``(C) Report.--Not later than 1 year after 
                the date of the enactment of the Implementing 
                Recommendations of the 9/11 Commission Act of 
                2007, and every even numbered year thereafter, 
                the Comptroller General shall submit to the 
                appropriate congressional committees, a report 
                on the results of the survey conducted under 
                subparagraph (A). The Comptroller General shall 
                also provide a copy of the report to the 
                Secretary.
            ``(8) Security clearances.--The Secretary shall, to 
        the greatest extent practicable, take steps to expedite 
        the security clearances needed for designated public 
        and private stakeholders to receive and obtain access 
        to classified information distributed under this 
        section, as appropriate.
            ``(9) Classification of material.--The Secretary, 
        to the greatest extent practicable, shall provide 
        designated public and private stakeholders with 
        transportation security information in an unclassified 
        format.''.
    (b) Congressional Oversight of Security Assurance for 
Public and Private Stakeholders.--
            (1) In general.--Except as provided in paragraph 
        (2), the Secretary shall provide a semiannual report to 
        the Committee on Homeland Security and Governmental 
        Affairs, the Committee on Commerce, Science, and 
        Transportation, and the Committee on Banking, Housing, 
        and Urban Affairs of the Senate and the Committee on 
        Homeland Security and the Committee on Transportation 
        and Infrastructure of the House of Representatives that 
        includes--
                    (A) the number of public and private 
                stakeholders who were provided with each 
                report;
                    (B) a description of the measures the 
                Secretary has taken, under section 114(u)(7) of 
                title 49, United States Code, as added by this 
                section, or otherwise, to ensure proper 
                treatment and security for any classified 
                information to be shared with the public and 
                private stakeholders under the Plan; and
                    (C) an explanation of the reason for the 
                denial of transportation security information 
                to any stakeholder who had previously received 
                such information.
            (2) No report required if no changes in 
        stakeholders.--The Secretary is not required to provide 
        a semiannual report under paragraph (1) if no 
        stakeholders have been added to or removed from the 
        group of persons with whom transportation security 
        information is shared under the plan since the end of 
        the period covered by the last preceding semiannual 
        report.

SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

    (a) In General.--The Secretary is authorized to establish, 
operate, and maintain a National Domestic Preparedness 
Consortium within the Department.
    (b) Members.--Members of the National Domestic Preparedness 
Consortium shall consist of--
            (1) the Center for Domestic Preparedness;
            (2) the National Energetic Materials Research and 
        Testing Center, New Mexico Institute of Mining and 
        Technology;
            (3) the National Center for Biomedical Research and 
        Training, Louisiana State University;
            (4) the National Emergency Response and Rescue 
        Training Center, Texas A&M University;
            (5) the National Exercise, Test, and Training 
        Center, Nevada Test Site;
            (6) the Transportation Technology Center, 
        Incorporated, in Pueblo, Colorado; and
            (7) the National Disaster Preparedness Training 
        Center, University of Hawaii.
    (c) Duties.--The National Domestic Preparedness Consortium 
shall identify, develop, test, and deliver training to State, 
local, and tribal emergency response providers, provide on-site 
and mobile training at the performance and management and 
planning levels, and facilitate the delivery of training by the 
training partners of the Department.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary--
            (1) for the Center for Domestic Preparedness--
                    (A) $57,000,000 for fiscal year 2008;
                    (B) $60,000,000 for fiscal year 2009;
                    (C) $63,000,000 for fiscal year 2010; and
                    (D) $66,000,000 for fiscal year 2011; and
            (2) for the National Energetic Materials Research 
        and Testing Center, the National Center for Biomedical 
        Research and Training, the National Emergency Response 
        and Rescue Training Center, the National Exercise, 
        Test, and Training Center, the Transportation 
        Technology Center, Incorporated, and the National 
        Disaster Preparedness Training Center each--
                    (A) $22,000,000 for fiscal year 2008;
                    (B) $23,000,000 for fiscal year 2009;
                    (C) $24,000,000 for fiscal year 2010; and
                    (D) $25,500,000 for fiscal year 2011.
    (e) Savings Provision.--From the amounts appropriated 
pursuant to this section, the Secretary shall ensure that 
future amounts provided to each of the following entities are 
not less than the amounts provided to each such entity for 
participation in the Consortium in fiscal year 2007:
            (1) the Center for Domestic Preparedness;
            (2) the National Energetic Materials Research and 
        Testing Center, New Mexico Institute of Mining and 
        Technology;
            (3) the National Center for Biomedical Research and 
        Training, Louisiana State University;
            (4) the National Emergency Response and Rescue 
        Training Center, Texas A&M University; and
            (5) the National Exercise, Test, and Training 
        Center, Nevada Test Site.

SEC. 1205. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE.

    (a) Establishment.--The Secretary shall establish a 
National Transportation Security Center of Excellence to 
conduct research and education activities, and to develop or 
provide professional security training, including the training 
of transportation employees and transportation professionals.
    (b) Designation.--The Secretary shall select one of the 
institutions identified in subsection (c) as the lead 
institution responsible for coordinating the National 
Transportation Security Center of Excellence.
    (c) Member Institutions.--
            (1) Consortium.--The institution of higher 
        education selected under subsection (b) shall execute 
        agreements with the other institutions of higher 
        education identified in this subsection and other 
        institutions designated by the Secretary to develop a 
        consortium to assist in accomplishing the goals of the 
        Center.
            (2) Members.--The National Transportation Security 
        Center of Excellence shall consist of--
                    (A) Texas Southern University in Houston, 
                Texas;
                    (B) the National Transit Institute at 
                Rutgers, The State University of New Jersey;
                    (C) Tougaloo College;
                    (D) the Connecticut Transportation 
                Institute at the University of Connecticut;
                    (E) the Homeland Security Management 
                Institute, Long Island University;
                    (F) the Mack-Blackwell National Rural 
                Transportation Study Center at the University 
                of Arkansas; and
                    (G) any additional institutions or 
                facilities designated by the Secretary.
            (3) Certain inclusions.--To the extent practicable, 
        the Secretary shall ensure that an appropriate number 
        of any additional consortium colleges or universities 
        designated by the Secretary under this subsection are 
        Historically Black Colleges and Universities, Hispanic 
        Serving Institutions, and Indian Tribally Controlled 
        Colleges and Universities.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
            (1) $18,000,000 for fiscal year 2008;
            (2) $18,000,000 for fiscal year 2009;
            (3) $18,000,000 for fiscal year 2010; and
            (4) $18,000,000 for fiscal year 2011.

SEC. 1206. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR 
                    SUSPICIOUS BEHAVIOR AND RESPONSE.

    (a) Immunity for Reports of Suspected Terrorist Activity or 
Suspicious Behavior.--
            (1) In general.--Any person who, in good faith and 
        based on objectively reasonable suspicion, makes, or 
        causes to be made, a voluntary report of covered 
        activity to an authorized official shall be immune from 
        civil liability under Federal, State, and local law for 
        such report.
            (2) False reports.--Paragraph (1) shall not apply 
        to any report that the person knew to be false or was 
        made with reckless disregard for the truth at the time 
        that person made that report.
    (b) Immunity for Response.--
            (1) In general.--Any authorized official who 
        observes, or receives a report of, covered activity and 
        takes reasonable action in good faith to respond to 
        such activity shall have qualified immunity from civil 
        liability for such action, consistent with applicable 
        law in the relevant jurisdiction. An authorized 
        official as defined by subsection (d)(1)(A) not 
        entitled to assert the defense of qualified immunity 
        shall nevertheless be immune from civil liability under 
        Federal, State, and local law if such authorized 
        official takes reasonable action, in good faith, to 
        respond to the reported activity.
            (2) Savings clause.--Nothing in this subsection 
        shall affect the ability of any authorized official to 
        assert any defense, privilege, or immunity that would 
        otherwise be available, and this subsection shall not 
        be construed as affecting any such defense, privilege, 
        or immunity.
    (c) Attorney Fees and Costs.--Any person or authorized 
official found to be immune from civil liability under this 
section shall be entitled to recover from the plaintiff all 
reasonable costs and attorney fees.
    (d) Definitions.--In this section:
            (1) Authorized official.--The term ``authorized 
        official'' means--
                    (A) any employee or agent of a passenger 
                transportation system or other person with 
                responsibilities relating to the security of 
                such systems;
                    (B) any officer, employee, or agent of the 
                Department of Homeland Security, the Department 
                of Transportation, or the Department of Justice 
                with responsibilities relating to the security 
                of passenger transportation systems; or
                    (C) any Federal, State, or local law 
                enforcement officer.
            (2) Covered activity.--The term ``covered 
        activity'' means any suspicious transaction, activity, 
        or occurrence that involves, or is directed against, a 
        passenger transportation system or vehicle or its 
        passengers indicating that an individual may be 
        engaging, or preparing to engage, in a violation of law 
        relating to--
                    (A) a threat to a passenger transportation 
                system or passenger safety or security; or
                    (B) an act of terrorism (as that term is 
                defined in section 3077 of title 18, United 
                States Code).
            (3) Passenger transportation.--The term ``passenger 
        transportation'' means--
                    (A) public transportation, as defined in 
                section 5302 of title 49, United States Code;
                    (B) over-the-road bus transportation, as 
                defined in title XV of this Act, and school bus 
                transportation;
                    (C) intercity passenger rail transportation 
                as defined in section 24102 of title 49, United 
                States Code;
                    (D) the transportation of passengers 
                onboard a passenger vessel as defined in 
                section 2101 of title 46, United States Code;
                    (E) other regularly scheduled waterborne 
                transportation service of passengers by vessel 
                of at least 20 gross tons; and
                    (F) air transportation, as defined in 
                section 40102 of title 49, United States Code, 
                of passengers.
            (4) Passenger transportation system.--The term 
        ``passenger transportation system'' means an entity or 
        entities organized to provide passenger transportation 
        using vehicles, including the infrastructure used to 
        provide such transportation.
            (5) Vehicle.--The term ``vehicle'' has the meaning 
        given to that term in section 1992(16) of title 18, 
        United States Code.
    (e) Effective Date.--This section shall take effect on 
October 1, 2006, and shall apply to all activities and claims 
occurring on or after such date.

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

SEC. 1301. DEFINITIONS.

    For purposes of this title, the following terms apply:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Commerce, Science, and Transportation, the 
        Committee on Banking, Housing, and Urban Affairs, and 
        the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Homeland 
        Security and the Committee on Transportation and 
        Infrastructure of the House of Representatives.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.
            (4) State.--The term ``State'' means any one of the 
        50 States, the District of Columbia, Puerto Rico, the 
        Northern Mariana Islands, the Virgin Islands, Guam, 
        American Samoa, and any other territory or possession 
        of the United States.
            (5) Terrorism.--The term ``terrorism'' has the 
        meaning that term has in section 2 of the Homeland 
        Security Act of 2002 (6 U.S.C. 101).
            (6) United states.--The term ``United States'' 
        means the 50 States, the District of Columbia, Puerto 
        Rico, the Northern Mariana Islands, the Virgin Islands, 
        Guam, American Samoa, and any other territory or 
        possession of the United States.

SEC. 1302. ENFORCEMENT AUTHORITY.

    (a) In General.--Section 114 of title 49, United States 
Code, as amended by section 1203 of this Act, is further 
amended by adding at the end the following:
    ``(v) Enforcement of Regulations and Orders of the 
Secretary of Homeland Security.--
            ``(1) Application of subsection.--
                    ``(A) In general.--This subsection applies 
                to the enforcement of regulations prescribed, 
                and orders issued, by the Secretary of Homeland 
                Security under a provision of chapter 701 of 
                title 46 and under a provision of this title 
                other than a provision of chapter 449 (in this 
                subsection referred to as an `applicable 
                provision of this title').
                    ``(B) Violations of chapter 449.--The 
                penalties for violations of regulations 
                prescribed and orders issued by the Secretary 
                of Homeland Security under chapter 449 of this 
                title are provided under chapter 463 of this 
                title.
                    ``(C) Nonapplication to certain 
                violations.--
                            ``(i) Paragraphs (2) through (5) do 
                        not apply to violations of regulations 
                        prescribed, and orders issued, by the 
                        Secretary of Homeland Security under a 
                        provision of this title--
                                    ``(I) involving the 
                                transportation of personnel or 
                                shipments of materials by 
                                contractors where the 
                                Department of Defense has 
                                assumed control and 
                                responsibility;
                                    ``(II) by a member of the 
                                armed forces of the United 
                                States when performing official 
                                duties; or
                                    ``(III) by a civilian 
                                employee of the Department of 
                                Defense when performing 
                                official duties.
                            ``(ii) Violations described in 
                        subclause (I), (II), or (III) of clause 
                        (i) shall be subject to penalties as 
                        determined by the Secretary of Defense 
                        or the Secretary's designee.
            ``(2) Civil penalty.--
                    ``(A) In general.--A person is liable to 
                the United States Government for a civil 
                penalty of not more than $10,000 for a 
                violation of a regulation prescribed, or order 
                issued, by the Secretary of Homeland Security 
                under an applicable provision of this title.
                    ``(B) Repeat violations.--A separate 
                violation occurs under this paragraph for each 
                day the violation continues.
            ``(3) Administrative imposition of civil 
        penalties.--
                    ``(A) In general.--The Secretary of 
                Homeland Security may impose a civil penalty 
                for a violation of a regulation prescribed, or 
                order issued, under an applicable provision of 
                this title. The Secretary shall give written 
                notice of the finding of a violation and the 
                penalty.
                    ``(B) Scope of civil action.--In a civil 
                action to collect a civil penalty imposed by 
                the Secretary under this subsection, a court 
                may not re-examine issues of liability or the 
                amount of the penalty.
                    ``(C) Jurisdiction.--The district courts of 
                the United States shall have exclusive 
                jurisdiction of civil actions to collect a 
                civil penalty imposed by the Secretary under 
                this subsection if--
                            ``(i) the amount in controversy is 
                        more than--
                                    ``(I) $400,000, if the 
                                violation was committed by a 
                                person other than an individual 
                                or small business concern; or
                                    ``(II) $50,000 if the 
                                violation was committed by an 
                                individual or small business 
                                concern;
                            ``(ii) the action is in rem or 
                        another action in rem based on the same 
                        violation has been brought; or
                            ``(iii) another action has been 
                        brought for an injunction based on the 
                        same violation.
                    ``(D) Maximum penalty.--The maximum civil 
                penalty the Secretary administratively may 
                impose under this paragraph is--
                            ``(i) $400,000, if the violation 
                        was committed by a person other than an 
                        individual or small business concern; 
                        or
                            ``(ii) $50,000, if the violation 
                        was committed by an individual or small 
                        business concern.
                    ``(E) Notice and opportunity to request 
                hearing.--Before imposing a penalty under this 
                section the Secretary shall provide to the 
                person against whom the penalty is to be 
                imposed--
                            ``(i) written notice of the 
                        proposed penalty; and
                            ``(ii) the opportunity to request a 
                        hearing on the proposed penalty, if the 
                        Secretary receives the request not 
                        later than 30 days after the date on 
                        which the person receives notice.
            ``(4) Compromise and setoff.--
                    ``(A) The Secretary may compromise the 
                amount of a civil penalty imposed under this 
                subsection.
                    ``(B) The Government may deduct the amount 
                of a civil penalty imposed or compromised under 
                this subsection from amounts it owes the person 
                liable for the penalty.
            ``(5) Investigations and proceedings.--Chapter 461 
        shall apply to investigations and proceedings brought 
        under this subsection to the same extent that it 
        applies to investigations and proceedings brought with 
        respect to aviation security duties designated to be 
        carried out by the Secretary.
            ``(6) Definitions.--In this subsection:
                    ``(A) Person.--The term `person' does not 
                include--
                            ``(i) the United States Postal 
                        Service; or
                            ``(ii) the Department of Defense.
                    ``(B) Small business concern.--The term 
                `small business concern' has the meaning given 
                that term in section 3 of the Small Business 
                Act (15 U.S.C. 632).
            ``(7) Enforcement transparency.--
                    ``(A) In general.--Not later than December 
                31, 2008, and annually thereafter, the 
                Secretary shall--
                            ``(i) provide an annual summary to 
                        the public of all enforcement actions 
                        taken by the Secretary under this 
                        subsection; and
                            ``(ii) include in each such summary 
                        the docket number of each enforcement 
                        action, the type of alleged violation, 
                        the penalty or penalties proposed, and 
                        the final assessment amount of each 
                        penalty.
                    ``(B) Electronic availability.--Each 
                summary under this paragraph shall be made 
                available to the public by electronic means.
                    ``(C) Relationship to the freedom of 
                information act and the privacy act.--Nothing 
                in this subsection shall be construed to 
                require disclosure of information or records 
                that are exempt from disclosure under sections 
                552 or 552a of title 5.
                    ``(D) Enforcement guidance.--Not later than 
                180 days after the enactment of the 
                Implementing Recommendations of the 9/11 
                Commission Act of 2007, the Secretary shall 
                provide a report to the public describing the 
                enforcement process established under this 
                subsection.''.
    (b) Conforming Amendment.--Section 46301(a)(4) of title 49, 
United States Code, is amended by striking ``or another 
requirement under this title administered by the Under 
Secretary of Transportation for Security''.

SEC. 1303. AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION AND RESPONSE 
                    TEAMS.

    (a) In General.--The Secretary, acting through the 
Administrator of the Transportation Security Administration, 
may develop Visible Intermodal Prevention and Response 
(referred to in this section as ``VIPR'') teams to augment the 
security of any mode of transportation at any location within 
the United States. In forming a VIPR team, the Secretary--
            (1) may use any asset of the Department, including 
        Federal air marshals, surface transportation security 
        inspectors, canine detection teams, and advanced 
        screening technology;
            (2) may determine when a VIPR team shall be 
        deployed, as well as the duration of the deployment;
            (3) shall, prior to and during the deployment, 
        consult with local security and law enforcement 
        officials in the jurisdiction where the VIPR team is or 
        will be deployed, to develop and agree upon the 
        appropriate operational protocols and provide relevant 
        information about the mission of the VIPR team, as 
        appropriate; and
            (4) shall, prior to and during the deployment, 
        consult with all transportation entities directly 
        affected by the deployment of a VIPR team, as 
        appropriate, including railroad carriers, air carriers, 
        airport owners, over-the-road bus operators and 
        terminal owners and operators, motor carriers, public 
        transportation agencies, owners or operators of 
        highways, port operators and facility owners, vessel 
        owners and operators and pipeline operators.
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out this section 
such sums as necessary for fiscal years 2007 through 2011.

SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS.

    (a) In General.--The Secretary, acting through the 
Administrator of the Transportation Security Administration, is 
authorized to train, employ, and utilize surface transportation 
security inspectors.
    (b) Mission.--The Secretary shall use surface 
transportation security inspectors to assist surface 
transportation carriers, operators, owners, entities, and 
facilities to enhance their security against terrorist attack 
and other security threats and to assist the Secretary in 
enforcing applicable surface transportation security 
regulations and directives.
    (c) Authorities.--Surface transportation security 
inspectors employed pursuant to this section shall be 
authorized such powers and delegated such responsibilities as 
the Secretary determines appropriate, subject to subsection 
(e).
    (d) Requirements.--The Secretary shall require that surface 
transportation security inspectors have relevant transportation 
experience and other security and inspection qualifications, as 
determined appropriate.
    (e) Limitations.--
            (1) Inspectors.--Surface transportation inspectors 
        shall be prohibited from issuing fines to public 
        transportation agencies, as defined in title XIV, for 
        violations of the Department's regulations or orders 
        except through the process described in paragraph (2).
            (2) Civil penalties.--The Secretary shall be 
        prohibited from assessing civil penalties against 
        public transportation agencies, as defined in title 
        XIV, for violations of the Department's regulations or 
        orders, except in accordance with the following:
                    (A) In the case of a public transportation 
                agency that is found to be in violation of a 
                regulation or order issued by the Secretary, 
                the Secretary shall seek correction of the 
                violation through a written notice to the 
                public transportation agency and shall give the 
                public transportation agency reasonable 
                opportunity to correct the violation or propose 
                an alternative means of compliance acceptable 
                to the Secretary.
                    (B) If the public transportation agency 
                does not correct the violation or propose an 
                alternative means of compliance acceptable to 
                the Secretary within a reasonable time period 
                that is specified in the written notice, the 
                Secretary may take any action authorized in 
                section 114 of title 49, United States Code, as 
                amended by this Act.
            (3) Limitation on secretary.--The Secretary shall 
        not initiate civil enforcement actions for violations 
        of administrative and procedural requirements 
        pertaining to the application for, and expenditure of, 
        funds awarded under transportation security grant 
        programs under this Act.
    (f) Number of Inspectors.--The Secretary shall employ up to 
a total of--
            (1) 100 surface transportation security inspectors 
        in fiscal year 2007;
            (2) 150 surface transportation security inspectors 
        in fiscal year 2008;
            (3) 175 surface transportation security inspectors 
        in fiscal year 2009; and
            (4) 200 surface transportation security inspectors 
        in fiscal years 2010 and 2011.
    (g) Coordination.--The Secretary shall ensure that the 
mission of the surface transportation security inspectors is 
consistent with any relevant risk assessments required by this 
Act or completed by the Department, the modal plans required 
under section 114(t) of title 49, United States Code, the 
Memorandum of Understanding between the Department and the 
Department of Transportation on Roles and Responsibilities, 
dated September 28, 2004, and any and all subsequent annexes to 
this Memorandum of Understanding, and other relevant documents 
setting forth the Department's transportation security 
strategy, as appropriate.
    (h) Consultation.--The Secretary shall periodically consult 
with the surface transportation entities which are or may be 
inspected by the surface transportation security inspectors, 
including, as appropriate, railroad carriers, over-the-road bus 
operators and terminal owners and operators, motor carriers, 
public transportation agencies, owners or operators of 
highways, and pipeline operators on--
            (1) the inspectors' duties, responsibilities, 
        authorities, and mission; and
            (2) strategies to improve transportation security 
        and to ensure compliance with transportation security 
        requirements.
    (i) Report.--Not later than September 30, 2008, the 
Department of Homeland Security Inspector General shall 
transmit a report to the appropriate congressional committees 
on the performance and effectiveness of surface transportation 
security inspectors, whether there is a need for additional 
inspectors, and other recommendations.
    (j) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out this section--
            (1) $11,400,000 for fiscal year 2007;
            (2) $17,100,000 for fiscal year 2008;
            (3) $19,950,000 for fiscal year 2009;
            (4) $22,800,000 for fiscal year 2010; and
            (5) $22,800,000 for fiscal year 2011.

SEC. 1305. SURFACE TRANSPORTATION SECURITY TECHNOLOGY INFORMATION 
                    SHARING.

    (a) In General.--
            (1) Information sharing.--The Secretary, in 
        consultation with the Secretary of Transportation, 
        shall establish a program to provide appropriate 
        information that the Department has gathered or 
        developed on the performance, use, and testing of 
        technologies that may be used to enhance railroad, 
        public transportation, and surface transportation 
        security to surface transportation entities, including 
        railroad carriers, over-the-road bus operators and 
        terminal owners and operators, motor carriers, public 
        transportation agencies, owners or operators of 
        highways, pipeline operators, and State, local, and 
        tribal governments that provide security assistance to 
        such entities.
            (2) Designation of qualified antiterrorism 
        technologies.--The Secretary shall include in such 
        information provided in paragraph (1) whether the 
        technology is designated as a qualified antiterrorism 
        technology under the Support Anti-terrorism by 
        Fostering Effective Technologies Act of 2002 (Public 
        Law 107-296), as appropriate.
    (b) Purpose.--The purpose of the program is to assist 
eligible grant recipients under this Act and others, as 
appropriate, to purchase and use the best technology and 
equipment available to meet the security needs of the Nation's 
surface transportation system.
    (c) Coordination.--The Secretary shall ensure that the 
program established under this section makes use of and is 
consistent with other Department technology testing, 
information sharing, evaluation, and standards-setting 
programs, as appropriate.

SEC. 1306. TSA PERSONNEL LIMITATIONS.

    Any statutory limitation on the number of employees in the 
Transportation Security Administration does not apply to 
employees carrying out this title and titles XII, XIV, and XV.

SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING PROGRAM.

    (a) Definitions.--For purposes of this section, the term 
``explosives detection canine team'' means a canine and a 
canine handler that are trained to detect explosives, 
radiological materials, chemical, nuclear or biological 
weapons, or other threats as defined by the Secretary.
    (b) In General.--
            (1) Increased capacity.--Not later than 180 days 
        after the date of enactment of this Act, the Secretary 
        of Homeland Security shall--
                    (A) begin to increase the number of 
                explosives detection canine teams certified by 
                the Transportation Security Administration for 
                the purposes of transportation-related security 
                by up to 200 canine teams annually by the end 
                of 2010; and
                    (B) encourage State, local, and tribal 
                governments and private owners of high-risk 
                transportation facilities to strengthen 
                security through the use of highly trained 
                explosives detection canine teams.
            (2) Explosives detection canine teams.--The 
        Secretary of Homeland Security shall increase the 
        number of explosives detection canine teams by--
                    (A) using the Transportation Security 
                Administration's National Explosives Detection 
                Canine Team Training Center, including 
                expanding and upgrading existing facilities, 
                procuring and breeding additional canines, and 
                increasing staffing and oversight commensurate 
                with the increased training and deployment 
                capabilities;
                    (B) partnering with other Federal, State, 
                or local agencies, nonprofit organizations, 
                universities, or the private sector to increase 
                the training capacity for canine detection 
                teams;
                    (C) procuring explosives detection canines 
                trained by nonprofit organizations, 
                universities, or the private sector provided 
                they are trained in a manner consistent with 
                the standards and requirements developed 
                pursuant to subsection (c) or other criteria 
                developed by the Secretary; or
                    (D) a combination of subparagraphs (A), 
                (B), and (C), as appropriate.
    (c) Standards for Explosives Detection Canine Teams.--
            (1) In general.--Based on the feasibility in 
        meeting the ongoing demand for quality explosives 
        detection canine teams, the Secretary shall establish 
        criteria, including canine training curricula, 
        performance standards, and other requirements approved 
        by the Transportation Security Administration necessary 
        to ensure that explosives detection canine teams 
        trained by nonprofit organizations, universities, and 
        private sector entities are adequately trained and 
        maintained.
            (2) Expansion.--In developing and implementing such 
        curriculum, performance standards, and other 
        requirements, the Secretary shall--
                    (A) coordinate with key stakeholders, 
                including international, Federal, State, and 
                local officials, and private sector and 
                academic entities to develop best practice 
                guidelines for such a standardized program, as 
                appropriate;
                    (B) require that explosives detection 
                canine teams trained by nonprofit 
                organizations, universities, or private sector 
                entities that are used or made available by the 
                Secretary be trained consistent with specific 
                training criteria developed by the Secretary; 
                and
                    (C) review the status of the private sector 
                programs on at least an annual basis to ensure 
                compliance with training curricula, performance 
                standards, and other requirements.
    (d) Deployment.--The Secretary shall--
            (1) use the additional explosives detection canine 
        teams as part of the Department's efforts to strengthen 
        security across the Nation's transportation network, 
        and may use the canine teams on a more limited basis to 
        support other homeland security missions, as determined 
        appropriate by the Secretary;
            (2) make available explosives detection canine 
        teams to all modes of transportation, for high-risk 
        areas or to address specific threats, on an as-needed 
        basis and as otherwise determined appropriate by the 
        Secretary;
            (3) encourage, but not require, any transportation 
        facility or system to deploy TSA-certified explosives 
        detection canine teams developed under this section; 
        and
            (4) consider specific needs and training 
        requirements for explosives detection canine teams to 
        be deployed across the Nation's transportation network, 
        including in venues of multiple modes of 
        transportation, as appropriate.
    (e) Canine Procurement.--The Secretary, acting through the 
Administrator of the Transportation Security Administration, 
shall work to ensure that explosives detection canine teams are 
procured as efficiently as possible and at the best price, 
while maintaining the needed level of quality, including, if 
appropriate, through increased domestic breeding.
    (f) Study.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall report to 
the appropriate congressional committees on the utilization of 
explosives detection canine teams to strengthen security and 
the capacity of the national explosive detection canine team 
program.
    (g) Authorization.--There are authorized to be appropriated 
to the Secretary such sums as may be necessary to carry out 
this section for fiscal years 2007 through 2011.

SEC. 1308. MARITIME AND SURFACE TRANSPORTATION SECURITY USER FEE STUDY.

    (a) In General.--The Secretary of Homeland Security shall 
conduct a study of the need for, and feasibility of, 
establishing a system of maritime and surface transportation-
related user fees that may be imposed and collected as a 
dedicated revenue source, on a temporary or continuing basis, 
to provide necessary funding for legitimate improvements to, 
and maintenance of, maritime and surface transportation 
security, including vessel and facility plans required under 
section 70103(c) of title 46, United States Code. In developing 
the study, the Secretary shall consult with maritime and 
surface transportation carriers, shippers, passengers, facility 
owners and operators, and other persons as determined by the 
Secretary. Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall submit a report to 
the appropriate congressional committees that contains--
            (1) the results of the study;
            (2) an assessment of the annual sources of funding 
        collected through maritime and surface transportation 
        at ports of entry and a detailed description of the 
        distribution and use of such funds, including the 
        amount and percentage of such sources that are 
        dedicated to improve and maintain security;
            (3) an assessment of--
                    (A) the fees, charges, and standards 
                imposed on United States ports, port terminal 
                operators, shippers, carriers, and other 
                persons who use United States ports of entry 
                compared with the fees and charges imposed on 
                Canadian and Mexican ports, Canadian and 
                Mexican port terminal operators, shippers, 
                carriers, and other persons who use Canadian or 
                Mexican ports of entry; and
                    (B) the impact of such fees, charges, and 
                standards on the competitiveness of United 
                States ports, port terminal operators, railroad 
                carriers, motor carriers, pipelines, other 
                transportation modes, and shippers;
            (4) the private efforts and investments to secure 
        maritime and surface transportation modes, including 
        those that are operational and those that are planned; 
        and
            (5) the Secretary's recommendations based upon the 
        study, and an assessment of the consistency of such 
        recommendations with the international obligations and 
        commitments of the United States.
    (b) Definitions.--In this section:
            (1) Port of entry.--The term ``port of entry'' 
        means any port or other facility through which foreign 
        goods are permitted to enter the customs territory of a 
        country under official supervision.
            (2) Maritime and surface transportation.--The term 
        ``maritime and surface transportation'' includes ocean 
        borne and vehicular transportation.

SEC. 1309. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO 
                    CONVICTED FELONS.

    (a) In General.--Section 70105 of title 46, United States 
Code, is amended--
            (1) in subsection (b)(1), by striking ``decides 
        that the individual poses a security risk under 
        subsection (c)'' and inserting ``determines under 
        subsection (c) that the individual poses a security 
        risk''; and
            (2) in subsection (c), by amending paragraph (1) to 
        read as follows:
            ``(1) Disqualifications.--
                    ``(A) Permanent disqualifying criminal 
                offenses.--Except as provided under paragraph 
                (2), an individual is permanently disqualified 
                from being issued a biometric transportation 
                security card under subsection (b) if the 
                individual has been convicted, or found not 
                guilty by reason of insanity, in a civilian or 
                military jurisdiction of any of the following 
                felonies:
                            ``(i) Espionage or conspiracy to 
                        commit espionage.
                            ``(ii) Sedition or conspiracy to 
                        commit sedition.
                            ``(iii) Treason or conspiracy to 
                        commit treason.
                            ``(iv) A Federal crime of terrorism 
                        (as defined in section 2332b(g) of 
                        title 18), a crime under a comparable 
                        State law, or conspiracy to commit such 
                        crime.
                            ``(v) A crime involving a 
                        transportation security incident.
                            ``(vi) Improper transportation of a 
                        hazardous material in violation of 
                        section 5104(b) of title 49, or a 
                        comparable State law.
                            ``(vii) Unlawful possession, use, 
                        sale, distribution, manufacture, 
                        purchase, receipt, transfer, shipment, 
                        transportation, delivery, import, 
                        export, or storage of, or dealing in, 
                        an explosive or explosive device. In 
                        this clause, an explosive or explosive 
                        device includes--
                                    ``(I) an explosive (as 
                                defined in sections 232(5) and 
                                844(j) of title 18);
                                    ``(II) explosive materials 
                                (as defined in subsections (c) 
                                through (f) of section 841 of 
                                title 18); and
                                    ``(III) a destructive 
                                device (as defined in 921(a)(4) 
                                of title 18 or section 5845(f) 
                                of the Internal Revenue Code of 
                                1986).
                            ``(viii) Murder.
                            ``(ix) Making any threat, or 
                        maliciously conveying false information 
                        knowing the same to be false, 
                        concerning the deliverance, placement, 
                        or detonation of an explosive or other 
                        lethal device in or against a place of 
                        public use, a State or other government 
                        facility, a public transportation 
                        system, or an infrastructure facility.
                            ``(x) A violation of chapter 96 of 
                        title 18, popularly known as the 
                        Racketeer Influenced and Corrupt 
                        Organizations Act, or a comparable 
                        State law, if one of the predicate acts 
                        found by a jury or admitted by the 
                        defendant consists of one of the crimes 
                        listed in this subparagraph.
                            ``(xi) Attempt to commit any of the 
                        crimes listed in clauses (i) through 
                        (iv).
                            ``(xii) Conspiracy or attempt to 
                        commit any of the crimes described in 
                        clauses (v) through (x).
                    ``(B) Interim disqualifying criminal 
                offenses.--Except as provided under paragraph 
                (2), an individual is disqualified from being 
                issued a biometric transportation security card 
                under subsection (b) if the individual has been 
                convicted, or found not guilty by reason of 
                insanity, during the 7-year period ending on 
                the date on which the individual applies for 
                such card, or was released from incarceration 
                during the 5-year period ending on the date on 
                which the individual applies for such card, of 
                any of the following felonies:
                            ``(i) Unlawful possession, use, 
                        sale, manufacture, purchase, 
                        distribution, receipt, transfer, 
                        shipment, transportation, delivery, 
                        import, export, or storage of, or 
                        dealing in, a firearm or other weapon. 
                        In this clause, a firearm or other 
                        weapon includes--
                                    ``(I) firearms (as defined 
                                in section 921(a)(3) of title 
                                18 or section 5845(a) of the 
                                Internal Revenue Code of 1986); 
                                and
                                    ``(II) items contained on 
                                the U.S. Munitions Import List 
                                under section 447.21 of title 
                                27, Code of Federal 
                                Regulations.
                            ``(ii) Extortion.
                            ``(iii) Dishonesty, fraud, or 
                        misrepresentation, including identity 
                        fraud and money laundering if the money 
                        laundering is related to a crime 
                        described in this subparagraph or 
                        subparagraph (A). In this clause, 
                        welfare fraud and passing bad checks do 
                        not constitute dishonesty, fraud, or 
                        misrepresentation.
                            ``(iv) Bribery.
                            ``(v) Smuggling.
                            ``(vi) Immigration violations.
                            ``(vii) Distribution of, possession 
                        with intent to distribute, or 
                        importation of a controlled substance.
                            ``(viii) Arson.
                            ``(ix) Kidnaping or hostage taking.
                            ``(x) Rape or aggravated sexual 
                        abuse.
                            ``(xi) Assault with intent to kill.
                            ``(xii) Robbery.
                            ``(xiii) Conspiracy or attempt to 
                        commit any of the crimes listed in this 
                        subparagraph.
                            ``(xiv) Fraudulent entry into a 
                        seaport in violation of section 1036 of 
                        title 18, or a comparable State law.
                            ``(xv) A violation of the chapter 
                        96 of title 18, popularly known as the 
                        Racketeer Influenced and Corrupt 
                        Organizations Act or a comparable State 
                        law, other than any of the violations 
                        listed in subparagraph (A)(x).
                    ``(C) Under want, warrant, or indictment.--
                An applicant who is wanted, or under 
                indictment, in any civilian or military 
                jurisdiction for a felony listed in paragraph 
                (1)(A), is disqualified from being issued a 
                biometric transportation security card under 
                subsection (b) until the want or warrant is 
                released or the indictment is dismissed.
                    ``(D) Other potential disqualifications.--
                Except as provided under subparagraphs (A) 
                through (C), an individual may not be denied a 
                transportation security card under subsection 
                (b) unless the Secretary determines that 
                individual--
                            ``(i) has been convicted within the 
                        preceding 7-year period of a felony or 
                        found not guilty by reason of insanity 
                        of a felony--
                                    ``(I) that the Secretary 
                                believes could cause the 
                                individual to be a terrorism 
                                security risk to the United 
                                States; or
                                    ``(II) for causing a severe 
                                transportation security 
                                incident;
                            ``(ii) has been released from 
                        incarceration within the preceding 5-
                        year period for committing a felony 
                        described in clause (i);
                            ``(iii) may be denied admission to 
                        the United States or removed from the 
                        United States under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et 
                        seq.); or
                            ``(iv) otherwise poses a terrorism 
                        security risk to the United States.
                    ``(E) Modification of listed offenses.--The 
                Secretary may, by rulemaking, add to or modify 
                the list of disqualifying crimes described in 
                paragraph (1)(B).''.

SEC. 1310. ROLES OF THE DEPARTMENT OF HOMELAND SECURITY AND THE 
                    DEPARTMENT OF TRANSPORTATION.

    The Secretary of Homeland Security is the principal Federal 
official responsible for transportation security. The roles and 
responsibilities of the Department of Homeland Security and the 
Department of Transportation in carrying out this title and 
titles XII, XIV, and XV are the roles and responsibilities of 
such Departments pursuant to the Aviation and Transportation 
Security Act (Public Law 107-71); the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458); the 
National Infrastructure Protection Plan required by Homeland 
Security Presidential Directive 7; The Homeland Security Act of 
2002; The National Response Plan; Executive Order 13416: 
Strengthening Surface Transportation Security, dated December 
5, 2006; the Memorandum of Understanding between the Department 
and the Department of Transportation on Roles and 
Responsibilities, dated September 28, 2004 and any and all 
subsequent annexes to this Memorandum of Understanding; and any 
other relevant agreements between the two Departments.

               TITLE XIV--PUBLIC TRANSPORTATION SECURITY

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``National Transit Systems 
Security Act of 2007''.

SEC. 1402. DEFINITIONS.

    For purposes of this title, the following terms apply:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Banking, Housing, and Urban Affairs, and 
        the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Homeland 
        Security and the Committee on Transportation and 
        Infrastructure of the House of Representatives.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Disadvantaged business concerns.--The term 
        ``disadvantaged business concerns'' means small 
        businesses that are owned and controlled by socially 
        and economically disadvantaged individuals as defined 
        in section 124, title 13, Code of Federal Regulations.
            (4) Frontline employee.--The term ``frontline 
        employee'' means an employee of a public transportation 
        agency who is a transit vehicle driver or operator, 
        dispatcher, maintenance and maintenance support 
        employee, station attendant, customer service employee, 
        security employee, or transit police, or any other 
        employee who has direct contact with riders on a 
        regular basis, and any other employee of a public 
        transportation agency that the Secretary determines 
        should receive security training under section 1408.
            (5) Public transportation agency.--The term 
        ``public transportation agency'' means a publicly owned 
        operator of public transportation eligible to receive 
        Federal assistance under chapter 53 of title 49, United 
        States Code.
            (6) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.

SEC. 1403. FINDINGS.

    Congress finds that--
            (1) 182 public transportation systems throughout 
        the world have been primary targets of terrorist 
        attacks;
            (2) more than 6,000 public transportation agencies 
        operate in the United States;
            (3) people use public transportation vehicles 
        33,000,000 times each day;
            (4) the Federal Transit Administration has invested 
        $93,800,000,000 since 1992 for construction and 
        improvements;
            (5) the Federal investment in transit security has 
        been insufficient; and
            (6) greater Federal investment in transit security 
        improvements per passenger boarding is necessary to 
        better protect the American people, given transit's 
        vital importance in creating mobility and promoting our 
        Nation's economy.

SEC. 1404. NATIONAL STRATEGY FOR PUBLIC TRANSPORTATION SECURITY.

    (a) National Strategy.--Not later than 9 months after the 
date of enactment of this Act and based upon the previous and 
ongoing security assessments conducted by the Department and 
the Department of Transportation, the Secretary, consistent 
with and as required by section 114(t) of title 49, United 
States Code, shall develop and implement the modal plan for 
public transportation, entitled the ``National Strategy for 
Public Transportation Security''.
    (b) Purpose.--
            (1) Guidelines.--In developing the National 
        Strategy for Public Transportation Security, the 
        Secretary shall establish guidelines for public 
        transportation security that--
                    (A) minimize security threats to public 
                transportation systems; and
                    (B) maximize the abilities of public 
                transportation systems to mitigate damage 
                resulting from terrorist attack or other major 
                incident.
            (2) Assessments and consultations.--In developing 
        the National Strategy for Public Transportation 
        Security, the Secretary shall--
                    (A) use established and ongoing public 
                transportation security assessments as the 
                basis of the National Strategy for Public 
                Transportation Security; and
                    (B) consult with all relevant stakeholders, 
                including public transportation agencies, 
                nonprofit labor organizations representing 
                public transportation employees, emergency 
                responders, public safety officials, and other 
                relevant parties.
    (c) Contents.--In the National Strategy for Public 
Transportation Security, the Secretary shall describe 
prioritized goals, objectives, policies, actions, and schedules 
to improve the security of public transportation.
    (d) Responsibilities.--The Secretary shall include in the 
National Strategy for Public Transportation Security a 
description of the roles, responsibilities, and authorities of 
Federal, State, and local agencies, tribal governments, and 
appropriate stakeholders. The plan shall also include--
            (1) the identification of, and a plan to address, 
        gaps and unnecessary overlaps in the roles, 
        responsibilities, and authorities of Federal agencies; 
        and
            (2) a process for coordinating existing or future 
        security strategies and plans for public 
        transportation, including the National Infrastructure 
        Protection Plan required by Homeland Security 
        Presidential Directive 7; Executive Order 13416: 
        Strengthening Surface Transportation Security dated 
        December 5, 2006; the Memorandum of Understanding 
        between the Department and the Department of 
        Transportation on Roles and Responsibilities dated 
        September 28, 2004; and subsequent annexes and 
        agreements.
    (e) Adequacy of Existing Plans and Strategies.--In 
developing the National Strategy for Public Transportation 
Security, the Secretary shall use relevant existing risk 
assessments and strategies developed by the Department or other 
Federal agencies, including those developed or implemented 
pursuant to section 114(t) of title 49, United States Code, or 
Homeland Security Presidential Directive 7.
    (f) Funding.--There is authorized to be appropriated to the 
Secretary to carry out this section $2,000,000 for fiscal year 
2008.

SEC. 1405. SECURITY ASSESSMENTS AND PLANS.

    (a) Public Transportation Security Assessments.--
            (1) Submission.--Not later than 30 days after the 
        date of enactment of this Act, the Administrator of the 
        Federal Transit Administration of the Department of 
        Transportation shall submit all public transportation 
        security assessments and all other relevant information 
        to the Secretary.
            (2) Secretarial review.--Not later than 60 days 
        after receiving the submission under paragraph (1), the 
        Secretary shall review and augment the security 
        assessments received, and conduct additional security 
        assessments as necessary to ensure that at a minimum, 
        all high risk public transportation agencies, as 
        determined by the Secretary, will have a completed 
        security assessment.
            (3) Content.--The Secretary shall ensure that each 
        completed security assessment includes--
                    (A) identification of critical assets, 
                infrastructure, and systems and their 
                vulnerabilities; and
                    (B) identification of any other security 
                weaknesses, including weaknesses in emergency 
                response planning and employee training.
    (b) Bus and Rural Public Transportation Systems.--Not later 
than 180 days after the date of enactment of this Act, the 
Secretary shall--
            (1) conduct security assessments, based on a 
        representative sample, to determine the specific needs 
        of--
                    (A) local bus-only public transportation 
                systems; and
                    (B) public transportation systems that 
                receive funds under section 5311 of title 49, 
                United States Code; and
            (2) make the representative assessments available 
        for use by similarly situated systems.
    (c) Security Plans.--
            (1) Requirement for plan.--
                    (A) High risk agencies.--The Secretary 
                shall require public transportation agencies 
                determined by the Secretary to be at high risk 
                for terrorism to develop a comprehensive 
                security plan. The Secretary shall provide 
                technical assistance and guidance to public 
                transportation agencies in preparing and 
                implementing security plans under this section.
                    (B) Other agencies.--Provided that no 
                public transportation agency that has not been 
                designated high risk shall be required to 
                develop a security plan, the Secretary may also 
                establish a security program for public 
                transportation agencies not designated high 
                risk by the Secretary, to assist those public 
                transportation agencies which request 
                assistance, including--
                            (i) guidance to assist such 
                        agencies in conducting security 
                        assessments and preparing and 
                        implementing security plans; and
                            (ii) a process for the Secretary to 
                        review and approve such assessments and 
                        plans, as appropriate.
            (2) Contents of plan.--The Secretary shall ensure 
        that security plans include, as appropriate--
                    (A) a prioritized list of all items 
                included in the public transportation agency's 
                security assessment that have not yet been 
                addressed;
                    (B) a detailed list of any additional 
                capital and operational improvements identified 
                by the Department or the public transportation 
                agency and a certification of the public 
                transportation agency's technical capacity for 
                operating and maintaining any security 
                equipment that may be identified in such list;
                    (C) specific procedures to be implemented 
                or used by the public transportation agency in 
                response to a terrorist attack, including 
                evacuation and passenger communication plans 
                and appropriate evacuation and communication 
                measures for the elderly and individuals with 
                disabilities;
                    (D) a coordinated response plan that 
                establishes procedures for appropriate 
                interaction with State and local law 
                enforcement agencies, emergency responders, and 
                Federal officials in order to coordinate 
                security measures and plans for response in the 
                event of a terrorist attack or other major 
                incident;
                    (E) a strategy and timeline for conducting 
                training under section 1408;
                    (F) plans for providing redundant and other 
                appropriate backup systems necessary to ensure 
                the continued operation of critical elements of 
                the public transportation system in the event 
                of a terrorist attack or other major incident;
                    (G) plans for providing service 
                capabilities throughout the system in the event 
                of a terrorist attack or other major incident 
                in the city or region which the public 
                transportation system serves;
                    (H) methods to mitigate damage within a 
                public transportation system in case of an 
                attack on the system, including a plan for 
                communication and coordination with emergency 
                responders; and
                    (I) other actions or procedures as the 
                Secretary determines are appropriate to address 
                the security of the public transportation 
                system.
            (3) Review.--Not later than 6 months after 
        receiving the plans required under this section, the 
        Secretary shall--
                    (A) review each security plan submitted;
                    (B) require the public transportation 
                agency to make any amendments needed to ensure 
                that the plan meets the requirements of this 
                section; and
                    (C) approve any security plan that meets 
                the requirements of this section.
            (4) Exemption.--The Secretary shall not require a 
        public transportation agency to develop a security plan 
        under paragraph (1) if the agency does not receive a 
        grant under section 1406.
            (5) Waiver.--The Secretary may waive the exemption 
        provided in paragraph (4) to require a public 
        transportation agency to develop a security plan under 
        paragraph (1) in the absence of grant funds under 
        section 1406 if not less than 3 days after making the 
        determination the Secretary provides the appropriate 
        congressional committees and the public transportation 
        agency written notification detailing the need for the 
        security plan, the reasons grant funding has not been 
        made available, and the reason the agency has been 
        designated high risk.
    (d) Consistency With Other Plans.--The Secretary shall 
ensure that the security plans developed by public 
transportation agencies under this section are consistent with 
the security assessments developed by the Department and the 
National Strategy for Public Transportation Security developed 
under section 1404.
    (e) Updates.--Not later than September 30, 2008, and 
annually thereafter, the Secretary shall--
            (1) update the security assessments referred to in 
        subsection (a);
            (2) update the security improvement priorities 
        required under subsection (f); and
            (3) require public transportation agencies to 
        update the security plans required under subsection (c) 
        as appropriate.
    (f) Security Improvement Priorities.--
            (1) In general.--Beginning in fiscal year 2008 and 
        each fiscal year thereafter, the Secretary, after 
        consultation with management and nonprofit employee 
        labor organizations representing public transportation 
        employees as appropriate, and with appropriate State 
        and local officials, shall utilize the information 
        developed or received in this section to establish 
        security improvement priorities unique to each 
        individual public transportation agency that has been 
        assessed.
            (2) Allocations.--The Secretary shall use the 
        security improvement priorities established in 
        paragraph (1) as the basis for allocating risk-based 
        grant funds under section 1406, unless the Secretary 
        notifies the appropriate congressional committees that 
        the Secretary has determined an adjustment is necessary 
        to respond to an urgent threat or other significant 
        national security factors.
    (g) Shared Facilities.--The Secretary shall encourage the 
development and implementation of coordinated assessments and 
security plans to the extent a public transportation agency 
shares facilities (such as tunnels, bridges, stations, or 
platforms) with another public transportation agency, a freight 
or passenger railroad carrier, or over-the-road bus operator 
that are geographically close or otherwise co-located.
    (h) Nondisclosure of Information.--
            (1) Submission of information to congress.--Nothing 
        in this section shall be construed as authorizing the 
        withholding of any information from Congress.
            (2) Disclosure of independently furnished 
        information.--Nothing in this section shall be 
        construed as affecting any authority or obligation of a 
        Federal agency to disclose any record or information 
        that the Federal agency obtains from a public 
        transportation agency under any other Federal law.
    (i) Determination.--In response to a petition by a public 
transportation agency or at the discretion of the Secretary, 
the Secretary may recognize existing procedures, protocols, and 
standards of a public transportation agency that the Secretary 
determines meet all or part of the requirements of this section 
regarding security assessments or security plans.

SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.

    (a) Security Assistance Program.--
            (1) In general.--The Secretary shall establish a 
        program for making grants to eligible public 
        transportation agencies for security improvements 
        described in subsection (b).
            (2) Eligibility.--A public transportation agency is 
        eligible for a grant under this section if the 
        Secretary has performed a security assessment or the 
        agency has developed a security plan under section 
        1405. Grant funds shall only be awarded for permissible 
        uses under subsection (b) to--
                    (A) address items included in a security 
                assessment; or
                    (B) further a security plan.
    (b) Uses of Funds.--A recipient of a grant under subsection 
(a) shall use the grant funds for one or more of the following:
            (1) Capital uses of funds, including--
                    (A) tunnel protection systems;
                    (B) perimeter protection systems, including 
                access control, installation of improved 
                lighting, fencing, and barricades;
                    (C) redundant critical operations control 
                systems;
                    (D) chemical, biological, radiological, or 
                explosive detection systems, including the 
                acquisition of canines used for such detection;
                    (E) surveillance equipment;
                    (F) communications equipment, including 
                mobile service equipment to provide access to 
                wireless Enhanced 911 (E911) emergency services 
                in an underground fixed guideway system;
                    (G) emergency response equipment, including 
                personal protective equipment;
                    (H) fire suppression and decontamination 
                equipment;
                    (I) global positioning or tracking and 
                recovery equipment, and other automated-
                vehicle-locator-type system equipment;
                    (J) evacuation improvements;
                    (K) purchase and placement of bomb-
                resistant trash cans throughout public 
                transportation facilities, including subway 
                exits, entrances, and tunnels;
                    (L) capital costs associated with security 
                awareness, security preparedness, and security 
                response training, including training under 
                section 1408 and exercises under section 1407;
                    (M) security improvements for public 
                transportation systems, including extensions 
                thereto, in final design or under construction;
                    (N) security improvements for stations and 
                other public transportation infrastructure, 
                including stations and other public 
                transportation infrastructure owned by State or 
                local governments; and
                    (O) other capital security improvements 
                determined appropriate by the Secretary.
            (2) Operating uses of funds, including--
                    (A) security training, including training 
                under section 1408 and training developed by 
                institutions of higher education and by 
                nonprofit employee labor organizations, for 
                public transportation employees, including 
                frontline employees;
                    (B) live or simulated exercises under 
                section 1407;
                    (C) public awareness campaigns for enhanced 
                public transportation security;
                    (D) canine patrols for chemical, 
                radiological, biological, or explosives 
                detection;
                    (E) development of security plans under 
                section 1405;
                    (F) overtime reimbursement including 
                reimbursement of State, local, and tribal 
                governments, for costs for enhanced security 
                personnel during significant national and 
                international public events;
                    (G) operational costs, including 
                reimbursement of State, local, and tribal 
                governments for costs for personnel assigned to 
                full-time or part-time security or 
                counterterrorism duties related to public 
                transportation, provided that this expense 
                totals no more than 10 percent of the total 
                grant funds received by a public transportation 
                agency in any 1 year; and
                    (H) other operational security costs 
                determined appropriate by the Secretary, 
                excluding routine, ongoing personnel costs, 
                other than those set forth in this section.
    (c) Department of Homeland Security Responsibilities.--In 
carrying out the responsibilities under subsection (a), the 
Secretary shall--
            (1) determine the requirements for recipients of 
        grants under this section, including application 
        requirements;
            (2) pursuant to subsection (a)(2), select the 
        recipients of grants based solely on risk; and
            (3) pursuant to subsection (b), establish the 
        priorities for which grant funds may be used under this 
        section.
    (d) Distribution of Grants.--Not later than 90 days after 
the date of enactment of this Act, the Secretary and the 
Secretary of Transportation shall determine the most effective 
and efficient way to distribute grant funds to the recipients 
of grants determined by the Secretary under subsection (a). 
Subject to the determination made by the Secretaries, the 
Secretary may transfer funds to the Secretary of Transportation 
for the purposes of disbursing funds to the grant recipient.
    (e) Subject to Certain Terms and Conditions.--Except as 
otherwise specifically provided in this section, a grant 
provided under this section shall be subject to the terms and 
conditions applicable to a grant made under section 5307 of 
title 49, United States Code, as in effect on January 1, 2007, 
and such other terms and conditions as are determined necessary 
by the Secretary.
    (f) Limitation on Uses of Funds.--Grants made under this 
section may not be used to make any State or local government 
cost-sharing contribution under any other Federal law.
    (g) Annual Reports.--Each recipient of a grant under this 
section shall report annually to the Secretary on the use of 
the grant funds.
    (h) Guidelines.--Before distribution of funds to recipients 
of grants, the Secretary shall issue guidelines to ensure that, 
to the extent that recipients of grants under this section use 
contractors or subcontractors, such recipients shall use small, 
minority, women-owned, or disadvantaged business concerns as 
contractors or subcontractors to the extent practicable.
    (i) Coordination With State Homeland Security Plans.--In 
establishing security improvement priorities under section 1405 
and in awarding grants for capital security improvements and 
operational security improvements under subsection (b), the 
Secretary shall act consistently with relevant State homeland 
security plans.
    (j) Multistate Transportation Systems.--In cases in which a 
public transportation system operates in more than one State, 
the Secretary shall give appropriate consideration to the risks 
of the entire system, including those portions of the States 
into which the system crosses, in establishing security 
improvement priorities under section 1405 and in awarding 
grants for capital security improvements and operational 
security improvements under subsection (b).
    (k) Congressional Notification.--Not later than 3 days 
before the award of any grant under this section, the Secretary 
shall notify simultaneously, the appropriate congressional 
committees of the intent to award such grant.
    (l) Return of Misspent Grant Funds.--The Secretary shall 
establish a process to require the return of any misspent grant 
funds received under this section determined to have been spent 
for a purpose other than those specified in the grant award.
    (m) Authorization of Appropriations.--
            (1) There are authorized to be appropriated to the 
        Secretary to make grants under this section--
                    (A) such sums as are necessary for fiscal 
                year 2007;
                    (B) $650,000,000 for fiscal year 2008, 
                except that not more than 50 percent of such 
                funds may be used for operational costs under 
                subsection (b)(2);
                    (C) $750,000,000 for fiscal year 2009, 
                except that not more than 30 percent of such 
                funds may be used for operational costs under 
                subsection (b)(2);
                    (D) $900,000,000 for fiscal year 2010, 
                except that not more than 20 percent of such 
                funds may be used for operational costs under 
                subsection (b)(2); and
                    (E) $1,100,000,000 for fiscal year 2011, 
                except that not more than 10 percent of such 
                funds may be used for operational costs under 
                subsection (b)(2).
            (2) Period of availability.--Sums appropriated to 
        carry out this section shall remain available until 
        expended.
            (3) Waiver.--The Secretary may waive the limitation 
        on operational costs specified in subparagraphs (B) 
        through (E) of paragraph (1) if the Secretary 
        determines that such a waiver is required in the 
        interest of national security, and if the Secretary 
        provides a written justification to the appropriate 
        congressional committees prior to any such action.
            (4) Effective date.--Funds provided for fiscal year 
        2007 transit security grants under Public Law 110-28 
        shall be allocated based on security assessments that 
        are in existence as of the date of enactment of this 
        Act.

SEC. 1407. SECURITY EXERCISES.

    (a) In General.--The Secretary shall establish a program 
for conducting security exercises for public transportation 
agencies for the purpose of assessing and improving the 
capabilities of entities described in subsection (b) to 
prevent, prepare for, mitigate against, respond to, and recover 
from acts of terrorism.
    (b) Covered Entities.--Entities to be assessed under the 
program shall include--
            (1) Federal, State, and local agencies and tribal 
        governments;
            (2) public transportation agencies;
            (3) governmental and nongovernmental emergency 
        response providers and law enforcement personnel, 
        including transit police; and
            (4) any other organization or entity that the 
        Secretary determines appropriate.
    (c) Requirements.--The Secretary shall ensure that the 
program--
            (1) requires, for public transportation agencies 
        which the Secretary deems appropriate, exercises to be 
        conducted that are--
                    (A) scaled and tailored to the needs of 
                specific public transportation systems, and 
                include taking into account the needs of the 
                elderly and individuals with disabilities;
                    (B) live;
                    (C) coordinated with appropriate officials;
                    (D) as realistic as practicable and based 
                on current risk assessments, including credible 
                threats, vulnerabilities, and consequences;
                    (E) inclusive, as appropriate, of frontline 
                employees and managers; and
                    (F) consistent with the National Incident 
                Management System, the National Response Plan, 
                the National Infrastructure Protection Plan, 
                the National Preparedness Guidance, the 
                National Preparedness Goal, and other such 
                national initiatives;
            (2) provides that exercises described in paragraph 
        (1) will be--
                    (A) evaluated by the Secretary against 
                clear and consistent performance measures;
                    (B) assessed by the Secretary to learn best 
                practices, which shall be shared with 
                appropriate Federal, State, local, and tribal 
                officials, governmental and nongovernmental 
                emergency response providers, law enforcement 
                personnel, including railroad and transit 
                police, and appropriate stakeholders; and
                    (C) followed by remedial action by covered 
                entities in response to lessons learned;
            (3) involves individuals in neighborhoods around 
        the infrastructure of a public transportation system; 
        and
            (4) assists State, local, and tribal governments 
        and public transportation agencies in designing, 
        implementing, and evaluating exercises that conform to 
        the requirements of paragraph (2).
    (d) National Exercise Program.--The Secretary shall ensure 
that the exercise program developed under subsection (a) is a 
component of the National Exercise Program established under 
section 648 of the Post Katrina Emergency Management Reform Act 
(Public Law 109-295; 6 U.S.C. 748).
    (e) Ferry System Exemption.--This section does not apply to 
any ferry system for which drills are required to be conducted 
pursuant to section 70103 of title 46, United States Code.

SEC. 1408. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall develop and issue 
detailed interim final regulations, and not later than 1 year 
after the date of enactment of this Act, the Secretary shall 
develop and issue detailed final regulations, for a public 
transportation security training program to prepare public 
transportation employees, including frontline employees, for 
potential security threats and conditions.
    (b) Consultation.--The Secretary shall develop the interim 
final and final regulations under subsection (a) in 
consultation with--
            (1) appropriate law enforcement, fire service, 
        security, and terrorism experts;
            (2) representatives of public transportation 
        agencies; and
            (3) nonprofit employee labor organizations 
        representing public transportation employees or 
        emergency response personnel.
    (c) Program Elements.--The interim final and final 
regulations developed under subsection (a) shall require 
security training programs to include, at a minimum, elements 
to address the following:
            (1) Determination of the seriousness of any 
        occurrence or threat.
            (2) Crew and passenger communication and 
        coordination.
            (3) Appropriate responses to defend oneself, 
        including using nonlethal defense devices.
            (4) Use of personal protective devices and other 
        protective equipment.
            (5) Evacuation procedures for passengers and 
        employees, including individuals with disabilities and 
        the elderly.
            (6) Training related to behavioral and 
        psychological understanding of, and responses to, 
        terrorist incidents, including the ability to cope with 
        hijacker behavior, and passenger responses.
            (7) Live situational training exercises regarding 
        various threat conditions, including tunnel evacuation 
        procedures.
            (8) Recognition and reporting of dangerous 
        substances and suspicious packages, persons, and 
        situations.
            (9) Understanding security incident procedures, 
        including procedures for communicating with 
        governmental and nongovernmental emergency response 
        providers and for on scene interaction with such 
        emergency response providers.
            (10) Operation and maintenance of security 
        equipment and systems.
            (11) Other security training activities that the 
        Secretary deems appropriate.
    (d) Required Programs.--
            (1) Development and submission to secretary.--Not 
        later than 90 days after a public transportation agency 
        meets the requirements under subsection (e), each such 
        public transportation agency shall develop a security 
        training program in accordance with the regulations 
        developed under subsection (a) and submit the program 
        to the Secretary for approval.
            (2) Approval.--Not later than 60 days after 
        receiving a security training program proposal under 
        this subsection, the Secretary shall approve the 
        program or require the public transportation agency 
        that developed the program to make any revisions to the 
        program that the Secretary determines necessary for the 
        program to meet the requirements of the regulations. A 
        public transportation agency shall respond to the 
        Secretary's comments within 30 days after receiving 
        them.
            (3) Training.--Not later than 1 year after the 
        Secretary approves a security training program proposal 
        in accordance with this subsection, the public 
        transportation agency that developed the program shall 
        complete the training of all employees covered under 
        the program.
            (4) Updates of regulations and program revisions.--
        The Secretary shall periodically review and update, as 
        appropriate, the training regulations issued under 
        subsection (a) to reflect new or changing security 
        threats. Each public transportation agency shall revise 
        its training program accordingly and provide additional 
        training as necessary to its workers within a 
        reasonable time after the regulations are updated.
    (e) Applicability.--A public transportation agency that 
receives a grant award under this title shall be required to 
develop and implement a security training program pursuant to 
this section.
    (f) Long-Term Training Requirement.--Any public 
transportation agency required to develop a security training 
program pursuant to this section shall provide routine and 
ongoing training for employees covered under the program, 
regardless of whether the public transportation agency receives 
subsequent grant awards.
    (g) National Training Program.--The Secretary shall ensure 
that the training program developed under subsection (a) is a 
component of the National Training Program established under 
section 648 of the Post Katrina Emergency Management Reform Act 
(Public Law 109-295; 6 U.S.C. 748).
    (h) Ferry Exemption.--This section shall not apply to any 
ferry system for which training is required to be conducted 
pursuant to section 70103 of title 46, United States Code.
    (i) Report.--Not later than 2 years after the date of 
issuance of the final regulation, the Comptroller General shall 
review implementation of the training program, including 
interviewing a representative sample of public transportation 
agencies and employees, and report to the appropriate 
congressional committees, on the number of reviews conducted 
and the results. The Comptroller General may submit the report 
in both classified and redacted formats as necessary.

SEC. 1409. PUBLIC TRANSPORTATION RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary shall carry out a research and development program 
through the Homeland Security Advanced Research Projects Agency 
in the Science and Technology Directorate and in consultation 
with the Transportation Security Administration and with the 
Federal Transit Administration, for the purpose of improving 
the security of public transportation systems.
    (b) Grants and Contracts Authorized.--The Secretary shall 
award grants or contracts to public or private entities to 
conduct research and demonstrate technologies and methods to 
reduce and deter terrorist threats or mitigate damages 
resulting from terrorist attacks against public transportation 
systems.
    (c) Use of Funds.--Grants or contracts awarded under 
subsection (a)--
            (1) shall be coordinated with activities of the 
        Homeland Security Advanced Research Projects Agency; 
        and
            (2) may be used to--
                    (A) research chemical, biological, 
                radiological, or explosive detection systems 
                that do not significantly impede passenger 
                access;
                    (B) research imaging technologies;
                    (C) conduct product evaluations and 
                testing;
                    (D) improve security and redundancy for 
                critical communications, electrical power, and 
                computer and train control systems;
                    (E) develop technologies for securing 
                tunnels, transit bridges and aerial structures;
                    (F) research technologies that mitigate 
                damages in the event of a cyber attack; and
                    (G) research other technologies or methods 
                for reducing or deterring terrorist attacks 
                against public transportation systems, or 
                mitigating damage from such attacks.
    (d) Privacy and Civil Rights and Civil Liberties Issues.--
            (1) Consultation.--In carrying out research and 
        development projects under this section, the Secretary 
        shall consult with the Chief Privacy Officer of the 
        Department and the Officer for Civil Rights and Civil 
        Liberties of the Department, as appropriate, and in 
        accordance with section 222 of the Homeland Security 
        Act of 2002 (6 U.S.C. 142).
            (2) Privacy impact assessments.--In accordance with 
        sections 222 and 705 of the Homeland Security Act of 
        2002 (6 U.S.C. 142; 345), the Chief Privacy Officer 
        shall conduct privacy impact assessments and the 
        Officer for Civil Rights and Civil Liberties shall 
        conduct reviews, as appropriate, for research and 
        development initiatives developed under this section.
    (e) Reporting Requirement.--Each entity that is awarded a 
grant or contract under this section shall report annually to 
the Department on the use of grant or contract funds received 
under this section to ensure that the awards made are expended 
in accordance with the purposes of this title and the 
priorities developed by the Secretary.
    (f) Coordination.--The Secretary shall ensure that the 
research is consistent with the priorities established in the 
National Strategy for Public Transportation Security and is 
coordinated, to the extent practicable, with other Federal, 
State, local, tribal, and private sector public transportation, 
railroad, commuter railroad, and over-the-road bus research 
initiatives to leverage resources and avoid unnecessary 
duplicative efforts.
    (g) Return of Misspent Grant or Contract Funds.--If the 
Secretary determines that a grantee or contractor used any 
portion of the grant or contract funds received under this 
section for a purpose other than the allowable uses specified 
under subsection (c), the grantee or contractor shall return 
any amount so used to the Treasury of the United States.
    (h) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to make grants under this 
section--
            (1) such sums as necessary for fiscal year 2007;
            (2) $25,000,000 for fiscal year 2008;
            (3) $25,000,000 for fiscal year 2009;
            (4) $25,000,000 for fiscal year 2010; and
            (5) $25,000,000 for fiscal year 2011.

SEC. 1410. INFORMATION SHARING.

    (a) Intelligence Sharing.--The Secretary shall ensure that 
the Department of Transportation receives appropriate and 
timely notification of all credible terrorist threats against 
public transportation assets in the United States.
    (b) Information Sharing Analysis Center.--
            (1) Authorization.--The Secretary shall provide for 
        the reasonable costs of the Information Sharing and 
        Analysis Center for Public Transportation (referred to 
        in this subsection as the ``ISAC'').
            (2) Participation.--The Secretary--
                    (A) shall require public transportation 
                agencies that the Secretary determines to be at 
                high risk of terrorist attack to participate in 
                the ISAC;
                    (B) shall encourage all other public 
                transportation agencies to participate in the 
                ISAC;
                    (C) shall encourage the participation of 
                nonprofit employee labor organizations 
                representing public transportation employees, 
                as appropriate; and
                    (D) shall not charge a fee for 
                participating in the ISAC.
    (c) Report.--The Comptroller General shall report, not less 
than 3 years after the date of enactment of this Act, to the 
appropriate congressional committees, as to the value and 
efficacy of the ISAC along with any other public transportation 
information-sharing programs ongoing at the Department. The 
report shall include an analysis of the user satisfaction of 
public transportation agencies on the state of information-
sharing and the value that each system provides the user, the 
costs and benefits of all centers and programs, the 
coordination among centers and programs, how each center or 
program contributes to implementing the information sharing 
plan under section 1203, and analysis of the extent to which 
the ISAC is duplicative with the Department's information-
sharing program.
    (d) Authorization.--
            (1) In general.--There are authorized to be 
        appropriated to the Secretary to carry out this 
        section--
                    (A) $600,000 for fiscal year 2008;
                    (B) $600,000 for fiscal year 2009;
                    (C) $600,000 for fiscal year 2010; and
                    (D) such sums as may be necessary for 2011, 
                provided the report required in subsection (c) 
                of this section has been submitted to Congress.
            (2) Availability of funds.--Such sums shall remain 
        available until expended.

SEC. 1411. THREAT ASSESSMENTS.

    Not later than 1 year after the date of enactment of this 
Act, the Secretary shall complete a name-based security 
background check against the consolidated terrorist watchlist 
and an immigration status check for all public transportation 
frontline employees, similar to the threat assessment screening 
program required for facility employees and longshoremen by the 
Commandant of the Coast Guard under Coast Guard Notice USCG-
2006-24189 (71 Fed. Reg. 25066 (April 8, 2006)).

SEC. 1412. REPORTING REQUIREMENTS.

    (a) Annual Report to Congress.--
            (1) In general.--Not later than March 31st of each 
        year, the Secretary shall submit a report, containing 
        the information described in paragraph (2), to the 
        appropriate congressional committees.
            (2) Contents.--The report submitted under paragraph 
        (1) shall include--
                    (A) a description of the implementation of 
                the provisions of this title;
                    (B) the amount of funds appropriated to 
                carry out the provisions of this title that 
                have not been expended or obligated;
                    (C) the National Strategy for Public 
                Transportation Security required under section 
                1404;
                    (D) an estimate of the cost to implement 
                the National Strategy for Public Transportation 
                Security which shall break out the aggregated 
                total cost of needed capital and operational 
                security improvements for fiscal years 2008-
                2018; and
                    (E) the state of public transportation 
                security in the United States, which shall 
                include detailing the status of security 
                assessments, the progress being made around the 
                country in developing prioritized lists of 
                security improvements necessary to make public 
                transportation facilities and passengers more 
                secure, the progress being made by agencies in 
                developing security plans and how those plans 
                differ from the security assessments and a 
                prioritized list of security improvements being 
                compiled by other agencies, as well as a random 
                sample of an equal number of large- and small-
                scale projects currently underway.
            (3) Format.--The Secretary may submit the report in 
        both classified and redacted formats if the Secretary 
        determines that such action is appropriate or 
        necessary.
    (b) Annual Report to Governors.--
            (1) In general.--Not later than March 31 of each 
        year, the Secretary shall submit a report to the 
        Governor of each State with a public transportation 
        agency that has received a grant under this Act.
            (2) Contents.--The report submitted under paragraph 
        (1) shall specify--
                    (A) the amount of grant funds distributed 
                to each such public transportation agency; and
                    (B) the use of such grant funds.

SEC. 1413. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIONS.

    (a) In General.--A public transportation agency, a 
contractor or a subcontractor of such agency, or an officer or 
employee of such agency, shall not discharge, demote, suspend, 
reprimand, or in any other way discriminate against an employee 
if such discrimination is due, in whole or in part, to the 
employee's lawful, good faith act done, or perceived by the 
employer to have been done or about to be done--
            (1) to provide information, directly cause 
        information to be provided, or otherwise directly 
        assist in any investigation regarding any conduct which 
        the employee reasonably believes constitutes a 
        violation of any Federal law, rule, or regulation 
        relating to public transportation safety or security, 
        or fraud, waste, or abuse of Federal grants or other 
        public funds intended to be used for public 
        transportation safety or security, if the information 
        or assistance is provided to or an investigation 
        stemming from the provided information is conducted 
        by--
                    (A) a Federal, State, or local regulatory 
                or law enforcement agency (including an office 
                of the Inspector General under the Inspector 
                General Act of 1978 (5 U.S.C. App.; Public Law 
                95-452);
                    (B) any Member of Congress, any Committee 
                of Congress, or the Government Accountability 
                Office; or
                    (C) a person with supervisory authority 
                over the employee or such other person who has 
                the authority to investigate, discover, or 
                terminate the misconduct;
            (2) to refuse to violate or assist in the violation 
        of any Federal law, rule, or regulation relating to 
        public transportation safety or security;
            (3) to file a complaint or directly cause to be 
        brought a proceeding related to the enforcement of this 
        section or to testify in that proceeding;
            (4) to cooperate with a safety or security 
        investigation by the Secretary of Transportation, the 
        Secretary of Homeland Security, or the National 
        Transportation Safety Board; or
            (5) to furnish information to the Secretary of 
        Transportation, the Secretary of Homeland Security, the 
        National Transportation Safety Board, or any Federal, 
        State, or local regulatory or law enforcement agency as 
        to the facts relating to any accident or incident 
        resulting in injury or death to an individual or damage 
        to property occurring in connection with public 
        transportation.
    (b) Hazardous Safety or Security Conditions.--(1) A public 
transportation agency, or a contractor or a subcontractor of 
such agency, or an officer or employee of such agency, shall 
not discharge, demote, suspend, reprimand, or in any other way 
discriminate against an employee for--
            (A) reporting a hazardous safety or security 
        condition;
            (B) refusing to work when confronted by a hazardous 
        safety or security condition related to the performance 
        of the employee's duties, if the conditions described 
        in paragraph (2) exist; or
            (C) refusing to authorize the use of any safety- or 
        security-related equipment, track, or structures, if 
        the employee is responsible for the inspection or 
        repair of the equipment, track, or structures, when the 
        employee believes that the equipment, track, or 
        structures are in a hazardous safety or security 
        condition, if the conditions described in paragraph (2) 
        of this subsection exist.
    (2) A refusal is protected under paragraph (1)(B) and (C) 
if--
            (A) the refusal is made in good faith and no 
        reasonable alternative to the refusal is available to 
        the employee;
            (B) a reasonable individual in the circumstances 
        then confronting the employee would conclude that--
                    (i) the hazardous condition presents an 
                imminent danger of death or serious injury; and
                    (ii) the urgency of the situation does not 
                allow sufficient time to eliminate the danger 
                without such refusal; and
    (C) the employee, where possible, has notified the public 
transportation agency of the existence of the hazardous 
condition and the intention not to perform further work, or not 
to authorize the use of the hazardous equipment, track, or 
structures, unless the condition is corrected immediately or 
the equipment, track, or structures are repaired properly or 
replaced.
    (3) In this subsection, only subsection (b)(1)(A) shall 
apply to security personnel, including transit police, employed 
or utilized by a public transportation agency to protect 
riders, equipment, assets, or facilities.
    (c) Enforcement Action.--
            (1) Filing and notification.--A person who believes 
        that he or she has been discharged or otherwise 
        discriminated against by any person in violation of 
        subsection (a) or (b) may, not later than 180 days 
        after the date on which such violation occurs, file (or 
        have any person file on his or her behalf) a complaint 
        with the Secretary of Labor alleging such discharge or 
        discrimination. Upon receipt of a complaint filed under 
        this paragraph, the Secretary of Labor shall notify, in 
        writing, the person named in the complaint and the 
        person's employer of the filing of the complaint, of 
        the allegations contained in the complaint, of the 
        substance of evidence supporting the complaint, and of 
        the opportunities that will be afforded to such person 
        under paragraph (2).
            (2) Investigation; preliminary order.--
                    (A) In general.--Not later than 60 days 
                after the date of receipt of a complaint filed 
                under paragraph (1) and after affording the 
                person named in the complaint an opportunity to 
                submit to the Secretary of Labor a written 
                response to the complaint and an opportunity to 
                meet with a representative of the Secretary of 
                Labor to present statements from witnesses, the 
                Secretary of Labor shall conduct an 
                investigation and determine whether there is 
                reasonable cause to believe that the complaint 
                has merit and notify, in writing, the 
                complainant and the person alleged to have 
                committed a violation of subsection (a) or (b) 
                of the Secretary of Labor's findings. If the 
                Secretary of Labor concludes that there is a 
                reasonable cause to believe that a violation of 
                subsection (a) or (b) has occurred, the 
                Secretary of Labor shall accompany the 
                Secretary of Labor's findings with a 
                preliminary order providing the relief 
                prescribed by paragraph (3)(B). Not later than 
                30 days after the date of notification of 
                findings under this paragraph, either the 
                person alleged to have committed the violation 
                or the complainant may file objections to the 
                findings or preliminary order, or both, and 
                request a hearing on the record. The filing of 
                such objections shall not operate to stay any 
                reinstatement remedy contained in the 
                preliminary order. Such hearings shall be 
                conducted expeditiously. If a hearing is not 
                requested in such 30-day period, the 
                preliminary order shall be deemed a final order 
                that is not subject to judicial review.
                    (B) Requirements.--
                            (i) Required showing by 
                        complainant.--The Secretary of Labor 
                        shall dismiss a complaint filed under 
                        this subsection and shall not conduct 
                        an investigation otherwise required 
                        under subparagraph (A) unless the 
                        complainant makes a prima facie showing 
                        that any behavior described in 
                        subsection (a) or (b) was a 
                        contributing factor in the unfavorable 
                        personnel action alleged in the 
                        complaint.
                            (ii) Showing by employer.--
                        Notwithstanding a finding by the 
                        Secretary of Labor that the complainant 
                        has made the showing required under 
                        clause (i), no investigation otherwise 
                        required under paragraph (A) shall be 
                        conducted if the employer demonstrates, 
                        by clear and convincing evidence, that 
                        the employer would have taken the same 
                        unfavorable personnel action in the 
                        absence of that behavior.
                            (iii) Criteria for determination by 
                        secretary of labor.--The Secretary of 
                        Labor may determine that a violation of 
                        subsection (a) or (b) has occurred only 
                        if the complainant demonstrates that 
                        any behavior described in subsection 
                        (a) or (b) was a contributing factor in 
                        the unfavorable personnel action 
                        alleged in the complaint.
                            (iv) Prohibition.--Relief may not 
                        be ordered under paragraph (A) if the 
                        employer demonstrates by clear and 
                        convincing evidence that the employer 
                        would have taken the same unfavorable 
                        personnel action in the absence of that 
                        behavior.
            (3) Final order.--
                    (A) Deadline for issuance; settlement 
                agreements.--Not later than 120 days after the 
                date of conclusion of a hearing under paragraph 
                (2), the Secretary of Labor shall issue a final 
                order providing the relief prescribed by this 
                paragraph or denying the complaint. At any time 
                before issuance of a final order, a proceeding 
                under this subsection may be terminated on the 
                basis of a settlement agreement entered into by 
                the Secretary of Labor, the complainant, and 
                the person alleged to have committed the 
                violation.
                    (B) Remedy.--If, in response to a complaint 
                filed under paragraph (1), the Secretary of 
                Labor determines that a violation of subsection 
                (a) or (b) has occurred, the Secretary of Labor 
                shall order the person who committed such 
                violation to--
                            (i) take affirmative action to 
                        abate the violation; and
                            (ii) provide the remedies described 
                        in subsection (d).
                    (C) Order.--If an order is issued under 
                subparagraph (B), the Secretary of Labor, at 
                the request of the complainant, shall assess 
                against the person against whom the order is 
                issued a sum equal to the aggregate amount of 
                all costs and expenses (including attorney and 
                expert witness fees) reasonably incurred, as 
                determined by the Secretary of Labor, by the 
                complainant for, or in connection with, 
                bringing the complaint upon which the order was 
                issued.
                    (D) Frivolous complaints.--If the Secretary 
                of Labor finds that a complaint under paragraph 
                (1) is frivolous or has been brought in bad 
                faith, the Secretary of Labor may award to the 
                prevailing employer reasonable attorney fees 
                not exceeding $1,000.
            (4) Review.--
                    (A) Appeal to court of appeals.--Any person 
                adversely affected or aggrieved by an order 
                issued under paragraph (3) may obtain review of 
                the order in the United States Court of Appeals 
                for the circuit in which the violation, with 
                respect to which the order was issued, 
                allegedly occurred or the circuit in which the 
                complainant resided on the date of such 
                violation. The petition for review must be 
                filed not later than 60 days after the date of 
                the issuance of the final order of the 
                Secretary of Labor. Review shall conform to 
                chapter 7 of title 5, United States Code. The 
                commencement of proceedings under this 
                subparagraph shall not, unless ordered by the 
                court, operate as a stay of the order.
                    (B) Limitation on collateral attack.--An 
                order of the Secretary of Labor with respect to 
                which review could have been obtained under 
                subparagraph (A) shall not be subject to 
                judicial review in any criminal or other civil 
                proceeding.
            (5) Enforcement of order by secretary of labor.--
        Whenever any person has failed to comply with an order 
        issued under paragraph (3), the Secretary of Labor may 
        file a civil action in the United States district court 
        for the district in which the violation was found to 
        occur to enforce such order. In actions brought under 
        this paragraph, the district courts shall have 
        jurisdiction to grant all appropriate relief including, 
        but not limited to, injunctive relief and compensatory 
        damages.
            (6) Enforcement of order by parties.--
                    (A) Commencement of action.--A person on 
                whose behalf an order was issued under 
                paragraph (3) may commence a civil action 
                against the person to whom such order was 
                issued to require compliance with such order. 
                The appropriate United States district court 
                shall have jurisdiction, without regard to the 
                amount in controversy or the citizenship of the 
                parties, to enforce such order.
                    (B) Attorney fees.--The court, in issuing 
                any final order under this paragraph, may award 
                costs of litigation (including reasonable 
                attorney and expert witness fees) to any party 
                whenever the court determines such award is 
                appropriate.
            (7) De novo review.--With respect to a complaint 
        under paragraph (1), if the Secretary of Labor has not 
        issued a final decision within 210 days after the 
        filing of the complaint and if the delay is not due to 
        the bad faith of the employee, the employee may bring 
        an original action at law or equity for de novo review 
        in the appropriate district court of the United States, 
        which shall have jurisdiction over such an action 
        without regard to the amount in controversy, and which 
        action shall, at the request of either party to such 
        action, be tried by the court with a jury. The action 
        shall be governed by the same legal burdens of proof 
        specified in paragraph (2)(B) for review by the 
        Secretary of Labor.
    (d) Remedies.--
            (1) In general.--An employee prevailing in any 
        action under subsection (c) shall be entitled to all 
        relief necessary to make the employee whole.
            (2) Damages.--Relief in an action under subsection 
        (c) (including an action described in (c)(7)) shall 
        include--
                    (A) reinstatement with the same seniority 
                status that the employee would have had, but 
                for the discrimination;
                    (B) any backpay, with interest; and
                    (C) compensatory damages, including 
                compensation for any special damages sustained 
                as a result of the discrimination, including 
                litigation costs, expert witness fees, and 
                reasonable attorney fees.
            (3) Possible relief.--Relief in any action under 
        subsection (c) may include punitive damages in an 
        amount not to exceed $250,000.
    (e) Election of Remedies.--An employee may not seek 
protection under both this section and another provision of law 
for the same allegedly unlawful act of the public 
transportation agency.
    (f) No Preemption.--Nothing in this section preempts or 
diminishes any other safeguards against discrimination, 
demotion, discharge, suspension, threats, harassment, 
reprimand, retaliation, or any other manner of discrimination 
provided by Federal or State law.
    (g) Rights Retained by Employee.--Nothing in this section 
shall be construed to diminish the rights, privileges, or 
remedies of any employee under any Federal or State law or 
under any collective bargaining agreement. The rights and 
remedies in this section may not be waived by any agreement, 
policy, form, or condition of employment.
    (h) Disclosure of Identity.--
            (1) Except as provided in paragraph (2) of this 
        subsection, or with the written consent of the 
        employee, the Secretary of Transportation or the 
        Secretary of Homeland Security may not disclose the 
        name of an employee who has provided information 
        described in subsection (a)(1).
            (2) The Secretary of Transportation or the 
        Secretary of Homeland Security shall disclose to the 
        Attorney General the name of an employee described in 
        paragraph (1) of this subsection if the matter is 
        referred to the Attorney General for enforcement. The 
        Secretary making such disclosure shall provide 
        reasonable advance notice to the affected employee if 
        disclosure of that person's identity or identifying 
        information is to occur.
    (i) Process for Reporting Security Problems to the 
Department of Homeland Security.--
            (1) Establishment of process.--The Secretary shall 
        establish through regulations after an opportunity for 
        notice and comment, and provide information to the 
        public regarding, a process by which any person may 
        submit a report to the Secretary regarding public 
        transportation security problems, deficiencies, or 
        vulnerabilities.
            (2) Acknowledgment of receipt.--If a report 
        submitted under paragraph (1) identifies the person 
        making the report, the Secretary shall respond promptly 
        to such person and acknowledge receipt of the report.
            (3) Steps to address problem.--The Secretary shall 
        review and consider the information provided in any 
        report submitted under paragraph (1) and shall take 
        appropriate steps to address any problems or 
        deficiencies identified.

SEC. 1414. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS FOR PUBLIC 
                    TRANSPORTATION.

    (a) Definitions.--In this section, the following 
definitions apply:
            (1) Security background check.--The term ``security 
        background check'' means reviewing the following for 
        the purpose of identifying individuals who may pose a 
        threat to transportation security, national security, 
        or of terrorism:
                    (A) Relevant criminal history databases.
                    (B) In the case of an alien (as defined in 
                section 101 of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(3))), the relevant 
                databases to determine the status of the alien 
                under the immigration laws of the United 
                States.
                    (C) Other relevant information or 
                databases, as determined by the Secretary.
            (2) Covered individual.--The term ``covered 
        individual'' means an employee of a public 
        transportation agency or a contractor or subcontractor 
        of a public transportation agency.
    (b) Guidance.--
            (1) Any guidance, recommendations, suggested action 
        items, or any other widely disseminated voluntary 
        action item issued by the Secretary to a public 
        transportation agency or a contractor or subcontractor 
        of a public transportation agency relating to 
        performing a security background check of a covered 
        individual shall contain recommendations on the 
        appropriate scope and application of such a security 
        background check, including the time period covered, 
        the types of disqualifying offenses, and a redress 
        process for adversely impacted covered individuals 
        consistent with subsections (c) and (d) of this 
        section.
            (2) Not later than 60 days after the date of 
        enactment of this Act, any guidance, recommendations, 
        suggested action items, or any other widely 
        disseminated voluntary action item issued by the 
        Secretary prior to the date of enactment of this Act to 
        a public transportation agency or a contractor or 
        subcontractor of a public transportation agency 
        relating to performing a security background check of a 
        covered individual shall be updated in compliance with 
        paragraph (b)(1).
            (3) If a public transportation agency or a 
        contractor or subcontractor of a public transportation 
        agency performs a security background check on a 
        covered individual to fulfill guidance issued by the 
        Secretary under paragraph (1) or (2), the Secretary 
        shall not consider such guidance fulfilled unless an 
        adequate redress process as described in subsection (d) 
        is provided to covered individuals.
    (c) Requirements.--If the Secretary issues a rule, 
regulation or directive requiring a public transportation 
agency or contractor or subcontractor of a public 
transportation agency to perform a security background check of 
a covered individual, then the Secretary shall prohibit a 
public transportation agency or contractor or subcontractor of 
a public transportation agency from making an adverse 
employment decision, including removal or suspension of the 
employee, due to such rule, regulation, or directive with 
respect to a covered individual unless the public 
transportation agency or contractor or subcontractor of a 
public transportation agency determines that the covered 
individual--
            (1) has been convicted of, has been found not 
        guilty of by reason of insanity, or is under want, 
        warrant, or indictment for a permanent disqualifying 
        criminal offense listed in part 1572 of title 49, Code 
        of Federal Regulations;
            (2) was convicted of or found not guilty by reason 
        of insanity of an interim disqualifying criminal 
        offense listed in part 1572 of title 49, Code of 
        Federal Regulations, within 7 years of the date that 
        the public transportation agency or contractor or 
        subcontractor of the public transportation agency 
        performs the security background check; or
            (3) was incarcerated for an interim disqualifying 
        criminal offense listed in part 1572 of title 49, Code 
        of Federal Regulations, and released from incarceration 
        within 5 years of the date that the public 
        transportation agency or contractor or subcontractor of 
        a public transportation agency performs the security 
        background check.
    (d) Redress Process.--If the Secretary issues a rule, 
regulation, or directive requiring a public transportation 
agency or contractor or subcontractor of a public 
transportation agency to perform a security background check of 
a covered individual, the Secretary shall--
            (1) provide an adequate redress process for a 
        covered individual subjected to an adverse employment 
        decision, including removal or suspension of the 
        employee, due to such rule, regulation, or directive 
        that is consistent with the appeals and waiver process 
        established for applicants for commercial motor vehicle 
        hazardous materials endorsements and transportation 
        workers at ports, as required by section 70105(c) of 
        title 49, United States Code; and
            (2) have the authority to order an appropriate 
        remedy, including reinstatement of the covered 
        individual, should the Secretary determine that a 
        public transportation agency or contractor or 
        subcontractor of a public transportation agency 
        wrongfully made an adverse employment decision 
        regarding a covered individual pursuant to such rule, 
        regulation, or directive.
    (e) False Statements.--A public transportation agency or a 
contractor or subcontractor of a public transportation agency 
may not knowingly misrepresent to an employee or other relevant 
person, including an arbiter involved in a labor arbitration, 
the scope, application, or meaning of any rules, regulations, 
directives, or guidance issued by the Secretary related to 
security background check requirements for covered individuals 
when conducting a security background check. Not later than 1 
year after the date of enactment of this Act, the Secretary 
shall issue a regulation that prohibits a public transportation 
agency or a contractor or subcontractor of a public 
transportation agency from knowingly misrepresenting to an 
employee or other relevant person, including an arbiter 
involved in a labor arbitration, the scope, application, or 
meaning of any rules, regulations, directives, or guidance 
issued by the Secretary related to security background check 
requirements for covered individuals when conducting a security 
background check.
    (f) Rights and Responsibilities.--Nothing in this section 
shall be construed to abridge a public transportation agency's 
or a contractor or subcontractor of a public transportation 
agency's rights or responsibilities to make adverse employment 
decisions permitted by other Federal, State, or local laws. 
Nothing in the section shall be construed to abridge rights and 
responsibilities of covered individuals, a public 
transportation agency, or a contractor or subcontractor of a 
public transportation agency under any other Federal, State, or 
local laws or collective bargaining agreement.
    (g) No Preemption of Federal or State Law.--Nothing in this 
section shall be construed to preempt a Federal, State, or 
local law that requires criminal history background checks, 
immigration status checks, or other background checks of 
covered individuals.
    (h) Statutory Construction.--Nothing in this section shall 
be construed to affect the process for review established under 
section 70105(c) of title 46, United States Code, including 
regulations issued pursuant to such section.

SEC. 1415. LIMITATION ON FINES AND CIVIL PENALTIES.

    (a) Inspectors.--Surface transportation inspectors shall be 
prohibited from issuing fines to public transportation agencies 
for violations of the Department's regulations or orders except 
through the process described in subsection (b).
    (b) Civil Penalties.--The Secretary shall be prohibited 
from assessing civil penalties against public transportation 
agencies for violations of the Department's regulations or 
orders, except in accordance with the following:
            (1) In the case of a public transportation agency 
        that is found to be in violation of a regulation or 
        order issued by the Secretary, the Secretary shall seek 
        correction of the violation through a written notice to 
        the public transportation agency and shall give the 
        public transportation agency reasonable opportunity to 
        correct the violation or propose an alternative means 
        of compliance acceptable to the Secretary.
            (2) If the public transportation agency does not 
        correct the violation or propose an alternative means 
        of compliance acceptable to the Secretary within a 
        reasonable time period that is specified in the written 
        notice, the Secretary may take any action authorized in 
        section 114 of title 49, United States Code, as amended 
        by this Act.
    (c) Limitation on Secretary.--The Secretary shall not 
initiate civil enforcement actions for violations of 
administrative and procedural requirements pertaining to the 
application for and expenditure of funds awarded under 
transportation security grant programs under this title.

               TITLE XV--SURFACE TRANSPORTATION SECURITY

                     Subtitle A--General Provisions

SEC. 1501. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Commerce, Science, and Transportation and 
        the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Homeland 
        Security and the Committee on Transportation and 
        Infrastructure of the House of Representatives.
            (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (4) Over-the-road bus.--The term ``over-the-road 
        bus'' means a bus characterized by an elevated 
        passenger deck located over a baggage compartment.
            (5) Over-the-road bus frontline employees.--In this 
        section, the term ``over-the-road bus frontline 
        employees'' means over-the-road bus drivers, security 
        personnel, dispatchers, maintenance and maintenance 
        support personnel, ticket agents, other terminal 
        employees, and other employees of an over-the-road bus 
        operator or terminal owner or operator that the 
        Secretary determines should receive security training 
        under this title.
            (6) Railroad frontline employees.--In this section, 
        the term ``railroad frontline employees'' means 
        security personnel, dispatchers, locomotive engineers, 
        conductors, trainmen, other onboard employees, 
        maintenance and maintenance support personnel, bridge 
        tenders, and any other employees of railroad carriers 
        that the Secretary determines should receive security 
        training under this title.
            (7) Railroad.--The term ``railroad'' has the 
        meaning that term has in section 20102 of title 49, 
        United States Code.
            (8) Railroad carrier.--The term ``railroad 
        carrier'' has the meaning that term has in section 
        20102 of title 49, United States Code.
            (9) State.--The term ``State'' means any one of the 
        50 States, the District of Columbia, Puerto Rico, the 
        Northern Mariana Islands, the Virgin Islands, Guam, 
        American Samoa, and any other territory or possession 
        of the United States.
            (10) Terrorism.--The term ``terrorism'' has the 
        meaning that term has in section 2 of the Homeland 
        Security Act of 2002 (6 U.S.C. 101).
            (11) Transportation.--The term ``transportation'', 
        as used with respect to an over-the-road bus, means the 
        movement of passengers or property by an over-the-road 
        bus--
                    (A) in the jurisdiction of the United 
                States between a place in a State and a place 
                outside the State (including a place outside 
                the United States); or
                    (B) in a State that affects trade, traffic, 
                and transportation described in subparagraph 
                (A).
            (12) United states.--The term ``United States'' 
        means the 50 States, the District of Columbia, Puerto 
        Rico, the Northern Mariana Islands, the Virgin Islands, 
        Guam, American Samoa, and any other territory or 
        possession of the United States.
            (13) Security-sensitive material.--The term 
        ``security-sensitive material'' means a material, or a 
        group or class of material, in a particular amount and 
        form that the Secretary, in consultation with the 
        Secretary of Transportation, determines, through a 
        rulemaking with opportunity for public comment, poses a 
        significant risk to national security while being 
        transported in commerce due to the potential use of the 
        material in an act of terrorism. In making such a 
        designation, the Secretary shall, at a minimum, 
        consider the following:
                    (A) Class 7 radioactive materials.
                    (B) Division 1.1, 1.2, or 1.3 explosives.
                    (C) Materials poisonous or toxic by 
                inhalation, including Division 2.3 gases and 
                Division 6.1 materials.
                    (D) A select agent or toxin regulated by 
                the Centers for Disease Control and Prevention 
                under part 73 of title 42, Code of Federal 
                Regulations.
            (14) Disadvantaged business concerns.--The term 
        ``disadvantaged business concerns'' means small 
        businesses that are owned and controlled by socially 
        and economically disadvantaged individuals as defined 
        in section 124, of title 13, Code of Federal 
        Regulations.
            (15) Amtrak.--The term ``Amtrak'' means the 
        National Railroad Passenger Corporation.

SEC. 1502. OVERSIGHT AND GRANT PROCEDURES.

    (a) Secretarial Oversight.--The Secretary, in coordination 
with Secretary of Transportation for grants awarded to Amtrak, 
shall establish necessary procedures, including monitoring and 
audits, to ensure that grants made under this title are 
expended in accordance with the purposes of this title and the 
priorities and other criteria developed by the Secretary.
    (b) Additional Audits and Reviews.--The Secretary, and the 
Secretary of Transportation for grants awarded to Amtrak, may 
award contracts to undertake additional audits and reviews of 
the safety, security, procurement, management, and financial 
compliance of a recipient of amounts under this title.
    (c) Procedures for Grant Award.--Not later than 180 days 
after the date of enactment of this Act, the Secretary shall 
prescribe procedures and schedules for the awarding of grants 
under this title, including application and qualification 
procedures, and a record of decision on applicant eligibility. 
The procedures shall include the execution of a grant agreement 
between the grant recipient and the Secretary and shall be 
consistent, to the extent practicable, with the grant 
procedures established under section 70107(i) and (j) of title 
46, United States Code.
    (d) Additional Authority.--
            (1) Issuance.--The Secretary may issue non-binding 
        letters of intent to recipients of a grant under this 
        title, to commit funding from future budget authority 
        of an amount, not more than the Federal Government's 
        share of the project's cost, for a capital improvement 
        project.
            (2) Schedule.--The letter of intent under this 
        subsection shall establish a schedule under which the 
        Secretary will reimburse the recipient for the 
        Government's share of the project's costs, as amounts 
        become available, if the recipient, after the Secretary 
        issues that letter, carries out the project without 
        receiving amounts under a grant issued under this 
        title.
            (3) Notice to secretary.--A recipient that has been 
        issued a letter of intent under this section shall 
        notify the Secretary of the recipient's intent to carry 
        out a project before the project begins.
            (4) Notice to congress.--The Secretary shall 
        transmit to the appropriate congressional committees a 
        written notification at least 5 days before the 
        issuance of a letter of intent under this subsection.
            (5) Limitations.--A letter of intent issued under 
        this subsection is not an obligation of the Federal 
        Government under section 1501 of title 31, United 
        States Code, and the letter is not deemed to be an 
        administrative commitment for financing. An obligation 
        or administrative commitment may be made only as 
        amounts are provided in authorization and 
        appropriations laws.
    (e) Return of Misspent Grant Funds.--As part of the grant 
agreement under subsection (c), the Secretary shall require 
grant applicants to return any misspent grant funds received 
under this title that the Secretary considers to have been 
spent for a purpose other than those specified in the grant 
award. The Secretary shall take all necessary actions to 
recover such funds.
    (f) Congressional Notification.--Not later than 5 days 
before the award of any grant is made under this title, the 
Secretary shall notify the appropriate congressional committees 
of the intent to award such grant.
    (g) Guidelines.--The Secretary shall ensure, to the extent 
practicable, that grant recipients under this title who use 
contractors or subcontractors use small, minority, women-owned, 
or disadvantaged business concerns as contractors or 
subcontractors when appropriate.

SEC. 1503. AUTHORIZATION OF APPROPRIATIONS.

    (a) Transportation Security Administration Authorization.--
Section 114 of title 49, United States Code, as amended by 
section 1302 of this Act, is further amended by adding at the 
end the following:
    ``(w) Authorization of Appropriations.--There are 
authorized to be appropriated to the Secretary of Homeland 
Security for--
            ``(1) railroad security--
                    ``(A) $488,000,000 for fiscal year 2008;
                    ``(B) $483,000,000 for fiscal year 2009;
                    ``(C) $508,000,000 for fiscal year 2010; 
                and
                    ``(D) $508,000,000 for fiscal year 2011;
            ``(2) over-the-road bus and trucking security--
                    ``(A) $14,000,000 for fiscal year 2008;
                    ``(B) $27,000,000 for fiscal year 2009;
                    ``(C) $27,000,000 for fiscal year 2010; and
                    ``(D) $27,000,000 for fiscal year 2011; and
            ``(3) hazardous material and pipeline security--
                    ``(A) $12,000,000 for fiscal year 2008;
                    ``(B) $12,000,000 for fiscal year 2009; and
                    ``(C) $12,000,000 for fiscal year 2010.''.
    (b) Department of Transportation.--There are authorized to 
be appropriated to the Secretary of Transportation to carry out 
section 1515--
            (1) $38,000,000 for fiscal year 2008;
            (2) $40,000,000 for fiscal year 2009;
            (3) $55,000,000 for fiscal year 2010; and
            (4) $70,000,000 for fiscal year 2011.

SEC. 1504. PUBLIC AWARENESS.

    Not later than 180 days after the date of enactment of this 
Act, the Secretary shall develop a national plan for railroad 
and over-the-road bus security public outreach and awareness. 
Such a plan shall be designed to increase awareness of measures 
that the general public, passengers, and employees of railroad 
carriers and over-the-road bus operators can take to increase 
the security of the national railroad and over-the-road bus 
transportation systems. Such a plan shall also provide outreach 
to railroad carriers and over-the-road bus operators and their 
employees to improve their awareness of available technologies, 
ongoing research and development efforts, and available Federal 
funding sources to improve security. Not later than 9 months 
after the date of enactment of this Act, the Secretary shall 
implement the plan developed under this section.

                     Subtitle B--Railroad Security

SEC. 1511. RAILROAD TRANSPORTATION SECURITY RISK ASSESSMENT AND 
                    NATIONAL STRATEGY.

    (a) Risk Assessment.--The Secretary shall establish a 
Federal task force, including the Transportation Security 
Administration and other agencies within the Department, the 
Department of Transportation, and other appropriate Federal 
agencies, to complete, within 6 months of the date of enactment 
of this Act, a nationwide risk assessment of a terrorist attack 
on railroad carriers. The assessment shall include--
            (1) a methodology for conducting the risk 
        assessment, including timelines, that addresses how the 
        Department will work with the entities described in 
        subsection (c) and make use of existing Federal 
        expertise within the Department, the Department of 
        Transportation, and other appropriate agencies;
            (2) identification and evaluation of critical 
        assets and infrastructure, including tunnels used by 
        railroad carriers in high-threat urban areas;
            (3) identification of risks to those assets and 
        infrastructure;
            (4) identification of risks that are specific to 
        the transportation of hazardous materials via railroad;
            (5) identification of risks to passenger and cargo 
        security, transportation infrastructure protection 
        systems, operations, communications systems, and any 
        other area identified by the assessment;
            (6) an assessment of employee training and 
        emergency response planning;
            (7) an assessment of public and private operational 
        recovery plans, taking into account the plans for the 
        maritime sector required under section 70103 of title 
        46, United States Code, to expedite, to the maximum 
        extent practicable, the return of an adversely affected 
        railroad transportation system or facility to its 
        normal performance level after a major terrorist attack 
        or other security event on that system or facility; and
            (8) an account of actions taken or planned by both 
        public and private entities to address identified 
        railroad security issues and an assessment of the 
        effective integration of such actions.
    (b) National Strategy.--
            (1) Requirement.--Not later than 9 months after the 
        date of enactment of this Act and based upon the 
        assessment conducted under subsection (a), the 
        Secretary, consistent with and as required by section 
        114(t) of title 49, United States Code, shall develop 
        and implement the modal plan for railroad 
        transportation, entitled the ``National Strategy for 
        Railroad Transportation Security''.
            (2) Contents.--The modal plan shall include 
        prioritized goals, actions, objectives, policies, 
        mechanisms, and schedules for, at a minimum--
                    (A) improving the security of railroad 
                tunnels, railroad bridges, railroad switching 
                and car storage areas, other railroad 
                infrastructure and facilities, information 
                systems, and other areas identified by the 
                Secretary as posing significant railroad-
                related risks to public safety and the movement 
                of interstate commerce, taking into account the 
                impact that any proposed security measure might 
                have on the provision of railroad service or on 
                operations served or otherwise affected by 
                railroad service;
                    (B) deploying equipment and personnel to 
                detect security threats, including those posed 
                by explosives and hazardous chemical, 
                biological, and radioactive substances, and any 
                appropriate countermeasures;
                    (C) consistent with section 1517, training 
                railroad employees in terrorism prevention, 
                preparedness, passenger evacuation, and 
                response activities;
                    (D) conducting public outreach campaigns 
                for railroads regarding security, including 
                educational initiatives designed to inform the 
                public on how to prevent, prepare for, respond 
                to, and recover from a terrorist attack on 
                railroad transportation;
                    (E) providing additional railroad security 
                support for railroads at high or severe threat 
                levels of alert;
                    (F) ensuring, in coordination with freight 
                and intercity and commuter passenger railroads, 
                the continued movement of freight and 
                passengers in the event of an attack affecting 
                the railroad system, including the possibility 
                of rerouting traffic due to the loss of 
                critical infrastructure, such as a bridge, 
                tunnel, yard, or station;
                    (G) coordinating existing and planned 
                railroad security initiatives undertaken by the 
                public and private sectors;
                    (H) assessing--
                            (i) the usefulness of covert 
                        testing of railroad security systems;
                            (ii) the ability to integrate 
                        security into infrastructure design; 
                        and
                            (iii) the implementation of random 
                        searches of passengers and baggage; and
                    (I) identifying the immediate and long-term 
                costs of measures that may be required to 
                address those risks and public and private 
                sector sources to fund such measures.
            (3) Responsibilities.--The Secretary shall include 
        in the modal plan a description of the roles, 
        responsibilities, and authorities of Federal, State, 
        and local agencies, government-sponsored entities, 
        tribal governments, and appropriate stakeholders 
        described in subsection (c). The plan shall also 
        include--
                    (A) the identification of, and a plan to 
                address, gaps and unnecessary overlaps in the 
                roles, responsibilities, and authorities 
                described in this paragraph;
                    (B) a methodology for how the Department 
                will work with the entities described in 
                subsection (c), and make use of existing 
                Federal expertise within the Department, the 
                Department of Transportation, and other 
                appropriate agencies;
                    (C) a process for facilitating security 
                clearances for the purpose of intelligence and 
                information sharing with the entities described 
                in subsection (c), as appropriate;
                    (D) a strategy and timeline, coordinated 
                with the research and development program 
                established under section 1518, for the 
                Department, the Department of Transportation, 
                other appropriate Federal agencies and private 
                entities to research and develop new 
                technologies for securing railroad systems; and
                    (E) a process for coordinating existing or 
                future security strategies and plans for 
                railroad transportation, including the National 
                Infrastructure Protection Plan required by 
                Homeland Security Presidential Directive 7; 
                Executive Order Number 13416: ``Strengthening 
                Surface Transportation Security'' dated 
                December 5, 2006; the Memorandum of 
                Understanding between the Department and the 
                Department of Transportation on Roles and 
                Responsibilities dated September 28, 2004, and 
                any and all subsequent annexes to this 
                Memorandum of Understanding, and any other 
                relevant agreements between the two 
                Departments.
    (c) Consultation With Stakeholders.--In developing the 
National Strategy required under this section, the Secretary 
shall consult with railroad management, nonprofit employee 
organizations representing railroad employees, owners or 
lessors of railroad cars used to transport hazardous materials, 
emergency responders, offerors of security-sensitive materials, 
public safety officials, and other relevant parties.
    (d) Adequacy of Existing Plans and Strategies.--In 
developing the risk assessment and National Strategy required 
under this section, the Secretary shall utilize relevant 
existing plans, strategies, and risk assessments developed by 
the Department or other Federal agencies, including those 
developed or implemented pursuant to section 114(t) of title 
49, United States Code, or Homeland Security Presidential 
Directive 7, and, as appropriate, assessments developed by 
other public and private stakeholders.
    (e) Report.--
            (1) Contents.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary shall transmit 
        to the appropriate congressional committees a report 
        containing--
                    (A) the assessment and the National 
                Strategy required by this section; and
                    (B) an estimate of the cost to implement 
                the National Strategy.
            (2) Format.--The Secretary may submit the report in 
        both classified and redacted formats if the Secretary 
        determines that such action is appropriate or 
        necessary.
    (f) Annual Updates.--Consistent with the requirements of 
section 114(t) of title 49, United States Code, the Secretary 
shall update the assessment and National Strategy each year and 
transmit a report, which may be submitted in both classified 
and redacted formats, to the appropriate congressional 
committees containing the updated assessment and 
recommendations.
    (g) Funding.--Out of funds appropriated pursuant to section 
114(w) of title 49, United States Code, as amended by section 
1503 of this title, there shall be made available to the 
Secretary to carry out this section $5,000,000 for fiscal year 
2008.

SEC. 1512. RAILROAD CARRIER ASSESSMENTS AND PLANS.

    (a) In General.--Not later than 12 months after the date of 
enactment of this Act, the Secretary shall issue regulations 
that--
            (1) require each railroad carrier assigned to a 
        high-risk tier under this section to--
                    (A) conduct a vulnerability assessment in 
                accordance with subsections (c) and (d); and
                    (B) to prepare, submit to the Secretary for 
                approval, and implement a security plan in 
                accordance with this section that addresses 
                security performance requirements; and
            (2) establish standards and guidelines, based on 
        and consistent with the risk assessment and National 
        Strategy for Railroad Transportation Security developed 
        under section 1511, for developing and implementing the 
        vulnerability assessments and security plans for 
        railroad carriers assigned to high-risk tiers.
    (b) Non High-Risk Programs.--The Secretary may establish a 
security program for railroad carriers not assigned to a high-
risk tier, including--
            (1) guidance for such carriers in conducting 
        vulnerability assessments and preparing and 
        implementing security plans, as determined appropriate 
        by the Secretary; and
            (2) a process to review and approve such 
        assessments and plans, as appropriate.
    (c) Deadline for Submission.--Not later than 9 months after 
the date of issuance of the regulations under subsection (a), 
the vulnerability assessments and security plans required by 
such regulations for railroad carriers assigned to a high-risk 
tier shall be completed and submitted to the Secretary for 
review and approval.
    (d) Vulnerability Assessments.--
            (1) Requirements.--The Secretary shall provide 
        technical assistance and guidance to railroad carriers 
        in conducting vulnerability assessments under this 
        section and shall require that each vulnerability 
        assessment of a railroad carrier assigned to a high-
        risk tier under this section, include, as applicable--
                    (A) identification and evaluation of 
                critical railroad carrier assets and 
                infrastructure, including platforms, stations, 
                intermodal terminals, tunnels, bridges, 
                switching and storage areas, and information 
                systems as appropriate;
                    (B) identification of the vulnerabilities 
                to those assets and infrastructure;
                    (C) identification of strengths and 
                weaknesses in--
                            (i) physical security;
                            (ii) passenger and cargo security, 
                        including the security of security-
                        sensitive materials being transported 
                        by railroad or stored on railroad 
                        property;
                            (iii) programmable electronic 
                        devices, computers, or other automated 
                        systems which are used in providing the 
                        transportation;
                            (iv) alarms, cameras, and other 
                        protection systems;
                            (v) communications systems and 
                        utilities needed for railroad security 
                        purposes, including dispatching and 
                        notification systems;
                            (vi) emergency response planning;
                            (vii) employee training; and
                            (viii) such other matters as the 
                        Secretary determines appropriate; and
                    (D) identification of redundant and backup 
                systems required to ensure the continued 
                operation of critical elements of a railroad 
                carrier's system in the event of an attack or 
                other incident, including disruption of 
                commercial electric power or communications 
                network.
            (2) Threat information.--The Secretary shall 
        provide in a timely manner to the appropriate employees 
        of a railroad carrier, as designated by the railroad 
        carrier, threat information that is relevant to the 
        carrier when preparing and submitting a vulnerability 
        assessment and security plan, including an assessment 
        of the most likely methods that could be used by 
        terrorists to exploit weaknesses in railroad security.
    (e) Security Plans.--
            (1) Requirements.--The Secretary shall provide 
        technical assistance and guidance to railroad carriers 
        in preparing and implementing security plans under this 
        section, and shall require that each security plan of a 
        railroad carrier assigned to a high-risk tier under 
        this section include, as applicable--
                    (A) identification of a security 
                coordinator having authority--
                            (i) to implement security actions 
                        under the plan;
                            (ii) to coordinate security 
                        improvements; and
                            (iii) to receive immediate 
                        communications from appropriate Federal 
                        officials regarding railroad security;
                    (B) a list of needed capital and 
                operational improvements;
                    (C) procedures to be implemented or used by 
                the railroad carrier in response to a terrorist 
                attack, including evacuation and passenger 
                communication plans that include individuals 
                with disabilities as appropriate;
                    (D) identification of steps taken with 
                State and local law enforcement agencies, 
                emergency responders, and Federal officials to 
                coordinate security measures and plans for 
                response to a terrorist attack;
                    (E) a strategy and timeline for conducting 
                training under section 1517;
                    (F) enhanced security measures to be taken 
                by the railroad carrier when the Secretary 
                declares a period of heightened security risk;
                    (G) plans for providing redundant and 
                backup systems required to ensure the continued 
                operation of critical elements of the railroad 
                carrier's system in the event of a terrorist 
                attack or other incident;
                    (H) a strategy for implementing enhanced 
                security for shipments of security-sensitive 
                materials, including plans for quickly locating 
                and securing such shipments in the event of a 
                terrorist attack or security incident; and
                    (I) such other actions or procedures as the 
                Secretary determines are appropriate to address 
                the security of railroad carriers.
            (2) Security coordinator requirements.--The 
        Secretary shall require that the individual serving as 
        the security coordinator identified in paragraph (1)(A) 
        is a citizen of the United States. The Secretary may 
        waive this requirement with respect to an individual if 
        the Secretary determines that it is appropriate to do 
        so based on a background check of the individual and a 
        review of the consolidated terrorist watchlist.
            (3) Consistency with other plans.--The Secretary 
        shall ensure that the security plans developed by 
        railroad carriers under this section are consistent 
        with the risk assessment and National Strategy for 
        Railroad Transportation Security developed under 
        section 1511.
    (f) Deadline for Review Process.--Not later than 6 months 
after receiving the assessments and plans required under this 
section, the Secretary shall--
            (1) review each vulnerability assessment and 
        security plan submitted to the Secretary in accordance 
        with subsection (c);
            (2) require amendments to any security plan that 
        does not meet the requirements of this section; and
            (3) approve any vulnerability assessment or 
        security plan that meets the requirements of this 
        section.
    (g) Interim Security Measures.--The Secretary may require 
railroad carriers, during the period before the deadline 
established under subsection (c), to submit a security plan 
under subsection (e) to implement any necessary interim 
security measures essential to providing adequate security of 
the railroad carrier's system. An interim plan required under 
this subsection will be superseded by a plan required under 
subsection (e).
    (h) Tier Assignment.--Utilizing the risk assessment and 
National Strategy for Railroad Transportation Security required 
under section 1511, the Secretary shall assign each railroad 
carrier to a risk-based tier established by the Secretary.
            (1) Provision of information.--The Secretary may 
        request, and a railroad carrier shall provide, 
        information necessary for the Secretary to assign a 
        railroad carrier to the appropriate tier under this 
        subsection.
            (2) Notification.--Not later than 60 days after the 
        date a railroad carrier is assigned to a tier under 
        this subsection, the Secretary shall notify the 
        railroad carrier of the tier to which it is assigned 
        and the reasons for such assignment.
            (3) High-risk tiers.--At least one of the tiers 
        established by the Secretary under this subsection 
        shall be designated a tier for high-risk railroad 
        carriers.
            (4) Reassignment.--The Secretary may reassign a 
        railroad carrier to another tier, as appropriate, in 
        response to changes in risk. The Secretary shall notify 
        the railroad carrier not later than 60 days after such 
        reassignment and provide the railroad carrier with the 
        reasons for such reassignment.
    (i) Nondisclosure of Information.--
            (1) Submission of information to congress.--Nothing 
        in this section shall be construed as authorizing the 
        withholding of any information from Congress.
            (2) Disclosure of independently furnished 
        information.--Nothing in this section shall be 
        construed as affecting any authority or obligation of a 
        Federal agency to disclose any record or information 
        that the Federal agency obtains from a railroad carrier 
        under any other Federal law.
    (j) Existing Procedures, Protocols and Standards.--
            (1) Determination.--In response to a petition by a 
        railroad carrier or at the discretion of the Secretary, 
        the Secretary may determine that existing procedures, 
        protocols, and standards meet all or part of the 
        requirements of this section, including regulations 
        issued under subsection (a), regarding vulnerability 
        assessments and security plans.
            (2) Election.--Upon review and written 
        determination by the Secretary that existing 
        procedures, protocols, or standards of a railroad 
        carrier satisfy the requirements of this section, the 
        railroad carrier may elect to comply with those 
        procedures, protocols, or standards instead of the 
        requirements of this section.
            (3) Partial approval.--If the Secretary determines 
        that the existing procedures, protocols, or standards 
        of a railroad carrier satisfy only part of the 
        requirements of this section, the Secretary may accept 
        such submission, but shall require submission by the 
        railroad carrier of any additional information relevant 
        to the vulnerability assessment and security plan of 
        the railroad carrier to ensure that the remaining 
        requirements of this section are fulfilled.
            (4) Notification.--If the Secretary determines that 
        particular existing procedures, protocols, or standards 
        of a railroad carrier under this subsection do not 
        satisfy the requirements of this section, the Secretary 
        shall provide to the railroad carrier a written 
        notification that includes an explanation of the 
        determination.
            (5) Review.--Nothing in this subsection shall 
        relieve the Secretary of the obligation--
                    (A) to review the vulnerability assessment 
                and security plan submitted by a railroad 
                carrier under this section; and
                    (B) to approve or disapprove each 
                submission on an individual basis.
    (k) Periodic Evaluation by Railroad Carriers Required.--
            (1) Submission of evaluation.--Not later than 3 
        years after the date on which a vulnerability 
        assessment or security plan required to be submitted to 
        the Secretary under subsection (c) is approved, and at 
        least once every 5 years thereafter (or on such a 
        schedule as the Secretary may establish by regulation), 
        a railroad carrier who submitted a vulnerability 
        assessment and security plan and who is still assigned 
        to the high-risk tier must also submit to the Secretary 
        an evaluation of the adequacy of the vulnerability 
        assessment and security plan that includes a 
        description of any material changes made to the 
        vulnerability assessment or security plan.
            (2) Review of evaluation.--Not later than 180 days 
        after the date on which an evaluation is submitted, the 
        Secretary shall review the evaluation and notify the 
        railroad carrier submitting the evaluation of the 
        Secretary's approval or disapproval of the evaluation.
    (l) Shared Facilities.--The Secretary may permit under this 
section the development and implementation of coordinated 
vulnerability assessments and security plans to the extent that 
a railroad carrier shares facilities with, or is colocated 
with, other transportation entities or providers that are 
required to develop vulnerability assessments and security 
plans under Federal law.
    (m) Consultation.--In carrying out this section, the 
Secretary shall consult with railroad carriers, nonprofit 
employee labor organizations representating railroad employees, 
and public safety and law enforcement officials.

SEC. 1513. RAILROAD SECURITY ASSISTANCE.

    (a) Security Improvement Grants.--(1) The Secretary, in 
consultation with the Administrator of the Transportation 
Security Administration and other appropriate agencies or 
officials, is authorized to make grants to railroad carriers, 
the Alaska Railroad, security-sensitive materials offerors who 
ship by railroad, owners of railroad cars used in the 
transportation of security-sensitive materials, State and local 
governments (for railroad passenger facilities and 
infrastructure not owned by Amtrak), and Amtrak for intercity 
passenger railroad and freight railroad security improvements 
described in subsection (b) as approved by the Secretary.
    (2) A railroad carrier is eligible for a grant under this 
section if the carrier has completed a vulnerability assessment 
and developed a security plan that the Secretary has approved 
in accordance with section 1512.
    (3) A recipient of a grant under this section may use grant 
funds only for permissible uses under subsection (b) to further 
a railroad security plan that meets the requirements of 
paragraph (2).
    (4) Notwithstanding the requirement for eligibility and 
uses of funds in paragraphs (2) and (3), a railroad carrier is 
eligible for a grant under this section if the applicant uses 
the funds solely for the development of assessments or security 
plans under section 1512.
    (5) Notwithstanding the requirements for eligibility and 
uses of funds in paragraphs (2) and (3), prior to the earlier 
of one year after the date of issuance of final regulations 
requiring vulnerability assessments and security plans under 
section 1512 or 3 years after the date of enactment of this 
Act, the Secretary may award grants under this section for rail 
security improvements listed under subsection (b) based upon 
railroad carrier vulnerability assessments and security plans 
that the Secretary determines are sufficient for the purposes 
of this section but have not been approved by the Secretary in 
accordance with section 1512.
    (b) Uses of Funds.--A recipient of a grant under this 
section shall use the grant funds for one or more of the 
following:
            (1) Security and redundancy for critical 
        communications, computer, and train control systems 
        essential for secure railroad operations.
            (2) Accommodation of railroad cargo or passenger 
        security inspection facilities, related infrastructure, 
        and operations at or near United States international 
        borders or other ports of entry.
            (3) The security of security-sensitive materials 
        transportation by railroad.
            (4) Chemical, biological, radiological, or 
        explosive detection, including canine patrols for such 
        detection.
            (5) The security of intercity passenger railroad 
        stations, trains, and infrastructure, including 
        security capital improvement projects that the 
        Secretary determines enhance railroad station security.
            (6) Technologies to reduce the vulnerabilities of 
        railroad cars, including structural modification of 
        railroad cars transporting security-sensitive materials 
        to improve their resistance to acts of terrorism.
            (7) The sharing of intelligence and information 
        about security threats.
            (8) To obtain train tracking and communications 
        equipment, including equipment that is interoperable 
        with Federal, State, and local agencies and tribal 
        governments.
            (9) To hire, train, and employ police and security 
        officers, including canine units, assigned to full-time 
        security or counterterrorism duties related to railroad 
        transportation.
            (10) Overtime reimbursement, including 
        reimbursement of State, local, and tribal governments 
        for costs, for enhanced security personnel assigned to 
        duties related to railroad security during periods of 
        high or severe threat levels and National Special 
        Security Events or other periods of heightened security 
        as determined by the Secretary.
            (11) Perimeter protection systems, including access 
        control, installation of improved lighting, fencing, 
        and barricades at railroad facilities.
            (12) Tunnel protection systems.
            (13) Passenger evacuation and evacuation-related 
        capital improvements.
            (14) Railroad security inspection technologies, 
        including verified visual inspection technologies using 
        hand-held readers.
            (15) Surveillance equipment.
            (16) Cargo or passenger screening equipment.
            (17) Emergency response equipment, including fire 
        suppression and decontamination equipment, personal 
        protective equipment, and defibrillators.
            (18) Operating and capital costs associated with 
        security awareness, preparedness, and response 
        training, including training under section 1517, and 
        training developed by universities, institutions of 
        higher education, and nonprofit employee labor 
        organizations, for railroad employees, including 
        frontline employees.
            (19) Live or simulated exercises, including 
        exercises described in section 1516.
            (20) Public awareness campaigns for enhanced 
        railroad security.
            (21) Development of assessments or security plans 
        under section 1512.
            (22) Other security improvements--
                    (A) identified, required, or recommended 
                under sections 1511 and 1512, including 
                infrastructure, facilities, and equipment 
                upgrades; or
                    (B) that the Secretary considers 
                appropriate.
    (c) Department of Homeland Security Responsibilities.--In 
carrying out the responsibilities under subsection (a), the 
Secretary shall--
            (1) determine the requirements for recipients of 
        grants;
            (2) establish priorities for uses of funds for 
        grant recipients;
            (3) award the funds authorized by this section 
        based on risk, as identified by the plans required 
        under sections 1511 and 1512, or assessment or plan 
        described in subsection (a)(5);
            (4) take into account whether stations or 
        facilities are used by commuter railroad passengers as 
        well as intercity railroad passengers in reviewing 
        grant applications;
            (5) encourage non-Federal financial participation 
        in projects funded by grants; and
            (6) not later than 5 business days after awarding a 
        grant to Amtrak under this section, transfer grant 
        funds to the Secretary of Transportation to be 
        disbursed to Amtrak.
    (d) Multiyear Awards.--Grant funds awarded under this 
section may be awarded for projects that span multiple years.
    (e) Limitation on Uses of Funds.--A grant made under this 
section may not be used to make any State or local government 
cost-sharing contribution under any other Federal law.
    (f) Annual Reports.--Each recipient of a grant under this 
section shall report annually to the Secretary on the use of 
grant funds.
    (g) Non-Federal Match Study.--Not later than 240 days after 
the date of enactment of this Act, the Secretary shall provide 
a report to the appropriate congressional committees on the 
feasibility and appropriateness of requiring a non-Federal 
match for grants awarded to freight railroad carriers and other 
private entities under this section.
    (h) Subject to Certain Standards.--A recipient of a grant 
under this section and sections 1514 and 1515 shall be required 
to comply with the standards of section 24312 of title 49, 
United States Code, as in effect on January 1, 2007, with 
respect to the project in the same manner as Amtrak is required 
to comply with such standards for construction work financed 
under an agreement made under section 24308(a) of that title.
    (i) Authorization of Appropriations.--
            (1) In general.--Out of funds appropriated pursuant 
        to section 114(w) of title 49, United States Code, as 
        amended by section 1503 of this title, there shall be 
        made available to the Secretary to carry out this 
        section--
                    (A) $300,000,000 for fiscal year 2008;
                    (B) $300,000,000 for fiscal year 2009;
                    (C) $300,000,000 for fiscal year 2010; and
                    (D) $300,000,000 for fiscal year 2011.
            (2) Period of availability.--Sums appropriated to 
        carry out this section shall remain available until 
        expended.

SEC. 1514. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

    (a) In General.--
            (1) Grants.--Subject to subsection (b), the 
        Secretary, in consultation with the Administrator of 
        the Transportation Security Administration, is 
        authorized to make grants to Amtrak in accordance with 
        the provisions of this section.
            (2) General purposes.--The Secretary may make such 
        grants for the purposes of--
                    (A) protecting underwater and underground 
                assets and systems;
                    (B) protecting high-risk and high-
                consequence assets identified through 
                systemwide risk assessments;
                    (C) providing counterterrorism or security 
                training;
                    (D) providing both visible and 
                unpredictable deterrence; and
                    (E) conducting emergency preparedness 
                drills and exercises.
            (3) Specific projects.--The Secretary shall make 
        such grants--
                    (A) to secure major tunnel access points 
                and ensure tunnel integrity in New York, New 
                Jersey, Maryland, and Washington, DC;
                    (B) to secure Amtrak trains;
                    (C) to secure Amtrak stations;
                    (D) to obtain a watchlist identification 
                system approved by the Secretary;
                    (E) to obtain train tracking and 
                interoperable communications systems that are 
                coordinated with Federal, State, and local 
                agencies and tribal governments to the maximum 
                extent possible;
                    (F) to hire, train, and employ police and 
                security officers, including canine units, 
                assigned to full-time security or 
                counterterrorism duties related to railroad 
                transportation;
                    (G) for operating and capital costs 
                associated with security awareness, 
                preparedness, and response training, including 
                training under section 1517, and training 
                developed by universities, institutions of 
                higher education, and nonprofit employee labor 
                organizations, for railroad employees, 
                including frontline employees; and
                    (H) for live or simulated exercises, 
                including exercises described in section 1516.
    (b) Conditions.--The Secretary shall award grants to Amtrak 
under this section for projects contained in a systemwide 
security plan approved by the Secretary developed pursuant to 
section 1512. Not later than 5 business days after awarding a 
grant to Amtrak under this section, the Secretary shall 
transfer the grant funds to the Secretary of Transportation to 
be disbursed to Amtrak.
    (c) Equitable Geographic Allocation.--The Secretary shall 
ensure that, subject to meeting the highest security needs on 
Amtrak's entire system and consistent with the risk assessment 
required under section 1511 and Amtrak's vulnerability 
assessment and security plan developed under section 1512, 
stations and facilities located outside of the Northeast 
Corridor receive an equitable share of the security funds 
authorized by this section.
    (d) Availability of Funds.--
            (1) In general.--Out of funds appropriated pursuant 
        to section 114(w) of title 49, United States Code, as 
        amended by section 1503 of this title, there shall be 
        made available to the Secretary and the Administrator 
        of the Transportation Security Administration to carry 
        out this section--
                    (A) $150,000,000 for fiscal year 2008;
                    (B) $150,000,000 for fiscal year 2009;
                    (C) $175,000,000 for fiscal year 2010; and
                    (D) $175,000,000 for fiscal year 2011.
            (2) Availability of appropriated funds.--Amounts 
        appropriated pursuant to paragraph (1) shall remain 
        available until expended.

SEC. 1515. FIRE AND LIFE SAFETY IMPROVEMENTS.

    (a) Life-Safety Needs.--There are authorized to be 
appropriated to the Secretary of Transportation for making 
grants to Amtrak for the purpose of carrying out projects to 
make fire and life safety improvements to Amtrak tunnels on the 
Northeast Corridor the following amounts:
            (1) For the 6 New York and New Jersey tunnels to 
        provide ventilation, electrical, and fire safety 
        technology improvements, emergency communication and 
        lighting systems, and emergency access and egress for 
        passengers--
                    (A) $25,000,000 for fiscal year 2008;
                    (B) $30,000,000 for fiscal year 2009;
                    (C) $45,000,000 for fiscal year 2010; and
                    (D) $60,000,000 for fiscal year 2011.
            (2) For the Baltimore Potomac Tunnel and the Union 
        Tunnel, together, to provide adequate drainage and 
        ventilation, communication, lighting, standpipe, and 
        passenger egress improvements--
                    (A) $5,000,000 for fiscal year 2008;
                    (B) $5,000,000 for fiscal year 2009;
                    (C) $5,000,000 for fiscal year 2010; and
                    (D) $5,000,000 for fiscal year 2011.
            (3) For the Union Station tunnels in the District 
        of Columbia to improve ventilation, communication, 
        lighting, and passenger egress improvements--
                    (A) $5,000,000 for fiscal year 2008;
                    (B) $5,000,000 for fiscal year 2009;
                    (C) $5,000,000 for fiscal year 2010; and
                    (D) $5,000,000 for fiscal year 2011.
    (b) Infrastructure Upgrades.--Out of funds appropriated 
pursuant to section 1503(b), there shall be made available to 
the Secretary of Transportation for fiscal year 2008, 
$3,000,000 for the preliminary design of options for a new 
tunnel on a different alignment to augment the capacity of the 
existing Baltimore tunnels.
    (c) Availability of Amounts.--Amounts appropriated pursuant 
to this section shall remain available until expended.
    (d) Plans Required.--The Secretary of Transportation may 
not make amounts available to Amtrak for obligation or 
expenditure under subsection (a)--
            (1) until Amtrak has submitted to the Secretary of 
        Transportation, and the Secretary of Transportation has 
        approved, an engineering and financial plan for such 
        projects; and
            (2) unless, for each project funded pursuant to 
        this section, the Secretary of Transportation has 
        approved a project management plan prepared by Amtrak.
    (e) Review of Plans.--
            (1) In general.--The Secretary of Transportation 
        shall complete the review of a plan required under 
        subsection (d) and approve or disapprove the plan 
        within 45 days after the date on which each such plan 
        is submitted by Amtrak.
            (2) Incomplete or deficient plan.--If the Secretary 
        of Transportation determines that a plan is incomplete 
        or deficient, the Secretary of Transportation shall 
        notify Amtrak of the incomplete items or deficiencies 
        and Amtrak shall, within 30 days after receiving the 
        Secretary of Transportation's notification, submit a 
        modified plan for the Secretary of Transportation's 
        review.
            (3) Approval of plan.--Within 15 days after 
        receiving additional information on items previously 
        included in the plan, and within 45 days after 
        receiving items newly included in a modified plan, the 
        Secretary of Transportation shall either approve the 
        modified plan, or if the Secretary of Transportation 
        finds the plan is still incomplete or deficient, the 
        Secretary of Transportation shall--
                    (A) identify in writing to the appropriate 
                congressional committees the portions of the 
                plan the Secretary finds incomplete or 
                deficient;
                    (B) approve all other portions of the plan;
                    (C) obligate the funds associated with 
                those portions; and
                    (D) execute an agreement with Amtrak within 
                15 days thereafter on a process for resolving 
                the remaining portions of the plan.
    (f) Financial Contribution From Other Tunnel Users.--The 
Secretary of Transportation, taking into account the need for 
the timely completion of all portions of the tunnel projects 
described in subsection (a), shall--
            (1) consider the extent to which railroad carriers 
        other than Amtrak use or plan to use the tunnels;
            (2) consider the feasibility of seeking a financial 
        contribution from those other railroad carriers toward 
        the costs of the projects; and
            (3) obtain financial contributions or commitments 
        from such other railroad carriers at levels reflecting 
        the extent of their use or planned use of the tunnels, 
        if feasible.

SEC. 1516. RAILROAD CARRIER EXERCISES.

    (a) In General.--The Secretary shall establish a program 
for conducting security exercises for railroad carriers for the 
purpose of assessing and improving the capabilities of entities 
described in subsection (b) to prevent, prepare for, mitigate, 
respond to, and recover from acts of terrorism.
    (b) Covered Entities.--Entities to be assessed under the 
program shall include--
            (1) Federal, State, and local agencies and tribal 
        governments;
            (2) railroad carriers;
            (3) governmental and nongovernmental emergency 
        response providers, law enforcement agencies, and 
        railroad and transit police, as appropriate; and
            (4) any other organization or entity that the 
        Secretary determines appropriate.
    (c) Requirements.--The Secretary shall ensure that the 
program--
            (1) consolidates existing security exercises for 
        railroad carriers administered by the Department and 
        the Department of Transportation, as jointly determined 
        by the Secretary and the Secretary of Transportation, 
        unless the Secretary waives this consolidation 
        requirement as appropriate;
            (2) consists of exercises that are--
                    (A) scaled and tailored to the needs of the 
                carrier, including addressing the needs of the 
                elderly and individuals with disabilities;
                    (B) live, in the case of the most at-risk 
                facilities to a terrorist attack;
                    (C) coordinated with appropriate officials;
                    (D) as realistic as practicable and based 
                on current risk assessments, including credible 
                threats, vulnerabilities, and consequences;
                    (E) inclusive, as appropriate, of railroad 
                frontline employees; and
                    (F) consistent with the National Incident 
                Management System, the National Response Plan, 
                the National Infrastructure Protection Plan, 
                the National Preparedness Guidance, the 
                National Preparedness Goal, and other such 
                national initiatives;
            (3) provides that exercises described in paragraph 
        (2) will be--
                    (A) evaluated by the Secretary against 
                clear and consistent performance measures;
                    (B) assessed by the Secretary to identify 
                best practices, which shall be shared, as 
                appropriate, with railroad carriers, nonprofit 
                employee organizations that represent railroad 
                carrier employees, Federal, State, local, and 
                tribal officials, governmental and 
                nongovernmental emergency response providers, 
                law enforcement personnel, including railroad 
                carrier and transit police, and other 
                stakeholders; and
                    (C) used to develop recommendations, as 
                appropriate, from the Secretary to railroad 
                carriers on remedial action to be taken in 
                response to lessons learned;
            (4) allows for proper advanced notification of 
        communities and local governments in which exercises 
        are held, as appropriate; and
            (5) assists State, local, and tribal governments 
        and railroad carriers in designing, implementing, and 
        evaluating additional exercises that conform to the 
        requirements of paragraph (1).
    (d) National Exercise Program.--The Secretary shall ensure 
that the exercise program developed under subsection (c) is a 
component of the National Exercise Program established under 
section 648 of the Post Katrina Emergency Management Reform Act 
(Public Law 109-295; 6 U.S.C. 748).

SEC. 1517. RAILROAD SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall develop and issue 
regulations for a training program to prepare railroad 
frontline employees for potential security threats and 
conditions. The regulations shall take into consideration any 
current security training requirements or best practices.
    (b) Consultation.--The Secretary shall develop the 
regulations under subsection (a) in consultation with--
            (1) appropriate law enforcement, fire service, 
        emergency response, security, and terrorism experts;
            (2) railroad carriers;
            (3) railroad shippers; and
            (4) nonprofit employee labor organizations 
        representing railroad employees or emergency response 
        personnel.
    (c) Program Elements.--The regulations developed under 
subsection (a) shall require security training programs 
described in subsection (a) to include, at a minimum, elements 
to address the following, as applicable:
            (1) Determination of the seriousness of any 
        occurrence or threat.
            (2) Crew and passenger communication and 
        coordination.
            (3) Appropriate responses to defend or protect 
        oneself.
            (4) Use of personal and other protective equipment.
            (5) Evacuation procedures for passengers and 
        railroad employees, including individuals with 
        disabilities and the elderly.
            (6) Psychology, behavior, and methods of 
        terrorists, including observation and analysis.
            (7) Training related to psychological responses to 
        terrorist incidents, including the ability to cope with 
        hijacker behavior and passenger responses.
            (8) Live situational training exercises regarding 
        various threat conditions, including tunnel evacuation 
        procedures.
            (9) Recognition and reporting of dangerous 
        substances, suspicious packages, and situations.
            (10) Understanding security incident procedures, 
        including procedures for communicating with 
        governmental and nongovernmental emergency response 
        providers and for on-scene interaction with such 
        emergency response providers.
            (11) Operation and maintenance of security 
        equipment and systems.
            (12) Other security training activities that the 
        Secretary considers appropriate.
    (d) Required Programs.--
            (1) Development and submission to secretary.--Not 
        later than 90 days after the Secretary issues 
        regulations under subsection (a), each railroad carrier 
        shall develop a security training program in accordance 
        with this section and submit the program to the 
        Secretary for approval.
            (2) Approval or disapproval.--Not later than 60 
        days after receiving a security training program 
        proposal under this subsection, the Secretary shall 
        approve the program or require the railroad carrier 
        that developed the program to make any revisions to the 
        program that the Secretary considers necessary for the 
        program to meet the requirements of this section. A 
        railroad carrier shall respond to the Secretary's 
        comments within 30 days after receiving them.
            (3) Training.--Not later than 1 year after the 
        Secretary approves a security training program in 
        accordance with this subsection, the railroad carrier 
        that developed the program shall complete the training 
        of all railroad frontline employees who were hired by a 
        carrier more than 30 days preceding such date. For such 
        employees employed less than 30 days by a carrier 
        preceding such date, training shall be completed within 
        the first 60 days of employment.
            (4) Updates of regulations and program revisions.--
        The Secretary shall periodically review and update as 
        appropriate the training regulations issued under 
        subsection (a) to reflect new or changing security 
        threats. Each railroad carrier shall revise its 
        training program accordingly and provide additional 
        training as necessary to its frontline employees within 
        a reasonable time after the regulations are updated.
    (e) National Training Program.--The Secretary shall ensure 
that the training program developed under subsection (a) is a 
component of the National Training Program established under 
section 648 of the Post Katrina Emergency Management Reform Act 
(Public Law 109-295; 6 U.S.C. 748).
    (f) Reporting Requirements.--Not later than 2 years after 
the date of regulation issuance, the Secretary shall review 
implementation of the training program of a representative 
sample of railroad carriers and railroad frontline employees, 
and report to the appropriate congressional committees on the 
number of reviews conducted and the results of such reviews. 
The Secretary may submit the report in both classified and 
redacted formats as necessary.
    (g) Other Employees.--The Secretary shall issue guidance 
and best practices for a railroad shipper employee security 
program containing the elements listed under subsection (c).

SEC. 1518. RAILROAD SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary, acting through the Under Secretary for Science and 
Technology and the Administrator of the Transportation Security 
Administration, shall carry out a research and development 
program for the purpose of improving the security of railroad 
transportation systems.
    (b) Eligible Projects.--The research and development 
program may include projects--
            (1) to reduce the vulnerability of passenger 
        trains, stations, and equipment to explosives and 
        hazardous chemical, biological, and radioactive 
        substances, including the development of technology to 
        screen passengers in large numbers at peak commuting 
        times with minimal interference and disruption;
            (2) to test new emergency response and recovery 
        techniques and technologies, including those used at 
        international borders;
            (3) to develop improved railroad security 
        technologies, including--
                    (A) technologies for sealing or modifying 
                railroad tank cars;
                    (B) automatic inspection of railroad cars;
                    (C) communication-based train control 
                systems;
                    (D) emergency response training, including 
                training in a tunnel environment;
                    (E) security and redundancy for critical 
                communications, electrical power, computer, and 
                train control systems; and
                    (F) technologies for securing bridges and 
                tunnels;
            (4) to test wayside detectors that can detect 
        tampering;
            (5) to support enhanced security for the 
        transportation of security-sensitive materials by 
        railroad;
            (6) to mitigate damages in the event of a cyber 
        attack; and
            (7) to address other vulnerabilities and risks 
        identified by the Secretary.
    (c) Coordination With Other Research Initiatives.--The 
Secretary--
            (1) shall ensure that the research and development 
        program is consistent with the National Strategy for 
        Railroad Transportation Security developed under 
        section 1511 and any other transportation security 
        research and development programs required by this Act;
            (2) shall, to the extent practicable, coordinate 
        the research and development activities of the 
        Department with other ongoing research and development 
        security-related initiatives, including research being 
        conducted by--
                    (A) the Department of Transportation, 
                including University Transportation Centers and 
                other institutes, centers, and simulators 
                funded by the Department of Transportation;
                    (B) the National Academy of Sciences;
                    (C) the Technical Support Working Group;
                    (D) other Federal departments and agencies; 
                and
                    (E) other Federal and private research 
                laboratories, research entities, and 
                universities and institutions of higher 
                education, including Historically Black 
                Colleges and Universities, Hispanic Serving 
                Institutions, or Indian Tribally Controlled 
                Colleges and Universities;
            (3) shall carry out any research and development 
        project authorized by this section through a 
        reimbursable agreement with an appropriate Federal 
        agency, if the agency--
                    (A) is currently sponsoring a research and 
                development project in a similar area; or
                    (B) has a unique facility or capability 
                that would be useful in carrying out the 
                project;
            (4) may award grants, or enter into cooperative 
        agreements, contracts, other transactions, or 
        reimbursable agreements to the entities described in 
        paragraph (2) and the eligible grant recipients under 
        section 1513; and
            (5) shall make reasonable efforts to enter into 
        memoranda of understanding, contracts, grants, 
        cooperative agreements, or other transactions with 
        railroad carriers willing to contribute both physical 
        space and other resources.
    (d) Privacy and Civil Rights and Civil Liberties Issues.--
            (1) Consultation.--In carrying out research and 
        development projects under this section, the Secretary 
        shall consult with the Chief Privacy Officer of the 
        Department and the Officer for Civil Rights and Civil 
        Liberties of the Department as appropriate and in 
        accordance with section 222 of the Homeland Security 
        Act of 2002 (6 U.S.C. 142).
            (2) Privacy impact assessments.--In accordance with 
        sections 222 and 705 of the Homeland Security Act of 
        2002 (6 U.S.C. 142; 345), the Chief Privacy Officer 
        shall conduct privacy impact assessments and the 
        Officer for Civil Rights and Civil Liberties shall 
        conduct reviews, as appropriate, for research and 
        development initiatives developed under this section 
        that the Secretary determines could have an impact on 
        privacy, civil rights, or civil liberties.
    (e) Authorization of Appropriations.--
            (1) In general.--Out of funds appropriated pursuant 
        to section 114(w) of title 49, United States Code, as 
        amended by section 1503, there shall be made available 
        to the Secretary to carry out this section--
                    (A) $33,000,000 for fiscal year 2008;
                    (B) $33,000,000 for fiscal year 2009;
                    (C) $33,000,000 for fiscal year 2010; and
                    (D) $33,000,000 for fiscal year 2011.
            (2) Period of availability.--Such sums shall remain 
        available until expended.

SEC. 1519. RAILROAD TANK CAR SECURITY TESTING.

    (a) Railroad Tank Car Vulnerability Assessment.--
            (1) Assessment.--The Secretary shall assess the 
        likely methods of a deliberate terrorist attack against 
        a railroad tank car used to transport toxic-inhalation-
        hazard materials, and for each method assessed, the 
        degree to which it may be successful in causing death, 
        injury, or serious adverse effects to human health, the 
        environment, critical infrastructure, national 
        security, the national economy, or public welfare.
            (2) Threats.--In carrying out paragraph (1), the 
        Secretary shall consider the most current threat 
        information as to likely methods of a successful 
        terrorist attack on a railroad tank car transporting 
        toxic-inhalation-hazard materials, and may consider the 
        following:
                    (A) Explosive devices placed along the 
                tracks or attached to a railroad tank car.
                    (B) The use of missiles, grenades, rockets, 
                mortars, or other high-caliber weapons against 
                a railroad tank car.
            (3) Physical testing.--In developing the assessment 
        required under paragraph (1), the Secretary shall 
        conduct physical testing of the vulnerability of 
        railroad tank cars used to transport toxic-inhalation-
        hazard materials to different methods of a deliberate 
        attack, using technical information and criteria to 
        evaluate the structural integrity of railroad tank 
        cars.
            (4) Report.--Not later than 30 days after the 
        completion of the assessment under paragraph (1), the 
        Secretary shall provide to the appropriate 
        congressional committees a report, in the appropriate 
        format, on such assessment.
    (b) Railroad Tank Car Dispersion Modeling.--
            (1) In general.--The Secretary, acting through the 
        National Infrastructure Simulation and Analysis Center, 
        shall conduct an air dispersion modeling analysis of 
        release scenarios of toxic-inhalation-hazard materials 
        resulting from a terrorist attack on a loaded railroad 
        tank car carrying such materials in urban and rural 
        environments.
            (2) Considerations.--The analysis under this 
        subsection shall take into account the following 
        considerations:
                    (A) The most likely means of attack and the 
                resulting dispersal rate.
                    (B) Different times of day, to account for 
                differences in cloud coverage and other 
                atmospheric conditions in the environment being 
                modeled.
                    (C) Differences in population size and 
                density.
                    (D) Historically accurate wind speeds, 
                temperatures, and wind directions.
                    (E) Differences in dispersal rates or other 
                relevant factors related to whether a railroad 
                tank car is in motion or stationary.
                    (F) Emergency response procedures by local 
                officials.
                    (G) Any other considerations the Secretary 
                believes would develop an accurate, plausible 
                dispersion model for toxic-inhalation-hazard 
                materials released from a railroad tank car as 
                a result of a terrorist act.
            (3) Consultation.--In conducting the dispersion 
        modeling under paragraph (1), the Secretary shall 
        consult with the Secretary of Transportation, hazardous 
        materials experts, railroad carriers, nonprofit 
        employee labor organizations representing railroad 
        employees, appropriate State, local, and tribal 
        officials, and other Federal agencies, as appropriate.
            (4) Information sharing.--Upon completion of the 
        analysis required under paragraph (1), the Secretary 
        shall share the information developed with the 
        appropriate stakeholders, given appropriate information 
        protection provisions as may be required by the 
        Secretary.
            (5) Report.--Not later than 30 days after 
        completion of all dispersion analyses under paragraph 
        (1), the Secretary shall submit to the appropriate 
        congressional committees a report detailing the 
        Secretary's conclusions and findings in an appropriate 
        format.

SEC. 1520. RAILROAD THREAT ASSESSMENTS.

    Not later than 1 year after the date of enactment of this 
Act, the Secretary shall complete a name-based security 
background check against the consolidated terrorist watchlist 
and an immigration status check for all railroad frontline 
employees, similar to the threat assessment screening program 
required for facility employees and longshoremen by the 
Commandant of the Coast Guard under Coast Guard Notice USCG-
2006-24189 (71 Fed. Reg. 25066 (April 8, 2006)).

SEC. 1521. RAILROAD EMPLOYEE PROTECTIONS.

    Section 20109 of title 49, United States Code, is amended 
to read:

``SEC. 20109. EMPLOYEE PROTECTIONS.

    ``(a) In General.--A railroad carrier engaged in interstate 
or foreign commerce, a contractor or a subcontractor of such a 
railroad carrier, or an officer or employee of such a railroad 
carrier, may not discharge, demote, suspend, reprimand, or in 
any other way discriminate against an employee if such 
discrimination is due, in whole or in part, to the employee's 
lawful, good faith act done, or perceived by the employer to 
have been done or about to be done--
            ``(1) to provide information, directly cause 
        information to be provided, or otherwise directly 
        assist in any investigation regarding any conduct which 
        the employee reasonably believes constitutes a 
        violation of any Federal law, rule, or regulation 
        relating to railroad safety or security, or gross 
        fraud, waste, or abuse of Federal grants or other 
        public funds intended to be used for railroad safety or 
        security, if the information or assistance is provided 
        to or an investigation stemming from the provided 
        information is conducted by--
                    ``(A) a Federal, State, or local regulatory 
                or law enforcement agency (including an office 
                of the Inspector General under the Inspector 
                General Act of 1978 (5 U.S.C. App.; Public Law 
                95-452);
                    ``(B) any Member of Congress, any committee 
                of Congress, or the Government Accountability 
                Office; or
                    ``(C) a person with supervisory authority 
                over the employee or such other person who has 
                the authority to investigate, discover, or 
                terminate the misconduct;
            ``(2) to refuse to violate or assist in the 
        violation of any Federal law, rule, or regulation 
        relating to railroad safety or security;
            ``(3) to file a complaint, or directly cause to be 
        brought a proceeding related to the enforcement of this 
        part or, as applicable to railroad safety or security, 
        chapter 51 or 57 of this title, or to testify in that 
        proceeding;
            ``(4) to notify, or attempt to notify, the railroad 
        carrier or the Secretary of Transportation of a work-
        related personal injury or work-related illness of an 
        employee;
            ``(5) to cooperate with a safety or security 
        investigation by the Secretary of Transportation, the 
        Secretary of Homeland Security, or the National 
        Transportation Safety Board;
            ``(6) to furnish information to the Secretary of 
        Transportation, the Secretary of Homeland Security, the 
        National Transportation Safety Board, or any Federal, 
        State, or local regulatory or law enforcement agency as 
        to the facts relating to any accident or incident 
        resulting in injury or death to an individual or damage 
        to property occurring in connection with railroad 
        transportation; or
            ``(7) to accurately report hours on duty pursuant 
        to chapter 211.
    ``(b) Hazardous Safety or Security Conditions.--(1) A 
railroad carrier engaged in interstate or foreign commerce, or 
an officer or employee of such a railroad carrier, shall not 
discharge, demote, suspend, reprimand, or in any other way 
discriminate against an employee for--
            ``(A) reporting, in good faith, a hazardous safety 
        or security condition;
            ``(B) refusing to work when confronted by a 
        hazardous safety or security condition related to the 
        performance of the employee's duties, if the conditions 
        described in paragraph (2) exist; or
            ``(C) refusing to authorize the use of any safety-
        related equipment, track, or structures, if the 
        employee is responsible for the inspection or repair of 
        the equipment, track, or structures, when the employee 
        believes that the equipment, track, or structures are 
        in a hazardous safety or security condition, if the 
        conditions described in paragraph (2) exist.
    ``(2) A refusal is protected under paragraph (1)(B) and (C) 
if--
            ``(A) the refusal is made in good faith and no 
        reasonable alternative to the refusal is available to 
        the employee;
            ``(B) a reasonable individual in the circumstances 
        then confronting the employee would conclude that--
                    ``(i) the hazardous condition presents an 
                imminent danger of death or serious injury; and
                    ``(ii) the urgency of the situation does 
                not allow sufficient time to eliminate the 
                danger without such refusal; and
            ``(C) the employee, where possible, has notified 
        the railroad carrier of the existence of the hazardous 
        condition and the intention not to perform further 
        work, or not to authorize the use of the hazardous 
        equipment, track, or structures, unless the condition 
        is corrected immediately or the equipment, track, or 
        structures are repaired properly or replaced.
    ``(3) In this subsection, only paragraph (1)(A) shall apply 
to security personnel employed by a railroad carrier to protect 
individuals and property transported by railroad.
    ``(c) Enforcement Action.--
            ``(1) In general.--An employee who alleges 
        discharge, discipline, or other discrimination in 
        violation of subsection (a) or (b) of this section, may 
        seek relief in accordance with the provisions of this 
        section, with any petition or other request for relief 
        under this section to be initiated by filing a 
        complaint with the Secretary of Labor.
            ``(2) Procedure.--
                    ``(A) In general.--Any action under 
                paragraph (1) shall be governed under the rules 
                and procedures set forth in section 42121(b), 
                including:
                            ``(i) Burdens of proof.--Any action 
                        brought under (c)(1) shall be governed 
                        by the legal burdens of proof set forth 
                        in section 42121(b).
                            ``(ii) Statute of limitations.--An 
                        action under paragraph (1) shall be 
                        commenced not later than 180 days after 
                        the date on which the alleged violation 
                        of subsection (a) or (b) of this 
                        section occurs.
                            ``(iii) Civil actions to enforce.--
                        If a person fails to comply with an 
                        order issued by the Secretary of Labor 
                        pursuant to the procedures in section 
                        42121(b), the Secretary of Labor may 
                        bring a civil action to enforce the 
                        order in the district court of the 
                        United States for the judicial district 
                        in which the violation occurred, as set 
                        forth in 42121.
                    ``(B) Exception.--Notification made under 
                section 42121(b)(1) shall be made to the person 
                named in the complaint and the person's 
                employer.
            ``(3) De novo review.--With respect to a complaint 
        under paragraph (1), if the Secretary of Labor has not 
        issued a final decision within 210 days after the 
        filing of the complaint and if the delay is not due to 
        the bad faith of the employee, the employee may bring 
        an original action at law or equity for de novo review 
        in the appropriate district court of the United States, 
        which shall have jurisdiction over such an action 
        without regard to the amount in controversy, and which 
        action shall, at the request of either party to such 
        action, be tried by the court with a jury.
            ``(4) Appeals.--Any person adversely affected or 
        aggrieved by an order issued pursuant to the procedures 
        in section 42121(b), may obtain review of the order in 
        the United States court of appeals for the circuit in 
        which the violation, with respect to which the order 
        was issued, allegedly occurred or the circuit in which 
        the complainant resided on the date of such violation. 
        The petition for review must be filed not later than 60 
        days after the date of the issuance of the final order 
        of the Secretary of Labor. The review shall conform to 
        chapter 7 of title 5. The commencement of proceedings 
        under this paragraph shall not, unless ordered by the 
        court, operate as a stay of the order.
    ``(d) Remedies.--
            ``(1) In general.--An employee prevailing in any 
        action under subsection (c) shall be entitled to all 
        relief necessary to make the employee whole.
            ``(2) Damages.--Relief in an action under 
        subsection (c) (including an action described in 
        subsection (c)(3)) shall include--
                    ``(A) reinstatement with the same seniority 
                status that the employee would have had, but 
                for the discrimination;
                    ``(B) any backpay, with interest; and
                    ``(C) compensatory damages, including 
                compensation for any special damages sustained 
                as a result of the discrimination, including 
                litigation costs, expert witness fees, and 
                reasonable attorney fees.
            ``(3) Possible relief.--Relief in any action under 
        subsection (c) may include punitive damages in an 
        amount not to exceed $250,000.
    ``(e) Election of Remedies.--An employee may not seek 
protection under both this section and another provision of law 
for the same allegedly unlawful act of the railroad carrier.
    ``(f) No Preemption.--Nothing in this section preempts or 
diminishes any other safeguards against discrimination, 
demotion, discharge, suspension, threats, harassment, 
reprimand, retaliation, or any other manner of discrimination 
provided by Federal or State law.
    ``(g) Rights Retained by Employee.--Nothing in this section 
shall be deemed to diminish the rights, privileges, or remedies 
of any employee under any Federal or State law or under any 
collective bargaining agreement. The rights and remedies in 
this section may not be waived by any agreement, policy, form, 
or condition of employment.
    ``(h) Disclosure of Identity.--
            ``(1) Except as provided in paragraph (2) of this 
        subsection, or with the written consent of the 
        employee, the Secretary of Transportation or the 
        Secretary of Homeland Security may not disclose the 
        name of an employee of a railroad carrier who has 
        provided information about an alleged violation of this 
        part or, as applicable to railroad safety or security, 
        chapter 51 or 57 of this title, or a regulation 
        prescribed or order issued under any of those 
        provisions.
            ``(2) The Secretary of Transportation or the 
        Secretary of Homeland Security shall disclose to the 
        Attorney General the name of an employee described in 
        paragraph (1) if the matter is referred to the Attorney 
        General for enforcement. The Secretary making such 
        disclosures shall provide reasonable advance notice to 
        the affected employee if disclosure of that person's 
        identity or identifying information is to occur.
    ``(i) Process for Reporting Security Problems to the 
Department of Homeland Security.--
            ``(1) Establishment of process.--The Secretary of 
        Homeland Security shall establish through regulations, 
        after an opportunity for notice and comment, a process 
        by which any person may report to the Secretary of 
        Homeland Security regarding railroad security problems, 
        deficiencies, or vulnerabilities.
            ``(2) Acknowledgment of receipt.--If a report 
        submitted under paragraph (1) identifies the person 
        making the report, the Secretary of Homeland Security 
        shall respond promptly to such person and acknowledge 
        receipt of the report.
            ``(3) Steps to address problem.--The Secretary of 
        Homeland Security shall review and consider the 
        information provided in any report submitted under 
        paragraph (1) and shall take appropriate steps to 
        address any problems or deficiencies identified.''.

SEC. 1522. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS.

    (a) Definitions.--In this section, the following 
definitions apply:
            (1) Security background check.--The term ``security 
        background check'' means reviewing, for the purpose of 
        identifying individuals who may pose a threat to 
        transportation security or national security, or of 
        terrorism--
                    (A) relevant criminal history databases;
                    (B) in the case of an alien (as defined in 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(3)), the relevant databases to 
                determine the status of the alien under the 
                immigration laws of the United States; and
                    (C) other relevant information or 
                databases, as determined by the Secretary.
            (2) Covered individual.--The term ``covered 
        individual'' means an employee of a railroad carrier or 
        a contractor or subcontractor of a railroad carrier.
    (b) Guidance.--
            (1) Any guidance, recommendations, suggested action 
        items, or any other widely disseminated voluntary 
        action items issued by the Secretary to a railroad 
        carrier or a contractor or subcontractor of a railroad 
        carrier relating to performing a security background 
        check of a covered individual shall contain 
        recommendations on the appropriate scope and 
        application of such a security background check, 
        including the time period covered, the types of 
        disqualifying offenses, and a redress process for 
        adversely impacted covered individuals consistent with 
        subsections (c) and (d) of this section.
            (2) Within 60 days after the date of enactment of 
        this Act, any guidance, recommendations, suggested 
        action items, or any other widely disseminated 
        voluntary action item issued by the Secretary prior to 
        the date of enactment of this Act to a railroad carrier 
        or a contractor or subcontractor of a railroad carrier 
        relating to performing a security background check of a 
        covered individual shall be updated in compliance with 
        paragraph (1).
            (3) If a railroad carrier or a contractor or 
        subcontractor of a railroad carrier performs a security 
        background check on a covered individual to fulfill 
        guidance issued by the Secretary under paragraph (1) or 
        (2), the Secretary shall not consider such guidance 
        fulfilled unless an adequate redress process as 
        described in subsection (d) is provided to covered 
        individuals.
    (c) Requirements.--If the Secretary issues a rule, 
regulation, or directive requiring a railroad carrier or 
contractor or subcontractor of a railroad carrier to perform a 
security background check of a covered individual, then the 
Secretary shall prohibit the railroad carrier or contractor or 
subcontractor of a railroad carrier from making an adverse 
employment decision, including removal or suspension of the 
covered individual, due to such rule, regulation, or directive 
with respect to a covered individual unless the railroad 
carrier or contractor or subcontractor of a railroad carrier 
determines that the covered individual--
            (1) has been convicted of, has been found not 
        guilty by reason of insanity, or is under want, 
        warrant, or indictment for a permanent disqualifying 
        criminal offense listed in part 1572 of title 49, Code 
        of Federal Regulations;
            (2) was convicted of or found not guilty by reason 
        of insanity of an interim disqualifying criminal 
        offense listed in part 1572 of title 49, Code of 
        Federal Regulations, within 7 years of the date that 
        the railroad carrier or contractor or subcontractor of 
        a railroad carrier performs the security background 
        check; or
            (3) was incarcerated for an interim disqualifying 
        criminal offense listed in part 1572 of title 49, Code 
        of Federal Regulations, and released from incarceration 
        within 5 years of the date that the railroad carrier or 
        contractor or subcontractor of a railroad carrier 
        performs the security background check.
    (d) Redress Process.--If the Secretary issues a rule, 
regulation, or directive requiring a railroad carrier or 
contractor or subcontractor of a railroad carrier to perform a 
security background check of a covered individual, the 
Secretary shall--
            (1) provide an adequate redress process for a 
        covered individual subjected to an adverse employment 
        decision, including removal or suspension of the 
        employee, due to such rule, regulation, or directive 
        that is consistent with the appeals and waiver process 
        established for applicants for commercial motor vehicle 
        hazardous materials endorsements and transportation 
        employees at ports, as required by section 70105(c) of 
        title 46, United States Code; and
            (2) have the authority to order an appropriate 
        remedy, including reinstatement of the covered 
        individual, should the Secretary determine that a 
        railroad carrier or contractor or subcontractor of a 
        railroad carrier wrongfully made an adverse employment 
        decision regarding a covered individual pursuant to 
        such rule, regulation, or directive.
    (e) False Statements.--A railroad carrier or a contractor 
or subcontractor of a railroad carrier may not knowingly 
misrepresent to an employee or other relevant person, including 
an arbiter involved in a labor arbitration, the scope, 
application, or meaning of any rules, regulations, directives, 
or guidance issued by the Secretary related to security 
background check requirements for covered individuals when 
conducting a security background check. Not later than 1 year 
after the date of enactment of this Act, the Secretary shall 
issue a regulation that prohibits a railroad carrier or a 
contractor or subcontractor of a railroad carrier from 
knowingly misrepresenting to an employee or other relevant 
person, including an arbiter involved in a labor arbitration, 
the scope, application, or meaning of any rules, regulations, 
directives, or guidance issued by the Secretary related to 
security background check requirements for covered individuals 
when conducting a security background check.
    (f) Rights and Responsibilities.--Nothing in this section 
shall be construed to abridge a railroad carrier's or a 
contractor or subcontractor of a railroad carrier's rights or 
responsibilities to make adverse employment decisions permitted 
by other Federal, State, or local laws. Nothing in the section 
shall be construed to abridge rights and responsibilities of 
covered individuals, a railroad carrier, or a contractor or 
subcontractor of a railroad carrier, under any other Federal, 
State, or local laws or under any collective bargaining 
agreement.
    (g) No Preemption of Federal or State Law.--Nothing in this 
section shall be construed to preempt a Federal, State, or 
local law that requires criminal history background checks, 
immigration status checks, or other background checks, of 
covered individuals.
    (h) Statutory Construction.--Nothing in this section shall 
be construed to affect the process for review established under 
section 70105(c) of title 46, United States Code, including 
regulations issued pursuant to such section.

SEC. 1523. NORTHERN BORDER RAILROAD PASSENGER REPORT.

    (a) In General.--Not later than 1 year after the date of 
enactment of this Act, the Secretary, in consultation with the 
Administrator of the Transportation Security Administration, 
the Secretary of Transportation, heads of other appropriate 
Federal departments and agencies and Amtrak shall transmit a 
report to the appropriate congressional committees that 
contains--
            (1) a description of the current system for 
        screening passengers and baggage on passenger railroad 
        service between the United States and Canada;
            (2) an assessment of the current program to provide 
        preclearance of airline passengers between the United 
        States and Canada as outlined in ``The Agreement on Air 
        Transport Preclearance between the Government of Canada 
        and the Government of the United States of America'', 
        dated January 18, 2001;
            (3) an assessment of the current program to provide 
        preclearance of freight railroad traffic between the 
        United States and Canada as outlined in the 
        ``Declaration of Principle for the Improved Security of 
        Rail Shipments by Canadian National Railway and 
        Canadian Pacific Railway from Canada to the United 
        States'', dated April 2, 2003;
            (4) information on progress by the Department of 
        Homeland Security and other Federal agencies towards 
        finalizing a bilateral protocol with Canada that would 
        provide for preclearance of passengers on trains 
        operating between the United States and Canada;
            (5) a description of legislative, regulatory, 
        budgetary, or policy barriers within the United States 
        Government to providing prescreened passenger lists for 
        railroad passengers traveling between the United States 
        and Canada to the Department;
            (6) a description of the position of the Government 
        of Canada and relevant Canadian agencies with respect 
        to preclearance of such passengers;
            (7) a draft of any changes in existing Federal law 
        necessary to provide for prescreening of such 
        passengers and providing prescreened passenger lists to 
        the Department; and
            (8) an analysis of the feasibility of reinstating 
        in-transit inspections onboard international Amtrak 
        trains.
    (b) Privacy and Civil Rights and Civil Liberties Issues.--
            (1) Consultation.--In preparing the report under 
        this section, the Secretary shall consult with the 
        Chief Privacy Officer of the Department and the Officer 
        for Civil Rights and Civil Liberties of the Department 
        as appropriate and in accordance with section 222 of 
        the Homeland Security Act of 2002.
            (2) Privacy impact assessments.--In accordance with 
        sections 222 and 705 of the Homeland Security Act of 
        2002, the report must contain a privacy impact 
        assessment conducted by the Chief Privacy Officer and a 
        review conducted by the Officer for Civil Rights and 
        Civil Liberties.

SEC. 1524. INTERNATIONAL RAILROAD SECURITY PROGRAM.

    (a) In General.--
            (1) The Secretary shall develop a system to detect 
        both undeclared passengers and contraband, with a 
        primary focus on the detection of nuclear and 
        radiological materials entering the United States by 
        railroad.
            (2) System requirements.--In developing the system 
        under paragraph (1), the Secretary may, in consultation 
        with the Domestic Nuclear Detection Office, Customs and 
        Border Protection, and the Transportation Security 
        Administration--
                    (A) deploy radiation detection equipment 
                and nonintrusive imaging equipment at locations 
                where railroad shipments cross an international 
                border to enter the United States;
                    (B) consider the integration of radiation 
                detection technologies with other nonintrusive 
                inspection technologies where feasible;
                    (C) ensure appropriate training, 
                operations, and response protocols are 
                established for Federal, State, and local 
                personnel;
                    (D) implement alternative procedures to 
                check railroad shipments at locations where the 
                deployment of nonintrusive inspection imaging 
                equipment is determined to not be practicable;
                    (E) ensure, to the extent practicable, that 
                such technologies deployed can detect 
                terrorists or weapons, including weapons of 
                mass destruction; and
                    (F) take other actions, as appropriate, to 
                develop the system.
    (b) Additional Information.--The Secretary shall--
            (1) identify and seek the submission of additional 
        data elements for improved high-risk targeting related 
        to the movement of cargo through the international 
        supply chain utilizing a railroad prior to importation 
        into the United States;
            (2) utilize data collected and maintained by the 
        Secretary of Transportation in the targeting of high-
        risk cargo identified under paragraph (1); and
            (3) analyze the data provided in this subsection to 
        identify high-risk cargo for inspection.
    (c) Report to Congress.--Not later than September 30, 2008, 
the Secretary shall transmit to the appropriate congressional 
committees a report that describes the progress of the system 
being developed under subsection (a).
    (d) Definitions.--In this section:
            (1) International supply chain.--The term 
        ``international supply chain'' means the end-to-end 
        process for shipping goods to or from the United 
        States, beginning at the point of origin (including 
        manufacturer, supplier, or vendor) through a point of 
        distribution to the destination.
            (2) Radiation detection equipment.--The term 
        ``radiation detection equipment'' means any technology 
        that is capable of detecting or identifying nuclear and 
        radiological material or nuclear and radiological 
        explosive devices.
            (3) Inspection.--The term ``inspection'' means the 
        comprehensive process used by Customs and Border 
        Protection to assess goods entering the United States 
        to appraise them for duty purposes, to detect the 
        presence of restricted or prohibited items, and to 
        ensure compliance with all applicable laws.

SEC. 1525. TRANSMISSION LINE REPORT.

    (a) Study.--The Comptroller General shall undertake an 
assessment of the placement of high-voltage, direct-current, 
electric transmission lines along active railroad and other 
transportation rights-of-way. In conducting the assessment, the 
Comptroller General shall evaluate any economic, safety, and 
security risks and benefits to inhabitants living adjacent to 
such rights-of-way and to consumers of electric power 
transmitted by such transmission lines.
    (b) Report.--Not later than 6 months after the date of 
enactment of this Act, the Comptroller General shall transmit 
the results of the assessment in subsection (a) to the 
appropriate congressional committees.

SEC. 1526. RAILROAD SECURITY ENHANCEMENTS.

    (a) Railroad Police Officers.--Section 28101 of title 49, 
United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before 
        ``Under''; and
            (2) by adding at the end the following:
    ``(b) Assignment.--A railroad police officer employed by a 
railroad carrier and certified or commissioned as a police 
officer under the laws of a State may be temporarily assigned 
to assist a second railroad carrier in carrying out law 
enforcement duties upon the request of the second railroad 
carrier, at which time the police officer shall be considered 
to be an employee of the second railroad carrier and shall have 
authority to enforce the laws of any jurisdiction in which the 
second railroad carrier owns property to the same extent as 
provided in subsection (a).''.
    (b) Model State Legislation.--Not later than November 2, 
2007, the Secretary of Transportation shall develop and make 
available to States model legislation to address the problem of 
entities that claim to be railroad carriers in order to 
establish and run a police force when the entities do not in 
fact provide railroad transportation. In developing the model 
State legislation the Secretary shall solicit the input of the 
States, railroads carriers, and railroad carrier employees. The 
Secretary shall review and, if necessary, revise such model 
State legislation periodically.

SEC. 1527. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CERTAIN AMTRAK 
                    CONTRACTS.

    Section 24301 of title 49, United States Code, is amended 
by adding at the end the following:
    ``(o) Applicability of District of Columbia Law.--Any lease 
or contract entered into between Amtrak and the State of 
Maryland, or any department or agency of the State of Maryland, 
after the date of the enactment of this subsection shall be 
governed by the laws of the District of Columbia.''.

SEC. 1528. RAILROAD PREEMPTION CLARIFICATION.

    Section 20106 of title 49, United States Code, is amended 
to read as follows:

``Sec. 20106. Preemption

    ``(a) National Uniformity of Regulation.--(1) Laws, 
regulations, and orders related to railroad safety and laws, 
regulations, and orders related to railroad security shall be 
nationally uniform to the extent practicable.
    ``(2) A State may adopt or continue in force a law, 
regulation, or order related to railroad safety or security 
until the Secretary of Transportation (with respect to railroad 
safety matters), or the Secretary of Homeland Security (with 
respect to railroad security matters), prescribes a regulation 
or issues an order covering the subject matter of the State 
requirement. A State may adopt or continue in force an 
additional or more stringent law, regulation, or order related 
to railroad safety or security when the law, regulation, or 
order--
            ``(A) is necessary to eliminate or reduce an 
        essentially local safety or security hazard;
            ``(B) is not incompatible with a law, regulation, 
        or order of the United States Government; and
            ``(C) does not unreasonably burden interstate 
        commerce.
    ``(b) Clarification Regarding State Law Causes of Action.--
(1) Nothing in this section shall be construed to preempt an 
action under State law seeking damages for personal injury, 
death, or property damage alleging that a party--
            ``(A) has failed to comply with the Federal 
        standard of care established by a regulation or order 
        issued by the Secretary of Transportation (with respect 
        to railroad safety matters), or the Secretary of 
        Homeland Security (with respect to railroad security 
        matters), covering the subject matter as provided in 
        subsection (a) of this section;
            ``(B) has failed to comply with its own plan, rule, 
        or standard that it created pursuant to a regulation or 
        order issued by either of the Secretaries; or
            ``(C) has failed to comply with a State law, 
        regulation, or order that is not incompatible with 
        subsection (a)(2).
    ``(2) This subsection shall apply to all pending State law 
causes of action arising from events or activities occurring on 
or after January 18, 2002.
    ``(c) Jurisdiction.--Nothing in this section creates a 
Federal cause of action on behalf of an injured party or 
confers Federal question jurisdiction for such State law causes 
of action.''.

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

SEC. 1531. OVER-THE-ROAD BUS SECURITY ASSESSMENTS AND PLANS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall issue regulations 
that--
            (1) require each over-the-road bus operator 
        assigned to a high-risk tier under this section--
                    (A) to conduct a vulnerability assessment 
                in accordance with subsections (c) and (d); and
                    (B) to prepare, submit to the Secretary for 
                approval, and implement a security plan in 
                accordance with subsection (e); and
            (2) establish standards and guidelines for 
        developing and implementing the vulnerability 
        assessments and security plans for carriers assigned to 
        high-risk tiers consistent with this section.
    (b) Non High-Risk Programs.--The Secretary may establish a 
security program for over-the-road bus operators not assigned 
to a high-risk tier, including--
            (1) guidance for such operators in conducting 
        vulnerability assessments and preparing and 
        implementing security plans, as determined appropriate 
        by the Secretary; and
            (2) a process to review and approve such 
        assessments and plans, as appropriate.
    (c) Deadline for Submission.--Not later than 9 months after 
the date of issuance of the regulations under subsection (a), 
the vulnerability assessments and security plans required by 
such regulations for over-the-road bus operators assigned to a 
high-risk tier shall be completed and submitted to the 
Secretary for review and approval.
    (d) Vulnerability Assessments.--
            (1) Requirements.--The Secretary shall provide 
        technical assistance and guidance to over-the-road bus 
        operators in conducting vulnerability assessments under 
        this section and shall require that each vulnerability 
        assessment of an operator assigned to a high-risk tier 
        under this section includes, as appropriate--
                    (A) identification and evaluation of 
                critical assets and infrastructure, including 
                platforms, stations, terminals, and information 
                systems;
                    (B) identification of the vulnerabilities 
                to those assets and infrastructure; and
                    (C) identification of weaknesses in--
                            (i) physical security;
                            (ii) passenger and cargo security;
                            (iii) the security of programmable 
                        electronic devices, computers, or other 
                        automated systems which are used in 
                        providing over-the-road bus 
                        transportation;
                            (iv) alarms, cameras, and other 
                        protection systems;
                            (v) communications systems and 
                        utilities needed for over-the-road bus 
                        security purposes, including 
                        dispatching systems;
                            (vi) emergency response planning;
                            (vii) employee training; and
                            (viii) such other matters as the 
                        Secretary determines appropriate.
            (2) Threat information.--The Secretary shall 
        provide in a timely manner to the appropriate employees 
        of an over-the-road bus operator, as designated by the 
        over-the-road bus operator, threat information that is 
        relevant to the operator when preparing and submitting 
        a vulnerability assessment and security plan, including 
        an assessment of the most likely methods that could be 
        used by terrorists to exploit weaknesses in over-the-
        road bus security.
    (e) Security Plans.--
            (1) Requirements.--The Secretary shall provide 
        technical assistance and guidance to over-the-road bus 
        operators in preparing and implementing security plans 
        under this section and shall require that each security 
        plan of an over-the-road bus operator assigned to a 
        high-risk tier under this section includes, as 
        appropriate--
                    (A) the identification of a security 
                coordinator having authority--
                            (i) to implement security actions 
                        under the plan;
                            (ii) to coordinate security 
                        improvements; and
                            (iii) to receive communications 
                        from appropriate Federal officials 
                        regarding over-the-road bus security;
                    (B) a list of needed capital and 
                operational improvements;
                    (C) procedures to be implemented or used by 
                the over-the-road bus operator in response to a 
                terrorist attack, including evacuation and 
                passenger communication plans that include 
                individuals with disabilities, as appropriate;
                    (D) the identification of steps taken with 
                State and local law enforcement agencies, 
                emergency responders, and Federal officials to 
                coordinate security measures and plans for 
                response to a terrorist attack;
                    (E) a strategy and timeline for conducting 
                training under section 1534;
                    (F) enhanced security measures to be taken 
                by the over-the-road bus operator when the 
                Secretary declares a period of heightened 
                security risk;
                    (G) plans for providing redundant and 
                backup systems required to ensure the continued 
                operation of critical elements of the over-the-
                road bus operator's system in the event of a 
                terrorist attack or other incident; and
                    (H) such other actions or procedures as the 
                Secretary determines are appropriate to address 
                the security of over-the-road bus operators.
            (2) Security coordinator requirements.--The 
        Secretary shall require that the individual serving as 
        the security coordinator identified in paragraph (1)(A) 
        is a citizen of the United States. The Secretary may 
        waive this requirement with respect to an individual if 
        the Secretary determines that it is appropriate to do 
        so based on a background check of the individual and a 
        review of the consolidated terrorist watchlist.
    (f) Deadline for Review Process.--Not later than 6 months 
after receiving the assessments and plans required under this 
section, the Secretary shall--
            (1) review each vulnerability assessment and 
        security plan submitted to the Secretary in accordance 
        with subsection (c);
            (2) require amendments to any security plan that 
        does not meet the requirements of this section; and
            (3) approve any vulnerability assessment or 
        security plan that meets the requirements of this 
        section.
    (g) Interim Security Measures.--The Secretary may require 
over-the-road bus operators, during the period before the 
deadline established under subsection (c), to submit a security 
plan to implement any necessary interim security measures 
essential to providing adequate security of the over-the-road 
bus operator's system. An interim plan required under this 
subsection shall be superseded by a plan required under 
subsection (c).
    (h) Tier Assignment.--The Secretary shall assign each over-
the-road bus operator to a risk-based tier established by the 
Secretary.
            (1) Provision of information.--The Secretary may 
        request, and an over-the-road bus operator shall 
        provide, information necessary for the Secretary to 
        assign an over-the-road bus operator to the appropriate 
        tier under this subsection.
            (2) Notification.--Not later than 60 days after the 
        date an over-the-road bus operator is assigned to a 
        tier under this section, the Secretary shall notify the 
        operator of the tier to which it is assigned and the 
        reasons for such assignment.
            (3) High-risk tiers.--At least one of the tiers 
        established by the Secretary under this section shall 
        be a tier designated for high-risk over-the-road bus 
        operators.
            (4) Reassignment.--The Secretary may reassign an 
        over-the-road bus operator to another tier, as 
        appropriate, in response to changes in risk and the 
        Secretary shall notify the over-the-road bus operator 
        within 60 days after such reassignment and provide the 
        operator with the reasons for such reassignment.
    (i) Existing Procedures, Protocols, and Standards.--
            (1) Determination.--In response to a petition by an 
        over-the-road bus operator or at the discretion of the 
        Secretary, the Secretary may determine that existing 
        procedures, protocols, and standards meet all or part 
        of the requirements of this section regarding 
        vulnerability assessments and security plans.
            (2) Election.--Upon review and written 
        determination by the Secretary that existing 
        procedures, protocols, or standards of an over-the-road 
        bus operator satisfy the requirements of this section, 
        the over-the-road bus operator may elect to comply with 
        those procedures, protocols, or standards instead of 
        the requirements of this section.
            (3) Partial approval.--If the Secretary determines 
        that the existing procedures, protocols, or standards 
        of an over-the-road bus operator satisfy only part of 
        the requirements of this section, the Secretary may 
        accept such submission, but shall require submission by 
        the operator of any additional information relevant to 
        the vulnerability assessment and security plan of the 
        operator to ensure that the remaining requirements of 
        this section are fulfilled.
            (4) Notification.--If the Secretary determines that 
        particular existing procedures, protocols, or standards 
        of an over-the-road bus operator under this subsection 
        do not satisfy the requirements of this section, the 
        Secretary shall provide to the operator a written 
        notification that includes an explanation of the 
        reasons for nonacceptance.
            (5) Review.--Nothing in this subsection shall 
        relieve the Secretary of the obligation--
                    (A) to review the vulnerability assessment 
                and security plan submitted by an over-the-road 
                bus operator under this section; and
                    (B) to approve or disapprove each 
                submission on an individual basis.
    (j) Periodic Evaluation by Over-the-Road Bus Provider 
Required.--
            (1) Submission of evaluation.--Not later than 3 
        years after the date on which a vulnerability 
        assessment or security plan required to be submitted to 
        the Secretary under subsection (c) is approved, and at 
        least once every 5 years thereafter (or on such a 
        schedule as the Secretary may establish by regulation), 
        an over-the-road bus operator who submitted a 
        vulnerability assessment and security plan and who is 
        still assigned to the high-risk tier shall also submit 
        to the Secretary an evaluation of the adequacy of the 
        vulnerability assessment and security plan that 
        includes a description of any material changes made to 
        the vulnerability assessment or security plan.
            (2) Review of evaluation.--Not later than 180 days 
        after the date on which an evaluation is submitted, the 
        Secretary shall review the evaluation and notify the 
        over-the-road bus operator submitting the evaluation of 
        the Secretary's approval or disapproval of the 
        evaluation.
    (k) Shared Facilities.--The Secretary may permit under this 
section the development and implementation of coordinated 
vulnerability assessments and security plans to the extent that 
an over-the-road bus operator shares facilities with, or is 
colocated with, other transportation entities or providers that 
are required to develop vulnerability assessments and security 
plans under Federal law.
    (l) Nondisclosure of Information.--
            (1) Submission of information to congress.--Nothing 
        in this section shall be construed as authorizing the 
        withholding of any information from Congress.
            (2) Disclosure of independently furnished 
        information.--Nothing in this section shall be 
        construed as affecting any authority or obligation of a 
        Federal agency to disclose any record or information 
        that the Federal agency obtains from an over-the-road 
        bus operator under any other Federal law.

SEC. 1532. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

    (a) In General.--The Secretary shall establish a program 
for making grants to eligible private operators providing 
transportation by an over-the-road bus for security 
improvements described in subsection (b).
    (b) Uses of Funds.--A recipient of a grant received under 
subsection (a) shall use the grant funds for one or more of the 
following:
            (1) Constructing and modifying terminals, garages, 
        and facilities, including terminals and other over-the-
        road bus facilities owned by State or local 
        governments, to increase their security.
            (2) Modifying over-the-road buses to increase their 
        security.
            (3) Protecting or isolating the driver of an over-
        the-road bus.
            (4) Acquiring, upgrading, installing, or operating 
        equipment, software, or accessorial services for 
        collection, storage, or exchange of passenger and 
        driver information through ticketing systems or other 
        means and for information links with government 
        agencies, for security purposes.
            (5) Installing cameras and video surveillance 
        equipment on over-the-road buses and at terminals, 
        garages, and over-the-road bus facilities.
            (6) Establishing and improving an emergency 
        communications system linking drivers and over-the-road 
        buses to the recipient's operations center or linking 
        the operations center to law enforcement and emergency 
        personnel.
            (7) Implementing and operating passenger screening 
        programs for weapons and explosives.
            (8) Public awareness campaigns for enhanced over-
        the-road bus security.
            (9) Operating and capital costs associated with 
        over-the-road bus security awareness, preparedness, and 
        response training, including training under section 
        1534 and training developed by institutions of higher 
        education and by nonprofit employee labor 
        organizations, for over-the-road bus employees, 
        including frontline employees.
            (10) Chemical, biological, radiological, or 
        explosive detection, including canine patrols for such 
        detection.
            (11) Overtime reimbursement, including 
        reimbursement of State, local, and tribal governments 
        for costs, for enhanced security personnel assigned to 
        duties related to over-the-road bus security during 
        periods of high or severe threat levels, National 
        Special Security Events, or other periods of heightened 
        security as determined by the Secretary.
            (12) Live or simulated exercises, including those 
        described in section 1533.
            (13) Operational costs to hire, train, and employ 
        police and security officers, including canine units, 
        assigned to full-time security or counterterrorism 
        duties related to over-the-road bus transportation, 
        including reimbursement of State, local, and tribal 
        government costs for such personnel.
            (14) Development of assessments or security plans 
        under section 1531.
            (15) Such other improvements as the Secretary 
        considers appropriate.
    (c) Due Consideration.--In making grants under this 
section, the Secretary shall prioritize grant funding based on 
security risks to bus passengers and the ability of a project 
to reduce, or enhance response to, that risk, and shall not 
penalize private operators of over-the-road buses that have 
taken measures to enhance over-the-road bus transportation 
security prior to September 11, 2001.
    (d) Department of Homeland Security Responsibilities.--In 
carrying out the responsibilities under subsection (a), the 
Secretary shall--
            (1) determine the requirements for recipients of 
        grants under this section, including application 
        requirements;
            (2) select grant recipients;
            (3) award the funds authorized by this section 
        based on risk, as identified by the plans required 
        under section 1531 or assessment or plan described in 
        subsection (f)(2); and
            (4) pursuant to subsection (c), establish 
        priorities for the use of funds for grant recipients.
    (e) Distribution of Grants.--Not later than 90 days after 
the date of enactment of this Act, the Secretary and the 
Secretary of Transportation shall determine the most effective 
and efficient way to distribute grant funds to the recipients 
of grants determined by the Secretary under subsection (a). 
Subject to the determination made by the Secretaries, the 
Secretary may transfer funds to the Secretary of Transportation 
for the purposes of disbursing funds to the grant recipient.
    (f) Eligibility.--
            (1) A private operator providing transportation by 
        an over-the-road bus is eligible for a grant under this 
        section if the operator has completed a vulnerability 
        assessment and developed a security plan that the 
        Secretary has approved under section 1531. Grant funds 
        may only be used for permissible uses under subsection 
        (b) to further an over-the-road bus security plan.
            (2) Notwithstanding the requirements for 
        eligibility and uses in paragraph (1), prior to the 
        earlier of one year after the date of issuance of final 
        regulations requiring vulnerability assessments and 
        security plans under section 1531 or 3 years after the 
        date of enactment of this Act, the Secretary may award 
        grants under this section for over-the-road bus 
        security improvements listed under subsection (b) based 
        upon over-the-road bus vulnerability assessments and 
        security plans that the Secretary deems are sufficient 
        for the purposes of this section but have not been 
        approved by the Secretary in accordance with section 
        1531.
    (g) Subject to Certain Terms and Conditions.--Except as 
otherwise specifically provided in this section, a grant made 
under this section shall be subject to the terms and conditions 
applicable to subrecipients who provide over-the-road bus 
transportation under section 5311(f) of title 49, United States 
Code, and such other terms and conditions as are determined 
necessary by the Secretary.
    (h) Limitation on Uses of Funds.--A grant made under this 
section may not be used to make any State or local government 
cost-sharing contribution under any other Federal law.
    (i) Annual Reports.--Each recipient of a grant under this 
section shall report annually to the Secretary and on the use 
of such grant funds.
    (j) Consultation.--In carrying out this section, the 
Secretary shall consult with over-the-road bus operators and 
nonprofit employee labor organizations representing over-the-
road bus employees, public safety and law enforcement 
officials.
    (k) Authorization.--
            (1) In general.--From the amounts appropriated 
        pursuant to section 114(w) of title 49, United States 
        Code, as amended by section 1503 of this Act, there 
        shall be made available to the Secretary to make grants 
        under this section--
                    (A) $12,000,000 for fiscal year 2008;
                    (B) $25,000,000 for fiscal year 2009;
                    (C) $25,000,000 for fiscal year 2010; and
                    (D) $25,000,000 for fiscal year 2011.
            (2) Period of availability.--Sums appropriated to 
        carry out this section shall remain available until 
        expended.

SEC. 1533. OVER-THE-ROAD BUS EXERCISES.

    (a) In General.--The Secretary shall establish a program 
for conducting security exercises for over-the-road bus 
transportation for the purpose of assessing and improving the 
capabilities of entities described in subsection (b) to 
prevent, prepare for, mitigate, respond to, and recover from 
acts of terrorism.
    (b) Covered Entities.--Entities to be assessed under the 
program shall include--
            (1) Federal, State, and local agencies and tribal 
        governments;
            (2) over-the-road bus operators and over-the-road 
        bus terminal owners and operators;
            (3) governmental and nongovernmental emergency 
        response providers and law enforcement agencies; and
            (4) any other organization or entity that the 
        Secretary determines appropriate.
    (c) Requirements.--The Secretary shall ensure that the 
program--
            (1) consolidates existing security exercises for 
        over-the-road bus operators and terminals administered 
        by the Department and the Department of Transportation, 
        as jointly determined by the Secretary and the 
        Secretary of Transportation, unless the Secretary 
        waives this consolidation requirement, as appropriate;
            (2) consists of exercises that are--
                    (A) scaled and tailored to the needs of the 
                over-the-road bus operators and terminals, 
                including addressing the needs of the elderly 
                and individuals with disabilities;
                    (B) live, in the case of the most at-risk 
                facilities to a terrorist attack;
                    (C) coordinated with appropriate officials;
                    (D) as realistic as practicable and based 
                on current risk assessments, including credible 
                threats, vulnerabilities, and consequences;
                    (E) inclusive, as appropriate, of over-the-
                road bus frontline employees; and
                    (F) consistent with the National Incident 
                Management System, the National Response Plan, 
                the National Infrastructure Protection Plan, 
                the National Preparedness Guidance, the 
                National Preparedness Goal, and other such 
                national initiatives;
            (3) provides that exercises described in paragraph 
        (2) will be--
                    (A) evaluated by the Secretary against 
                clear and consistent performance measures;
                    (B) assessed by the Secretary to identify 
                best practices, which shall be shared, as 
                appropriate, with operators providing over-the-
                road bus transportation, nonprofit employee 
                organizations that represent over-the-road bus 
                employees, Federal, State, local, and tribal 
                officials, governmental and nongovernmental 
                emergency response providers, and law 
                enforcement personnel; and
                    (C) used to develop recommendations, as 
                appropriate, provided to over-the-road bus 
                operators and terminal owners and operators on 
                remedial action to be taken in response to 
                lessons learned;
            (4) allows for proper advanced notification of 
        communities and local governments in which exercises 
        are held, as appropriate; and
            (5) assists State, local, and tribal governments 
        and over-the-road bus operators and terminal owners and 
        operators in designing, implementing, and evaluating 
        additional exercises that conform to the requirements 
        of paragraph (2).
    (d) National Exercise Program.--The Secretary shall ensure 
that the exercise program developed under subsection (c) is 
consistent with the National Exercise Program established under 
section 648 of the Post Katrina Emergency Management Reform Act 
(Public Law 109-295; 6 U.S.C. 748).

SEC. 1534. OVER-THE-ROAD BUS SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall develop and issue 
regulations for an over-the-road bus training program to 
prepare over-the-road bus frontline employees for potential 
security threats and conditions. The regulations shall take 
into consideration any current security training requirements 
or best practices.
    (b) Consultation.--The Secretary shall develop regulations 
under subsection (a) in consultation with--
            (1) appropriate law enforcement, fire service, 
        emergency response, security, and terrorism experts;
            (2) operators providing over-the-road bus 
        transportation; and
            (3) nonprofit employee labor organizations 
        representing over-the-road bus employees and emergency 
        response personnel.
    (c) Program Elements.--The regulations developed under 
subsection (a) shall require security training programs, to 
include, at a minimum, elements to address the following, as 
applicable:
            (1) Determination of the seriousness of any 
        occurrence or threat.
            (2) Driver and passenger communication and 
        coordination.
            (3) Appropriate responses to defend or protect 
        oneself.
            (4) Use of personal and other protective equipment.
            (5) Evacuation procedures for passengers and over-
        the-road bus employees, including individuals with 
        disabilities and the elderly.
            (6) Psychology, behavior, and methods of 
        terrorists, including observation and analysis.
            (7) Training related to psychological responses to 
        terrorist incidents, including the ability to cope with 
        hijacker behavior and passenger responses.
            (8) Live situational training exercises regarding 
        various threat conditions, including tunnel evacuation 
        procedures.
            (9) Recognition and reporting of dangerous 
        substances, suspicious packages, and situations.
            (10) Understanding security incident procedures, 
        including procedures for communicating with emergency 
        response providers and for on-scene interaction with 
        such emergency response providers.
            (11) Operation and maintenance of security 
        equipment and systems.
            (12) Other security training activities that the 
        Secretary considers appropriate.
    (d) Required Programs.--
            (1) Development and submission to secretary.--Not 
        later than 90 days after the Secretary issues the 
        regulations under subsection (a), each over-the-road 
        bus operator shall develop a security training program 
        in accordance with such regulations and submit the 
        program to the Secretary for approval.
            (2) Approval.--Not later than 60 days after 
        receiving a security training program under this 
        subsection, the Secretary shall approve the program or 
        require the over-the-road bus operator that developed 
        the program to make any revisions to the program that 
        the Secretary considers necessary for the program to 
        meet the requirements of the regulations. An over-the-
        road bus operator shall respond to the Secretary's 
        comments not later than 30 days after receiving them.
            (3) Training.--Not later than 1 year after the 
        Secretary approves a security training program in 
        accordance with this subsection, the over-the-road bus 
        operator that developed the program shall complete the 
        training of all over-the-road bus frontline employees 
        who were hired by the operator more than 30 days 
        preceding such date. For such employees employed less 
        than 30 days by an operator preceding such date, 
        training shall be completed within the first 60 days of 
        employment.
            (4) Updates of regulations and program revisions.--
        The Secretary shall periodically review and update, as 
        appropriate, the training regulations issued under 
        subsection (a) to reflect new or changing security 
        threats. Each over-the-road bus operator shall revise 
        its training program accordingly and provide additional 
        training as necessary to its employees within a 
        reasonable time after the regulations are updated.
    (e) National Training Program.--The Secretary shall ensure 
that the training program developed under subsection (a) is a 
component of the National Training Program established under 
section 648 of the Post Katrina Emergency Management Reform Act 
(Public Law 109-295; 6 U.S.C. 748).
    (f) Reporting Requirements.--Not later than 2 years after 
the date of regulation issuance, the Secretary shall review 
implementation of the training program of a representative 
sample of over-the-road bus operators and over-the-road bus 
frontline employees, and report to the appropriate 
congressional committees of such reviews. The Secretary may 
submit the report in both classified and redacted formats as 
necessary.

SEC. 1535. OVER-THE-ROAD BUS SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary, acting through the Under Secretary for Science and 
Technology and the Administrator of the Transportation Security 
Administration, shall carry out a research and development 
program for the purpose of improving the security of over-the-
road buses.
    (b) Eligible Projects.--The research and development 
program may include projects--
            (1) to reduce the vulnerability of over-the-road 
        buses, stations, terminals, and equipment to explosives 
        and hazardous chemical, biological, and radioactive 
        substances, including the development of technology to 
        screen passengers in large numbers with minimal 
        interference and disruption;
            (2) to test new emergency response and recovery 
        techniques and technologies, including those used at 
        international borders;
            (3) to develop improved technologies, including 
        those for--
                    (A) emergency response training, including 
                training in a tunnel environment, if 
                appropriate; and
                    (B) security and redundancy for critical 
                communications, electrical power, computer, and 
                over-the-road bus control systems; and
            (4) to address other vulnerabilities and risks 
        identified by the Secretary.
    (c) Coordination With Other Research Initiatives.--The 
Secretary--
            (1) shall ensure that the research and development 
        program is consistent with the other transportation 
        security research and development programs required by 
        this Act;
            (2) shall, to the extent practicable, coordinate 
        the research and development activities of the 
        Department with other ongoing research and development 
        security-related initiatives, including research being 
        conducted by--
                    (A) the Department of Transportation, 
                including University Transportation Centers and 
                other institutes, centers, and simulators 
                funded by the Department of Transportation;
                    (B) the National Academy of Sciences;
                    (C) the Technical Support Working Group;
                    (D) other Federal departments and agencies; 
                and
                    (E) other Federal and private research 
                laboratories, research entities, and 
                institutions of higher education, including 
                Historically Black Colleges and Universities, 
                Hispanic Serving Institutions, and Indian 
                Tribally Controlled Colleges and Universities;
            (3) shall carry out any research and development 
        project authorized by this section through a 
        reimbursable agreement with an appropriate Federal 
        agency, if the agency--
                    (A) is currently sponsoring a research and 
                development project in a similar area; or
                    (B) has a unique facility or capability 
                that would be useful in carrying out the 
                project;
            (4) may award grants and enter into cooperative 
        agreements, contracts, other transactions, or 
        reimbursable agreements to the entities described in 
        paragraph (2) and eligible recipients under section 
        1532; and
            (5) shall make reasonable efforts to enter into 
        memoranda of understanding, contracts, grants, 
        cooperative agreements, or other transactions with 
        private operators providing over-the-road bus 
        transportation willing to contribute assets, physical 
        space, and other resources.
    (d) Privacy and Civil Rights and Civil Liberties Issues.--
            (1) Consultation.--In carrying out research and 
        development projects under this section, the Secretary 
        shall consult with the Chief Privacy Officer of the 
        Department and the Officer for Civil Rights and Civil 
        Liberties of the Department as appropriate and in 
        accordance with section 222 of the Homeland Security 
        Act of 2002.
            (2) Privacy impact assessments.--In accordance with 
        sections 222 and 705 of the Homeland Security Act of 
        2002, the Chief Privacy Officer shall conduct privacy 
        impact assessments and the Officer for Civil Rights and 
        Civil Liberties shall conduct reviews, as appropriate, 
        for research and development initiatives developed 
        under this section that the Secretary determines could 
        have an impact on privacy, civil rights, or civil 
        liberties.
    (e) Authorization of Appropriations.--
            (1) In general.--From the amounts appropriated 
        pursuant to section 114(w) of title 49, United States 
        Code, as amended by section 1503 of this Act, there 
        shall be made available to the Secretary to carry out 
        this section--
                    (A) $2,000,000 for fiscal year 2008;
                    (B) $2,000,000 for fiscal year 2009;
                    (C) $2,000,000 for fiscal year 2010; and
                    (D) $2,000,000 for fiscal year 2011.
            (2) Period of availability.--Such sums shall remain 
        available until expended.

SEC. 1536. MOTOR CARRIER EMPLOYEE PROTECTIONS.

    Section 31105 of title 49, United States Code, is amended 
to read:
    ``(a) Prohibitions.--(1) A person may not discharge an 
employee, or discipline or discriminate against an employee 
regarding pay, terms, or privileges of employment, because--
            ``(A)(i) the employee, or another person at the 
        employee's request, has filed a complaint or begun a 
        proceeding related to a violation of a commercial motor 
        vehicle safety or security regulation, standard, or 
        order, or has testified or will testify in such a 
        proceeding; or
            ``(ii) the person perceives that the employee has 
        filed or is about to file a complaint or has begun or 
        is about to begin a proceeding related to a violation 
        of a commercial motor vehicle safety or security 
        regulation, standard, or order;
            ``(B) the employee refuses to operate a vehicle 
        because--
                    ``(i) the operation violates a regulation, 
                standard, or order of the United States related 
                to commercial motor vehicle safety, health, or 
                security; or
                    ``(ii) the employee has a reasonable 
                apprehension of serious injury to the employee 
                or the public because of the vehicle's 
                hazardous safety or security condition;
            ``(C) the employee accurately reports hours on duty 
        pursuant to chapter 315;
            ``(D) the employee cooperates, or the person 
        perceives that the employee is about to cooperate, with 
        a safety or security investigation by the Secretary of 
        Transportation, the Secretary of Homeland Security, or 
        the National Transportation Safety Board; or
            ``(E) the employee furnishes, or the person 
        perceives that the employee is or is about to furnish, 
        information to the Secretary of Transportation, the 
        Secretary of Homeland Security, the National 
        Transportation Safety Board, or any Federal, State, or 
        local regulatory or law enforcement agency as to the 
        facts relating to any accident or incident resulting in 
        injury or death to an individual or damage to property 
        occurring in connection with commercial motor vehicle 
        transportation.
    ``(2) Under paragraph (1)(B)(ii) of this subsection, an 
employee's apprehension of serious injury is reasonable only if 
a reasonable individual in the circumstances then confronting 
the employee would conclude that the hazardous safety or 
security condition establishes a real danger of accident, 
injury, or serious impairment to health. To qualify for 
protection, the employee must have sought from the employer, 
and been unable to obtain, correction of the hazardous safety 
or security condition.
    ``(b) Filing Complaints and Procedures.--(1) An employee 
alleging discharge, discipline, or discrimination in violation 
of subsection (a) of this section, or another person at the 
employee's request, may file a complaint with the Secretary of 
Labor not later than 180 days after the alleged violation 
occurred. All complaints initiated under this section shall be 
governed by the legal burdens of proof set forth in section 
42121(b). On receiving the complaint, the Secretary of Labor 
shall notify, in writing, the person alleged to have committed 
the violation of the filing of the complaint.
    ``(2)(A) Not later than 60 days after receiving a 
complaint, the Secretary of Labor shall conduct an 
investigation, decide whether it is reasonable to believe the 
complaint has merit, and notify, in writing, the complainant 
and the person alleged to have committed the violation of the 
findings. If the Secretary of Labor decides it is reasonable to 
believe a violation occurred, the Secretary of Labor shall 
include with the decision findings and a preliminary order for 
the relief provided under paragraph (3) of this subsection.
    ``(B) Not later than 30 days after the notice under 
subparagraph (A) of this paragraph, the complainant and the 
person alleged to have committed the violation may file 
objections to the findings or preliminary order, or both, and 
request a hearing on the record. The filing of objections does 
not stay a reinstatement ordered in the preliminary order. If a 
hearing is not requested within the 30 days, the preliminary 
order is final and not subject to judicial review.
    ``(C) A hearing shall be conducted expeditiously. Not later 
than 120 days after the end of the hearing, the Secretary of 
Labor shall issue a final order. Before the final order is 
issued, the proceeding may be ended by a settlement agreement 
made by the Secretary of Labor, the complainant, and the person 
alleged to have committed the violation.
    ``(3)(A) If the Secretary of Labor decides, on the basis of 
a complaint, a person violated subsection (a) of this section, 
the Secretary of Labor shall order the person to--
                    ``(i) take affirmative action to abate the 
                violation;
                    ``(ii) reinstate the complainant to the 
                former position with the same pay and terms and 
                privileges of employment; and
                    ``(iii) pay compensatory damages, including 
                backpay with interest and compensation for any 
                special damages sustained as a result of the 
                discrimination, including litigation costs, 
                expert witness fees, and reasonable attorney 
                fees.
    ``(B) If the Secretary of Labor issues an order under 
subparagraph (A) of this paragraph and the complainant 
requests, the Secretary of Labor may assess against the person 
against whom the order is issued the costs (including attorney 
fees) reasonably incurred by the complainant in bringing the 
complaint. The Secretary of Labor shall determine the costs 
that reasonably were incurred.
    ``(C) Relief in any action under subsection (b) may include 
punitive damages in an amount not to exceed $250,000.
    ``(c) De Novo Review.--With respect to a complaint under 
paragraph (1), if the Secretary of Labor has not issued a final 
decision within 210 days after the filing of the complaint and 
if the delay is not due to the bad faith of the employee, the 
employee may bring an original action at law or equity for de 
novo review in the appropriate district court of the United 
States, which shall have jurisdiction over such an action 
without regard to the amount in controversy, and which action 
shall, at the request of either party to such action, be tried 
by the court with a jury.
    ``(d) Judicial Review and Venue.--A person adversely 
affected by an order issued after a hearing under subsection 
(b) of this section may file a petition for review, not later 
than 60 days after the order is issued, in the court of appeals 
of the United States for the circuit in which the violation 
occurred or the person resided on the date of the violation. 
Review shall conform to chapter 7 of title 5. The review shall 
be heard and decided expeditiously. An order of the Secretary 
of Labor subject to review under this subsection is not subject 
to judicial review in a criminal or other civil proceeding.
    ``(e) Civil Actions To Enforce.--If a person fails to 
comply with an order issued under subsection (b) of this 
section, the Secretary of Labor shall bring a civil action to 
enforce the order in the district court of the United States 
for the judicial district in which the violation occurred.
    ``(f) No Preemption.--Nothing in this section preempts or 
diminishes any other safeguards against discrimination, 
demotion, discharge, suspension, threats, harassment, 
reprimand, retaliation, or any other manner of discrimination 
provided by Federal or State law.
    ``(g) Rights Retained by Employee.--Nothing in this section 
shall be deemed to diminish the rights, privileges, or remedies 
of any employee under any Federal or State law or under any 
collective bargaining agreement. The rights and remedies in 
this section may not be waived by any agreement, policy, form, 
or condition of employment.
    ``(h) Disclosure of Identity.--
            ``(1) Except as provided in paragraph (2) of this 
        subsection, or with the written consent of the 
        employee, the Secretary of Transportation or the 
        Secretary of Homeland Security may not disclose the 
        name of an employee who has provided information about 
        an alleged violation of this part, or a regulation 
        prescribed or order issued under any of those 
        provisions.
            ``(2) The Secretary of Transportation or the 
        Secretary of Homeland Security shall disclose to the 
        Attorney General the name of an employee described in 
        paragraph (1) of this subsection if the matter is 
        referred to the Attorney General for enforcement. The 
        Secretary making such disclosure shall provide 
        reasonable advance notice to the affected employee if 
        disclosure of that person's identity or identifying 
        information is to occur.
    ``(i) Process for Reporting Security Problems to the 
Department of Homeland Security.--
            ``(1) Establishment of process.--The Secretary of 
        Homeland Security shall establish through regulations, 
        after an opportunity for notice and comment, a process 
        by which any person may report to the Secretary of 
        Homeland Security regarding motor carrier vehicle 
        security problems, deficiencies, or vulnerabilities.
            ``(2) Acknowledgment of receipt.--If a report 
        submitted under paragraph (1) identifies the person 
        making the report, the Secretary of Homeland Security 
        shall respond promptly to such person and acknowledge 
        receipt of the report.
            ``(3) Steps to address problem.--The Secretary of 
        Homeland Security shall review and consider the 
        information provided in any report submitted under 
        paragraph (1) and shall take appropriate steps to 
        address any problems or deficiencies identified.
    ``(j) Definition.--In this section, `employee' means a 
driver of a commercial motor vehicle (including an independent 
contractor when personally operating a commercial motor 
vehicle), a mechanic, a freight handler, or an individual not 
an employer, who--
            ``(1) directly affects commercial motor vehicle 
        safety or security in the course of employment by a 
        commercial motor carrier; and
            ``(2) is not an employee of the United States 
        Government, a State, or a political subdivision of a 
        State acting in the course of employment.''.

SEC. 1537. UNIFIED CARRIER REGISTRATION SYSTEM AGREEMENT.

    (a) Reenactment of SSRS.--Section 14504 of title 49, United 
States Code, as that section was in effect on December 31, 
2006, shall be in effect as a law of the United States for the 
period beginning on January 1, 2007, ending on the earlier of 
January 1, 2008, or the effective date of the final regulations 
issued pursuant to subsection (b).
    (b) Deadline for Final Regulations.--Not later than October 
1, 2007, the Federal Motor Carrier Safety Administration shall 
issue final regulations to establish the Unified Carrier 
Registration System, as required by section 13908 of title 49, 
United States Code, and set fees for the unified carrier 
registration agreement for calendar year 2007 or subsequent 
calendar years to be charged to motor carriers, motor private 
carriers, and freight forwarders under such agreement, as 
required by 14504a of title 49, United States Code.
    (c) Repeal of SSRS.--Section 4305(a) of the Safe, 
Accountable, Flexible Efficient Transportation Equity Act: A 
Legacy for Users (119 Stat. 1764) is amended by striking ``the 
first January'' and all that follows through ``this Act'' and 
inserting ``January 1, 2008''.

SEC. 1538. SCHOOL BUS TRANSPORTATION SECURITY.

    (a) School Bus Security Risk Assessment.--Not later than 1 
year after the date of enactment of this Act, the Secretary 
shall transmit to the appropriate congressional committees a 
report, including a classified report, as appropriate, 
containing a comprehensive assessment of the risk of a 
terrorist attack on the Nation's school bus transportation 
system in accordance with the requirements of this section.
    (b) Contents of Risk Assessment.--The assessment shall 
include--
            (1) an assessment of security risks to the Nation's 
        school bus transportation system, including publicly 
        and privately operated systems;
            (2) an assessment of actions already taken by 
        operators or others to address identified security 
        risks; and
            (3) an assessment of whether additional actions and 
        investments are necessary to improve the security of 
        passengers traveling on school buses and a list of such 
        actions or investments, if appropriate.
    (c) Consultation.--In conducting the risk assessment, the 
Secretary shall consult with administrators and officials of 
school systems, representatives of the school bus industry, 
including both publicly and privately operated systems, public 
safety and law enforcement officials, and nonprofit employee 
labor organizations representing school bus drivers.

SEC. 1539. TECHNICAL AMENDMENT.

    Section 1992(d)(7) of title 18, United States Code, is 
amended by inserting ``intercity bus transportation'' after 
``includes''.

SEC. 1540. TRUCK SECURITY ASSESSMENT.

    (a) Definition.--For the purposes of this section, the term 
``truck'' means any self-propelled or towed motor vehicle used 
on a highway in interstate commerce to transport property when 
the vehicle--
            (1) has a gross vehicle weight rating or gross 
        combination weight rating, or gross vehicle weight or 
        gross combination weight, of 4,536 kg (10,001 pounds) 
        or more, whichever is greater; or
            (2) is used in transporting material found by the 
        Secretary of Transportation to be hazardous under 
        section 5103 of title 49, United States Code, and 
        transported in a quantity requiring placarding under 
        regulations prescribed by the Secretary under subtitle 
        B, chapter I, subchapter C of title 49, Code of Federal 
        Regulations.
    (b) In General.--Not later than 1 year after the date of 
enactment of this Act, the Secretary, in coordination with the 
Secretary of Transportation, shall transmit a report to the 
appropriate congressional committees on truck security issues 
that includes--
            (1) a security risk assessment of the trucking 
        industry;
            (2) an assessment of actions already taken by both 
        public and private entities to address identified 
        security risks;
            (3) an assessment of the economic impact that 
        security upgrades of trucks, truck equipment, or truck 
        facilities may have on the trucking industry and its 
        employees, including independent owner-operators;
            (4) an assessment of ongoing research by public and 
        private entities and the need for additional research 
        on truck security;
            (5) an assessment of industry best practices to 
        enhance security; and
            (6) an assessment of the current status of secure 
        truck parking.
    (c) Format.--The Secretary may submit the report in both 
classified and redacted formats if the Secretary determines 
that such action is appropriate or necessary.

SEC. 1541. MEMORANDUM OF UNDERSTANDING ANNEX.

    Not later than 1 year after the date of enactment of this 
Act, the Secretary of Transportation and the Secretary shall 
execute and develop an annex to the Memorandum of Understanding 
between the two departments signed on September 28, 2004, 
governing the specific roles, delineations of responsibilities, 
resources, and commitments of the Department of Transportation 
and the Department of Homeland Security, respectively, in 
addressing motor carrier transportation security matters, 
including over-the-road bus security matters, and shall cover 
the processes the Departments will follow to promote 
communications, efficiency, and nonduplication of effort.

SEC. 1542. DHS INSPECTOR GENERAL REPORT ON TRUCKING SECURITY GRANT 
                    PROGRAM.

    (a) Initial Report.--Not later than 90 days after the date 
of enactment of this Act, the Inspector General of the 
Department of Homeland Security shall submit a report to the 
appropriate congressional committees on the Federal trucking 
industry security grant program, for fiscal years 2004 and 2005 
that--
            (1) addresses the grant announcement, application, 
        receipt, review, award, monitoring, and closeout 
        processes; and
            (2) states the amount obligated or expended under 
        the program for fiscal years 2004 and 2005 for--
                    (A) infrastructure protection;
                    (B) training;
                    (C) equipment;
                    (D) educational materials;
                    (E) program administration;
                    (F) marketing; and
                    (G) other functions.
    (b) Subsequent Report.--Not later than 1 year after the 
date of enactment of this Act, the Inspector General of the 
Department of Homeland Security shall submit a report to the 
appropriate congressional committees that--
            (1) analyzes the performance, efficiency, and 
        effectiveness of the Federal trucking industry security 
        grant program, and the need for the program using all 
        years of available data; and
            (2) makes recommendations regarding the future of 
        the program, including options to improve the 
        effectiveness and utility of the program and motor 
        carrier security.

          Subtitle D--Hazardous Material and Pipeline Security

SEC. 1551. RAILROAD ROUTING OF SECURITY-SENSITIVE MATERIALS.

    (a) In General.--Not later than 9 months after the date of 
enactment of this Act, the Secretary of Transportation, in 
consultation with the Secretary, shall publish a final rule 
based on the Pipeline and Hazardous Materials Safety 
Administration's Notice of Proposed Rulemaking published on 
December 21, 2006, entitled ``Hazardous Materials: Enhancing 
Railroad Transportation Safety and Security for Hazardous 
Materials Shipments''. The final rule shall incorporate the 
requirements of this section and, as appropriate, public 
comments received during the comment period of the rulemaking.
    (b) Security-Sensitive Materials Commodity Data.--The 
Secretary of Transportation shall ensure that the final rule 
requires each railroad carrier transporting security-sensitive 
materials in commerce to, no later than 90 days after the end 
of each calendar year, compile security-sensitive materials 
commodity data. Such data must be collected by route, line 
segment, or series of line segments, as aggregated by the 
railroad carrier. Within the railroad carrier selected route, 
the commodity data must identify the geographic location of the 
route and the total number of shipments by the United Nations 
identification number for the security-sensitive materials.
    (c) Railroad Transportation Route Analysis for Security-
Sensitive Materials.--The Secretary of Transportation shall 
ensure that the final rule requires each railroad carrier 
transporting security-sensitive materials in commerce to, for 
each calendar year, provide a written analysis of the safety 
and security risks for the transportation routes identified in 
the security-sensitive materials commodity data collected as 
required by subsection (b). The safety and security risks 
present shall be analyzed for the route, railroad facilities, 
railroad storage facilities, and high-consequence targets along 
or in proximity to the route.
    (d) Alternative Route Analysis for Security-Sensitive 
Materials.--The Secretary of Transportation shall ensure that 
the final rule requires each railroad carrier transporting 
security-sensitive materials in commerce to--
            (1) for each calendar year--
                    (A) identify practicable alternative routes 
                over which the railroad carrier has authority 
                to operate as compared to the current route for 
                such a shipment analyzed under subsection (c); 
                and
                    (B) perform a safety and security risk 
                assessment of the alternative route for 
                comparison to the route analysis specified in 
                subsection (c);
            (2) ensure that the analysis under paragraph (1) 
        includes--
                    (A) identification of safety and security 
                risks for an alternative route;
                    (B) comparison of those risks identified 
                under subparagraph (A) to the primary railroad 
                transportation route, including the risk of a 
                catastrophic release from a shipment traveling 
                along the alternate route compared to the 
                primary route;
                    (C) any remediation or mitigation measures 
                implemented on the primary or alternative 
                route; and
                    (D) potential economic effects of using an 
                alternative route; and
            (3) consider when determining the practicable 
        alternative routes under paragraph (1)(A) the use of 
        interchange agreements with other railroad carriers.
    (e) Alternative Route Selection for Security-Sensitive 
Materials.--The Secretary of Transportation shall ensure that 
the final rule requires each railroad carrier transporting 
security-sensitive materials in commerce to use the analysis 
required by subsections (c) and (d) to select the safest and 
most secure route to be used in transporting security-sensitive 
materials.
    (f) Review.--The Secretary of Transportation shall ensure 
that the final rule requires each railroad carrier transporting 
security-sensitive materials in commerce to annually review and 
select the practicable route posing the least overall safety 
and security risk in accordance with this section. The railroad 
carrier must retain in writing all route review and selection 
decision documentation and restrict the distribution, 
disclosure, and availability of information contained in the 
route analysis to appropriate persons. This documentation 
should include, but is not limited to, comparative analyses, 
charts, graphics, or railroad system maps.
    (g) Retrospective Analysis.--The Secretary of 
Transportation shall ensure that the final rule requires each 
railroad carrier transporting security-sensitive materials in 
commerce to, not less than once every 3 years, analyze the 
route selection determinations required under this section. 
Such an analysis shall include a comprehensive, systemwide 
review of all operational changes, infrastructure 
modifications, traffic adjustments, changes in the nature of 
high-consequence targets located along or in proximity to the 
route, or other changes affecting the safety and security of 
the movements of security-sensitive materials that were 
implemented since the previous analysis was completed.
    (h) Consultation.--In carrying out subsection (c), railroad 
carriers transporting security-sensitive materials in commerce 
shall seek relevant information from State, local, and tribal 
officials, as appropriate, regarding security risks to high-
consequence targets along or in proximity to a route used by a 
railroad carrier to transport security-sensitive materials.
    (i) Definitions.--In this section:
            (1) The term ``route'' includes storage facilities 
        and trackage used by railroad cars in transportation in 
        commerce.
            (2) The term ``high-consequence target'' means a 
        property, natural resource, location, area, or other 
        target designated by the Secretary that is a viable 
        terrorist target of national significance, which may 
        include a facility or specific critical infrastructure, 
        the attack of which by railroad could result in--
                    (A) catastrophic loss of life;
                    (B) significant damage to national security 
                or defense capabilities; or
                    (C) national economic harm.

SEC. 1552. RAILROAD SECURITY-SENSITIVE MATERIAL TRACKING.

    (a) Communications.--
            (1) In general.--In conjunction with the research 
        and development program established under section 1518 
        and consistent with the results of research relating to 
        wireless and other tracking technologies, the 
        Secretary, in consultation with the Administrator of 
        the Transportation Security Administration, shall 
        develop a program that will encourage the equipping of 
        railroad cars transporting security-sensitive 
        materials, as defined in section 1501, with technology 
        that provides--
                    (A) car position location and tracking 
                capabilities; and
                    (B) notification of railroad car 
                depressurization, breach, unsafe temperature, 
                or release of hazardous materials, as 
                appropriate.
            (2) Coordination.--In developing the program 
        required by paragraph (1), the Secretary shall--
                    (A) consult with the Secretary of 
                Transportation to coordinate the program with 
                any ongoing or planned efforts for railroad car 
                tracking at the Department of Transportation; 
                and
                    (B) ensure that the program is consistent 
                with recommendations and findings of the 
                Department of Homeland Security's hazardous 
                material railroad tank car tracking pilot 
                programs.
    (b) Funding.--From the amounts appropriated pursuant to 
114(w) of title 49, United States Code, as amended by section 
1503 of this title, there shall be made available to the 
Secretary to carry out this section--
            (1) $3,000,000 for fiscal year 2008;
            (2) $3,000,000 for fiscal year 2009; and
            (3) $3,000,000 for fiscal year 2010.

SEC. 1553. HAZARDOUS MATERIALS HIGHWAY ROUTING.

    (a) Route Plan Guidance.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transportation, 
in consultation with the Secretary, shall--
            (1) document existing and proposed routes for the 
        transportation of radioactive and nonradioactive 
        hazardous materials by motor carrier, and develop a 
        framework for using a geographic information system-
        based approach to characterize routes in the national 
        hazardous materials route registry;
            (2) assess and characterize existing and proposed 
        routes for the transportation of radioactive and 
        nonradioactive hazardous materials by motor carrier for 
        the purpose of identifying measurable criteria for 
        selecting routes based on safety and security concerns;
            (3) analyze current route-related hazardous 
        materials regulations in the United States, Canada, and 
        Mexico to identify cross-border differences and 
        conflicting regulations;
            (4) document the safety and security concerns of 
        the public, motor carriers, and State, local, 
        territorial, and tribal governments about the highway 
        routing of hazardous materials;
            (5) prepare guidance materials for State officials 
        to assist them in identifying and reducing both safety 
        concerns and security risks when designating highway 
        routes for hazardous materials consistent with the 13 
        safety-based nonradioactive materials routing criteria 
        and radioactive materials routing criteria in subpart C 
        part 397 of title 49, Code of Federal Regulations;
            (6) develop a tool that will enable State officials 
        to examine potential routes for the highway 
        transportation of hazardous materials, assess specific 
        security risks associated with each route, and explore 
        alternative mitigation measures; and
            (7) transmit to the appropriate congressional 
        committees a report on the actions taken to fulfill 
        paragraphs (1) through (6) and any recommended changes 
        to the routing requirements for the highway 
        transportation of hazardous materials in part 397 of 
        title 49, Code of Federal Regulations.
    (b) Route Plans.--
            (1) Assessment.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary of 
        Transportation shall complete an assessment of the 
        safety and national security benefits achieved under 
        existing requirements for route plans, in written or 
        electronic format, for explosives and radioactive 
        materials. The assessment shall, at a minimum--
                    (A) compare the percentage of Department of 
                Transportation recordable incidents and the 
                severity of such incidents for shipments of 
                explosives and radioactive materials for which 
                such route plans are required with the 
                percentage of recordable incidents and the 
                severity of such incidents for shipments of 
                explosives and radioactive materials not 
                subject to such route plans; and
                    (B) quantify the security and safety 
                benefits, feasibility, and costs of requiring 
                each motor carrier that is required to have a 
                hazardous material safety permit under part 385 
                of title 49, Code of Federal Regulations, to 
                maintain, follow, and carry such a route plan 
                that meets the requirements of section 397.101 
                of that title when transporting the type and 
                quantity of hazardous materials described in 
                section 385.403, taking into account the 
                various segments of the motor carrier industry, 
                including tank truck, truckload and less than 
                truckload carriers.
            (2) Report.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary of 
        Transportation shall submit a report to the appropriate 
        congressional committees containing the findings and 
        conclusions of the assessment.
    (c) Requirement.--The Secretary shall require motor 
carriers that have a hazardous material safety permit under 
part 385 of title 49, Code of Federal Regulations, to maintain, 
follow, and carry a route plan, in written or electronic 
format, that meets the requirements of section 397.101 of that 
title when transporting the type and quantity of hazardous 
materials described in section 385.403 if the Secretary 
determines, under the assessment required in subsection (b), 
that such a requirement would enhance security and safety 
without imposing unreasonable costs or burdens upon motor 
carriers.

SEC. 1554. MOTOR CARRIER SECURITY-SENSITIVE MATERIAL TRACKING.

    (a) Communications.--
            (1) In general.--Not later than 6 months after the 
        date of enactment of this Act, consistent with the 
        findings of the Transportation Security 
        Administration's hazardous materials truck security 
        pilot program, the Secretary, through the Administrator 
        of the Transportation Security Administration and in 
        consultation with the Secretary of Transportation, 
        shall develop a program to facilitate the tracking of 
        motor carrier shipments of security-sensitive materials 
        and to equip vehicles used in such shipments with 
        technology that provides--
                    (A) frequent or continuous communications;
                    (B) vehicle position location and tracking 
                capabilities; and
                    (C) a feature that allows a driver of such 
                vehicles to broadcast an emergency distress 
                signal.
            (2) Considerations.--In developing the program 
        required by paragraph (1), the Secretary shall--
                    (A) consult with the Secretary of 
                Transportation to coordinate the program with 
                any ongoing or planned efforts for motor 
                carrier or security-sensitive materials 
                tracking at the Department of Transportation;
                    (B) take into consideration the 
                recommendations and findings of the report on 
                the hazardous material safety and security 
                operational field test released by the Federal 
                Motor Carrier Safety Administration on November 
                11, 2004; and
                    (C) evaluate--
                            (i) any new information related to 
                        the costs and benefits of deploying, 
                        equipping, and utilizing tracking 
                        technology, including portable tracking 
                        technology, for motor carriers 
                        transporting security-sensitive 
                        materials not included in the hazardous 
                        material safety and security 
                        operational field test report released 
                        by the Federal Motor Carrier Safety 
                        Administration on November 11, 2004;
                            (ii) the ability of tracking 
                        technology to resist tampering and 
                        disabling;
                            (iii) the capability of tracking 
                        technology to collect, display, and 
                        store information regarding the 
                        movement of shipments of security-
                        sensitive materials by commercial motor 
                        vehicles;
                            (iv) the appropriate range of 
                        contact intervals between the tracking 
                        technology and a commercial motor 
                        vehicle transporting security-sensitive 
                        materials;
                            (v) technology that allows the 
                        installation by a motor carrier of 
                        concealed electronic devices on 
                        commercial motor vehicles that can be 
                        activated by law enforcement 
                        authorities to disable the vehicle or 
                        alert emergency response resources to 
                        locate and recover security-sensitive 
                        materials in the event of loss or theft 
                        of such materials;
                            (vi) whether installation of the 
                        technology described in clause (v) 
                        should be incorporated into the program 
                        under paragraph (1);
                            (vii) the costs, benefits, and 
                        practicality of such technology 
                        described in clause (v) in the context 
                        of the overall benefit to national 
                        security, including commerce in 
                        transportation; and
                            (viii) other systems and 
                        information the Secretary determines 
                        appropriate.
    (b) Funding.--From the amounts appropriated pursuant to 
section 114(w) of title 49, United States Code, as amended by 
section 1503 of this Act, there shall be made available to the 
Secretary to carry out this section--
            (1) $7,000,000 for fiscal year 2008 of which 
        $3,000,000 may be used for equipment;
            (2) $7,000,000 for fiscal year 2009 of which 
        $3,000,000 may be used for equipment; and
            (3) $7,000,000 for fiscal year 2010 of which 
        $3,000,000 may be used for equipment.
    (c) Report.--Not later than 1 year after the issuance of 
regulations under subsection (a), the Secretary shall issue a 
report to the appropriate congressional committees on the 
program developed and evaluation carried out under this 
section.
    (d) Limitation.--The Secretary may not mandate the 
installation or utilization of a technology described under 
this section without additional congressional authority 
provided after the date of enactment of this Act.

SEC. 1555. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND STUDY.

    (a) In General.--The Secretary of Transportation shall 
consult with the Secretary to limit, to the extent practicable, 
duplicative reviews of the hazardous materials security plans 
required under part 172, title 49, Code of Federal Regulations.
    (b) Transportation Costs Study.--Within 1 year after the 
date of enactment of this Act, the Secretary of Transportation, 
in conjunction with the Secretary, shall study to what extent 
the insurance, security, and safety costs borne by railroad 
carriers, motor carriers, pipeline carriers, air carriers, and 
maritime carriers associated with the transportation of 
hazardous materials are reflected in the rates paid by offerors 
of such commodities as compared to the costs and rates, 
respectively, for the transportation of nonhazardous materials.

SEC. 1556. TECHNICAL CORRECTIONS.

    (a) Correction.--Section 5103a of title 49, United States 
Code, is amended--
            (1) in subsection (a)(1) by striking ``Secretary'' 
        and inserting ``Secretary of Homeland Security'';
            (2) in subsection (b) by striking ``Secretary'' 
        each place it appears and inserting ``Secretary of 
        Transportation'';
            (3) in subsection (d)(1)(B) by striking 
        ``Secretary'' and inserting ``Secretary of Homeland 
        Security''; and
            (4) in subsection (e) by striking ``Secretary'' and 
        inserting ``Secretary of Homeland Security'' each place 
        it appears.
    (b) Relationship to Transportation Security Cards.--
            (1) Background check.--An individual who has a 
        valid transportation employee identification card 
        issued by the Secretary under section 70105 of title 
        46, United States Code, shall be deemed to have met the 
        background records check required under section 5103a 
        of title 49, United States Code.
            (2) State review.--Nothing in this subsection 
        prevents or preempts a State from conducting a criminal 
        records check of an individual that has applied for a 
        license to operate a motor vehicle transporting in 
        commerce a hazardous material.

SEC. 1557. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

    (a) In General.--Not later than 9 months after the date of 
enactment of this Act, consistent with the Annex to the 
Memorandum of Understanding executed on August 9, 2006, between 
the Department of Transportation and the Department, the 
Secretary, in consultation with the Secretary of 
Transportation, shall establish a program for reviewing 
pipeline operator adoption of recommendations of the September 
5, 2002, Department of Transportation Research and Special 
Programs Administration's Pipeline Security Information 
Circular, including the review of pipeline security plans and 
critical facility inspections.
    (b) Review and Inspection.--Not later than 12 months after 
the date of enactment of this Act, the Secretary and the 
Secretary of Transportation shall develop and implement a plan 
for reviewing the pipeline security plans and an inspection of 
the critical facilities of the 100 most critical pipeline 
operators covered by the September 5, 2002, circular, where 
such facilities have not been inspected for security purposes 
since September 5, 2002, by either the Department or the 
Department of Transportation.
    (c) Compliance Review Methodology.--In reviewing pipeline 
operator compliance under subsections (a) and (b), risk 
assessment methodologies shall be used to prioritize risks and 
to target inspection and enforcement actions to the highest 
risk pipeline assets.
    (d) Regulations.--Not later than 18 months after the date 
of enactment of this Act, the Secretary and the Secretary of 
Transportation shall develop and transmit to pipeline operators 
security recommendations for natural gas and hazardous liquid 
pipelines and pipeline facilities. If the Secretary determines 
that regulations are appropriate, the Secretary shall consult 
with the Secretary of Transportation on the extent of risk and 
appropriate mitigation measures, and the Secretary or the 
Secretary of Transportation, consistent with the Annex to the 
Memorandum of Understanding executed on August 9, 2006, shall 
promulgate such regulations and carry out necessary inspection 
and enforcement actions. Any regulations shall incorporate the 
guidance provided to pipeline operators by the September 5, 
2002, Department of Transportation Research and Special 
Programs Administration's Pipeline Security Information 
Circular and contain additional requirements as necessary based 
upon the results of the inspections performed under subsection 
(b). The regulations shall include the imposition of civil 
penalties for noncompliance.
    (e) Funding.--From the amounts appropriated pursuant to 
section 114(w) of title 49, United States Code, as amended by 
section 1503 of this Act, there shall be made available to the 
Secretary to carry out this section--
            (1) $2,000,000 for fiscal year 2008;
            (2) $2,000,000 for fiscal year 2009; and
            (3) $2,000,000 for fiscal year 2010.

SEC. 1558. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

    (a) In General.--The Secretary, in consultation with the 
Secretary of Transportation and the Administrator of the 
Pipeline and Hazardous Materials Safety Administration, and in 
accordance with the Annex to the Memorandum of Understanding 
executed on August 9, 2006, the National Strategy for 
Transportation Security, and Homeland Security Presidential 
Directive 7, shall develop a pipeline security and incident 
recovery protocols plan. The plan shall include--
            (1) for the Government to provide increased 
        security support to the most critical interstate and 
        intrastate natural gas and hazardous liquid 
        transmission pipeline infrastructure and operations as 
        determined under section 1557 when--
                    (A) under severe security threat levels of 
                alert; or
                    (B) under specific security threat 
                information relating to such pipeline 
                infrastructure or operations exists; and
            (2) an incident recovery protocol plan, developed 
        in conjunction with interstate and intrastate 
        transmission and distribution pipeline operators and 
        terminals and facilities operators connected to 
        pipelines, to develop protocols to ensure the continued 
        transportation of natural gas and hazardous liquids to 
        essential markets and for essential public health or 
        national defense uses in the event of an incident 
        affecting the interstate and intrastate natural gas and 
        hazardous liquid transmission and distribution pipeline 
        system, which shall include protocols for restoring 
        essential services supporting pipelines and granting 
        access to pipeline operators for pipeline 
        infrastructure repair, replacement, or bypass following 
        an incident.
    (b) Existing Private and Public Sector Efforts.--The plan 
shall take into account actions taken or planned by both 
private and public entities to address identified pipeline 
security issues and assess the effective integration of such 
actions.
    (c) Consultation.--In developing the plan under subsection 
(a), the Secretary shall consult with the Secretary of 
Transportation, interstate and intrastate transmission and 
distribution pipeline operators, nonprofit employee 
organizations representing pipeline employees, emergency 
responders, offerors, State pipeline safety agencies, public 
safety officials, and other relevant parties.
    (d) Report.--
            (1) Contents.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary shall 
        transmit to the appropriate congressional committees a 
        report containing the plan required by subsection (a), 
        including an estimate of the private and public sector 
        costs to implement any recommendations.
            (2) Format.--The Secretary may submit the report in 
        both classified and redacted formats if the Secretary 
        determines that such action is appropriate or 
        necessary.

                          TITLE XVI--AVIATION

SEC. 1601. AIRPORT CHECKPOINT SCREENING FUND.

    Section 44940 of title 49, United States Code, is amended--
            (1) in subsection (d)(4) by inserting ``, other 
        than subsection (i),'' before ``except to''; and
            (2) by adding at the end the following:
    ``(i) Checkpoint Screening Security Fund.--
            ``(1) Establishment.--There is established in the 
        Department of Homeland Security a fund to be known as 
        the `Checkpoint Screening Security Fund'.
            ``(2) Deposits.--In fiscal year 2008, after amounts 
        are made available under section 44923(h), the next 
        $250,000,000 derived from fees received under 
        subsection (a)(1) shall be available to be deposited in 
        the Fund.
            ``(3) Fees.--The Secretary of Homeland Security 
        shall impose the fee authorized by subsection (a)(1) so 
        as to collect at least $250,000,000 in fiscal year 2008 
        for deposit into the Fund.
            ``(4) Availability of amounts.--Amounts in the Fund 
        shall be available until expended by the Administrator 
        of the Transportation Security Administration for the 
        purchase, deployment, installation, research, and 
        development of equipment to improve the ability of 
        security screening personnel at screening checkpoints 
        to detect explosives.''.

SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    (a) In General.--Section 44901 of title 49, United States 
Code, is amended--
            (1) by redesignating subsections (g) and (h) as 
        subsections (h) and (i), respectively; and
            (2) by inserting after subsection (f) the 
        following:
    ``(g) Air Cargo on Passenger Aircraft.--
            ``(1) In general.--Not later than 3 years after the 
        date of enactment of the Implementing Recommendations 
        of the 9/11 Commission Act of 2007, the Secretary of 
        Homeland Security shall establish a system to screen 
        100 percent of cargo transported on passenger aircraft 
        operated by an air carrier or foreign air carrier in 
        air transportation or intrastate air transportation to 
        ensure the security of all such passenger aircraft 
        carrying cargo.
            ``(2) Minimum standards.--The system referred to in 
        paragraph (1) shall require, at a minimum, that 
        equipment, technology, procedures, personnel, or other 
        methods approved by the Administrator of the 
        Transportation Security Administration, are used to 
        screen cargo carried on passenger aircraft described in 
        paragraph (1) to provide a level of security 
        commensurate with the level of security for the 
        screening of passenger checked baggage as follows:
                    ``(A) 50 percent of such cargo is so 
                screened not later than 18 months after the 
                date of enactment of the Implementing 
                Recommendations of the 9/11 Commission Act of 
                2007.
                    ``(B) 100 percent of such cargo is so 
                screened not later than 3 years after such date 
                of enactment.
            ``(3) Regulations.--
                    ``(A) Interim final rule.--The Secretary of 
                Homeland Security may issue an interim final 
                rule as a temporary regulation to implement 
                this subsection without regard to the 
                provisions of chapter 5 of title 5.
                    ``(B) Final rule.--
                            ``(i) In general.--If the Secretary 
                        issues an interim final rule under 
                        subparagraph (A), the Secretary shall 
                        issue, not later than one year after 
                        the effective date of the interim final 
                        rule, a final rule as a permanent 
                        regulation to implement this subsection 
                        in accordance with the provisions of 
                        chapter 5 of title 5.
                            ``(ii) Failure to act.--If the 
                        Secretary does not issue a final rule 
                        in accordance with clause (i) on or 
                        before the last day of the one-year 
                        period referred to in clause (i), the 
                        Secretary shall submit to the Committee 
                        on Homeland Security of the House of 
                        Representatives, Committee on Commerce, 
                        Science, and Transportation of the 
                        Senate, and the Committee on Homeland 
                        Security and Governmental Affairs of 
                        the Senate a report explaining why the 
                        final rule was not timely issued and 
                        providing an estimate of the earliest 
                        date on which the final rule will be 
                        issued. The Secretary shall submit the 
                        first such report within 10 days after 
                        such last day and submit a report to 
                        the Committees containing updated 
                        information every 30 days thereafter 
                        until the final rule is issued.
                            ``(iii) Superceding of interim 
                        final rule.--The final rule issued in 
                        accordance with this subparagraph shall 
                        supersede the interim final rule issued 
                        under subparagraph (A).
            ``(4) Report.--Not later than 1 year after the date 
        of establishment of the system under paragraph (1), the 
        Secretary shall submit to the Committees referred to in 
        paragraph (3)(B)(ii) a report that describes the 
        system.
            ``(5) Screening defined.--In this subsection the 
        term `screening' means a physical examination or non-
        intrusive methods of assessing whether cargo poses a 
        threat to transportation security. Methods of screening 
        include x-ray systems, explosives detection systems, 
        explosives trace detection, explosives detection canine 
        teams certified by the Transportation Security 
        Administration, or a physical search together with 
        manifest verification. The Administrator may approve 
        additional methods to ensure that the cargo does not 
        pose a threat to transportation security and to assist 
        in meeting the requirements of this subsection. Such 
        additional cargo screening methods shall not include 
        solely performing a review of information about the 
        contents of cargo or verifying the identity of a 
        shipper of the cargo that is not performed in 
        conjunction with other security methods authorized 
        under this subsection, including whether a known 
        shipper is registered in the known shipper database. 
        Such additional cargo screening methods may include a 
        program to certify the security methods used by 
        shippers pursuant to paragraphs (1) and (2) and 
        alternative screening methods pursuant to exemptions 
        referred to in subsection (b) of section 1602 of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007.''.
    (b) Assessment of Exemptions.--
            (1) TSA assessment.--
                    (A) In general.--Not later than 120 days 
                after the date of enactment of this Act, the 
                Secretary of Homeland Security shall submit to 
                the appropriate committees of Congress and to 
                the Comptroller General a report containing an 
                assessment of each exemption granted under 
                section 44901(i)(1) of title 49, United States 
                Code, for the screening required by such 
                section for cargo transported on passenger 
                aircraft and an analysis to assess the risk of 
                maintaining such exemption.
                    (B) Contents.--The report under 
                subparagraph (A) shall include--
                            (i) the rationale for each 
                        exemption;
                            (ii) what percentage of cargo is 
                        not screened in accordance with section 
                        44901(g) of title 49, United States 
                        Code;
                            (iii) the impact of each exemption 
                        on aviation security;
                            (iv) the projected impact on the 
                        flow of commerce of eliminating each 
                        exemption, respectively, should the 
                        Secretary choose to take such action; 
                        and
                            (v) plans and rationale for 
                        maintaining, changing, or eliminating 
                        each exemption.
                    (C) Format.--The Secretary may submit the 
                report under subparagraph (A) in both 
                classified and redacted formats if the 
                Secretary determines that such action is 
                appropriate or necessary.
            (2) GAO assessment.--Not later than 120 days after 
        the date on which the report under paragraph (1) is 
        submitted, the Comptroller General shall review the 
        report and submit to the Committee on Homeland Security 
        of the House of Representatives, the Committee on 
        Commerce, Science, and Transportation of the Senate, 
        and the Committee on Homeland Security and Governmental 
        Affairs of the Senate an assessment of the methodology 
        of determinations made by the Secretary for 
        maintaining, changing, or eliminating an exemption 
        under section 44901(i)(1) of title 49, United States 
        Code.

SEC. 1603. IN-LINE BAGGAGE SCREENING.

    (a) Extension of Authorization.--Section 44923(i)(1) of 
title 49, United States Code, is amended by striking ``2007.'' 
and inserting ``2007, and $450,000,000 for each of fiscal years 
2008 through 2011''.
    (b) Submission of Cost-Sharing Study and Plan.--Not later 
than 60 days after the date of enactment of this Act, the 
Secretary for Homeland Security shall submit to the appropriate 
congressional committees the cost sharing study described in 
section 4019(d) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (118 Stat. 3722), together with the 
Secretary's analysis of the study, a list of provisions of the 
study the Secretary intends to implement, and a plan and 
schedule for implementation of such listed provisions.

SEC. 1604. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

    (a) In General.--Section 44923 of title 49, United States 
Code, is amended--
            (1) in subsection (a) by striking ``may make'' and 
        inserting ``shall make'';
            (2) in subsection (d)(1) by striking ``may'' and 
        inserting ``shall'';
            (3) in subsection (h)(1) by striking ``2007'' and 
        inserting ``2028'';
            (4) in subsection (h) by striking paragraphs (2) 
        and (3) and inserting the following:
            ``(2) Allocation.--Of the amount made available 
        under paragraph (1) for a fiscal year, not less than 
        $200,000,000 shall be allocated to fulfill letters of 
        intent issued under subsection (d).
            ``(3) Discretionary grants.--Of the amount made 
        available under paragraph (1) for a fiscal year, up to 
        $50,000,000 shall be used to make discretionary grants, 
        including other transaction agreements for airport 
        security improvement projects, with priority given to 
        small hub airports and nonhub airports.'';
            (5) by redesignating subsection (i) as subsection 
        (j); and
            (6) by inserting after subsection (h) the 
        following:
    ``(i) Leveraged Funding.--For purposes of this section, a 
grant under subsection (a) to an airport sponsor to service an 
obligation issued by or on behalf of that sponsor to fund a 
project described in subsection (a) shall be considered to be a 
grant for that project.''.
    (b) Prioritization of Projects.--
            (1) In general.--The Administrator of the 
        Transportation Security Administration shall establish 
        a prioritization schedule for airport security 
        improvement projects described in section 44923 of 
        title 49, United States Code, based on risk and other 
        relevant factors, to be funded under that section. The 
        schedule shall include both hub airports referred to in 
        paragraphs (29), (31), and (42) of section 40102 of 
        such title and nonhub airports (as defined in section 
        47102(13) of such title).
            (2) Airports that have incurred eligible costs.--
        The schedule shall include airports that have incurred 
        eligible costs associated with development of partial 
        or completed in-line baggage systems before the date of 
        enactment of this Act in reasonable anticipation of 
        receiving a grant under section 44923 of title 49, 
        United States Code, in reimbursement of those costs but 
        that have not received such a grant.
            (3) Report.--Not later than 180 days after the date 
        of enactment of this Act, the Administrator shall 
        provide a copy of the prioritization schedule, a 
        corresponding timeline, and a description of the 
        funding allocation under section 44923 of title 49, 
        United States Code, to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Homeland Security of the House of 
        Representatives.

SEC. 1605. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED PASSENGER 
                    PRESCREENING SYSTEM.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Administrator of the Transportation 
Security Administration, shall submit to the Committee on 
Homeland Security of the House of Representatives, the 
Committee on Commerce, Science, and Transportation of the 
Senate, and the Committee on Homeland Security and Governmental 
Affairs of the Senate a plan that--
            (1) describes the system to be utilized by the 
        Department of Homeland Security to assume the 
        performance of comparing passenger information, as 
        defined by the Administrator, to the automatic selectee 
        and no-fly lists, utilizing appropriate records in the 
        consolidated and integrated terrorist watchlist 
        maintained by the Federal Government;
            (2) provides a projected timeline for each phase of 
        testing and implementation of the system;
            (3) explains how the system will be integrated with 
        the prescreening system for passengers on international 
        flights; and
            (4) describes how the system complies with section 
        552a of title 5, United States Code.
    (b) GAO Assessment.--Not later than 180 days after the date 
of enactment of this Act, the Comptroller General shall submit 
a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Homeland 
Security of the House of Representatives that--
            (1) describes the progress made by the 
        Transportation Security Administration in implementing 
        the secure flight passenger pre-screening program;
            (2) describes the effectiveness of the current 
        appeals process for passengers wrongly assigned to the 
        no-fly and terrorist watch lists;
            (3) describes the Transportation Security 
        Administration's plan to protect private passenger 
        information and progress made in integrating the system 
        with the pre-screening program for international 
        flights operated by United States Customs and Border 
        Protection;
            (4) provides a realistic determination of when the 
        system will be completed; and
            (5) includes any other relevant observations or 
        recommendations the Comptroller General deems 
        appropriate.

SEC. 1606. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR 
                    PROHIBITED FROM BOARDING A FLIGHT.

    (a) In General.--Subchapter I of chapter 449 of title 49, 
United States Code is amended by adding at the end the 
following:

``Sec. 44926. Appeal and redress process for passengers wrongly delayed 
                    or prohibited from boarding a flight

    ``(a) In General.--The Secretary of Homeland Security shall 
establish a timely and fair process for individuals who believe 
they have been delayed or prohibited from boarding a commercial 
aircraft because they were wrongly identified as a threat under 
the regimes utilized by the Transportation Security 
Administration, United States Customs and Border Protection, or 
any other office or component of the Department of Homeland 
Security.
    ``(b) Office of Appeals and Redress.--
            ``(1) Establishment.--The Secretary shall establish 
        in the Department an Office of Appeals and Redress to 
        implement, coordinate, and execute the process 
        established by the Secretary pursuant to subsection 
        (a). The Office shall include representatives from the 
        Transportation Security Administration, United States 
        Customs and Border Protection, and such other offices 
        and components of the Department as the Secretary 
        determines appropriate.
            ``(2) Records.--The process established by the 
        Secretary pursuant to subsection (a) shall include the 
        establishment of a method by which the Office, under 
        the direction of the Secretary, will be able to 
        maintain a record of air carrier passengers and other 
        individuals who have been misidentified and have 
        corrected erroneous information.
            ``(3) Information.--To prevent repeated delays of 
        an misidentified passenger or other individual, the 
        Office shall--
                    ``(A) ensure that the records maintained 
                under this subsection contain information 
                determined by the Secretary to authenticate the 
                identity of such a passenger or individual;
                    ``(B) furnish to the Transportation 
                Security Administration, United States Customs 
                and Border Protection, or any other appropriate 
                office or component of the Department, upon 
                request, such information as may be necessary 
                to allow such office or component to assist air 
                carriers in improving their administration of 
                the advanced passenger prescreening system and 
                reduce the number of false positives; and
                    ``(C) require air carriers and foreign air 
                carriers take action to identify passengers 
                determined, under the process established under 
                subsection (a), to have been wrongly 
                identified.
            ``(4) Handling of personally identifiable 
        information.--The Secretary, in conjunction with the 
        Chief Privacy Officer of the Department shall--
                    ``(A) require that Federal employees of the 
                Department handling personally identifiable 
                information of passengers (in this paragraph 
                referred to as `PII') complete mandatory 
                privacy and security training prior to being 
                authorized to handle PII;
                    ``(B) ensure that the records maintained 
                under this subsection are secured by 
                encryption, one-way hashing, other data 
                anonymization techniques, or such other 
                equivalent security technical protections as 
                the Secretary determines necessary;
                    ``(C) limit the information collected from 
                misidentified passengers or other individuals 
                to the minimum amount necessary to resolve a 
                redress request;
                    ``(D) require that the data generated under 
                this subsection shall be shared or transferred 
                via a secure data network, that has been 
                audited to ensure that the anti-hacking and 
                other security related software functions 
                properly and is updated as necessary;
                    ``(E) ensure that any employee of the 
                Department receiving the data contained within 
                the records handles the information in 
                accordance with the section 552a of title 5, 
                United States Code, and the Federal Information 
                Security Management Act of 2002 (Public Law 
                107-296);
                    ``(F) only retain the data for as long as 
                needed to assist the individual traveler in the 
                redress process; and
                    ``(G) conduct and publish a privacy impact 
                assessment of the process described within this 
                subsection and transmit the assessment to the 
                Committee on Homeland Security of the House of 
                Representatives, the Committee on Commerce, 
                Science, and Transportation of the Senate, and 
                Committee on Homeland Security and Governmental 
                Affairs of the Senate.
            ``(5) Initiation of redress process at airports.--
        The Office shall establish at each airport at which the 
        Department has a significant presence a process to 
        provide information to air carrier passengers to begin 
        the redress process established pursuant to subsection 
        (a).''.
    (b) Clerical Amendment.--The analysis for such chapter is 
amended by inserting after the item relating to section 44925 
the following:

``44926. Appeal and redress process for passengers wrongly delayed or 
          prohibited from boarding a flight.''.

SEC. 1607. STRENGTHENING EXPLOSIVES DETECTION AT PASSENGER SCREENING 
                    CHECKPOINTS.

    (a) In General.--Not later than 30 days after the date of 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Administrator of the Transportation 
Security Administration, shall issue the strategic plan the 
Secretary was required by section 44925(b) of title 49, United 
States Code, to have issued within 90 days after the date of 
enactment of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458).
    (b) Deployment.--Section 44925(b) of title 49, United 
States Code, is amended by adding at the end the following:
            ``(3) Implementation.--The Secretary shall begin 
        implementation of the strategic plan within one year 
        after the date of enactment of this paragraph.''.

SEC. 1608. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPORTATION SECURITY 
                    TECHNOLOGY.

    Section 137(a) of the Aviation and Transportation Security 
Act (49 U.S.C. 44912 note; 115 Stat. 637) is amended--
            (1) by striking ``2002 through 2006'' and inserting 
        ``2006 through 2011'';
            (2) by striking ``aviation'' and inserting 
        ``transportation''; and
            (3) by striking ``2002 and 2003'' and inserting 
        ``2006 through 2011''.

SEC. 1609. BLAST-RESISTANT CARGO CONTAINERS.

    Section 44901 of title 49, United States Code, as amended 
by section 1602, is further amended by adding at the end the 
following:
    ``(j) Blast-Resistant Cargo Containers.--
            ``(1) In general.--Before January 1, 2008, the 
        Administrator of the Transportation Security 
        Administration shall--
                    ``(A) evaluate the results of the blast-
                resistant cargo container pilot program that 
                was initiated before the date of enactment of 
                this subsection; and
                    ``(B) prepare and distribute through the 
                Aviation Security Advisory Committee to the 
                appropriate Committees of Congress and air 
                carriers a report on that evaluation which may 
                contain nonclassified and classified sections.
            ``(2) Acquisition, maintenance, and replacement.--
        Upon completion and consistent with the results of the 
        evaluation that paragraph (1)(A) requires, the 
        Administrator shall--
                    ``(A) develop and implement a program, as 
                the Administrator determines appropriate, to 
                acquire, maintain, and replace blast-resistant 
                cargo containers;
                    ``(B) pay for the program; and
                    ``(C) make available blast-resistant cargo 
                containers to air carriers pursuant to 
                paragraph (3).
            ``(3) Distribution to air carriers.--The 
        Administrator shall make available, beginning not later 
        than July 1, 2008, blast-resistant cargo containers to 
        air carriers for use on a risk managed basis as 
        determined by the Administrator.''.

SEC. 1610. PROTECTION OF PASSENGER PLANES FROM EXPLOSIVES.

    (a) Technology Research and Pilot Projects.--
            (1) Research and development.--The Secretary of 
        Homeland Security, in consultation with the 
        Administrator of the Transportation Security 
        Administration, shall expedite research and development 
        programs for technologies that can disrupt or prevent 
        an explosive device from being introduced onto a 
        passenger plane or from damaging a passenger plane 
        while in flight or on the ground. The research shall be 
        used in support of implementation of section 44901 of 
        title 49, United States Code.
            (2) Pilot projects.--The Secretary, in conjunction 
        with the Secretary of Transportation, shall establish a 
        grant program to fund pilot projects--
                    (A) to deploy technologies described in 
                paragraph (1); and
                    (B) to test technologies to expedite the 
                recovery, development, and analysis of 
                information from aircraft accidents to 
                determine the cause of the accident, including 
                deployable flight deck and voice recorders and 
                remote location recording devices.
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Homeland Security for 
fiscal year 2008 such sums as may be necessary to carry out 
this section. Such sums shall remain available until expended.

SEC. 1611. SPECIALIZED TRAINING.

    The Administrator of the Transportation Security 
Administration shall provide advanced training to 
transportation security officers for the development of 
specialized security skills, including behavior observation and 
analysis, explosives detection, and document examination, in 
order to enhance the effectiveness of layered transportation 
security measures.

SEC. 1612. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.

    (a) In General.--Notwithstanding any provision of law, any 
statutory limitation on the number of employees in the 
Transportation Security Administration, before or after its 
transfer to the Department of Homeland Security from the 
Department of Transportation, does not apply after fiscal year 
2007.
    (b) Aviation Security.--Notwithstanding any provision of 
law imposing a limitation on the recruiting or hiring of 
personnel into the Transportation Security Administration to a 
maximum number of permanent positions, the Secretary of 
Homeland Security shall recruit and hire such personnel into 
the Administration as may be necessary--
            (1) to provide appropriate levels of aviation 
        security; and
            (2) to accomplish that goal in such a manner that 
        the average aviation security-related delay experienced 
        by airline passengers is reduced to a level of less 
        than 10 minutes.

SEC. 1613. PILOT PROJECT TO TEST DIFFERENT TECHNOLOGIES AT AIRPORT EXIT 
                    LANES.

    (a) In General.--The Administrator of the Transportation 
Security Administration shall conduct a pilot program at not 
more than 2 airports to identify technologies to improve 
security at airport exit lanes.
    (b) Program Components.--In conducting the pilot program 
under this section, the Administrator shall--
            (1) utilize different technologies that protect the 
        integrity of the airport exit lanes from unauthorized 
        entry;
            (2) work with airport officials to deploy such 
        technologies in multiple configurations at a selected 
        airport or airports at which some of the exits are not 
        colocated with a screening checkpoint; and
            (3) ensure the level of security is at or above the 
        level of existing security at the airport or airports 
        where the pilot program is conducted.
    (c) Reports.--
            (1) Initial briefing.--Not later than 180 days 
        after the date of enactment of this Act, the 
        Administrator shall conduct a briefing to the 
        congressional committees set forth in paragraph (3) 
        that describes--
                    (A) the airport or airports selected to 
                participate in the pilot program;
                    (B) the technologies to be tested;
                    (C) the potential savings from implementing 
                the technologies at selected airport exits;
                    (D) the types of configurations expected to 
                be deployed at such airports; and
                    (E) the expected financial contribution 
                from each airport.
            (2) Final report.--Not later than 18 months after 
        the technologies are deployed at the airports 
        participating in the pilot program, the Administrator 
        shall submit a final report to the congressional 
        committees set forth in paragraph (3) that describes--
                    (A) the changes in security procedures and 
                technologies deployed;
                    (B) the estimated cost savings at the 
                airport or airports that participated in the 
                pilot program; and
                    (C) the efficacy and staffing benefits of 
                the pilot program and its applicability to 
                other airports in the United States.
            (3) Congressional committees.--The reports required 
        under this subsection shall be submitted to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Appropriations of the 
                Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Homeland Security of 
                the House of Representatives; and
                    (E) the Committee on Appropriations of the 
                House of Representatives.
    (d) Use of Existing Funds.--This section shall be executed 
using existing funds.

SEC. 1614. SECURITY CREDENTIALS FOR AIRLINE CREWS.

    (a) Report.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Transportation 
Security Administration, after consultation with airline, 
airport, and flight crew representatives, shall submit to the 
Committee on Commerce, Science, and Transportation of the 
Senate, the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Committee on Homeland Security of 
the House of Representatives, and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report on the status of the Administration's 
efforts to institute a sterile area access system or method 
that will enhance security by properly identifying authorized 
airline flight deck and cabin crew members at screening 
checkpoints and granting them expedited access through 
screening checkpoints. The Administrator shall include in the 
report recommendations on the feasibility of implementing the 
system for the domestic aviation industry beginning one year 
after the date on which the report is submitted.
    (b) Beginning Implementation.--The Administrator shall 
begin implementation of the system or method referred to in 
subsection (a) not later than one year after the date on which 
the Administrator submits the report under subsection (a).

SEC. 1615. LAW ENFORCEMENT OFFICER BIOMETRIC CREDENTIAL.

    (a) In General.--Section 44903(h)(6) of title 49, United 
States Code, is amended to read as follows:
            ``(6) Use of biometric technology for armed law 
        enforcement travel.--
                    ``(A) In general.--Not later than 18 months 
                after the date of enactment of the Implementing 
                Recommendations of the 9/11 Commission Act of 
                2007, the Secretary of Homeland Security, in 
                consultation with the Attorney General, shall--
                            ``(i) implement this section by 
                        publication in the Federal Register; 
                        and
                            ``(ii) establish a national 
                        registered armed law enforcement 
                        program, that shall be federally 
                        managed, for law enforcement officers 
                        needing to be armed when traveling by 
                        commercial aircraft.
                    ``(B) Program requirements.--The program 
                shall--
                            ``(i) establish a credential or a 
                        system that incorporates biometric 
                        technology and other applicable 
                        technologies;
                            ``(ii) establish a system for law 
                        enforcement officers who need to be 
                        armed when traveling by commercial 
                        aircraft on a regular basis and for 
                        those who need to be armed during 
                        temporary travel assignments;
                            ``(iii) comply with other uniform 
                        credentialing initiatives, including 
                        the Homeland Security Presidential 
                        Directive 12;
                            ``(iv) apply to all Federal, State, 
                        local, tribal, and territorial 
                        government law enforcement agencies; 
                        and
                            ``(v) establish a process by which 
                        the travel credential or system may be 
                        used to verify the identity, using 
                        biometric technology, of a Federal, 
                        State, local, tribal, or territorial 
                        law enforcement officer seeking to 
                        carry a weapon on board a commercial 
                        aircraft, without unnecessarily 
                        disclosing to the public that the 
                        individual is a law enforcement 
                        officer.
                    ``(C) Procedures.--In establishing the 
                program, the Secretary shall develop 
                procedures--
                            ``(i) to ensure that a law 
                        enforcement officer of a Federal, 
                        State, local, tribal, or territorial 
                        government flying armed has a specific 
                        reason for flying armed and the reason 
                        is within the scope of the duties of 
                        such officer;
                            ``(ii) to preserve the anonymity of 
                        the armed law enforcement officer;
                            ``(iii) to resolve failures to 
                        enroll, false matches, and false 
                        nonmatches relating to the use of the 
                        law enforcement travel credential or 
                        system;
                            ``(iv) to determine the method of 
                        issuance of the biometric credential to 
                        law enforcement officers needing to be 
                        armed when traveling by commercial 
                        aircraft;
                            ``(v) to invalidate any law 
                        enforcement travel credential or system 
                        that is lost, stolen, or no longer 
                        authorized for use;
                            ``(vi) to coordinate the program 
                        with the Federal Air Marshal Service, 
                        including the force multiplier program 
                        of the Service; and
                            ``(vii) to implement a phased 
                        approach to launching the program, 
                        addressing the immediate needs of the 
                        relevant Federal agent population 
                        before expanding to other law 
                        enforcement populations.''.
    (b) Report.--
            (1) In general.--Not later than 180 days after 
        implementing the national registered armed law 
        enforcement program required by section 44903(h)(6) of 
        title 49, United States Code, the Secretary of Homeland 
        Security shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Homeland Security of the House of 
        Representatives a report. If the Secretary has not 
        implemented the program within 180 days after the date 
        of enactment of this Act, the Secretary shall submit a 
        report to the Committees within 180 days explaining the 
        reasons for the failure to implement the program within 
        the time required by that section and a further report 
        within each successive 90-day period until the program 
        is implemented explaining the reasons for such further 
        delays in implementation until the program is 
        functioning.
            (2) Classified format.--The Secretary may submit 
        each report required by this subsection in classified 
        format.

SEC. 1616. REPAIR STATION SECURITY.

    (a) Certification of Foreign Repair Stations Suspension.--
If the regulations required by section 44924(f) of title 49, 
United States Code, are not issued within one year after the 
date of enactment of this Act, the Administrator of the Federal 
Aviation Administration may not certify any foreign repair 
station under part 145 of title 14, Code of Federal 
Regulations, after such date unless the station was previously 
certified, or is in the process of certification by the 
Administration under that part.
    (b) 6-Month Deadline for Security Review and Audit.--
Subsections (a) and (d) of section 44924 of title 49, United 
States Code, is amended--
            (1) in each of subsections (a) and (b) by striking 
        ``18 months'' and inserting ``6 months''; and
            (2) in subsection (d) by inserting ``(other than a 
        station that was previously certified, or is in the 
        process of certification, by the Administration under 
        this part)'' before ``until''.

SEC. 1617. GENERAL AVIATION SECURITY.

     Section 44901 of title 49, United States Code, as amended 
by sections 1602 and 1609, is further amended by adding at the 
end the following:
    ``(k) General Aviation Airport Security Program.--
            ``(1) In general.--Not later than one year after 
        the date of enactment of this subsection, the 
        Administrator of the Transportation Security 
        Administration shall--
                    ``(A) develop a standardized threat and 
                vulnerability assessment program for general 
                aviation airports (as defined in section 
                47134(m)); and
                    ``(B) implement a program to perform such 
                assessments on a risk-managed basis at general 
                aviation airports.
            ``(2) Grant program.--Not later than 6 months after 
        the date of enactment of this subsection, the 
        Administrator shall initiate and complete a study of 
        the feasibility of a program, based on a risk-managed 
        approach, to provide grants to operators of general 
        aviation airports (as defined in section 47134(m)) for 
        projects to upgrade security at such airports. If the 
        Administrator determines that such a program is 
        feasible, the Administrator shall establish such a 
        program.
            ``(3) Application to general aviation aircraft.--
        Not later than 180 days after the date of enactment of 
        this subsection, the Administrator shall develop a 
        risk-based system under which--
                    ``(A) general aviation aircraft, as 
                identified by the Administrator, in 
                coordination with the Administrator of the 
                Federal Aviation Administration, are required 
                to submit passenger information and advance 
                notification requirements for United States 
                Customs and Border Protection before entering 
                United States airspace; and
                    ``(B) such information is checked against 
                appropriate databases.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to the Administrator of 
        the Transportation Security Administration such sums as 
        may be necessary to carry out paragraphs (2) and 
        (3).''.

SEC. 1618. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING.

    Section 48301(a) of title 49, United States Code, is 
amended by striking ``and 2006'' and inserting ``2007, 2008, 
2009, 2010, and 2011''.

                       TITLE XVII--MARITIME CARGO

SEC. 1701. CONTAINER SCANNING AND SEALS.

    (a) Container Scanning.--Section 232(b) of the SAFE Ports 
Act (6 U.S.C. 982(b)) is amended to read as follows:
    ``(b) Full-Scale Implementation.--
            ``(1) In general.--A container that was loaded on a 
        vessel in a foreign port shall not enter the United 
        States (either directly or via a foreign port) unless 
        the container was scanned by nonintrusive imaging 
        equipment and radiation detection equipment at a 
        foreign port before it was loaded on a vessel.
            ``(2) Application.--Paragraph (1) shall apply with 
        respect to containers loaded on a vessel in a foreign 
        country on or after the earlier of--
                    ``(A) July 1, 2012; or
                    ``(B) such other date as may be established 
                by the Secretary under paragraph (3).
            ``(3) Establishment of earlier deadline.--The 
        Secretary shall establish a date under (2)(B) pursuant 
        to the lessons learned through the pilot integrated 
        scanning systems established under section 231.
            ``(4) Extensions.--The Secretary may extend the 
        date specified in paragraph (2)(A) or (2)(B) for 2 
        years, and may renew the extension in additional 2-year 
        increments, for containers loaded in a port or ports, 
        if the Secretary certifies to Congress that at least 
        two of the following conditions exist:
                    ``(A) Systems to scan containers in 
                accordance with paragraph (1) are not available 
                for purchase and installation.
                    ``(B) Systems to scan containers in 
                accordance with paragraph (1) do not have a 
                sufficiently low false alarm rate for use in 
                the supply chain.
                    ``(C) Systems to scan containers in 
                accordance with paragraph (1) cannot be 
                purchased, deployed, or operated at ports 
                overseas, including, if applicable, because a 
                port does not have the physical characteristics 
                to install such a system.
                    ``(D) Systems to scan containers in 
                accordance with paragraph (1) cannot be 
                integrated, as necessary, with existing 
                systems.
                    ``(E) Use of systems that are available to 
                scan containers in accordance with paragraph 
                (1) will significantly impact trade capacity 
                and the flow of cargo.
                    ``(F) Systems to scan containers in 
                accordance with paragraph (1) do not adequately 
                provide an automated notification of 
                questionable or high-risk cargo as a trigger 
                for further inspection by appropriately trained 
                personnel.
            ``(5) Exemption for military cargo.--
        Notwithstanding any other provision in the section, 
        supplies bought by the Secretary of Defense and 
        transported in compliance section 2631 of title 10, 
        United States Code, and military cargo of foreign 
        countries are exempt from the requirements of this 
        section.
            ``(6) Report on extensions.--An extension under 
        paragraph (4) for a port or ports shall take effect 
        upon the expiration of the 60-day period beginning on 
        the date the Secretary provides a report to Congress 
        that--
                    ``(A) states what container traffic will be 
                affected by the extension;
                    ``(B) provides supporting evidence to 
                support the Secretary's certification of the 
                basis for the extension; and
                    ``(C) explains what measures the Secretary 
                is taking to ensure that scanning can be 
                implemented as early as possible at the port or 
                ports that are the subject of the report.
            ``(7) Report on renewal of extension.--If an 
        extension under paragraph (4) takes effect, the 
        Secretary shall, after one year, submit a report to 
        Congress on whether the Secretary expects to seek to 
        renew the extension.
            ``(8) Scanning technology standards.--In 
        implementing paragraph (1), the Secretary shall--
                    ``(A) establish technological and 
                operational standards for systems to scan 
                containers;
                    ``(B) ensure that the standards are 
                consistent with the global nuclear detection 
                architecture developed under the Homeland 
                Security Act of 2002; and
                    ``(C) coordinate with other Federal 
                agencies that administer scanning or detection 
                programs at foreign ports.
            ``(9) International trade and other obligations.--
        In carrying out this subsection, the Secretary shall 
        consult with appropriate Federal departments and 
        agencies and private sector stakeholders, and ensure 
        that actions under this section do not violate 
        international trade obligations, and are consistent 
        with the World Customs Organization framework, or other 
        international obligations of the United States.''.
    (b) Deadline for Container Security Standards and 
Procedures.--Section 204(a)(4) of the SAFE Port Act (6 U.S.C. 
944(a)(4)) is amended by--
            (1) striking ``(1) Deadline for enforcement.--'' 
        and inserting the following:
            ``(1) Deadline for enforcement.--
                    ``(A) Enforcement of rule.--''; and
            (2) adding at the end the following:
                    ``(B) Interim requirement.--If the interim 
                final rule described in paragraph (2) is not 
                issued by April 1, 2008, then--
                            ``(i) effective not later than 
                        October 15, 2008, all containers in 
                        transit to the United States shall be 
                        required to meet the requirements of 
                        International Organization for 
                        Standardization Publicly Available 
                        Specification 17712 standard for 
                        sealing containers; and
                            ``(ii) the requirements of this 
                        subparagraph shall cease to be 
                        effective upon the effective date of 
                        the interim final rule issued pursuant 
                        to this subsection.''.

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

SEC. 1801. FINDINGS.

    The 9/11 Commission has made the following recommendations:
            (1) Strengthen ``counter-proliferation'' efforts.--
        The United States should work with the international 
        community to develop laws and an international legal 
        regime with universal jurisdiction to enable any state 
        in the world to capture, interdict, and prosecute 
        smugglers of nuclear material.
            (2) Expand the proliferation security initiative.--
        In carrying out the Proliferation Security Initiative, 
        the United States should--
                    (A) use intelligence and planning resources 
                of the North Atlantic Treaty Organization 
                (NATO) alliance;
                    (B) make participation open to non-NATO 
                countries; and
                    (C) encourage Russia and the People's 
                Republic of China to participate.
            (3) Support the cooperative threat reduction 
        program.--The United States should expand, improve, 
        increase resources for, and otherwise fully support the 
        Cooperative Threat Reduction program.

SEC. 1802. DEFINITIONS.

    In this title:
            (1) The terms ``prevention of weapons of mass 
        destruction proliferation and terrorism'' and 
        ``prevention of WMD proliferation and terrorism'' 
        include activities under--
                    (A) the programs specified in section 
                1501(b) of the National Defense Authorization 
                Act for Fiscal Year 1997 (Public Law 104-201; 
                110 Stat. 2731; 50 U.S.C. 2362 note);
                    (B) the programs for which appropriations 
                are authorized by section 3101(a)(2) of the Bob 
                Stump National Defense Authorization Act for 
                Fiscal Year 2003 (Public Law 107-314; 116 Stat. 
                2729);
                    (C) programs authorized by section 504 of 
                the Freedom for Russia and Emerging Eurasian 
                Democracies and Open Markets Support Act of 
                1992 (the FREEDOM Support Act) (22 U.S.C. 5854) 
                and programs authorized by section 1412 of the 
                Former Soviet Union Demilitarization Act of 
                1992 (22 U.S.C. 5902); and
                    (D) a program of any agency of the Federal 
                Government having a purpose similar to that of 
                any of the programs identified in subparagraphs 
                (A) through (C), as designated by the United 
                States Coordinator for the Prevention of 
                Weapons of Mass Destruction Proliferation and 
                Terrorism and the head of the agency.
            (2) The terms ``weapons of mass destruction'' and 
        ``WMD'' mean chemical, biological, and nuclear weapons, 
        and chemical, biological, and nuclear materials used in 
        the manufacture of such weapons.
            (3) The term ``items of proliferation concern'' 
        means--
                    (A) equipment, materials, or technology 
                listed in--
                            (i) the Trigger List of the 
                        Guidelines for Nuclear Transfers of the 
                        Nuclear Suppliers Group;
                            (ii) the Annex of the Guidelines 
                        for Transfers of Nuclear-Related Dual-
                        Use Equipment, Materials, Software, and 
                        Related Technology of the Nuclear 
                        Suppliers Group; or
                            (iii) any of the Common Control 
                        Lists of the Australia Group; and
                    (B) any other sensitive items.

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

SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR 
                    PREVENTION OF WEAPONS OF MASS DESTRUCTION 
                    PROLIFERATION AND TERRORISM.

    Consistent with the recommendations of the 9/11 Commission, 
Congress repeals or modifies the limitations on assistance for 
prevention of weapons of mass destruction proliferation and 
terrorism as follows:
            (1) Soviet nuclear threat reduction act of 1991.--
        Subsections (b) and (c) of section 211 of the Soviet 
        Nuclear Threat Reduction Act of 1991 (title II of 
        Public Law 102-228; 22 U.S.C. 2551 note) are repealed.
            (2) Cooperative threat reduction act of 1993.--
        Section 1203(d) of the Cooperative Threat Reduction Act 
        of 1993 (title XII of Public Law 103-160; 22 U.S.C. 
        5952(d)) is repealed.
            (3) Russian chemical weapons destruction 
        facilities.--Section 1305 of the National Defense 
        Authorization Act for Fiscal Year 2000 (Public Law 106-
        65; 22 U.S.C. 5952 note) is repealed.
            (4) Authority to use cooperative threat reduction 
        funds outside the former soviet union--modification of 
        certification requirement; congressional notice 
        requirement.--Section 1308 of the National Defense 
        Authorization Act for Fiscal Year 2004 (Public Law 108-
        136; 22 U.S.C. 5963) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``the President 
                        may'' and inserting ``the Secretary of 
                        Defense may''; and
                            (ii) by striking ``if the 
                        President'' and inserting ``if the 
                        Secretary of Defense, with the 
                        concurrence of the Secretary of 
                        State,'';
                    (B) in subsection (d)(1)--
                            (i) by striking ``The President may 
                        not'' and inserting ``The Secretary of 
                        Defense may not''; and
                            (ii) by striking ``until the 
                        President'' and inserting ``until the 
                        Secretary of Defense, with the 
                        concurrence of the Secretary of 
                        State,'';
                    (C) in subsection (d)(2)--
                            (i) by striking ``Not later than 10 
                        days after'' and inserting ``Not later 
                        than 15 days prior to'';
                            (ii) by striking ``the President 
                        shall'' and inserting ``the Secretary 
                        of Defense shall''; and
                            (iii) by striking ``Congress'' and 
                        inserting ``the Committee on Armed 
                        Services and the Committee on Foreign 
                        Affairs of the House of Representatives 
                        and the Committee on Armed Services and 
                        the Committee on Foreign Relations of 
                        the Senate''; and
                    (D) in subsection (d) by adding at the end 
                the following:
    ``(3) In the case of a situation that threatens human life 
or safety or where a delay would severely undermine the 
national security of the United States, notification under 
paragraph (2) shall be made not later than 10 days after 
obligating funds under the authority in subsection (a) for a 
project or activity.''.

             Subtitle B--Proliferation Security Initiative

SEC. 1821. PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS AND 
                    AUTHORITIES.

    (a) Sense of Congress.--It is the sense of Congress, 
consistent with the 9/11 Commission's recommendations, that the 
President should strive to expand and strengthen the 
Proliferation Security Initiative (in this subtitle referred to 
as ``PSI'') announced by the President on May 31, 2003, with a 
particular emphasis on the following:
            (1) Issuing a presidential directive to the 
        relevant United States Government agencies and 
        departments that directs such agencies and departments 
        to--
                    (A) establish clear PSI authorities, 
                responsibilities, and structures;
                    (B) include in the budget request for each 
                such agency or department for each fiscal year, 
                a request for funds necessary for United States 
                PSI-related activities; and
                    (C) provide other necessary resources to 
                achieve more efficient and effective 
                performance of United States PSI-related 
                activities.
            (2) Increasing PSI cooperation with all countries.
            (3) Implementing the recommendations of the 
        Government Accountability Office (GAO) in the September 
        2006 report titled ``Better Controls Needed to Plan and 
        Manage Proliferation Security Initiative Activities'' 
        (GAO-06-937C) regarding the following:
                    (A) The Department of Defense and the 
                Department of State should establish clear PSI 
                roles and responsibilities, policies and 
                procedures, interagency communication 
                mechanisms, documentation requirements, and 
                indicators to measure program results.
                    (B) The Department of Defense and the 
                Department of State should develop a strategy 
                to work with PSI-participating countries to 
                resolve issues that are impediments to 
                conducting successful PSI interdictions.
            (4) Establishing a multilateral mechanism to 
        increase coordination, cooperation, and compliance 
        among PSI-participating countries.
    (b) Budget Submission.--
            (1) In general.--Each fiscal year in which 
        activities are planned to be carried out under the PSI, 
        the President shall include in the budget request for 
        each participating United States Government agency or 
        department for that fiscal year, a description of the 
        funding and the activities for which the funding is 
        requested for each such agency or department.
            (2) Report.--Not later than the first Monday in 
        February of each year in which the President submits a 
        budget request described in paragraph (1), the 
        Secretary of Defense and the Secretary of State shall 
        submit to Congress a comprehensive joint report setting 
        forth the following:
                    (A) A three-year plan, beginning with the 
                fiscal year for the budget request, that 
                specifies the amount of funding and other 
                resources to be provided by the United States 
                for PSI-related activities over the term of the 
                plan, including the purposes for which such 
                funding and resources will be used.
                    (B) For the report submitted in 2008, a 
                description of the PSI-related activities 
                carried out during the three fiscal years 
                preceding the year of the report, and for the 
                report submitted in 2009 and each year 
                thereafter, a description of the PSI-related 
                activities carried out during the fiscal year 
                preceding the year of the report. The 
                description shall include, for each fiscal year 
                covered by the report--
                            (i) the amounts obligated and 
                        expended for such activities and the 
                        purposes for which such amounts were 
                        obligated and expended;
                            (ii) a description of the 
                        participation of each department or 
                        agency of the United States Government 
                        in such activities;
                            (iii) a description of the 
                        participation of each foreign country 
                        or entity in such activities;
                            (iv) a description of any 
                        assistance provided to a foreign 
                        country or entity participating in such 
                        activities in order to secure such 
                        participation, in response to such 
                        participation, or in order to improve 
                        the quality of such participation; and
                            (v) such other information as the 
                        Secretary of Defense and the Secretary 
                        of State determine should be included 
                        to keep Congress fully informed of the 
                        operation and activities of the PSI.
            (3) Classification.--The report required by 
        paragraph (2) shall be in an unclassified form but may 
        include a classified annex as necessary.
    (c) Implementation Report.--Not later than 180 days after 
the date of the enactment of this Act, the President shall 
transmit to the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives and the 
Committee on Armed Services and the Committee on Foreign 
Relations of the Senate a report on the implementation of this 
section. The report shall include--
            (1) the steps taken to implement the 
        recommendations described in paragraph (3) of 
        subsection (a); and
            (2) the progress made toward implementing the 
        matters described in paragraphs (1), (2), and (4) of 
        subsection (a).
    (d) GAO Reports.--The Government Accountability Office 
shall submit to Congress, for each of fiscal years 2007, 2009, 
and 2011, a report with its assessment of the progress and 
effectiveness of the PSI, which shall include an assessment of 
the measures referred to in subsection (a).

SEC. 1822. AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE COUNTRIES.

    (a) In General.--The President is authorized to provide 
assistance under subsection (b) to any country that cooperates 
with the United States and with other countries allied with the 
United States to prevent the transport and transshipment of 
items of proliferation concern in its national territory or 
airspace or in vessels under its control or registry.
    (b) Types of Assistance.--The assistance authorized under 
subsection (a) consists of the following:
            (1) Assistance under section 23 of the Arms Export 
        Control Act (22 U.S.C. 2763).
            (2) Assistance under chapters 4 (22 U.S.C. 2346 et 
        seq.) and 5 (22 U.S.C. 2347 et seq.) of part II of the 
        Foreign Assistance Act of 1961.
            (3) Drawdown of defense excess defense articles and 
        services under section 516 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2321j).
    (c) Congressional Notification.--Assistance authorized 
under this section may not be provided until at least 30 days 
after the date on which the President has provided notice 
thereof to the Committee on Armed Services, the Committee on 
Foreign Affairs, and the Committee on Appropriations of the 
House of Representatives and the Committee on Armed Services, 
the Committee on Foreign Relations, and the Committee on 
Appropriations of the Senate, in accordance with the procedures 
applicable to reprogramming notifications under section 634A(a) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1(a)), 
and has certified to such committees that such assistance will 
be used in accordance with the requirement of subsection (e) of 
this section.
    (d) Limitation.--Assistance may be provided to a country 
under section (a) in no more than three fiscal years.
    (e) Use of Assistance.--Assistance provided under this 
section shall be used to enhance the capability of the 
recipient country to prevent the transport and transshipment of 
items of proliferation concern in its national territory or 
airspace, or in vessels under its control or registry, 
including through the development of a legal framework in that 
country to enhance such capability by criminalizing 
proliferation, enacting strict export controls, and securing 
sensitive materials within its borders, and to enhance the 
ability of the recipient country to cooperate in PSI 
operations.
    (f) Limitation on Ship or Aircraft Transfers.--
            (1) Limitation.--Except as provided in paragraph 
        (2), the President may not transfer any excess defense 
        article that is a vessel or an aircraft to a country 
        that has not agreed, in connection with such transfer, 
        that it will support and assist efforts by the United 
        States, consistent with international law, to interdict 
        items of proliferation concern until thirty days after 
        the date on which the President has provided notice of 
        the proposed transfer to the committees described in 
        subsection (c) in accordance with the procedures 
        applicable to reprogramming notifications under section 
        634A(a) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2394-1(a)), in addition to any other requirement 
        of law.
            (2) Exception.--The limitation in paragraph (1) 
        shall not apply to any transfer, not involving 
        significant military equipment, in which the primary 
        use of the aircraft or vessel will be for 
        counternarcotics, counterterrorism, or 
        counterproliferation purposes.

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

SEC. 1831. STATEMENT OF POLICY.

    It shall be the policy of the United States, consistent 
with the 9/11 Commission's recommendations, to eliminate any 
obstacles to timely obligating and executing the full amount of 
any appropriated funds for threat reduction and 
nonproliferation programs in order to accelerate and strengthen 
progress on preventing weapons of mass destruction (WMD) 
proliferation and terrorism. Such policy shall be implemented 
with concrete measures, such as those described in this title, 
including the removal and modification of statutory limits to 
executing funds, the expansion and strengthening of the 
Proliferation Security Initiative, the establishment of the 
Office of the United States Coordinator for the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism under 
subtitle D, and the establishment of the Commission on the 
Prevention of Weapons of Mass Destruction Proliferation and 
Terrorism under subtitle E. As a result, Congress intends that 
any funds authorized to be appropriated to programs for 
preventing WMD proliferation and terrorism under this subtitle 
will be executed in a timely manner.

SEC. 1832. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF 
                    DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM.

    (a) Fiscal Year 2008.--
            (1) In general.--Subject to paragraph (2), there 
        are authorized to be appropriated to the Department of 
        Defense Cooperative Threat Reduction Program such sums 
        as may be necessary for fiscal year 2008 for the 
        following purposes:
                    (A) Chemical weapons destruction at 
                Shchuch'ye, Russia.
                    (B) Biological weapons proliferation 
                prevention.
                    (C) Acceleration, expansion, and 
                strengthening of Cooperative Threat Reduction 
                Program activities.
            (2) Limitation.--The sums appropriated pursuant to 
        paragraph (1) may not exceed the amounts authorized to 
        be appropriated by any national defense authorization 
        Act for fiscal year 2008 (whether enacted before or 
        after the date of the enactment of this Act) to the 
        Department of Defense Cooperative Threat Reduction 
        Program for such purposes.
    (b) Future Years.--It is the sense of Congress that in 
fiscal year 2008 and future fiscal years, the President should 
accelerate and expand funding for Cooperative Threat Reduction 
programs administered by the Department of Defense and such 
efforts should include, beginning upon enactment of this Act, 
encouraging additional commitments by the Russian Federation 
and other partner nations, as recommended by the 9/11 
Commission.

SEC. 1833. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF ENERGY 
                    PROGRAMS TO PREVENT WEAPONS OF MASS DESTRUCTION 
                    PROLIFERATION AND TERRORISM.

    (a) In General.--Subject to subsection (b), there are 
authorized to be appropriated to Department of Energy National 
Nuclear Security Administration Defense Nuclear 
Nonproliferation such sums as may be necessary for fiscal year 
2008 to accelerate, expand, and strengthen the following 
programs to prevent weapons of mass destruction (WMD) 
proliferation and terrorism:
            (1) The Global Threat Reduction Initiative.
            (2) The Nonproliferation and International Security 
        program.
            (3) The International Materials Protection, Control 
        and Accounting program.
            (4) The Nonproliferation and Verification Research 
        and Development program.
    (b) Limitation.--The sums appropriated pursuant to 
subsection (a) may not exceed the amounts authorized to be 
appropriated by any national defense authorization Act for 
fiscal year 2008 (whether enacted before or after the date of 
the enactment of this Act) to Department of Energy National 
Nuclear Security Administration Defense Nuclear 
Nonproliferation for such purposes.

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

SEC. 1841. OFFICE OF THE UNITED STATES COORDINATOR FOR THE PREVENTION 
                    OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 
                    TERRORISM.

    (a) Establishment.--There is established within the 
Executive Office of the President an office to be known as the 
``Office of the United States Coordinator for the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism'' (in 
this section referred to as the ``Office'').
    (b) Officers.--
            (1) United states coordinator.--The head of the 
        Office shall be the United States Coordinator for the 
        Prevention of Weapons of Mass Destruction Proliferation 
        and Terrorism (in this section referred to as the 
        ``Coordinator'').
            (2) Deputy united states coordinator.--There shall 
        be a Deputy United States Coordinator for the 
        Prevention of Weapons of Mass Destruction Proliferation 
        and Terrorism (in this section referred to as the 
        ``Deputy Coordinator''), who shall--
                    (A) assist the Coordinator in carrying out 
                the responsibilities of the Coordinator under 
                this subtitle; and
                    (B) serve as Acting Coordinator in the 
                absence of the Coordinator and during any 
                vacancy in the office of Coordinator.
            (3) Appointment.--The Coordinator and Deputy 
        Coordinator shall be appointed by the President, by and 
        with the advice and consent of the Senate, and shall be 
        responsible on a full-time basis for the duties and 
        responsibilities described in this section.
            (4) Limitation.--No person shall serve as 
        Coordinator or Deputy Coordinator while serving in any 
        other position in the Federal Government.
            (5) Access by congress.--The establishment of the 
        Office of the Coordinator within the Executive Office 
        of the President shall not be construed as affecting 
        access by the Congress or committees of either House 
        to--
                    (A) information, documents, and studies in 
                the possession of, or conducted by or at the 
                direction of, the Coordinator; or
                    (B) personnel of the Office of the 
                Coordinator.
    (c) Duties.--The responsibilities of the Coordinator shall 
include the following:
            (1) Serving as the principal advisor to the 
        President on all matters relating to the prevention of 
        weapons of mass destruction (WMD) proliferation and 
        terrorism.
            (2) Formulating a comprehensive and well-
        coordinated United States strategy and policies for 
        preventing WMD proliferation and terrorism, including--
                    (A) measurable milestones and targets to 
                which departments and agencies can be held 
                accountable;
                    (B) identification of gaps, duplication, 
                and other inefficiencies in existing 
                activities, initiatives, and programs and the 
                steps necessary to overcome these obstacles;
                    (C) plans for preserving the nuclear 
                security investment the United States has made 
                in Russia, the former Soviet Union, and other 
                countries;
                    (D) prioritized plans to accelerate, 
                strengthen, and expand the scope of existing 
                initiatives and programs, which include 
                identification of vulnerable sites and material 
                and the corresponding actions necessary to 
                eliminate such vulnerabilities;
                    (E) new and innovative initiatives and 
                programs to address emerging challenges and 
                strengthen United States capabilities, 
                including programs to attract and retain top 
                scientists and engineers and strengthen the 
                capabilities of United States national 
                laboratories;
                    (F) plans to coordinate United States 
                activities, initiatives, and programs relating 
                to the prevention of WMD proliferation and 
                terrorism, including those of the Department of 
                Energy, the Department of Defense, the 
                Department of State, and the Department of 
                Homeland Security, and including the 
                Proliferation Security Initiative, the G-8 
                Global Partnership Against the Spread of 
                Weapons and Materials of Mass Destruction, 
                United Nations Security Council Resolution 
                1540, and the Global Initiative to Combat 
                Nuclear Terrorism;
                    (G) plans to strengthen United States 
                commitments to international regimes and 
                significantly improve cooperation with other 
                countries relating to the prevention of WMD 
                proliferation and terrorism, with particular 
                emphasis on work with the international 
                community to develop laws and an international 
                legal regime with universal jurisdiction to 
                enable any state in the world to interdict and 
                prosecute smugglers of WMD material, as 
                recommended by the 9/11 Commission; and
                    (H) identification of actions necessary to 
                implement the recommendations of the Commission 
                on the Prevention of Weapons of Mass 
                Destruction Proliferation and Terrorism 
                established under subtitle E of this title.
            (3) Leading inter-agency coordination of United 
        States efforts to implement the strategy and policies 
        described in this section.
            (4) Conducting oversight and evaluation of 
        accelerated and strengthened implementation of 
        initiatives and programs to prevent WMD proliferation 
        and terrorism by relevant government departments and 
        agencies.
            (5) Overseeing the development of a comprehensive 
        and coordinated budget for programs and initiatives to 
        prevent WMD proliferation and terrorism, ensuring that 
        such budget adequately reflects the priority of the 
        challenges and is effectively executed, and carrying 
        out other appropriate budgetary authorities.
    (d) Staff.--The Coordinator may--
            (1) appoint, employ, fix compensation, and 
        terminate such personnel as may be necessary to enable 
        the Coordinator to perform his or her duties under this 
        title;
            (2) direct, with the concurrence of the Secretary 
        of a department or head of an agency, the temporary 
        reassignment within the Federal Government of personnel 
        employed by such department or agency, in order to 
        implement United States policy with regard to the 
        prevention of WMD proliferation and terrorism;
            (3) use for administrative purposes, on a 
        reimbursable basis, the available services, equipment, 
        personnel, and facilities of Federal, State, and local 
        agencies;
            (4) procure the services of experts and consultants 
        in accordance with section 3109 of title 5, United 
        States Code, relating to appointments in the Federal 
        Service, at rates of compensation for individuals not 
        to exceed the daily equivalent of the rate of pay 
        payable for a position at level IV of the Executive 
        Schedule under section 5315 of title 5, United States 
        Code; and
            (5) use the mails in the same manner as any other 
        department or agency of the executive branch.
    (e) Consultation With Commission.--The Office and the 
Coordinator shall regularly consult with and strive to 
implement the recommendations of the Commission on the 
Prevention of Weapons of Mass Destruction Proliferation and 
Terrorism, established under subtitle E of this title.
    (f) Annual Report on Strategic Plan.--For fiscal year 2009 
and each fiscal year thereafter, the Coordinator shall submit 
to Congress, at the same time as the submission of the budget 
for that fiscal year under title 31, United States Code, a 
report on the strategy and policies developed pursuant to 
subsection (c)(2), together with any recommendations of the 
Coordinator for legislative changes that the Coordinator 
considers appropriate with respect to such strategy and 
policies and their implementation or the Office of the 
Coordinator.
    (g) Participation in National Security Council and Homeland 
Security Council.--Section 101 of the National Security Act of 
1947 (50 U.S.C. 402) is amended--
            (1) by redesignating the last subsection (added as 
        ``(i)'' by section 301 of Public Law 105-292) as 
        subsection (k); and
            (2) by adding at the end the following:
    ``(l) Participation of Coordinator for the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism.--The 
United States Coordinator for the Prevention of Weapons of Mass 
Destruction Proliferation and Terrorism (or, in the 
Coordinator's absence, the Deputy United States Coordinator) 
may, in the performance of the Coordinator's duty as principal 
advisor to the President on all matters relating to the 
prevention of weapons of mass destruction proliferation and 
terrorism, and, subject to the direction of the President, 
attend and participate in meetings of the National Security 
Council and the Homeland Security Council.''.

SEC. 1842. SENSE OF CONGRESS ON UNITED STATES-RUSSIA COOPERATION AND 
                    COORDINATION ON THE PREVENTION OF WEAPONS OF MASS 
                    DESTRUCTION PROLIFERATION AND TERRORISM.

    It is the sense of the Congress that, as soon as practical, 
the President should engage the President of the Russian 
Federation in a discussion of the purposes and goals for the 
establishment of the Office of the United States Coordinator 
for the Prevention of Weapons of Mass Destruction Proliferation 
and Terrorism (in this section referred to as the ``Office''), 
the authorities and responsibilities of the United States 
Coordinator for the Prevention of Weapons of Mass Destruction 
Proliferation and Terrorism (in this section referred to as the 
``United States Coordinator''), and the importance of strong 
cooperation between the United States Coordinator and a senior 
official of the Russian Federation having authorities and 
responsibilities for preventing weapons of mass destruction 
proliferation and terrorism commensurate with those of the 
United States Coordinator, and with whom the United States 
Coordinator should coordinate planning and implementation of 
activities within and outside of the Russian Federation having 
the purpose of preventing weapons of mass destruction 
proliferation and terrorism.

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

SEC. 1851. ESTABLISHMENT OF COMMISSION ON THE PREVENTION OF WEAPONS OF 
                    MASS DESTRUCTION PROLIFERATION AND TERRORISM.

    There is established the Commission on the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism (in 
this subtitle referred to as the ``Commission'').

SEC. 1852. PURPOSES OF COMMISSION.

    (a) In General.--The purposes of the Commission are to--
            (1) assess current activities, initiatives, and 
        programs to prevent weapons of mass destruction 
        proliferation and terrorism; and
            (2) provide a clear and comprehensive strategy and 
        concrete recommendations for such activities, 
        initiatives, and programs.
    (b) In Particular.--The Commission shall give particular 
attention to activities, initiatives, and programs to secure 
all nuclear weapons-usable material around the world and to 
significantly accelerate, expand, and strengthen, on an urgent 
basis, United States and international efforts to prevent, 
stop, and counter the spread of nuclear weapons capabilities 
and related equipment, material, and technology to terrorists 
and states of concern.

SEC. 1853. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 9 
members, of whom--
            (1) 1 member shall be appointed by the leader of 
        the Senate of the Democratic Party (majority or 
        minority leader, as the case may be), with the 
        concurrence of the leader of the House of 
        Representatives of the Democratic party (majority or 
        minority leader as the case may be), who shall serve as 
        chairman of the Commission;
            (2) 2 members shall be appointed by the senior 
        member of the Senate leadership of the Democratic 
        party;
            (3) 2 members shall be appointed by the senior 
        member of the Senate leadership of the Republican 
        party;
            (4) 2 members shall be appointed by the senior 
        member of the leadership of the House of 
        Representatives of the Democratic party; and
            (5) 2 members shall be appointed by the senior 
        member of the leadership of the House of 
        Representatives of the Republican party.
    (b) Qualifications.--It is the sense of Congress that 
individuals appointed to the Commission should be prominent 
United States citizens, with significant depth of experience in 
the nonproliferation or arms control fields.
    (c) Deadline for Appointment.--All members of the 
Commission shall be appointed within 90 days of the date of the 
enactment of this Act.
    (d) Initial Meeting.--The Commission shall meet and begin 
the operations of the Commission as soon as practicable.
    (e) Quorum; Vacancies.--After its initial meeting, the 
Commission shall meet upon the call of the chairman or a 
majority of its members. Six members of the Commission shall 
constitute a quorum. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner in 
which the original appointment was made.

SEC. 1854. RESPONSIBILITIES OF COMMISSION.

    (a) In General.--The Commission shall address--
            (1) the roles, missions, and structure of all 
        relevant government departments, agencies, and other 
        actors, including the Office of the United States 
        Coordinator for the Prevention of Weapons of Mass 
        Destruction Proliferation and Terrorism established 
        under subtitle D of this title;
            (2) inter-agency coordination;
            (3) United States commitments to international 
        regimes and cooperation with other countries; and
            (4) the threat of weapons of mass destruction 
        proliferation and terrorism to the United States and 
        its interests and allies, including the threat posed by 
        black-market networks, and the effectiveness of the 
        responses by the United States and the international 
        community to such threats.
    (b) Follow-on Baker-Cutler Report.--The Commission shall 
also reassess, and where necessary update and expand on, the 
conclusions and recommendations of the report titled ``A Report 
Card on the Department of Energy's Nonproliferation Programs 
with Russia'' of January 2001 (also known as the ``Baker-Cutler 
Report'') and implementation of such recommendations.

SEC. 1855. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission or, on the 
authority of the Commission, any subcommittee or member 
thereof, may, for the purpose of carrying out this subtitle, 
hold such hearings and sit and act at such times and places, 
take such testimony, receive such evidence, and administer such 
oaths as the Commission or such designate subcommittee or 
designated member may determine advisable.
    (b) Contracting.--The Commission may, to such extent and in 
such amounts as are provided in appropriations Acts, enter into 
contracts to enable the Commission to discharge its duties 
under this subtitle.
    (c) Staff of Commission.--
            (1) Appointment and compensation.--The chairman of 
        the Commission, in accordance with rules agreed upon by 
        the Commission, may appoint and fix the compensation of 
        a staff director and such other personnel as may be 
        necessary to enable the Commission to carry out its 
        functions, without regard to the provisions of title 5, 
        United States Code, governing appointments in the 
        competitive service, and without regard to the 
        provisions of chapter 51 and subchapter III of chapter 
        53 of such title relating to classification and General 
        Schedule pay rates, except that no rate of pay fixed 
        under this subsection may exceed the equivalent of that 
        payable for a position at level V of the Executive 
        Schedule under section 5316 of title 5, United States 
        Code.
            (2) Personnel as federal employees.--
                    (A) In general.--The executive director and 
                any employees of the Commission shall be 
                employees under section 2105 of title 5, United 
                States Code, for purposes of chapters 63, 81, 
                83, 84, 85, 87, 89, and 90 of that title.
                    (B) Members of commission.--Subparagraph 
                (A) shall not be construed to apply to members 
                of the Commission.
            (3) Detailees.--Any Federal Government employee may 
        be detailed to the Commission without reimbursement 
        from the Commission, and such detailee shall retain the 
        rights, status, and privileges of his or her regular 
        employment without interruption.
            (4) Consultant services.--The Commission may 
        procure the services of experts and consultants in 
        accordance with section 3109 of title 5, United States 
        Code, but at rates not to exceed the daily rate paid a 
        person occupying a position at level IV of the 
        Executive Schedule under section 5315 of title 5, 
        United States Code.
            (5) Emphasis on security clearances.--Emphasis 
        shall be made to hire employees and retain contractors 
        and detailees with active security clearances.
    (d) Information From Federal Agencies.--
            (1) In general.--The Commission is authorized to 
        secure directly from any executive department, bureau, 
        agency, board, commission, office, independent 
        establishment, or instrumentality of the Government, 
        information, suggestions, estimates, and statistics for 
        the purposes of this subtitle. Each department, bureau, 
        agency, board, commission, office, independent 
        establishment, or instrumentality shall, to the extent 
        authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 
        Commission, upon request made by the chairman, the 
        chairman of any subcommittee created by a majority of 
        the Commission, or any member designated by a majority 
        of the Commission.
            (2) Receipt, handling, storage, and 
        dissemination.--Information shall only be received, 
        handled, stored, and disseminated by members of the 
        Commission and its staff consistent with all applicable 
        statutes, regulations, and Executive orders.
    (e) Assistance From Federal Agencies.--
            (1) General services administration.--The 
        Administrator of General Services shall provide to the 
        Commission on a reimbursable basis administrative 
        support and other services for the performance of the 
        Commission's functions.
            (2) Other departments and agencies.--In addition to 
        the assistance prescribed in paragraph (1), departments 
        and agencies of the United States may provide to the 
        Commission such services, funds, facilities, staff, and 
        other support services as they may determine advisable 
        and as may be authorized by law.
    (f) Gifts.--The Commission may accept, use, and dispose of 
gifts or donations of services or property.
    (g) Postal Services.--The Commission may use the United 
States mails in the same manner and under the same conditions 
as departments and agencies of the United States.

SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    (a) In General.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Commission.
    (b) Public Meetings and Release of Public Versions of 
Reports.--The Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate; and
            (2) release public versions of the report required 
        under section 1857.
    (c) Public Hearings.--Any public hearings of the Commission 
shall be conducted in a manner consistent with the protection 
of information provided to or developed for or by the 
Commission as required by any applicable statute, regulation, 
or Executive order.

SEC. 1857. REPORT.

    Not later than 180 days after the appointment of the 
Commission, the Commission shall submit to the President and 
Congress a final report containing such findings, conclusions, 
and recommendations for corrective measures as have been agreed 
to by a majority of Commission members.

SEC. 1858. TERMINATION.

    (a) In General.--The Commission, and all the authorities of 
this subtitle, shall terminate 60 days after the date on which 
the final report is submitted under section 1857.
    (b) Administrative Activities Before Termination.--The 
Commission may use the 60-day period referred to in subsection 
(a) for the purpose of concluding its activities, including 
providing testimony to committees of Congress concerning its 
report and disseminating the final report.

SEC. 1859. FUNDING.

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

   TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

SEC. 1901. PROMOTING ANTITERRORISM CAPABILITIES THROUGH INTERNATIONAL 
                    COOPERATION.

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

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

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the 
        Director selected under subsection (b)(2).
            ``(2) International cooperative activity.--The term 
        `international cooperative activity' includes--
                    ``(A) coordinated research projects, joint 
                research projects, or joint ventures;
                    ``(B) joint studies or technical 
                demonstrations;
                    ``(C) coordinated field exercises, 
                scientific seminars, conferences, symposia, and 
                workshops;
                    ``(D) training of scientists and engineers;
                    ``(E) visits and exchanges of scientists, 
                engineers, or other appropriate personnel;
                    ``(F) exchanges or sharing of scientific 
                and technological information; and
                    ``(G) joint use of laboratory facilities 
                and equipment.
    ``(b) Science and Technology Homeland Security 
International Cooperative Programs Office.--
            ``(1) Establishment.--The Under Secretary shall 
        establish the Science and Technology Homeland Security 
        International Cooperative Programs Office.
            ``(2) Director.--The Office shall be headed by a 
        Director, who--
                    ``(A) shall be selected, in consultation 
                with the Assistant Secretary for International 
                Affairs, by and shall report to the Under 
                Secretary; and
                    ``(B) may be an officer of the Department 
                serving in another position.
            ``(3) Responsibilities.--
                    ``(A) Development of mechanisms.--The 
                Director shall be responsible for developing, 
                in coordination with the Department of State 
                and, as appropriate, the Department of Defense, 
                the Department of Energy, and other Federal 
                agencies, understandings and agreements to 
                allow and to support international cooperative 
                activity in support of homeland security.
                    ``(B) Priorities.--The Director shall be 
                responsible for developing, in coordination 
                with the Office of International Affairs and 
                other Federal agencies, strategic priorities 
                for international cooperative activity for the 
                Department in support of homeland security.
                    ``(C) Activities.--The Director shall 
                facilitate the planning, development, and 
                implementation of international cooperative 
                activity to address the strategic priorities 
                developed under subparagraph (B) through 
                mechanisms the Under Secretary considers 
                appropriate, including grants, cooperative 
                agreements, or contracts to or with foreign 
                public or private entities, governmental 
                organizations, businesses (including small 
                businesses and socially and economically 
                disadvantaged small businesses (as those terms 
                are defined in sections 3 and 8 of the Small 
                Business Act (15 U.S.C. 632 and 637), 
                respectively)), federally funded research and 
                development centers, and universities.
                    ``(D) Identification of partners.--The 
                Director shall facilitate the matching of 
                United States entities engaged in homeland 
                security research with non-United States 
                entities engaged in homeland security research 
                so that they may partner in homeland security 
                research activities.
            ``(4) Coordination.--The Director shall ensure that 
        the activities under this subsection are coordinated 
        with the Office of International Affairs and the 
        Department of State and, as appropriate, the Department 
        of Defense, the Department of Energy, and other 
        relevant Federal agencies or interagency bodies. The 
        Director may enter into joint activities with other 
        Federal agencies.
    ``(c) Matching Funding.--
            ``(1) In general.--
                    ``(A) Equitability.--The Director shall 
                ensure that funding and resources expended in 
                international cooperative activity will be 
                equitably matched by the foreign partner 
                government or other entity through direct 
                funding, funding of complementary activities, 
                or the provision of staff, facilities, 
                material, or equipment.
                    ``(B) Grant matching and repayment.--
                            ``(i) In general.--The Secretary 
                        may require a recipient of a grant 
                        under this section--
                                    ``(I) to make a matching 
                                contribution of not more than 
                                50 percent of the total cost of 
                                the proposed project for which 
                                the grant is awarded; and
                                    ``(II) to repay to the 
                                Secretary the amount of the 
                                grant (or a portion thereof), 
                                interest on such amount at an 
                                appropriate rate, and such 
                                charges for administration of 
                                the grant as the Secretary 
                                determines appropriate.
                            ``(ii) Maximum amount.--The 
                        Secretary may not require that 
                        repayment under clause (i)(II) be more 
                        than 150 percent of the amount of the 
                        grant, adjusted for inflation on the 
                        basis of the Consumer Price Index.
            ``(2) Foreign partners.--Partners may include 
        Israel, the United Kingdom, Canada, Australia, 
        Singapore, and other allies in the global war on 
        terrorism as determined to be appropriate by the 
        Secretary of Homeland Security and the Secretary of 
        State.
            ``(3) Loans of equipment.--The Director may make or 
        accept loans of equipment for research and development 
        and comparative testing purposes.
    ``(d) Foreign Reimbursements.--If the Science and 
Technology Homeland Security International Cooperative Programs 
Office participates in an international cooperative activity 
with a foreign partner on a cost-sharing basis, any 
reimbursements or contributions received from that foreign 
partner to meet its share of the project may be credited to 
appropriate current appropriations accounts of the Directorate 
of Science and Technology.
    ``(e) Report to Congress on International Cooperative 
Activities.--Not later than one year after the date of 
enactment of this section, and every 5 years thereafter, the 
Under Secretary, acting through the Director, shall submit to 
Congress a report containing--
            ``(1) a brief description of each grant, 
        cooperative agreement, or contract made or entered into 
        under subsection (b)(3)(C), including the participants, 
        goals, and amount and sources of funding; and
            ``(2) a list of international cooperative 
        activities underway, including the participants, goals, 
        expected duration, and amount and sources of funding, 
        including resources provided to support the activities 
        in lieu of direct funding.
    ``(f) Animal and Zoonotic Diseases.--As part of the 
international cooperative activities authorized in this 
section, the Under Secretary, in coordination with the Chief 
Medical Officer, the Department of State, and appropriate 
officials of the Department of Agriculture, the Department of 
Defense, and the Department of Health and Human Services, may 
enter into cooperative activities with foreign countries, 
including African nations, to strengthen American preparedness 
against foreign animal and zoonotic diseases overseas that 
could harm the Nation's agricultural and public health sectors 
if they were to reach the United States.
    ``(g) Construction; Authorities of the Secretary of 
State.--Nothing in this section shall be construed to alter or 
affect the following provisions of law:
            ``(1) Title V of the Foreign Relations 
        Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656a et 
        seq.).
            ``(2) Section 112b(c) of title 1, United States 
        Code.
            ``(3) Section 1(e)(2) of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)).
            ``(4) Sections 2 and 27 of the Arms Export Control 
        Act (22 U.S.C. 2752 and 22 U.S.C. 2767).
            ``(5) Section 622(c) of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2382(c)).
    ``(h) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this section such 
sums as are necessary.''.
            (2) Technical and conforming amendment.--The table 
        of contents in section 1(b) of the Homeland Security 
        Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
        inserting after the item relating to section 316, as 
        added by section 1101 of this Act, the following:

``Sec. 317. Promoting antiterrorism through international cooperation 
          program.''.

SEC. 1902. TRANSPARENCY OF FUNDS.

    For each Federal award (as that term is defined in section 
2 of the Federal Funding Accountability and Transparency Act of 
2006 (31 U.S.C. 6101 note)) under this title or an amendment 
made by this title, the Director of the Office of Management 
and Budget shall ensure full and timely compliance with the 
requirements of the Federal Funding Accountability and 
Transparency Act of 2006 (31 U.S.C. 6101 note).

         TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

SEC. 2001. SHORT TITLE.

    This title may be cited as the ``9/11 Commission 
International Implementation Act of 2007''.

SEC. 2002. DEFINITION.

    In this title, except as otherwise provided, the term 
``appropriate congressional committees''--
            (1) means--
                    (A) the Committee on Foreign Affairs and 
                the Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and 
                the Committee on Appropriations of the Senate; 
                and
            (2) includes, for purposes of subtitle D, the 
        Committees on Armed Services of the House of 
        Representatives and of the Senate.

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

SEC. 2011. FINDINGS; POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) The report of the National Commission on 
        Terrorist Attacks Upon the United States stated that 
        ``[e]ducation that teaches tolerance, the dignity and 
        value of each individual, and respect for different 
        beliefs is a key element in any global strategy to 
        eliminate Islamist terrorism''.
            (2) The report of the National Commission on 
        Terrorist Attacks Upon the United States concluded that 
        ensuring educational opportunity is essential to the 
        efforts of the United States to defeat global terrorism 
        and recommended that the United States Government 
        ``should offer to join with other nations in generously 
        supporting [spending funds] . . . directly for building 
        and operating primary and secondary schools in those 
        Muslim states that commit to sensibly investing their 
        own money in public education''.
            (3) While Congress endorsed such a program in the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (Public Law 108-458), such a program has not been 
        established.
    (b) Policy.--It is the policy of the United States--
            (1) to work toward the goal of dramatically 
        increasing the availability of modern basic education 
        through public schools in predominantly Muslim 
        countries, which will reduce the influence of radical 
        madrassas and other institutions that promote religious 
        extremism;
            (2) to join with other countries in generously 
        supporting the International Muslim Youth Opportunity 
        Fund authorized under section 7114 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004, as amended 
        by section 2012 of this Act, with the goal of building 
        and supporting public primary and secondary schools in 
        predominantly Muslim countries that commit to sensibly 
        investing the resources of such countries in modern 
        public education;
            (3) to offer additional incentives to increase the 
        availability of modern basic education in predominantly 
        Muslim countries; and
            (4) to work to prevent financing of educational 
        institutions that support radical Islamic 
        fundamentalism.

SEC. 2012. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.

    Section 7114 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (22 U.S.C. 2228) is amended to read as 
follows:

``SEC. 7114. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.

    ``(a) Purpose.--The purpose of this section is to 
strengthen the public educational systems in predominantly 
Muslim countries by--
            ``(1) authorizing the establishment of an 
        International Muslim Youth Educational Fund through 
        which the United States dedicates resources, either 
        through a separate fund or through an international 
        organization, to assist those countries that commit to 
        education reform; and
            ``(2) providing resources for the Fund and to the 
        President to help strengthen the public educational 
        systems in those countries.
    ``(b) Establishment of Fund.--
            ``(1) Authority.--The President is authorized to 
        establish an International Muslim Youth Opportunity 
        Fund and to carry out programs consistent with 
        paragraph (4) under existing authorities, including the 
        Mutual Educational and Cultural Exchange Act of 1961 
        (commonly referred to as the `Fulbright-Hays Act').
            ``(2) Location.--The Fund may be established--
                    ``(A) as a separate fund in the Treasury; 
                or
                    ``(B) through an international organization 
                or international financial institution, such as 
                the United Nations Educational, Science and 
                Cultural Organization, the United Nations 
                Development Program, or the International Bank 
                for Reconstruction and Development.
            ``(3) Transfers and receipts.--The head of any 
        department, agency, or instrumentality of the United 
        States Government may transfer any amount to the Fund, 
        and the Fund may receive funds from private 
        enterprises, foreign countries, or other entities.
            ``(4) Activities of the fund.--The Fund shall 
        support programs described in this paragraph to improve 
        the education environment in predominantly Muslim 
        countries.
                    ``(A) Assistance to enhance modern 
                educational programs.--
                            ``(i) The establishment in 
                        predominantly Muslim countries of a 
                        program of reform to create a modern 
                        education curriculum in the public 
                        educational systems in such countries.
                            ``(ii) The establishment or 
                        modernization of educational materials 
                        to advance a modern educational 
                        curriculum in such systems.
                            ``(iii) Teaching English to adults 
                        and children.
                            ``(iv) The enhancement in 
                        predominantly Muslim countries of 
                        community, family, and student 
                        participation in the formulation and 
                        implementation of education strategies 
                        and programs in such countries.
                    ``(B) Assistance for training and exchange 
                programs for teachers, administrators, and 
                students.--
                            ``(i) The establishment of training 
                        programs for teachers and educational 
                        administrators to enhance skills, 
                        including the establishment of regional 
                        centers to train individuals who can 
                        transfer such skills upon return to 
                        their countries.
                            ``(ii) The establishment of 
                        exchange programs for teachers and 
                        administrators in predominantly Muslim 
                        countries and with other countries to 
                        stimulate additional ideas and reform 
                        throughout the world, including teacher 
                        training exchange programs focused on 
                        primary school teachers in such 
                        countries.
                            ``(iii) The establishment of 
                        exchange programs for primary and 
                        secondary students in predominantly 
                        Muslim countries and with other 
                        countries to foster understanding and 
                        tolerance and to stimulate long-
                        standing relationships.
                    ``(C) Assistance targeting primary and 
                secondary students.--
                            ``(i) The establishment in 
                        predominantly Muslim countries of 
                        after-school programs, civic education 
                        programs, and education programs 
                        focusing on life skills, such as 
                        interpersonal skills and social 
                        relations and skills for healthy 
                        living, such as nutrition and physical 
                        fitness.
                            ``(ii) The establishment in 
                        predominantly Muslim countries of 
                        programs to improve the proficiency of 
                        primary and secondary students in 
                        information technology skills.
                    ``(D) Assistance for development of youth 
                professionals.--
                            ``(i) The establishment of programs 
                        in predominantly Muslim countries to 
                        improve vocational training in trades 
                        to help strengthen participation of 
                        Muslims and Arabs in the economic 
                        development of their countries.
                            ``(ii) The establishment of 
                        programs in predominantly Muslim 
                        countries that target older Muslim 
                        youths not in school in such areas as 
                        entrepreneurial skills, accounting, 
                        micro-finance activities, work 
                        training, financial literacy, and 
                        information technology.
                    ``(E) Other types of assistance.--
                            ``(i) The translation of foreign 
                        books, newspapers, reference guides, 
                        and other reading materials into local 
                        languages.
                            ``(ii) The construction and 
                        equipping of modern community and 
                        university libraries.
            ``(5) Authorization of appropriations.--
                    ``(A) In general.--There is authorized to 
                be appropriated to the President to carry out 
                this section such sums as may be necessary for 
                fiscal years 2008, 2009, and 2010.
                    ``(B) Availability.--Amounts appropriated 
                pursuant to the authorization of appropriations 
                under subsection (a) are authorized to remain 
                available until expended.
                    ``(C) Additional funds.--Amounts authorized 
                to be appropriated under subsection (a) shall 
                be in addition to amounts otherwise available 
                for such purposes.
            ``(6) Report to congress.--Not later than 180 days 
        after the date of the enactment of this section and 
        annually thereafter until January 30, 2010, the 
        President shall submit to the appropriate congressional 
        committees a report on United States efforts to assist 
        in the improvement of educational opportunities for 
        predominantly Muslim children and youths, including the 
        progress made toward establishing the International 
        Muslim Youth Opportunity Fund.
            ``(7) Appropriate congressional committees 
        defined.--In this subsection, the term `appropriate 
        congressional committees' means the Committee on 
        Foreign Affairs and the Committee on Appropriations of 
        the House of Representatives and the Committee on 
        Foreign Relations and the Committee on Appropriations 
        of the Senate.''.

SEC. 2013. ANNUAL REPORT TO CONGRESS.

    (a) In General.--Not later than June 1 of each year until 
December 31, 2009, the Secretary of State shall submit to the 
appropriate congressional committees a report on the efforts of 
predominantly Muslim countries to increase the availability of 
modern basic education and to close educational institutions 
that promote religious extremism and terrorism.
    (b) Contents.--Each report shall include--
            (1) a list of predominantly Muslim countries that 
        are making serious and sustained efforts to improve the 
        availability of modern basic education and to close 
        educational institutions that promote religious 
        extremism and terrorism;
            (2) a list of such countries that are making 
        efforts to improve the availability of modern basic 
        education and to close educational institutions that 
        promote religious extremism and terrorism, but such 
        efforts are not serious and sustained;
            (3) a list of such countries that are not making 
        efforts to improve the availability of modern basic 
        education and to close educational institutions that 
        promote religious extremism and terrorism; and
            (4) an assessment for each country specified in 
        each of paragraphs (1), (2), and (3) of the role of 
        United States assistance with respect to the efforts 
        made or not made to improve the availability of modern 
        basic education and close educational institutions that 
        promote religious extremism and terrorism.

SEC. 2014. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED 
                    SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO 
                    PROVIDE SCHOLARSHIPS.

    (a) Findings.--Congress finds the following:
            (1) Section 7113 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (Public Law 108-458; 
        22 U.S.C. 2452 note) authorized the establishment of a 
        pilot program to provide grants to American-sponsored 
        schools in predominantly Muslim countries so that such 
        schools could provide scholarships to young people from 
        lower-income and middle-income families in such 
        countries to attend such schools, where they could 
        improve their English and be exposed to a modern 
        education.
            (2) Since the date of the enactment of that 
        section, the Middle East Partnership Initiative has 
        pursued implementation of that program.
    (b) Extension of Program.--
            (1) In general.--Section 7113 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 is 
        amended--
                    (A) in the section heading by striking 
                ``PILOT''; and
                    (B) in subsection (c)--
                            (i) in the subsection heading, by 
                        striking ``Pilot''; and
                            (ii) by striking ``pilot'';
                    (C) in subsection (d), by striking 
                ``pilot'' each place it appears;
                    (D) in subsection (f) by striking 
                ``pilot'';
                    (E) in subsection (g), in the first 
                sentence--
                            (i) by inserting ``and April 15, 
                        2008,'' after ``April 15, 2006,''; and
                            (ii) by striking ``pilot''; and
                    (F) in subsection (h)--
                            (i) by striking ``2005 and 2006'' 
                        and inserting ``2007 and 2008''; and
                            (ii) by striking ``pilot''.
            (2) Conforming amendment.--Section 1(b) of such Act 
        is amended, in the table of contents, by striking the 
        item relating to section 7113 and inserting after 
        section 7112 the following new item:

``7113. Program to provide grants to American-sponsored schools in 
          predominantly Muslim countries to provide scholarships.''.

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

SEC. 2021. MIDDLE EAST FOUNDATION.

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

         Subtitle C--Reaffirming United States Moral Leadership

SEC. 2031. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC DIPLOMACY.

    (a) Finding.--Congress finds that the report of the 
National Commission on Terrorist Attacks Upon the United States 
stated that, ``Recognizing that Arab and Muslim audiences rely 
on satellite television and radio, the government has begun 
some promising initiatives in television and radio broadcasting 
to the Arab world, Iran, and Afghanistan. These efforts are 
beginning to reach large audiences. The Broadcasting Board of 
Governors has asked for much larger resources. It should get 
them.''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States needs to improve its 
        communication of information and ideas to people in 
        foreign countries, particularly in countries with 
        significant Muslim populations; and
            (2) public diplomacy should reaffirm the paramount 
        commitment of the United States to democratic 
        principles, including preserving the civil liberties of 
        all the people of the United States, including Muslim-
        Americans.
    (c) Special Authority for Surge Capacity.--The United 
States International Broadcasting Act of 1994 (22 U.S.C. 6201 
et seq.) is amended by adding at the end the following new 
section:

``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.

    ``(a) Emergency Authority.--
            ``(1) In general.--Whenever the President 
        determines it to be important to the national interests 
        of the United States and so certifies to the 
        appropriate congressional committees, the President, on 
        such terms and conditions as the President may 
        determine, is authorized to direct any department, 
        agency, or other entity of the United States to furnish 
        the Broadcasting Board of Governors with such 
        assistance outside the United States as may be 
        necessary to provide international broadcasting 
        activities of the United States with a surge capacity 
        to support United States foreign policy objectives 
        during a crisis abroad.
            ``(2) Supersedes existing law.--The authority of 
        paragraph (1) shall supersede any other provision of 
        law.
            ``(3) Surge capacity defined.--In this subsection, 
        the term `surge capacity' means the financial and 
        technical resources necessary to carry out broadcasting 
        activities in a geographical area during a crisis 
        abroad.
            ``(4) Duration.--The President is authorized to 
        exercise the authority provided in subsection (a)(1) 
        for a period of up to six months, which may be renewed 
        for one additional six month period.
    ``(b) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be 
        appropriated to the President such sums as may be 
        necessary for the President to carry out this section, 
        except that no such amount may be appropriated which, 
        when added to amounts previously appropriated for such 
        purpose but not yet obligated, would cause such amounts 
        to exceed $25,000,000.
            ``(2) Availability of funds.--Amounts appropriated 
        pursuant to the authorization of appropriations in this 
        subsection are authorized to remain available until 
        expended.
            ``(3) Designation of appropriations.--Amounts 
        appropriated pursuant to the authorization of 
        appropriations in this subsection may be referred to as 
        the `United States International Broadcasting Surge 
        Capacity Fund'.
    ``(c) Report.--The annual report submitted to the President 
and Congress by the Broadcasting Board of Governors under 
section 305(a)(9) shall provide a detailed description of any 
activities carried out under this section.''.

SEC. 2032. OVERSIGHT OF INTERNATIONAL BROADCASTING.

    (a) Transcription of Persian and Arabic Language 
Broadcasts.--Not later than 90 days after the date of the 
enactment of this Act, the Broadcasting Board of Governors 
shall initiate a pilot project to transcribe into the English 
language news and information programming broadcast by Radio 
Farda, Radio Sawa, the Persian Service of the Voice of America, 
and Alhurra.
    (b) Random Sampling; Public Availability.--The 
transcription required under subsection (a) shall consist of a 
random sampling of such programming. The transcripts shall be 
available to Congress and the public on the Internet site of 
the Board.
    (c) Report.--Not later than May 1, 2008, the Chairman of 
the Broadcasting Board of Governors shall submit to the 
Committee on Foreign Affairs of the House of Representatives 
and Committee on Foreign Relations of the Senate a report on 
the feasibility and utility of continuing the pilot project 
required under subsection (a).
    (d) Authorization of Appropriations.--There is authorized 
to be appropriated to the ``International Broadcasting 
Operations'' account of the Broadcasting Board of Governors 
$2,000,000 for fiscal year 2008 to carry out the pilot project 
required under subsection (a).

SEC. 2033. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, AND 
                    LIBRARY PROGRAMS IN PREDOMINANTLY MUSLIM COUNTRIES.

    (a) Report; Certification.--Not later than 30 days after 
the date of the enactment of this Act and every 180 days 
thereafter until December 31, 2009, the Secretary of State 
shall submit to the appropriate congressional committees a 
report on the recommendations of the National Commission on 
Terrorist Attacks Upon the United States and the policy goals 
described in section 7112 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) for 
expanding United States scholarship, exchange, and library 
programs in predominantly Muslim countries. Such report shall 
include--
            (1) a certification by the Secretary of State that 
        such recommendations have been implemented; or
            (2) if the Secretary of State is unable to make the 
        certification described in paragraph (1), a description 
        of--
                    (A) the steps taken to implement such 
                recommendations and achieve such policy goals;
                    (B) when the Secretary of State expects 
                such recommendations to be implemented and such 
                policy goals to be achieved; and
                    (C) any allocation of resources or other 
                actions by Congress the Secretary of State 
                considers necessary to implement such 
                recommendations and achieve such policy goals.
    (b) Termination of Duty to Report.--The duty to submit a 
report under subsection (a) shall terminate when the Secretary 
of State submits a certification pursuant to paragraph (1) of 
such subsection.

SEC. 2034. UNITED STATES POLICY TOWARD DETAINEES.

    (a) Findings.--Congress finds the following:
            (1) The National Commission on Terrorist Attacks 
        Upon the United States (commonly referred to as the 
        ``9/11 Commission'') declared that the United States 
        ``should work with friends to develop mutually agreed-
        on principles for the detention and humane treatment of 
        captured international terrorists who are not being 
        held under a particular country's criminal laws'' and 
        recommended that the United States engage its allies 
        ``to develop a common coalition approach toward the 
        detention and humane treatment of captured 
        terrorists''.
            (2) A number of investigations remain ongoing by 
        countries that are close United States allies in the 
        war on terrorism regarding the conduct of officials, 
        employees, and agents of the United States and of other 
        countries related to conduct regarding detainees.
            (3) The Secretary of State has launched an 
        initiative to try to address the differences between 
        the United States and many of its allies regarding the 
        treatment of detainees.
    (b) Sense of Congress.--It is the sense of Congress that 
the Secretary, acting through the Legal Adviser of the 
Department of State, should continue to build on the 
Secretary's efforts to engage United States allies to develop a 
common coalition approach, in compliance with Common Article 3 
of the Geneva Conventions and other applicable legal 
principles, toward the detention and humane treatment of 
individuals detained during Operation Iraqi Freedom, Operation 
Enduring Freedom, or in connection with United States 
counterterrorist operations.
    (c) Reporting to Congress.--
            (1) Briefings.--The Secretary of State shall keep 
        the appropriate congressional committees fully and 
        currently informed of the progress of any discussions 
        between the United States and its allies regarding the 
        development of the common coalition approach described 
        in subsection (b).
            (2) Report.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of State, 
        in consultation with the Attorney General and the 
        Secretary of Defense, shall submit to the appropriate 
        congressional committees a report on any progress 
        towards developing the common coalition approach 
        described in subsection (b).
    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) with respect to the House of Representatives, 
        the Committee on Foreign Affairs, the Committee on 
        Armed Services, the Committee on the Judiciary, and the 
        Permanent Select Committee on Intelligence; and
            (2) with respect to the Senate, the Committee on 
        Foreign Relations, the Committee on Armed Services, the 
        Committee on the Judiciary, and the Select Committee on 
        Intelligence.

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

SEC. 2041. AFGHANISTAN.

    (a) Congressional Findings.--Congress finds the following:
            (1) A democratic, stable, and prosperous 
        Afghanistan is vital to the national security of the 
        United States and to combating international terrorism.
            (2) Following the ouster of the Taliban regime in 
        2001, the Government of Afghanistan, with assistance 
        from the United States and the international community, 
        has achieved some notable successes, including--
                    (A) adopting a constitution;
                    (B) holding presidential, parliamentary, 
                and provincial council elections;
                    (C) improving the protection of human 
                rights, including women's rights; and
                    (D) expanding educational opportunities.
            (3) The following factors pose a serious and 
        immediate threat to the stability of Afghanistan:
                    (A) Taliban and anti-government forces, al 
                Qaeda, and criminal networks.
                    (B) Drug trafficking and corruption.
                    (C) Weak institutions of administration, 
                security, and justice, including pervasive lack 
                of the rule of law.
                    (D) Poverty, unemployment, and lack of 
                provision of basic services.
            (4) The United States and the international 
        community must significantly increase political, 
        economic, and military support to Afghanistan to ensure 
        its long-term stability and prosperity, and to deny 
        violent extremist groups such as al Qaeda sanctuary in 
        Afghanistan.
    (b) Statements of Policy.--The following shall be the 
policies of the United States:
            (1) The United States shall vigorously support the 
        people and Government of Afghanistan as they continue 
        to commit to the path toward a government representing 
        and protecting the rights of all Afghans, and shall 
        maintain its long-term commitment to the people of 
        Afghanistan by increased assistance and the continued 
        deployment of United States troops in Afghanistan as 
        long as the Government of Afghanistan supports such 
        United States involvement.
            (2) In order to reduce the ability of the Taliban 
        and al Qaeda to finance their operations through the 
        opium trade, the President shall engage aggressively 
        with the Government of Afghanistan, countries in the 
        region or otherwise influenced by the trade and transit 
        of narcotics, as well as North Atlantic Treaty 
        Organization (NATO) partners of the United States, and 
        in consultation with Congress, to assess the success of 
        the current Afghan counter-narcotics strategy and to 
        explore additional options for addressing the narcotics 
        crisis in Afghanistan, including possible changes in 
        rules of engagement for NATO and Coalition forces for 
        participation in actions against narcotics trafficking 
        and kingpins, and the provision of comprehensive 
        assistance to farmers who rely on opium for their 
        livelihood, including through the promotion of 
        alternative crops and livelihoods.
            (3) The United States shall continue to work with 
        and provide assistance to the Government of Afghanistan 
        to strengthen local and national government 
        institutions and the rule of law, including the 
        training of judges and prosecutors, and to train and 
        equip the Afghan National Security Forces.
            (4) The United States shall continue to call on 
        NATO members participating in operations in Afghanistan 
        to meet their commitments to provide forces and 
        equipment, and to lift restrictions on how such forces 
        can be deployed.
            (5) The United States shall continue to foster 
        greater understanding and cooperation between the 
        Governments of Afghanistan and Pakistan by taking the 
        following actions:
                    (A) Facilitating greater communication, 
                including through official mechanisms such as 
                the Tripartite Commission and the Joint 
                Intelligence Operations Center, and by 
                promoting other forms of exchange between the 
                parliaments and civil society of the two 
                countries.
                    (B) Urging the Government of Afghanistan to 
                enter into a political dialogue with Pakistan 
                with respect to all issues relating to the 
                border between the two countries, with the aim 
                of establishing a mutually-recognized and 
                monitored border, open to human and economic 
                exchange, and with both countries fully 
                responsible for border security.
    (c) Statement of Congress.--Congress strongly urges that 
the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et 
seq.) be reauthorized and updated to take into account new 
developments in Afghanistan and in the region so as to 
demonstrate the continued support by the United States for the 
people and Government of Afghanistan.
    (d) Emergency Increase in Effective Police Training and 
Policing Operations.--
            (1) Congressional finding.--Congress finds that 
        police training programs in Afghanistan have achieved 
        far less return on substantial investment to date and 
        require a substantive review and justification of the 
        means and purposes of such assistance, consequent to 
        any provision of additional resources.
            (2) Assistance authorized.--The President shall 
        make increased efforts, on an urgent basis, to--
                    (A) dramatically improve the capability and 
                effectiveness of United States and 
                international police trainers, mentors, and 
                police personnel for police training programs 
                in Afghanistan, as well as develop a 
                pretraining screening program;
                    (B) increase the numbers of such trainers, 
                mentors, and personnel only if such increase is 
                determined to improve the performance and 
                capabilities of the Afghanistan civil security 
                forces; and
                    (C) assist the Government of Afghanistan, 
                in conjunction with the Afghanistan civil 
                security forces and their leadership, in 
                addressing the corruption crisis that is 
                threatening to undermine Afghanistan's future.
            (3) Report.--Not later than 180 days after the date 
        of the enactment of this Act, and every six months 
        thereafter until September 30, 2010, the President 
        shall transmit to the appropriate congressional 
        committees a report on United States efforts to fulfill 
        the requirements of this subsection. The report 
        required by this paragraph may be transmitted 
        concurrently with any similar report required by the 
        Afghanistan Freedom Support Act of 2002.

SEC. 2042. PAKISTAN.

    (a) Congressional Findings.--Congress finds the following:
            (1) A democratic, stable, and prosperous Pakistan 
        that is a full and reliable partner in the struggle 
        against the Taliban, al Qaeda, and other terrorist 
        groups, and is a responsible steward of its nuclear 
        weapons and technology, is vital to the national 
        security of the United States.
            (2) Since September 11, 2001, the Government of 
        Pakistan has been a critical ally and an important 
        partner in removing the Taliban regime in Afghanistan 
        and combating al Qaeda.
            (3) Pakistan has made great sacrifices in the 
        shared struggle against al Qaeda-affiliated terrorist 
        groups, engaging in military operations that have led 
        to the deaths of hundreds of Pakistani security 
        personnel and enduring acts of terrorism that have 
        killed hundreds of Pakistani civilians.
            (4) Publicly-stated goals of the Government of 
        Pakistan and the national interests of the United 
        States are in close agreement in many areas, 
        including--
                    (A) curbing the proliferation of nuclear 
                weapons technology;
                    (B) combating poverty and corruption;
                    (C) enabling effective government 
                institutions, including public education;
                    (D) promoting democracy and the rule of 
                law, particularly at the national level;
                    (E) addressing the continued presence of 
                Taliban and other violent extremist forces 
                throughout the country;
                    (F) maintaining the authority of the 
                Government of Pakistan in all parts of its 
                national territory;
                    (G) securing the borders of Pakistan to 
                prevent the movement of militants and 
                terrorists into other countries and 
                territories; and
                    (H) effectively dealing with violent 
                extremism.
            (5) The opportunity exists for shared effort in 
        helping to achieve correlative goals with the 
        Government of Pakistan, particularly--
                    (A) increased United States assistance to 
                Pakistan, as appropriate, to achieve progress 
                in meeting the goals of subparagraphs (A) 
                through (C) of paragraph (4);
                    (B) increased commitment on the part of the 
                Government of Pakistan to achieve the goals of 
                paragraph (4)(D), particularly given continued 
                concerns, based on the conduct of previous 
                elections, regarding whether parliamentary 
                elections scheduled for 2007 will be free, 
                fair, and inclusive of all political parties 
                and carried out in full accordance with 
                internationally-recognized democratic norms; 
                and
                    (C) increased commitment on the part of the 
                Government of Pakistan to take actions 
                described in paragraph (4)(E), particularly 
                given--
                            (i) the continued operation of the 
                        Taliban's Quetta shura, as noted by 
                        then-North Atlantic Treaty Organization 
                        Supreme Allied Commander General James 
                        Jones in testimony before the Senate 
                        Foreign Relations Committee on 
                        September 21, 2006; and
                            (ii) the continued operation of al 
                        Qaeda affiliates Lashkar-e Taiba and 
                        Jaish-e Muhammad, sometimes under 
                        different names, as demonstrated by the 
                        lack of meaningful action taken against 
                        Hafiz Muhammad Saeed, Maulana Masood 
                        Azhar, and other known leaders and 
                        members of such terrorist 
                        organizations; and
                    (D) increased commitment on the part of the 
                Government of the United States in regard to 
                working with all elements of Pakistan society 
                in helping to achieve the correlative goals 
                described in subparagraphs (A) through (H) of 
                paragraph (4).
    (b) Statements of Policy.--The following shall be the 
policy of the United States:
            (1) To maintain and deepen its friendship and long-
        term strategic relationship with Pakistan.
            (2) To work with the Government of Pakistan to 
        combat international terrorism, especially in the 
        frontier provinces of Pakistan, and to end the use of 
        Pakistan as a safe haven for terrorist groups, 
        including those associated with al Qaeda or the 
        Taliban.
            (3) To support robust funding for programs of the 
        United States Agency for International Development and 
        the Department of State that assist the Government of 
        Pakistan in working toward the goals described in 
        subsection (a)(4), as the Government of Pakistan 
        demonstrates a clear commitment to building a moderate, 
        democratic state.
            (4) To work with the international community to 
        secure additional financial and political support to 
        effectively implement the policies set forth in this 
        subsection.
            (5) To facilitate a just resolution of the dispute 
        over the territory of Kashmir, to the extent that such 
        facilitation is invited and welcomed by the Governments 
        of Pakistan and India and by the people of Kashmir.
            (6) To facilitate greater communication and 
        cooperation between the Governments of Afghanistan and 
        Pakistan for the improvement of bilateral relations and 
        cooperation in combating terrorism in both countries.
            (7) To work with the Government of Pakistan to 
        dismantle existing proliferation networks and prevent 
        the proliferation of nuclear technology.
    (c) Strategy Relating to Pakistan.--
            (1) Requirement for report on strategy.--Not later 
        than 90 days after the date of the enactment of this 
        Act, the President shall transmit to the appropriate 
        congressional committees a report that describes the 
        long-term strategy of the United States to engage with 
        the Government of Pakistan to achieve the goals 
        described in subparagraphs (A) through (H) of 
        subsection (a)(4) and to carry out the policies 
        described in subsection (b).
            (2) Form.--The report required by paragraph (1) 
        shall be transmitted in unclassified form, but may 
        include a classified annex, if necessary.
    (d) Limitation on United States Security Assistance to 
Pakistan.--
            (1) Limitation.--For fiscal year 2008, United 
        States assistance under chapter 2 of part II of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.) 
        or section 23 of the Arms Export Control Act (22 U.S.C. 
        2763) may not be provided to, and a license for any 
        item controlled under the Arms Export Control Act (22 
        U.S.C. 2751 et seq.) may not be approved for, Pakistan 
        until the President transmits to the appropriate 
        congressional committees a report that contains a 
        determination of the President that the Government of 
        Pakistan--
                    (A) is committed to eliminating from 
                Pakistani territory any organization such as 
                the Taliban, al Qaeda, or any successor, 
                engaged in military, insurgent, or terrorist 
                activities in Afghanistan;
                    (B) is undertaking a comprehensive 
                military, legal, economic, and political 
                campaign to achieving the goal described in 
                subparagraph (A); and
                    (C) is currently making demonstrated, 
                significant, and sustained progress toward 
                eliminating support or safe haven for 
                terrorists.
            (2) Memorandum of justification.--The President 
        shall include in the report required by paragraph (1) a 
        memorandum of justification setting forth the basis for 
        the President's determination under paragraph (1).
            (3) Form.--The report required by paragraph (1) and 
        the memorandum of justification required by paragraph 
        (2) shall be transmitted in unclassified form, but may 
        include a classified annex, if necessary.
    (e) Nuclear Proliferation.--
            (1) Congressional finding.--Congress finds that the 
        maintenance by any country of a procurement or supply 
        network for the illicit proliferation of nuclear and 
        missile technologies would be inconsistent with that 
        country being considered an ally of the United States.
            (2) Sense of congress.--It is the sense of Congress 
        that the national security interest of the United 
        States will best be served if the United States 
        develops and implements a long-term strategy to improve 
        the United States relationship with Pakistan and works 
        with the Government of Pakistan to stop nuclear 
        proliferation.
    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be 
        appropriated to the President such sums as may be 
        necessary to provide assistance described in subsection 
        (d)(1) for Pakistan for fiscal year 2008 in accordance 
        with the requirements of subsection (d)(1).
            (2) Other funds.--Amounts authorized to be 
        appropriated under this subsection are in addition to 
        amounts otherwise available for such purposes.
            (3) Declaration of policy.--Congress declares that 
        the amount of funds appropriated pursuant to the 
        authorization of appropriations under paragraph (1) and 
        for subsequent fiscal years shall be determined by the 
        extent to which the Government of Pakistan displays 
        demonstrable progress in--
                    (A) preventing al Qaeda and other terrorist 
                organizations from operating in the territory 
                of Pakistan, including eliminating terrorist 
                training camps or facilities, arresting members 
                and leaders of terrorist organizations, and 
                countering recruitment efforts;
                    (B) preventing the Taliban from using the 
                territory of Pakistan as a sanctuary from which 
                to launch attacks within Afghanistan, including 
                by arresting Taliban leaders, stopping cross-
                border incursions, and countering recruitment 
                efforts; and
                    (C) implementing democratic reforms, 
                including allowing free, fair, and inclusive 
                elections at all levels of government in 
                accordance with internationally-recognized 
                democratic norms, and respecting the 
                independence of the press and judiciary.
            (4) Biannual reports to congress.--
                    (A) In general.--The Secretary of State 
                shall submit to the appropriate congressional 
                committees a biannual report describing in 
                detail the extent to which the Government of 
                Pakistan has displayed demonstrable progress in 
                meeting the goals described in subparagraphs 
                (A) through (C) of paragraph (3).
                    (B) Schedule for submission.--The report 
                required by subparagraph (A) shall be submitted 
                not later than April 15 and October 15 of each 
                year until October 15, 2009.
                    (C) Form.--The report required by 
                subparagraph (A) shall be submitted in 
                unclassified form, but may include a classified 
                annex, if necessary.
    (g) Extension of Waivers.--
            (1) Amendments.--The Act entitled ``An Act to 
        authorize the President to exercise waivers of foreign 
        assistance restrictions with respect to Pakistan 
        through September 30, 2003, and for other purposes'', 
        approved October 27, 2001 (Public Law 107-57; 115 Stat. 
        403), is amended--
                    (A) in section 1(b)--
                            (i) in the heading, to read as 
                        follows:
    ``(b) Fiscal Years 2007 and 2008--''; and
                            (ii) in paragraph (1), by striking 
                        ``any provision'' and all that follows 
                        through ``that prohibits'' and 
                        inserting ``any provision of an Act 
                        making appropriations for foreign 
                        operations, export financing, and 
                        related programs appropriations for 
                        fiscal year 2007 or 2008 (or any other 
                        appropriations Act) that prohibits'';
                    (B) in section 3(2), by striking ``Such 
                provision'' and all that follows through ``as 
                are'' and inserting ``Such provision of an Act 
                making appropriations for foreign operations, 
                export financing, and related programs 
                appropriations for fiscal years 2002 through 
                2008 (or any other appropriations Act) as 
                are''; and
                    (C) in section 6, by striking ``the 
                provisions'' and all that follows and inserting 
                ``the provisions of this Act shall terminate on 
                October 1, 2008.''.
            (2) Effective date.--The amendments made by 
        paragraph (1) take effect on October 1, 2006.
            (3) Sense of congress.--It is the sense of Congress 
        that determinations to provide extensions of waivers of 
        foreign assistance prohibitions with respect to 
        Pakistan pursuant to Public Law 107-57 for fiscal years 
        after the fiscal years specified in the amendments made 
        by paragraph (1) to Public Law 107-57 should be 
        informed by demonstrable progress in achieving the 
        goals described in subparagraphs (A) through (C) of 
        subsection (f)(3).

SEC. 2043. SAUDI ARABIA.

    (a) Congressional Findings.--Congress finds that:
            (1) The National Commission on Terrorist Attacks 
        Upon the United States concluded that the Kingdom of 
        Saudi Arabia has ``been a problematic ally in combating 
        Islamic extremism. At the level of high policy, Saudi 
        Arabia's leaders cooperated with American diplomatic 
        initiatives aimed at the Taliban or Pakistan before 9/
        11. At the same time, Saudi Arabia's society was a 
        place where al Qaeda raised money directly from 
        individuals and through charities. It was the society 
        that produced 15 of the 19 hijackers.''.
            (2) Saudi Arabia has an uneven record in the fight 
        against terrorism, especially with respect to terrorist 
        financing, support for radical madrassas, a lack of 
        political outlets for its citizens, and restrictions on 
        religious pluralism, that poses a threat to the 
        security of the United States, the international 
        community, and Saudi Arabia itself.
            (3) The National Commission on Terrorist Attacks 
        Upon the United States concluded that the ``problems in 
        the U.S.-Saudi relationship must be confronted, 
        openly''. It recommended that the two countries build a 
        relationship that includes a ``shared commitment to 
        political and economic reform . . . and a shared 
        interest in greater tolerance and cultural respect, 
        translating into a commitment to fight the violent 
        extremists who foment hatred''.
            (4) The United States has a national security 
        interest in working with the Government of Saudi Arabia 
        to combat international terrorists that operate within 
        that country or that operate outside Saudi Arabia with 
        the support of citizens of Saudi Arabia.
            (5) The United States and Saudi Arabia established 
        a Strategic Dialogue in 2005, which provides a 
        framework for the two countries to discuss a range of 
        bilateral issues at high levels, including 
        counterterrorism policy and political and economic 
        reforms.
            (6) It is in the national security interest of the 
        United States to support the Government of Saudi Arabia 
        in undertaking a number of political and economic 
        reforms, including increasing anti-terrorism operations 
        conducted by law enforcement agencies, providing more 
        political and religious rights to its citizens, 
        increasing the rights of women, engaging in 
        comprehensive educational reform, enhancing monitoring 
        of charitable organizations, and promulgating and 
        enforcing domestic laws and regulation on terrorist 
        financing.
    (b) Statement of Policy.--It is the policy of the United 
States--
            (1) to engage with the Government of Saudi Arabia 
        to openly confront the issue of terrorism, as well as 
        other problematic issues such as the lack of political 
        freedoms;
            (2) to enhance counterterrorism cooperation with 
        the Government of Saudi Arabia; and
            (3) to support the efforts of the Government of 
        Saudi Arabia to make political, economic, and social 
        reforms, including greater religious freedom, 
        throughout the country.
    (c) Progress in Counterterrorism and Other Cooperation.--
            (1) Report.--Not later than 180 days after the date 
        of the enactment of this Act, the President shall 
        transmit to the appropriate congressional committees a 
        report that--
                    (A) describes the long-term strategy of the 
                United States--
                            (i) to engage with the Government 
                        of Saudi Arabia to facilitate 
                        political, economic, and social 
                        reforms, including greater religious 
                        freedom, that will enhance the ability 
                        of the Government of Saudi Arabia to 
                        combat international terrorism; and
                            (ii) to work with the Government of 
                        Saudi Arabia to combat terrorism, 
                        including through effective measures to 
                        prevent and prohibit the financing of 
                        terrorists by Saudi institutions and 
                        citizens; and
                    (B) provides an assessment of the progress 
                made by Saudi Arabia since 2001 on the matters 
                described in subparagraph (A), including--
                            (i) whether Saudi Arabia has become 
                        a party to the International Convention 
                        for the Suppression of the Financing of 
                        Terrorism; and
                            (ii) the activities and authority 
                        of the Saudi Nongovernmental National 
                        Commission for Relief and Charity Work 
                        Abroad.
            (2) Form.--The report required by paragraph (1) 
        shall be transmitted in unclassified form, but may 
        include a classified annex, if necessary.

                 TITLE XXI--ADVANCING DEMOCRATIC VALUES

SEC. 2101. SHORT TITLE.

    This title may be cited as the ``Advance Democratic Values, 
Address Nondemocratic Countries, and Enhance Democracy Act of 
2007'' or the ``ADVANCE Democracy Act of 2007''.

SEC. 2102. FINDINGS.

    Congress finds the following:
            (1) The United States Declaration of Independence, 
        the United States Constitution, and the United Nations 
        Universal Declaration of Human Rights declare that all 
        human beings are created equal and possess certain 
        rights and freedoms, including the fundamental right to 
        participate in the political life and government of 
        their respective countries.
            (2) The development of democracy constitutes a 
        long-term challenge that goes through unique phases and 
        paces in individual countries as such countries develop 
        democratic institutions such as a thriving civil 
        society, a free media, and an independent judiciary, 
        and must be led from within such countries, including 
        by nongovernmental and governmental reformers.
            (3) Individuals, nongovernmental organizations, and 
        movements that support democratic principles, 
        practices, and values are under increasing pressure 
        from some governments of nondemocratic countries (as 
        well as, in some cases, from governments of democratic 
        transition countries), including by using 
        administrative and regulatory mechanisms to undermine 
        the activities of such individuals, organizations, and 
        movements.
            (4) Democratic countries have a number of 
        instruments available for supporting democratic 
        reformers who are committed to promoting effective, 
        nonviolent change in nondemocratic countries and who 
        are committed to keeping their countries on the path to 
        democracy.
            (5) United States efforts to promote democracy and 
        protect human rights can be strengthened to improve 
        assistance for such reformers, including through an 
        enhanced role for United States diplomats when properly 
        trained and given the right incentives.
            (6) The promotion of democracy requires a broad-
        based effort with cooperation between all democratic 
        countries, including through the Community of 
        Democracies.

SEC. 2103. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to promote freedom and democracy in foreign 
        countries as a fundamental component of United States 
        foreign policy, along with other key foreign policy 
        goals;
            (2) to affirm fundamental freedoms and 
        internationally recognized human rights in foreign 
        countries, as reflected in the Universal Declaration of 
        Human Rights and the International Covenant on Civil 
        and Political Rights, and to condemn offenses against 
        those freedoms and rights as a fundamental component of 
        United States foreign policy, along with other key 
        foreign policy goals;
            (3) to protect and promote such fundamental 
        freedoms and rights, including the freedoms of 
        association, of expression, of the press, and of 
        religion, and the right to own private property;
            (4) to commit to the long-term challenge of 
        promoting universal democracy by promoting democratic 
        institutions, including institutions that support the 
        rule of law (such as an independent judiciary), an 
        independent and professional media, strong 
        legislatures, a thriving civil society, transparent and 
        professional independent governmental auditing 
        agencies, civilian control of the military, and 
        institutions that promote the rights of minorities and 
        women;
            (5) to use instruments of United States influence 
        to support, promote, and strengthen democratic 
        principles, practices, and values, including the right 
        to free, fair, and open elections, secret balloting, 
        and universal suffrage, including by--
                    (A) providing appropriate support to 
                individuals, nongovernmental organizations, and 
                movements located in nondemocratic countries 
                that aspire to live in freedom and establish 
                full democracy in such countries; and
                    (B) providing political, economic, and 
                other support to foreign countries and 
                individuals, nongovernmental organizations, and 
                movements that are willingly undertaking a 
                transition to democracy; and
            (6) to strengthen cooperation with other democratic 
        countries in order to better promote and defend shared 
        values and ideals.

SEC. 2104. DEFINITIONS.

    In this title:
            (1) Annual report on advancing freedom and 
        democracy.--The term ``Annual Report on Advancing 
        Freedom and Democracy'' refers to the annual report 
        submitted to Congress by the Department of State 
        pursuant to section 665(c) of the Foreign Relations 
        Authorization Act, Fiscal Year 2003 (Public Law 107-
        228; 22 U.S.C. 2151n note), in which the Department 
        reports on actions taken by the United States 
        Government to encourage respect for human rights and 
        democracy.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate.
            (3) Assistant secretary.--The term ``Assistant 
        Secretary'' means the Assistant Secretary of State for 
        Democracy, Human Rights, and Labor.
            (4) Community of democracies and community.--The 
        terms ``Community of Democracies'' and ``Community'' 
        mean the association of democratic countries committed 
        to the global promotion of democratic principles, 
        practices, and values, which held its First Ministerial 
        Conference in Warsaw, Poland, in June 2000.
            (5) Department.--The term ``Department'' means the 
        Department of State.
            (6) Nondemocratic country or democratic transition 
        country.--The term ``nondemocratic country'' or 
        ``democratic transition country'' shall include any 
        country which is not governed by a fully functioning 
        democratic form of government, as determined by the 
        Secretary, taking into account the general consensus 
        regarding the status of civil and political rights in a 
        country by major nongovernmental organizations that 
        conduct assessments of such conditions in countries and 
        whether the country exhibits the following 
        characteristics:
                    (A) All citizens of such country have the 
                right to, and are not restricted in practice 
                from, fully and freely participating in the 
                political life of such country.
                    (B) The national legislative body of such 
                country and, if directly elected, the head of 
                government of such country, are chosen by free, 
                fair, open, and periodic elections, by 
                universal and equal suffrage, and by secret 
                ballot.
                    (C) More than one political party in such 
                country has candidates who seek elected office 
                at the national level and such parties are not 
                restricted in their political activities or 
                their process for selecting such candidates, 
                except for reasonable administrative 
                requirements commonly applied in countries 
                categorized as fully democratic.
                    (D) All citizens in such country have a 
                right to, and are not restricted in practice 
                from, fully exercising such fundamental 
                freedoms as the freedom of expression, 
                conscience, and peaceful assembly and 
                association, and such country has a free, 
                independent, and pluralistic media.
                    (E) The current government of such country 
                did not come to power in a manner contrary to 
                the rule of law.
                    (F) Such country possesses an independent 
                judiciary and the government of such country 
                generally respects the rule of law.
                    (G) Such country does not violate other 
                core principles enshrined in the United Nations 
                Charter, the Universal Declaration of Human 
                Rights, the International Covenant on Civil and 
                Political Rights, United Nations Commission on 
                Human Rights Resolution 1499/57 (entitled 
                ``Promotion of the Right to Democracy''), and 
                the United Nations General Assembly Resolution 
                55/96 (entitled ``Promoting and consolidating 
                democracy'').
                    (H) As applicable, whether the country has 
                scored favorably on the political, civil 
                liberties, corruption, and rule of law 
                indicators used to determine eligibility for 
                financial assistance disbursed from the 
                Millennium Challenge Account.
            (7) Secretary.--The term ``Secretary'' means the 
        Secretary of State.

      Subtitle A--Activities to Enhance the Promotion of Democracy

SEC. 2111. DEMOCRACY PROMOTION AT THE DEPARTMENT OF STATE.

    (a) Democracy Liaison Officers.--
            (1) In general.--The Secretary of State shall 
        establish and staff Democracy Liaison Officer 
        positions. Democracy Liaison Officers shall serve under 
        the supervision of the Assistant Secretary. Democracy 
        Liaison Officers may be assigned to the following 
        posts:
                    (A) United States missions to, or liaisons 
                with, regional and multilateral organizations, 
                including the United States missions to the 
                European Union, African Union, Organization of 
                American States, and any other appropriate 
                regional organization, the Organization for 
                Security and Cooperation in Europe, the United 
                Nations and its relevant specialized agencies, 
                and the North Atlantic Treaty Organization.
                    (B) Regional public diplomacy centers of 
                the Department of State.
                    (C) United States combatant commands.
                    (D) Other posts as designated by the 
                Secretary.
            (2) Responsibilities.--Each Democracy Liaison 
        Officer should--
                    (A) provide expertise on effective 
                approaches to promote and build democracy;
                    (B) assist in formulating and implementing 
                strategies for transitions to democracy; and
                    (C) carry out such other responsibilities 
                as the Secretary or the Assistant Secretary may 
                assign.
            (3) New positions.--To the fullest extent 
        practicable, taking into consideration amounts 
        appropriated to carry out this subsection and personnel 
        available for assignment to the positions described in 
        paragraph (1), the Democracy Liaison Officer positions 
        established under subsection (a) shall be new positions 
        that are in addition to existing positions with 
        responsibility for other human rights and democracy 
        related issues and programs, including positions with 
        responsibility for labor issues.
            (4) Relationship to other authorities.--Nothing in 
        this subsection may be construed as altering any 
        authority or responsibility of a chief of mission or 
        other employee of a diplomatic mission of the United 
        States provided under any other provision of law, 
        including any authority or responsibility for the 
        development or implementation of strategies to promote 
        democracy.
    (b) Office Related to Democratic Movements and 
Transitions.--
            (1) Establishment.--There shall be identified 
        within the Bureau of Democracy, Human Rights, and Labor 
        of the Department at least one office that shall be 
        responsible for working with democratic movements and 
        facilitating the transition to full democracy of 
        nondemocratic countries and democratic transition 
        countries.
            (2) Responsibilities.--The Assistant Secretary 
        shall, including by acting through the office or 
        offices identified pursuant to paragraph (1)--
                    (A) provide support for Democratic Liaison 
                Officers established under subsection (a);
                    (B) develop relations with, consult with, 
                and provide assistance to nongovernmental 
                organizations, individuals, and movements that 
                are committed to the peaceful promotion of 
                democracy and fundamental rights and freedoms, 
                including fostering relationships with the 
                United States Government and the governments of 
                other democratic countries; and
                    (C) assist officers and employees of 
                regional bureaus of the Department to develop 
                strategies and programs to promote peaceful 
                change in nondemocratic countries and 
                democratic transition countries.
            (3) Liaison.--Within the Bureau of Democracy, Human 
        Rights, and Labor, the Assistant Secretary shall 
        identify officers or employees who have expertise in 
        and shall be responsible for working with 
        nongovernmental organizations, individuals, and 
        movements that develop relations with, consult with, 
        and provide assistance to nongovernmental 
        organizations, individuals, and movements in foreign 
        countries that are committed to the peaceful promotion 
        of democracy and fundamental rights and freedoms.
    (c) Actions by Chiefs of Mission.--Each chief of mission in 
each nondemocratic country or democratic transition country 
should--
            (1) develop, as part of annual program planning, a 
        strategy to promote democratic principles, practices, 
        and values in each such foreign country and to provide 
        support, as appropriate, to nongovernmental 
        organizations, individuals, and movements in each such 
        country that are committed to democratic principles, 
        practices, and values, such as by--
                    (A) consulting and coordinating with and 
                providing support to such nongovernmental 
                organizations, individuals, and movements 
                regarding the promotion of democracy;
                    (B) issuing public condemnations of 
                violations of internationally recognized human 
                rights, including violations of religious 
                freedom, and visiting local landmarks and other 
                local sites associated with nonviolent protest 
                in support of democracy and freedom from 
                oppression; and
                    (C) holding periodic meetings with such 
                nongovernmental organizations, individuals, and 
                movements to discuss democracy and political, 
                social, and economic freedoms;
            (2) hold ongoing discussions with the leaders of 
        each such nondemocratic country or democratic 
        transition country regarding progress toward a 
        democratic system of governance and the development of 
        political, social, and economic freedoms and respect 
        for human rights, including freedom of religion or 
        belief, in such country; and
            (3) conduct meetings with civil society, interviews 
        with media that can directly reach citizens of each 
        such country, and discussions with students and young 
        people of each such country regarding progress toward a 
        democratic system of governance and the development of 
        political, social, and economic freedoms in each such 
        country.
    (d) Recruitment.--The Secretary should seek to increase the 
proportion of members of the Foreign Service who serve in the 
Bureau of Democracy, Human Rights, and Labor.
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary such sums as may be 
necessary to carry out this section.

SEC. 2112. DEMOCRACY FELLOWSHIP PROGRAM.

    (a) Requirement for Program.--The Secretary shall establish 
a Democracy Fellowship Program to enable officers of the 
Department to gain an additional perspective on democracy 
promotion in foreign countries by working on democracy issues 
in appropriate congressional offices or congressional 
committees with oversight over the subject matter of this 
title, including the Committee on Foreign Affairs and the 
Committee on Appropriations of the House of Representatives and 
the Committee on Foreign Relations and the Committee on 
Appropriations of the Senate, and international or 
nongovernmental organizations involved in democracy promotion.
    (b) Selection and Placement.--The Assistant Secretary shall 
play a central role in the selection of Democracy Fellows and 
facilitate their placement in appropriate congressional 
offices, congressional committees, international organizations, 
and nongovernmental organizations.

SEC. 2113. INVESTIGATIONS OF VIOLATIONS OF INTERNATIONAL HUMANITARIAN 
                    LAW.

    (a) In General.--The President, with the assistance of the 
Secretary, the Under Secretary of State for Democracy and 
Global Affairs, and the Ambassador-at-Large for War Crimes 
Issues, shall collect information regarding incidents that may 
constitute crimes against humanity, genocide, slavery, or other 
violations of international humanitarian law.
    (b) Accountability.--The President shall consider what 
actions can be taken to ensure that any government of a country 
or the leaders or senior officials of such government who are 
responsible for crimes against humanity, genocide, slavery, or 
other violations of international humanitarian law identified 
under subsection (a) are brought to account for such crimes in 
an appropriately constituted tribunal.

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

SEC. 2121. STRATEGIES, PRIORITIES, AND ANNUAL REPORT.

    (a) Expansion of Country-Specific Strategies To Promote 
Democracy.--
            (1) Commendation.--Congress commends the Secretary 
        for the ongoing work by the Department to develop 
        country-specific strategies for promoting democracy.
            (2) Expansion.--The Secretary shall expand the 
        development of such strategies to all nondemocratic 
        countries and democratic transition countries.
            (3) Briefings.--The Secretary shall keep the 
        appropriate congressional committees fully and 
        currently informed as such strategies are developed.
    (b) Report Title.--Section 665(c) of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 
U.S.C. 2151n note) is amended, in the first sentence, by 
inserting ``entitled the Annual Report on Advancing Freedom and 
Democracy'' before the period at the end.
    (c) Enhanced Report.--The Annual Report on Advancing 
Freedom and Democracy shall include, as appropriate--
            (1) United States priorities for the promotion of 
        democracy and the protection of human rights for each 
        nondemocratic country and democratic transition 
        country, developed in consultation with relevant 
        parties in such countries; and
            (2) specific actions and activities of chiefs of 
        missions and other United States officials to promote 
        democracy and protect human rights in each such 
        country.
    (d) Schedule of Submission.--Section 665(c) of the Foreign 
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-
228; 22 U.S.C. 2151n note) is amended, in the second sentence, 
by striking ``30 days'' and inserting ``90 days''.

SEC. 2122. TRANSLATION OF HUMAN RIGHTS REPORTS.

    (a) In General.--The Secretary shall continue to expand the 
timely translation of the applicable parts of the Country 
Reports on Human Rights Practices required under sections 
116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151n(d) and 2304(b)), the Annual Report on 
International Religious Freedom required under section 102(b) 
of the International Religious Freedom Act of 1998 (22 U.S.C. 
6412(b)), the Trafficking in Persons Report required under 
section 110(b) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7107(b)), and any separate report on democracy 
and human rights policy submitted in accordance with section 
665(c) of the Foreign Relations Authorization Act, Fiscal Year 
2003 (Public Law 107-228; 22 U.S.C. 2151n note) into the 
principal languages of as many countries as possible, with 
particular emphasis on nondemocratic countries, democratic 
transition countries, and countries in which extrajudicial 
killings, torture, or other serious violations of human rights 
have occurred.
    (b) Report.--
            (1) Requirement.--Not later than April 1, 2008, and 
        annually thereafter through 2010, the Secretary shall 
        submit to the appropriate congressional committees a 
        report describing any translations of the reports 
        specified in subsection (a) for the preceding year, 
        including which of such reports have been translated 
        into which principal languages and the countries in 
        which such translations have been distributed by 
        posting on a relevant website or elsewhere.
            (2) Form.--The report required under paragraph (1) 
        may be included in any separate report on democracy and 
        human rights policy submitted in accordance with 
        section 665(c) of the Foreign Relations Authorization 
        Act, Fiscal Year 2003.

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

SEC. 2131. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.

    Congress commends the Secretary for creating an Advisory 
Committee on Democracy Promotion, and it is the sense of 
Congress that the Committee should play a significant role in 
the Department's transformational diplomacy by advising the 
Secretary regarding United States efforts to promote democracy 
and democratic transition in connection with the formulation 
and implementation of United States foreign policy and foreign 
assistance, including reviewing and making recommendations on--
            (1) how to improve the capacity of the Department 
        to promote democracy and human rights; and
            (2) how to improve foreign assistance programs 
        related to the promotion of democracy.

SEC. 2132. SENSE OF CONGRESS REGARDING THE INTERNET WEBSITE OF THE 
                    DEPARTMENT OF STATE.

    It is the sense of Congress that in order to facilitate 
access by individuals, nongovernmental organizations, and 
movements in foreign countries to documents, streaming video 
and audio, and other media regarding democratic principles, 
practices, and values, and the promotion and strengthening of 
democracy, the Secretary should take additional steps to 
enhance the Internet site for global democracy and human rights 
of the Department, which should include, where practicable, the 
following:
            (1) Narratives and histories, published by the 
        United States Government, of significant democratic 
        movements in foreign countries, particularly regarding 
        successful nonviolent campaigns to promote democracy in 
        non-democratic countries and democratic transition 
        countries.
            (2) Narratives, published by the United States 
        Government, relating to the importance of the 
        establishment of and respect for internationally 
        recognized human rights, democratic principles, 
        practices, and values, and other fundamental freedoms.
            (3) Major human rights reports by the United States 
        Government, including translations of such materials, 
        as appropriate.
            (4) Any other documents, references, or links to 
        appropriate external Internet websites (such as 
        websites of international or nongovernmental 
        organizations), including references or links to 
        training materials, narratives, and histories regarding 
        successful democratic movements.

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

SEC. 2141. TRAINING IN DEMOCRACY PROMOTION AND THE PROTECTION OF HUMAN 
                    RIGHTS.

    (a) In General.--The Secretary shall continue to enhance 
training for members of the Foreign Service and civil service 
responsible for the promotion of democracy and the protection 
of human rights. Such training shall include appropriate 
instruction and training materials regarding:
            (1) International documents and United States 
        policy regarding the promotion of democracy and respect 
        for human rights.
            (2) United States policy regarding the promotion 
        and strengthening of democracy around the world, with 
        particular emphasis on the transition to democracy in 
        nondemocratic countries and democratic transition 
        countries.
            (3) For any member, chief of mission, or deputy 
        chief of mission who is to be assigned to a 
        nondemocratic country or democratic transition country, 
        ways to promote democracy in such country and to assist 
        individuals, nongovernmental organizations, and 
        movements in such country that support democratic 
        principles, practices, and values.
            (4) The protection of internationally recognized 
        human rights (including the protection of religious 
        freedom) and standards related to such rights, 
        provisions of United States law related to such rights, 
        diplomatic tools to promote respect for such rights, 
        and the protection of individuals who have fled their 
        countries due to violations of such rights.
    (b) Consultation.--The Secretary, acting through the 
Director of the National Foreign Affairs Training Center of the 
Foreign Service Institute of the Department, shall consult, as 
appropriate, with nongovernmental organizations involved in the 
protection and promotion of such rights and the United States 
Commission on International Religious Freedom with respect to 
the training required by this subsection.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the 
appropriate congressional committees a report containing a 
description of the current and planned training provided to 
Foreign Service officers in human rights and democracy 
promotion, including such training provided to chiefs of 
mission serving or preparing to serve in nondemocratic 
countries or democratic transition countries.

SEC. 2142. SENSE OF CONGRESS REGARDING ADVANCE DEMOCRACY AWARD.

    It is the sense of Congress that--
            (1) the Secretary should further strengthen the 
        capacity of the Department to carry out results-based 
        democracy promotion efforts through the establishment 
        of an annual award to be known as the ``Outstanding 
        Achievements in Advancing Democracy Award'', or the 
        ``ADVANCE Democracy Award'', that would be awarded to 
        officers or employees of the Department; and
            (2) the Secretary should establish procedures for 
        selecting recipients of such award, including any 
        financial terms associated with such award.

SEC. 2143. PERSONNEL POLICIES AT THE DEPARTMENT OF STATE.

    In addition to the awards and other incentives already 
implemented, the Secretary should increase incentives for 
members of the Foreign Service and other employees of the 
Department who take assignments relating to the promotion of 
democracy and the protection of human rights, including the 
following:
            (1) Providing performance pay under section 405 of 
        the Foreign Service Act of 1980 (22 U.S.C. 3965) to 
        such members and employees who carry out their 
        assignment in an outstanding manner.
            (2) Considering such an assignment as a basis for 
        promotion into the Senior Foreign Service.
            (3) Providing Foreign Service Awards under section 
        614 of the Foreign Service Act of 1980 (22 U.S.C. 4013) 
        to such members and employees who provide distinguished 
        or meritorious service in the promotion of democracy or 
        the protection of human rights.

           Subtitle E--Cooperation With Democratic Countries

SEC. 2151. COOPERATION WITH DEMOCRATIC COUNTRIES.

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

             Subtitle F--Funding for Promotion of Democracy

SEC. 2161. THE UNITED NATIONS DEMOCRACY FUND.

    (a) Sense of Congress.--It is the sense of Congress that 
the United States should work with other countries to enhance 
the goals and work of the United Nations Democracy Fund, an 
essential tool to promote democracy, and in particular support 
civil society in foreign countries in their efforts to help 
consolidate democracy and bring about transformational change.
    (b) Authorization of Appropriations.--There is authorized 
to be appropriated $14,000,000 for each of fiscal years 2008 
and 2009 to the Secretary for a United States contribution to 
the United Nations Democracy Fund.

SEC. 2162. UNITED STATES DEMOCRACY ASSISTANCE PROGRAMS.

    (a) Sense of Congress Regarding Use of Instruments of 
Democracy Promotion.--It is the sense of Congress that--
            (1) United States support for democracy is 
        strengthened by using a variety of different 
        instrumentalities, such as the National Endowment for 
        Democracy, the United States Agency for International 
        Development, and the Department; and
            (2) the purpose of the Department's Human Rights 
        and Democracy Fund should be to support innovative 
        programming, media, and materials designed to uphold 
        democratic principles, practices, and values, support 
        and strengthen democratic institutions, promote human 
        rights and the rule of law, and build civil societies 
        in countries around the world.
    (b) Sense of Congress Regarding Mechanisms for Delivering 
Assistance.--
            (1) Findings.--Congress finds the following:
                    (A) Democracy assistance has many different 
                forms, including assistance to promote the rule 
                of law, build the capacity of civil society, 
                political parties, and legislatures, improve 
                the independence of the media and the 
                judiciary, enhance independent auditing 
                functions, and advance security sector reform.
                    (B) There is a need for greater clarity on 
                the coordination and delivery mechanisms for 
                United States democracy assistance.
            (2) Sense of congress.--It is the sense of Congress 
        that the Secretary and the Administrator of the United 
        States Agency for International Development should 
        develop guidelines, in consultation with the 
        appropriate congressional committees, building on the 
        existing framework for grants, cooperative agreements, 
        contracts, and other acquisition mechanisms to guide 
        United States missions in foreign countries in 
        coordinating United States democracy assistance and 
        selecting the appropriate combination of such 
        mechanisms for such assistance.

           TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

SEC. 2201. INTEROPERABLE EMERGENCY COMMUNICATIONS.

    (a) In General.--Section 3006 of Public Law 109-171 (47 
U.S.C. 309 note) is amended--
            (1) by striking paragraphs (1) and (2) of 
        subsection (a) and inserting the following:
            ``(1) may take such administrative action as is 
        necessary to establish and implement--
                    ``(A) a grant program to assist public 
                safety agencies in the planning and 
                coordination associated with, the acquisition 
                of, deployment of, or training for the use of 
                interoperable communications equipment, 
                software and systems that--
                            ``(i) utilize reallocated public 
                        safety spectrum for radio 
                        communication;
                            ``(ii) enable interoperability with 
                        communications systems that can utilize 
                        reallocated public safety spectrum for 
                        radio communication; or
                            ``(iii) otherwise improve or 
                        advance the interoperability of public 
                        safety communications systems that 
                        utilize other public safety spectrum 
                        bands; and
                    ``(B) are used to establish and implement a 
                strategic technology reserve to pre-position or 
                secure interoperable communications in advance 
                for immediate deployment in an emergency or 
                major disaster;
            ``(2) shall make payments of not to exceed 
        $1,000,000,000, in the aggregate, through fiscal year 
        2010 from the Digital Television Transition and Public 
        Safety Fund established under section 309(j)(8)(E) of 
        the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) 
        to carry out the grant program established under 
        paragraph (1), of which at least $75,000,000, in the 
        aggregate, shall be used for purposes described in 
        paragraph (1)(B); and
            ``(3) shall permit any funds allocated for use 
        under paragraph (1)(B) to be used for purposes 
        identified under paragraph (1)(A), if the public safety 
        agency demonstrates that it has already implemented 
        such a strategic technology reserve or demonstrates 
        higher priority public safety communications needs.'';
            (2) by redesignating subsections (b), (c), and (d) 
        as subsections (h), (i), and (j), respectively, and 
        inserting after subsection (a) the following:
    ``(b) Eligibility.--To be eligible for assistance under the 
grant program established under subsection (a)(1)(A), an 
applicant shall submit an application, at such time, in such 
form, and containing such information as the Assistant 
Secretary may require, including a detailed explanation of how 
assistance received under the program would be used to improve 
communications interoperability and ensure interoperability 
with other public safety agencies in an emergency or a major 
disaster.
    ``(c) Criteria for Strategic Technology Reserves.--
            ``(1) In general.--In evaluating permitted uses 
        under subsection (a)(1)(B), the Assistant Secretary 
        shall consider the continuing technological evolution 
        of communications technologies and devices, with its 
        implicit risk of obsolescence, and shall ensure, to the 
        maximum extent feasible, that a substantial part of the 
        reserve involves prenegotiated contracts and other 
        arrangements for rapid deployment of equipment, 
        supplies, and systems (and communications service 
        related to such equipment, supplies, and systems), 
        rather than the warehousing or storage of equipment and 
        supplies currently available at the time the reserve is 
        established.
            ``(2) Requirements and characteristics.--Funds 
        provided to meet uses described in paragraph (1) shall 
        be used in support of reserves that--
                    ``(A) are capable of re-establishing 
                communications when existing critical 
                infrastructure is damaged or destroyed in an 
                emergency or a major disaster;
                    ``(B) include appropriate current, widely-
                used equipment, such as Land Mobile Radio 
                Systems, cellular telephones and satellite- 
                enabled equipment (and related communications 
                service), Cells-On-Wheels, Cells-On-Light-
                Trucks, or other self-contained mobile cell 
                sites that can be towed, backup batteries, 
                generators, fuel, and computers;
                    ``(C) include equipment on hand for the 
                Governor of each State, key emergency response 
                officials, and appropriate State or local 
                personnel;
                    ``(D) include contracts (including 
                prenegotiated contracts) for rapid delivery of 
                the most current technology available from 
                commercial sources; and
                    ``(E) include arrangements for training to 
                ensure that personnel are familiar with the 
                operation of the equipment and devices to be 
                delivered pursuant to such contracts.
            ``(3) Additional characteristics.--Portions of the 
        reserve may be virtual and may include items donated on 
        an in-kind contribution basis.
            ``(4) Allocation of funds.--In evaluating permitted 
        uses under section (a)(1)(B), the Assistant Secretary 
        shall take into account barriers to immediate 
        deployment, including time and distance, that may slow 
        the rapid deployment of equipment, supplies, and 
        systems (and communications service related to such 
        equipment, supplies, and systems) in the event of an 
        emergency in any State.
    ``(d) Voluntary Consensus Standards.--In carrying out this 
section, the Assistant Secretary, in cooperation with the 
Secretary of Homeland Security, shall identify and, if 
necessary, encourage the development and implementation of, 
voluntary consensus standards for interoperable communications 
systems to the greatest extent practicable, but shall not 
require any such standard.
    ``(e) Inspector General Report and Audits.--
            ``(1) Report.--Beginning with the first fiscal year 
        beginning after the date of enactment of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007, the Inspector General of the Department of 
        Commerce shall conduct an annual assessment of the 
        management of the grant program implemented under 
        subsection (a)(1) and transmit a report containing the 
        findings of that assessment and any recommendations 
        related thereto to the Senate Committee on Commerce, 
        Science, and Transportation and the House of 
        Representatives Committee on Energy and Commerce.
            ``(2) Audits.--Beginning with the first fiscal year 
        beginning after the date of enactment of the 
        Implementing Recommendations of the 9/11 Commission Act 
        of 2007, the Inspector General of the Department of 
        Commerce shall conduct financial audits of entities 
        receiving grants from the program implemented under 
        subsection (a)(1), and shall ensure that, over the 
        course of 4 years, such audits cover recipients in a 
        representative sample of not fewer than 25 States or 
        territories. The results of any such audits shall be 
        made publicly available via web site, subject to 
        redaction as the Inspector General determines necessary 
        to protect classified and other sensitive information.
    ``(f) Rule of Construction.--Nothing in this section shall 
be construed or interpreted to preclude the use of funds under 
this section by any public safety agency for interim or long-
term Internet Protocol-based interoperable solutions.''; and
            (3) by striking paragraph (3) of subsection (j), as 
        so redesignated.
    (b) FCC Vulnerability Assessment and Report on Emergency 
Communications Back-up System.--
            (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Federal 
        Communications Commission shall conduct a vulnerability 
        assessment of the Nation's critical communications and 
        information systems infrastructure and shall evaluate 
        the technical feasibility of creating a back-up 
        emergency communications system that complements 
        existing communications resources and takes into 
        account next generation and advanced communications 
        technologies. The overriding objective for the 
        evaluation shall be providing a framework for the 
        development of a resilient interoperable communications 
        system for emergency responders in an emergency. The 
        Commission shall consult with the National 
        Communications System and shall evaluate all reasonable 
        options, including satellites, wireless, and 
        terrestrial-based communications systems and other 
        alternative transport mechanisms that can be used in 
        tandem with existing technologies.
            (2) Factors to be evaluated.--The evaluation under 
        paragraph (1) shall include--
                    (A) a survey of all Federal agencies that 
                use terrestrial or satellite technology for 
                communications security and an evaluation of 
                the feasibility of using existing systems for 
                the purpose of creating such an emergency back-
                up public safety communications system;
                    (B) the feasibility of using private 
                satellite, wireless, or terrestrial networks 
                for emergency communications;
                    (C) the technical options, cost, and 
                deployment methods of software, equipment, 
                handsets or desktop communications devices for 
                public safety entities in major urban areas, 
                and nationwide; and
                    (D) the feasibility and cost of necessary 
                changes to the network operations center of 
                terrestrial-based or satellite systems to 
                enable the centers to serve as emergency back-
                up communications systems.
            (3) Report.--
                    (A) In general.--Upon the completion of the 
                evaluation under subsection (a), the Commission 
                shall submit a report to Congress that details 
                the findings of the evaluation, including a 
                full inventory of existing public and private 
                resources most efficiently capable of providing 
                emergency communications.
                    (B) Classified index.--The report on 
                critical infrastructure under this subsection 
                may contain a classified annex.
                    (C) Retention of classification.--The 
                classification of information required to be 
                provided to Congress or any other department or 
                agency under this section by the Federal 
                Communications Commission, including the 
                assignment of a level of classification of such 
                information, shall be binding on Congress and 
                any other department or agency.
    (c) Joint Advisory Committee on Communications Capabilities 
of Emergency Medical and Public Health Care Facilities.--
            (1) Establishment.--The Assistant Secretary of 
        Commerce for Communications and Information and the 
        Chairman of Federal Communications Commission, in 
        consultation with the Secretary of Homeland Security 
        and the Secretary of Health and Human Services, shall 
        establish a joint advisory committee to examine the 
        communications capabilities and needs of emergency 
        medical and public health care facilities. The joint 
        advisory committee shall be composed of individuals 
        with expertise in communications technologies and 
        emergency medical and public health care, including 
        representatives of Federal, State and local 
        governments, industry and non-profit health 
        organizations, and academia and educational 
        institutions.
            (2) Duties.--The joint advisory committee shall--
                    (A) assess specific communications 
                capabilities and needs of emergency medical and 
                public health care facilities, including the 
                including improvement of basic voice, data, and 
                broadband capabilities;
                    (B) assess options to accommodate growth of 
                basic and emerging communications services used 
                by emergency medical and public health care 
                facilities;
                    (C) assess options to improve integration 
                of communications systems used by emergency 
                medical and public health care facilities with 
                existing or future emergency communications 
                networks; and
                    (D) report its findings to the Senate 
                Committee on Commerce, Science, and 
                Transportation and the House of Representatives 
                Committee on Energy and Commerce, within 6 
                months after the date of enactment of this Act.
    (d) Authorization of Emergency Medical and Public Health 
Communications Pilot Projects.--
            (1) In general.--The Assistant Secretary of 
        Commerce for Communications and Information may 
        establish not more than 10 geographically dispersed 
        project grants to emergency medical and public health 
        care facilities to improve the capabilities of 
        emergency communications systems in emergency medical 
        care facilities.
            (2) Maximum amount.--The Assistant Secretary may 
        not provide more than $2,000,000 in Federal assistance 
        under the pilot program to any applicant.
            (3) Cost sharing.--The Assistant Secretary may not 
        provide more than 20 percent of the cost, incurred 
        during the period of the grant, of any project under 
        the pilot program.
            (4) Maximum period of grants.--The Assistant 
        Secretary may not fund any applicant under the pilot 
        program for more than 3 years.
            (5) Deployment and distribution.--The Assistant 
        Secretary shall seek to the maximum extent practicable 
        to ensure a broad geographic distribution of project 
        sites.
            (6) Transfer of information and knowledge.--The 
        Assistant Secretary shall establish mechanisms to 
        ensure that the information and knowledge gained by 
        participants in the pilot program are transferred among 
        the pilot program participants and to other interested 
        parties, including other applicants that submitted 
        applications.

SEC. 2202. CLARIFICATION OF CONGRESSIONAL INTENT.

     The Federal departments and agencies (including 
independent agencies) identified under the provisions of this 
title and title III of this Act and title VI of Public Law 109-
295 shall carry out their respective duties and 
responsibilities in a manner that does not impede the 
implementation of requirements specified under this title and 
title III of this Act and title VI of Public Law 109-295. 
Notwithstanding the obligations under section 1806 of Public 
Law 109-295, the provisions of this title and title III of this 
Act and title VI of Public Law 109-295 shall not preclude or 
obstruct any such department or agency from exercising its 
other authorities related to emergency communications matters.

SEC. 2203. CROSS BORDER INTEROPERABILITY REPORTS.

    (a) In General.--Not later than 90 days after the date of 
enactment of this Act, the Federal Communications Commission, 
in consultation with the Department of Homeland Security's 
Office of Emergency Communications, the Office of Management of 
Budget, and the Department of State shall report to the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Energy and Commerce on--
            (1) the status of the mechanism established by the 
        President under section 7303(c) of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
        194(c)) for coordinating cross border interoperability 
        issues between--
                    (A) the United States and Canada; and
                    (B) the United States and Mexico;
            (2) the status of treaty negotiations with Canada 
        and Mexico regarding the coordination of the re-banding 
        of 800 megahertz radios, as required under the final 
        rule of the Federal Communication Commission in the 
        ``Private Land Mobile Services; 800 MHz Public Safety 
        Interface Proceeding'' (WT Docket No. 02-55; ET Docket 
        No. 00-258; ET Docket No. 95-18, RM-9498; RM-10024; FCC 
        04-168,) including the status of any outstanding issues 
        in the negotiations between--
                    (A) the United States and Canada; and
                    (B) the United States and Mexico;
            (3) communications between the Commission and the 
        Department of State over possible amendments to the 
        bilateral legal agreements and protocols that govern 
        the coordination process for license applications 
        seeking to use channels and frequencies above Line A;
            (4) the annual rejection rate for the last 5 years 
        by the United States of applications for new channels 
        and frequencies by Canadian private and public 
        entities; and
            (5) any additional procedures and mechanisms that 
        can be taken by the Commission to decrease the 
        rejection rate for applications by United States 
        private and public entities seeking licenses to use 
        channels and frequencies above Line A.
    (b) Updated Reports To Be Filed on the Status of Treaty of 
Negotiations.--The Federal Communications Commission, in 
conjunction with the Department of Homeland Security, the 
Office of Management of Budget, and the Department of State 
shall continually provide updated reports to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House of 
Representatives on the status of treaty negotiations under 
subsection (a)(2) until the appropriate United States treaty 
has been revised with each of--
            (1) Canada; and
            (2) Mexico.
    (c) International Negotiations To Remedy Situation.--Not 
later than 90 days after the date of enactment of this Act, the 
Secretary of the Department of State shall report to Congress 
on--
            (1) the current process for considering 
        applications by Canada for frequencies and channels by 
        United States communities above Line A;
            (2) the status of current negotiations to reform 
        and revise such process;
            (3) the estimated date of conclusion for such 
        negotiations;
            (4) whether the current process allows for 
        automatic denials or dismissals of initial applications 
        by the Government of Canada, and whether such denials 
        or dismissals are currently occurring; and
            (5) communications between the Department of State 
        and the Federal Communications Commission pursuant to 
        subsection (a)(3).

SEC. 2204. EXTENSION OF SHORT QUORUM.

     Notwithstanding section 4(d) of the Consumer Product 
Safety Act (15 U.S.C. 2053(d)), 2 members of the Consumer 
Product Safety Commission, if they are not affiliated with the 
same political party, shall constitute a quorum for the 6-month 
period beginning on the date of enactment of this Act.

SEC. 2205. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES.

     In addition to the committees specifically enumerated to 
receive reports under this title, any report transmitted under 
the provisions of this title shall also be transmitted to the 
appropriate congressional committees (as defined in section 
2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2))).

          TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION

SEC. 2301. SHORT TITLE.

    This title may be cited as the ``Improving Emergency 
Communications Act of 2007''.

SEC. 2302. FUNDING FOR PROGRAM.

    Section 3011 of the Digital Television Transition and 
Public Safety Act of 2005 (Public Law 109-171; 47 U.S.C. 309 
note) is amended--
            (1) by striking ``The'' and inserting:
    ``(a) In General.--The''; and
            (2) by adding at the end the following:
    ``(b) Credit.--The Assistant Secretary may borrow from the 
Treasury, upon enactment of the 911 Modernization Act, such 
sums as necessary, but not to exceed $43,500,000, to implement 
this section. The Assistant Secretary shall reimburse the 
Treasury, without interest, as funds are deposited into the 
Digital Television Transition and Public Safety Fund.''.

SEC. 2303. NTIA COORDINATION OF E-911 IMPLEMENTATION.

    Section 158(b)(4) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 
942(b)(4)) is amended by adding at the end thereof the 
following: ``Within 180 days after the date of enactment of the 
911 Modernization Act, the Assistant Secretary and the 
Administrator shall jointly issue regulations updating the 
criteria to allow a portion of the funds to be used to give 
priority to grants that are requested by public safety 
answering points that were not capable of receiving 911 calls 
as of the date of enactment of that Act, for the incremental 
cost of upgrading from Phase I to Phase II compliance. Such 
grants shall be subject to all other requirements of this 
section.''.

                  TITLE XXIV--MISCELLANEOUS PROVISIONS

SEC. 2401. QUADRENNIAL HOMELAND SECURITY REVIEW.

    (a) Review Required.--Title VII of the Homeland Security 
Act of 2002 is amended by adding at the end the following:

``SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW.

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

``Sec. 707. Quadrennial Homeland Security Review.''.

SEC. 2402. SENSE OF THE CONGRESS REGARDING THE PREVENTION OF 
                    RADICALIZATION LEADING TO IDEOLOGICALLY-BASED 
                    VIOLENCE.

    (a) Findings.--Congress finds the following:
            (1) The United States is engaged in a struggle 
        against a transnational terrorist movement of radical 
        extremists that plans, prepares for, and engages in 
        acts of ideologically-based violence worldwide.
            (2) The threat of radicalization that leads to 
        ideologically-based violence transcends borders and has 
        been identified as a potential threat within the United 
        States.
            (3) Radicalization has been identified as a 
        precursor to terrorism caused by ideologically-based 
        groups.
            (4) Countering the threat of violent extremists 
        domestically, as well as internationally, is a critical 
        element of the plan of the United States for success in 
        the fight against terrorism.
            (5) United States law enforcement agencies have 
        identified radicalization that leads to ideologically-
        based violence as an emerging threat and have in recent 
        years identified cases of extremists operating inside 
        the United States, known as ``homegrown'' extremists, 
        with the intent to provide support for, or directly 
        commit, terrorist attacks.
            (6) Alienation of Muslim populations in the Western 
        world has been identified as a factor in the spread of 
        radicalization that could lead to ideologically-based 
        violence.
            (7) Many other factors have been identified as 
        contributing to the spread of radicalization and 
        resulting acts of ideologically-based violence. Among 
        these is the appeal of left-wing and right-wing hate 
        groups, and other hate groups, including groups 
        operating in prisons. Other such factors must be 
        examined and countered as well in order to protect the 
        homeland from violent extremists of every kind.
            (8) Radicalization leading to ideologically-based 
        violence cannot be prevented solely through law 
        enforcement and intelligence measures.
    (b) Sense of Congress.--It is the sense of Congress that 
the Secretary of Homeland Security, in consultation with other 
relevant Federal agencies, should make a priority of countering 
domestic radicalization that leads to ideologically-based 
violence by--
            (1) using intelligence analysts and other experts 
        to better understand the process of radicalization from 
        sympathizer to activist to terrorist;
            (2) recruiting employees with diverse worldviews, 
        skills, languages, and cultural backgrounds, and 
        expertise;
            (3) consulting with experts to ensure that the 
        lexicon used within public statements is precise and 
        appropriate and does not aid extremists by offending 
        religious, ethnic, and minority communities;
            (4) addressing prisoner radicalization and post-
        sentence reintegration, in concert with the Attorney 
        General and State and local corrections officials;
            (5) pursuing broader avenues of dialogue with 
        minority communities, including the American Muslim 
        community, to foster mutual respect, understanding, and 
        trust; and
            (6) working directly with State, local, and 
        community leaders to--
                    (A) educate such leaders about the threat 
                of radicalization that leads to ideologically-
                based violence and the necessity of taking 
                preventative action at the local level; and
                    (B) facilitate the sharing of best 
                practices from other countries and communities 
                to encourage outreach to minority communities, 
                including the American Muslim community, and 
                develop partnerships among and between all 
                religious faiths and ethnic groups.

SEC. 2403. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES.

    The Committee on Commerce, Science, and Transportation of 
the Senate shall receive the reports required by the following 
provisions of law in the same manner and to the same extent 
that the reports are to be received by the Committee on 
Homeland Security and Governmental Affairs of the Senate:
            (1) Section 1016(j)(1) of the Intelligence Reform 
        and Terrorist Prevention Act of 2004 (6 U.S.C. 
        485(j)(1)).
            (2) Section 511(d) of this Act.
            (3) Subsection (a)(3)(D) of section 2022 of the 
        Homeland Security Act of 2002, as added by section 101 
        of this Act.
            (4) Section 7215(d) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 123(d)).
            (5) Section 7209(b)(1)(C) of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 
        1185 note).
            (6) Section 804(c) of this Act.
            (7) Section 901(b) of this Act.
            (8) Section 1002(a) of this Act.
            (9) Title III of this Act.

SEC. 2404. DEMONSTRATION PROJECT.

    (a) Demonstration Project Required.--Not later than 120 
days after the date of enactment of this Act, the Secretary of 
Homeland Security shall--
            (1) establish a demonstration project to conduct 
        demonstrations of security management systems that--
                    (A) shall use a management system standards 
                approach; and
                    (B) may be integrated into quality, safety, 
                environmental and other internationally adopted 
                management systems; and
            (2) enter into one or more agreements with a 
        private sector entity to conduct such demonstrations of 
        security management systems.
    (b) Security Management System Defined.--In this section, 
the term `security management system' means a set of guidelines 
that address the security assessment needs of critical 
infrastructure and key resources that are consistent with a set 
of generally accepted management standards ratified and adopted 
by a standards making body.

SEC. 2405. UNDER SECRETARY FOR MANAGEMENT OF DEPARTMENT OF HOMELAND 
                    SECURITY.

    (a) Responsibilities.--Section 701(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 341) is amended--
            (1) by inserting ``The Under Secretary for 
        Management shall serve as the Chief Management Officer 
        and principal advisor to the Secretary on matters 
        related to the management of the Department, including 
        management integration and transformation in support of 
        homeland security operations and programs.'' before 
        ``The Secretary'';
            (2) by striking paragraph (7) and inserting the 
        following:
            ``(7) Strategic management planning and annual 
        performance planning and identification and tracking of 
        performance measures relating to the responsibilities 
        of the Department.''; and
            (3) by striking paragraph (9), and inserting the 
        following:
            ``(9) The management integration and transformation 
        process, as well as the transition process, to ensure 
        an efficient and orderly consolidation of functions and 
        personnel in the Department and transition, including--
                    ``(A) the development of a management 
                integration strategy for the Department, and
                    ``(B) before December 1 of any year in 
                which a Presidential election is held, the 
                development of a transition and succession 
                plan, to be made available to the incoming 
                Secretary and Under Secretary for Management, 
                to guide the transition of management functions 
                to a new Administration.''.
    (b) Appointment and Evaluation.--Section 701 of the 
Homeland Security Act of 2002 (6 U.S.C. 341), as amended by 
subsection (a), is further amended by adding at the end the 
following:
    ``(c) Appointment and Evaluation.--The Under Secretary for 
Management shall--
            ``(1) be appointed by the President, by and with 
        the advice and consent of the Senate, from among 
        persons who have--
                    ``(A) extensive executive level leadership 
                and management experience in the public or 
                private sector;
                    ``(B) strong leadership skills;
                    ``(C) a demonstrated ability to manage 
                large and complex organizations; and
                    ``(D) a proven record in achieving positive 
                operational results;
            ``(2) enter into an annual performance agreement 
        with the Secretary that shall set forth measurable 
        individual and organizational goals; and
            ``(3) be subject to an annual performance 
        evaluation by the Secretary, who shall determine as 
        part of each such evaluation whether the Under 
        Secretary for Management has made satisfactory progress 
        toward achieving the goals set out in the performance 
        agreement required under paragraph (2).''.
    (c) Deadline for Appointment; Incumbent.--
            (1) Deadline for appointment.--Not later than 90 
        days after the date of the enactment of this Act, the 
        Secretary of Homeland Security shall name an individual 
        who meets the qualifications of section 701 of the 
        Homeland Security Act (6 U.S.C. 341), as amended by 
        subsections (a) and (b), to serve as the Under 
        Secretary of Homeland Security for Management. The 
        Secretary may submit the name of the individual who 
        serves in the position of Under Secretary of Homeland 
        Security for Management on the date of enactment of 
        this Act together with a statement that informs the 
        Congress that the individual meets the qualifications 
        of such section as so amended.
            (2) Incumbent.--The incumbent serving as Under 
        Secretary of Homeland Security for Management on 
        November 4, 2008, is authorized to continue serving in 
        that position until a successor is confirmed, to ensure 
        continuity in the management functions of the 
        Department.
    (d) Sense of Congress With Respect to Service of 
Incumbents.--It is the sense of the Congress that the person 
serving as Under Secretary of Homeland Security for Management 
on the date on which a Presidential election is held should be 
encouraged by the newly-elected President to remain in office 
in a new Administration until such time as a successor is 
confirmed by Congress.
    (e) Executive Schedule.--Section 5313 of title 5, United 
States Code, is amended by inserting after the item relating to 
the Deputy Secretary of Homeland Security the following:
    ``Under Secretary of Homeland Security for Management.''.
      And the Senate agree to the same.
                                   Bennie G. Thompson,
                                   Loretta Sanchez,
                                   Norman Dicks,
                                   Jane Harman,
                                   Nita M. Lowey,
                                   Sheila Jackson-Lee,
                                   Donna M. Christensen,
                                   Bob Etheridge,
                                   James R. Langevin,
                                   Henry Cuellar,
                                   Al Green,
                                   Ed Perlmutter,
                                   Peter T. King,
                                   Mark Souder,
                                   Tom Davis,
                                   Daniel E. Lungren,
                                   Michael T. McCaul,
                                   Charles W. Dent,
                                   Ike Skelton,
                                   John M. Spratt, Jr.,
                                   Jim Saxton,
                                   John D. Dingell,
                                   Edward J. Markey,
                                   Tom Lantos,
                                   Gary Ackerman,
                                   Ileana Ros-Lehtinen,
                                   John Conyers,
                                   Zoe Lofgren,
                                   Henry A. Waxman,
                                   Wm. Lacy Clay,
                                   Silvestre Reyes,
                                   Bud Cramer,
                                   Bart Gordon,
                                   David Wu,
                                   Peter A. DeFazio,
                                   John B. Larson,
                                 Managers on the Part of the House.

                                   Joe Lieberman,
                                   Carl Levin,
                                   Daniel K. Akaka,
                                   Tom Carper,
                                   Mark Pryor,
                                   Chris Dodd,
                                   Daniel K. Inouye,
                                   Joe Biden,
                                Managers on the Part of the Senate.
       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill (H.R. 1), to provide 
for the implementation of the recommendations of the National 
Commission on Terrorist Attacks Upon the United States, submit 
the following joint statement to the House and the Senate in 
explanation of the effect of the action agreed upon by the 
managers and recommended in the accompanying conference report:
      The Senate amendment struck all of the House bill after 
the enacting clause and inserted a substitute text.
      The House recedes from its disagreement to the amendment 
of the Senate with an amendment that is a substitute for the 
House bill and the Senate amendment. The differences between 
the House bill, the Senate amendment, and the substitute agreed 
to in conference are noted below, except for clerical 
corrections, conforming changes made necessary by agreements 
reached by the conferees, and minor drafting and clarifying 
changes.

                      Joint Explanatory Statement

                   TITLE I--HOMELAND SECURITY GRANTS

Section 101. Homeland Security Grant Program
      Section 101 of the Conference Report amends the Homeland 
Security Act to add a new Title XX, comprised of two subtitles 
and including the following sections:

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

Section 2001. Definitions
      Section 2001 of the House bill defines several terms that 
are used in the title relevant to homeland security grants, 
including ``Covered grant,'' ``Directly Eligible Tribe,'' 
``Elevations in the Threat Alert Level,'' ``First Responder,'' 
``Indian Tribe,'' ``Region,'' ``Terrorism Preparedness,'' and 
``Capabilities.''
      Section 2001 of the Senate bill is a comparable 
provision, which defines ``Administrator,'' ``Combined 
Statistical Area,'' ``Directly Eligible Tribe,'' ``Eligible 
Metropolitan Area,'' ``Indian Tribe,'' ``Metropolitan 
Statistical Area,'' ``National Special Security Event,'' 
``Population,'' ``Population Density,'' ``Target 
Capabilities,'' and ``Tribal Government.''
      The Conference substitute adopts the Senate provision, as 
modified. The provision defines the terms ``Administrator,'' 
``Appropriate Committees of Congress,'' ``Critical 
Infrastructure Sectors,'' ``Directly Eligible Tribe,'' 
``Eligible Metropolitan Area,'' ``High-Risk Urban Area,'' 
``Indian Tribe,'' ``Metropolitan Statistical Area,'' ``National 
Special Security Event,'' ``Population,'' ``Population 
Density,'' ``Qualified Intelligence Analyst,'' ``Target 
Capabilities,'' and ``Tribal Government.''
Section 2002. Homeland Security Grant Programs
      Section 2002 of the House bill sets forth the first 
responder grant programs at the Department that are covered by 
the provisions in the title. These programs are the State 
Homeland Security Grant Program, the Urban Area Security 
Initiative, and the Law Enforcement Terrorism Prevention 
Program. It specifically excludes the Assistance to 
Firefighters Grant programs, the Emergency Management 
Performance Grant program, and the Urban Search and Rescue 
program.
      Section 2002 of the Senate bill authorizes the Secretary 
of Homeland Security (the Secretary), acting through the 
Administrator of the Federal Emergency Management Agency 
(FEMA), to award grants to State, local, and tribal 
governments. It clarifies that other grant programs, such as 
the Assistance to Firefighters Grant programs, the Metropolitan 
Medical Response System, critical infrastructure grant 
programs, including transportation security grants programs, 
the port security grant program, and grants administered by 
agencies other than the Department of Homeland Security (the 
Department or DHS), are not covered under the title.
      The Conference substitute adopts the Senate provision, as 
modified. It specifically authorizes the Secretary, acting 
through the Administrator of FEMA (the Administrator), to make 
grants under the State Homeland Security Grant Program and the 
Urban Area Security Initiative. It specifically provides that 
none of the provisions in subtitle A affect, or may be 
construed to affect, programs authorized under the Federal Fire 
Prevention and Control Act; grants authorized under the 
Stafford Act; Emergency Management Performance Grants under the 
amendments made by Title II of the Implementing the 
Recommendations of the 9/11 Commission Act of 2007; grants to 
protect critical infrastructure, including port security grants 
authorized under 46 U.S.C. 70107 and grants authorized under 
titles XIV, XV, and XVI of the Implementing the Recommendations 
of the 9/11 Commission Act of 2007; Metropolitan Medical 
Response System grants authorized under section 635 of the 
Post-Katrina Emergency Management Reform Act; the Interoperable 
Emergency Communications Grant Program authorized under title 
XVIII of the Homeland Security Act; and grants not administered 
by the Department.
      Section 1014 of the USA Patriot Act (42 U.S.C. 3714), 
which authorized grants to States to ``enhance the capability 
of State and local jurisdictions to prepare for and respond to 
terrorist acts,'' has, up until now, served as the authority 
for grant programs such as the State Homeland Security Grant 
Program and the Law Enforcement Terrorism Prevention Program. 
Section 1014 further provided that each State receive a minimum 
of 0.75 percent of such authorized grants. The Conference 
substitute clarifies that the grants authorized under sections 
2003 and 2004 of the Homeland Security Act are to supersede all 
grant programs authorized by section 1014 of the USA PATRIOT 
Act and that such grants shall be governed by the terms of this 
title and not any other provision of law, including with 
respect to the minimum guaranteed to each State under section 
2004 and the fact that, where there is such a minimum, it is to 
be allocated as a ``true minimum,'' in the manner explained 
below.
      The Conferees remain concerned about the implementation 
of the provisions in the Post-Katrina Emergency Management 
Reform Act (PL 109-295), which placed the authority to conduct 
training and exercises and administer grants within FEMA, thus 
restoring the nexus between emergency preparedness and 
response. The Conferees continue to believe that the 
Administrator, in consultation with other relevant Departmental 
components with issue-area expertise, should have 
responsibility for administering all grant programs 
administered by the Department, which will ensure the 
coordination among those programs and consistency in the 
guidance issued to grant recipients.
Section 2003. Urban Area Security Initiative
      Section 2003 of the House bill provides that areas 
determined by the Secretary to be high-threat urban areas may 
apply for Urban Area Security Initiative grants.
      Section 2003 of the Senate bill specifically establishes 
the Urban Area Security Initiative grant program, to assist 
high-risk urban areas in preventing, preparing for, and 
responding to acts of terrorism. It allows eligible 
metropolitan areas, defined primarily as self-defined areas 
within the 100 largest metropolitan statistical areas, to apply 
for the grants. This section requires that the grants be 
allocated based on the threat, vulnerability, and consequences 
of a terrorist attack, as well as the effectiveness of each 
urban area's proposed spending plan in increasing the area's 
preparedness for terrorism and reducing risk. The section 
further describes the allowable uses of the grant funding by 
urban areas.
      The Conference substitute adopts the Senate provision, as 
modified. The Conference substitute provides for a two-stage 
process for designating high-risk urban areas eligible to apply 
for Urban Area Security Initiative grants. First, the 
Department is to conduct an initial assessment of the risks, 
threats, and vulnerabilities from acts of terrorism faced by 
eligible metropolitan areas, defined as the 100 most populous 
metropolitan statistical areas in the United States. During 
this initial assessment, these areas may submit relevant 
information to the Department for consideration. Second, once 
this initial assessment process is complete, the Department 
will designate which jurisdictions may apply for Urban Area 
Security Initiative grants based solely on the assessment of 
risk from acts of terrorism.
Section 2004. State Homeland Security Grant Program
      Section 2003 of the House bill provides that States, 
regions, and directly eligible tribes shall be eligible to 
apply for grant funds under the State Homeland Security Grant 
Program and the Law Enforcement Terrorism Prevention Program. 
Section 2004 of the House bill sets forth minimum amounts each 
State shall receive (0.25 percent), providing for larger grant 
awards to applicants that have a significant international land 
border and/or adjoin a body of water within North America that 
contains an international boundary line (0.45 percent). Under 
the House bill territories and directly eligible tribes would 
receive not less than 0.08 percent of the funds.
      Section 2004 of the Senate bill establishes the State 
Homeland Security Grant Program to assist State, local, and 
tribal governments in preventing, preparing for, protecting 
against, responding to, and recovering from acts of terrorism. 
The section requires that the grants be allocated to States 
based on the threat, vulnerability, and consequences of 
terrorism faced by a State, and lists factors to be considered 
in determining a State's risk. The section further provides 
that, in allocating funds, no State shall receive less than 
0.45 percent of the overall appropriation for this program and 
that each State distribute a minimum of 80 percent of funding 
received under this program to local and tribal governments 
within that State, consistent with the State's homeland 
security plan. Territories would receive not less than 0.08 
percent of the funds. The section also describes the allowable 
uses for grant funding provided to States under this section.
      The Conference substitute adopts the Senate provision, as 
modified. The Conference substitute requires that each State 
receive, from the funds appropriated for the State Homeland 
Security Grant Program, not less than 0.375 percent of the 
total funds appropriated for grants under sections 2003 and 
2004 in Fiscal Year 2008. This minimum decreases to 0.35 
percent over five years. Each territory is to receive not less 
than 0.08 percent of the funds and tribes are to receive, 
collectively, not less than 0.1 percent of the funds.
      In all cases, the minimum is a ``true minimum,'' in which 
funding allocations are initially determined entirely on the 
basis of terrorism risk and the anticipated effectiveness of 
the proposed use of the grant. Any recipient that does not 
reach the minimum based on this risk allocation will receive 
additional funding from the amount appropriated for the State 
Homeland Security Grant Program to ensure the respective 
minimum is met. This distribution method is consistent with the 
Department's practice for FY 2007 for the formula grants in the 
Homeland Security Grant Program, and maximizes the share of 
funds distributed on the basis of risk. The Urban Area Security 
Initiative will continue to be allocated exclusively on the 
basis of the risk from acts of terrorism and the anticipated 
effectiveness of the proposed use of the grant.
Section 2005. Grants to directly eligible tribes
      Section 2003 of the House bill authorizes the Secretary 
to award grants to directly eligible tribes under the State 
Homeland Security Grant Program, requires the designation of a 
specific individual to serve as the tribal liaison for each 
tribe, and allows an opportunity for each State to comment to 
the Secretary on the consistency of a tribe's application with 
the State's homeland security plan.
      Section 2004 of the Senate bill authorizes the Secretary 
to award grants to directly eligible tribes under the State 
Homeland Security Grant Program.
      The Conference substitute adopts the House provision, as 
modified. The Conference substitute further clarifies that, 
regardless of whether a tribe receives funds directly from the 
Department, the tribe remains eligible to receive a pass-
through of section 2004 funds for other purposes from any State 
within which it is located, and that States retain a 
responsibility for allocating funds received under section 2004 
to assist tribal communities, including tribes that are not 
directly eligible tribes, achieve target capabilities not 
achieved through direct grants.
Section 2006. Terrorism prevention
      There is no comparable House provision.
      Section 2005 of the Senate bill requires that the 
Department of Homeland Security designate a minimum of 25 
percent of the funding to States and urban areas through the 
State Homeland Security Grant Program and Urban Area Security 
Initiative for law enforcement terrorism prevention activities. 
It provides a list of allowable uses for the funding. The 
section also establishes the Office for the Prevention of 
Terrorism within the Department to, among other things, 
coordinate policy and operations between Federal, State, local, 
and tribal governments related to the prevention of terrorism.
      The Conference substitute adopts the Senate provision, as 
modified.
      The Conferees note the importance of law enforcement 
terrorism prevention activities and requires the Administrator 
to ensure that not less than 25 percent of the combined funds 
from the State Homeland Security Grant Program and Urban Area 
Security Initiative are dedicated to these vital activities. 
This will ensure that law enforcement terrorism prevention 
activities are appropriately coordinated with other State and 
high-risk urban area efforts to prevent, prepare for, protect 
against, and respond to acts of terrorism using grant funds.
      The Conference substitute also includes a provision 
creating an Assistant Secretary in the DHS Policy Directorate 
to head an Office for State and Local Law Enforcement. This new 
Assistant Secretary will lead the coordination of Department-
wide policies relating to State and local law enforcement's 
role in preventing acts of terrorism and will also serve as a 
liaison between law enforcement agencies across the country and 
the Department. The Conferees believe this office gives the 
State and local law enforcement community a much needed voice 
and high-level point of contact in the Department and 
integrates prevention and other law enforcement activities 
across the Department, while avoiding the creation of further 
stovepipes.
      The Conference substitute creates the Assistant Secretary 
in the Department's Policy Directorate because of that 
Directorate's central role in coordinating policies across the 
Department. By such placement, however, the Conferees do not 
intend to preclude the Secretary from seeking advice directly 
from the Assistant Secretary, or from having the Assistant 
Secretary report directly to the Secretary, if the Secretary 
determines that arrangement would be most helpful and/or most 
beneficial to the Department.
      In addition, the Conference substitute includes language 
in this section to reflect the general purpose of the Fusion 
and Law Enforcement Education and Teaming (FLEET) Grant Program 
in House Sections 701 and 702. Many local and tribal law 
enforcement and other emergency response providers that would 
like to participate in State, local, or regional fusion centers 
lack the resources--in terms of funding and staff--to do so. 
These providers are not usually in the headlines; instead, they 
typically serve under represented suburban and rural 
jurisdictions where terrorists may live, work, and plan 
attacks--even if they themselves are not likely targets of 
those attacks.
      The Conferees believe that such agencies and departments, 
based on an appropriate showing of risk, should qualify for 
grant funding so they can send representatives to State, local, 
or regional fusion centers. Such funding should be available 
for (1) backfilling positions for law enforcement officers, 
intelligence analysts, and other emergency response staff 
detailed to fusion centers; and (2) appropriate training in the 
intelligence cycle, privacy and civil liberties, and other 
relevant matters, as determined by the Secretary.
      The Conference substitute also provides for the Assistant 
Secretary for State and Local Law Enforcement and the 
Administrator to jointly conduct a study to determine the 
efficacy and feasibility of establishing specialized law 
enforcement deployment teams to assist State, local and tribal 
governments in responding to natural disasters, acts of 
terrorism, or other man-made disasters, and to report on the 
results of that study to the appropriate Committees of 
Congress. By requiring the study, the Conferees do not intend 
to authorize the creation, use or deployment of such teams, but 
instead intends that the Assistant Secretary and the 
Administrator report to Congress on the results of the study 
and, in the event they determine that such deployment teams are 
feasible and likely to be effective, that they seek further 
Congressional authorization before implementing any such 
program. The Conferees further intend that any such deployment 
teams, if implemented, would, like other specialized response 
teams, such as Urban Search and Rescue Teams, be subject to the 
direction of the Administrator and coordinated with the other 
activities of FEMA.
Section 2007. Prioritization
      Section 2004 of the House bill requires the Secretary to 
evaluate and annually prioritize pending applications for 
covered grants based upon the degree to which they would lessen 
the threat to, vulnerability of, and consequences for persons 
and critical infrastructure from acts of terrorism.
      There is no comparable Senate provision. Instead the 
Senate bill individually lists the factors that the 
Administrator shall consider when allocating grants under 
sections 2003 and 2004.
      The Conference substitute adopts the House provision, as 
modified. The Conference substitute requires that in allocating 
funds among States and high-risk urban areas the Administrator 
consider for each State and high-risk urban area, its relative 
threat, vulnerability, and consequences from acts of terrorism, 
including consideration of several enumerated factors; and the 
anticipated effectiveness of the proposed use of the grant by 
the State or high-risk urban area. While the Conference 
substitute does not specify the particular weight to be given 
to any of the listed criteria, it nonetheless requires that 
each of the characteristics listed in subparagraphs 
2007(a)(1)(A) through (J) be considered as part of the 
assessment of threat, vulnerability, and consequences from acts 
of terrorism faced by the State or high-risk urban area. The 
Conference substitute also provides that the Administrator may 
consider additional factors beyond those listed, as specified 
in writing, in assessing a State or high-risk urban area's 
risk.
Section 2008. Use of funds
      Section 2005 of the House bill lists authorized uses of 
covered grants and prohibits the use of grant funds to supplant 
State or local funds, to construct physical facilities, to 
acquire land, or for any State or local government cost sharing 
contribution. This section also requires each covered grant 
recipient to submit annual reports on homeland security 
spending and establishes penalties for States that fail to pass 
funds through to local governments within 45 days of receipt of 
grant funds.
      There is no comparable Senate provision. Instead, the 
Senate bill authorizes eligible uses of funds for each grant 
program individually and provides for limitations on the use of 
grant funds under Section 2007 of the Senate bill.
      The Conference substitute adopts the House provision, 
with modifications. The Conference substitute authorizes grant 
funds under sections 2003 and 2004 to be used for a number of 
uses including planning, training, exercises, protecting 
critical infrastructure, purchasing equipment, and paying 
personnel costs associated with both straight time and overtime 
and backfill, in addition to any allowable use in the FY 2007 
grant guidance for the State Homeland Security Grant Program, 
the Urban Area Security Initiative (including activities 
permitted under the full-time counterterrorism staffing pilot), 
or the Law Enforcement Terrorism Prevention Program. The 
Conference substitute authorizes grant recipients to use up to 
50 percent of their grant funds for overtime and straight 
personnel costs because prevention and protection activities 
are personnel intensive. Nonetheless, the needs of communities 
vary considerably, and the Conferees anticipate that many, if 
not most, recipients will not need to devote the maximum 
allowable funding to personnel costs. The Conferees encourage 
grant recipients to also emphasize planning, training, and 
exercising in their spending plans.
      It is important to note that the Conferees are concerned 
about audits and news reports illustrating some inappropriate 
uses of grant funds since the programs' inception. The 
Conferees, therefore, emphasize language in the Conference 
substitute that prohibits grant recipients from using their 
funding for social and recreational purposes.
      Finally, the Conferees note the provision permitting 
grant recipients to use their funding for multiple purposes. To 
be clear, the Conferees do not intend for grant recipients to 
use their funding solely to prepare for natural disasters. The 
programs authorized in this title are for counter-terrorism 
purposes. Nevertheless, the Conferees recognize that many of 
the planning, training, exercising, and equipment needs of 
jurisdictions are similar, if not identical, for natural 
disasters, acts of terrorism, and other man-made disasters, and 
that, although some preparations for terrorist threats require 
unique plans and capabilities, many will be part of overall 
all-hazards preparedness. Therefore, although the use of grant 
funds under these programs must further a jurisdiction's 
counter-terrorism activities and programs, the Conferees expect 
and encourage such jurisdictions to engage in activities, such 
as evacuation exercises, that will contribute to preparedness 
for both terrorist and non-terrorist events and not to hesitate 
to use, for example, equipment purchased for counter-terrorism 
purposes to respond to a non-terrorist incident.

                   Subtitle B--Grants Administration

Section 2021. Administration and coordination
      There is no comparable House provision.
      Section 2007 of the Senate bill requires the 
Administrator to ensure that the recipients of grants 
administered by the Department coordinate their activities 
regionally, including across State boundaries where 
appropriate, and that State and urban recipients establish a 
planning committee including relevant stakeholders to assist in 
the preparation and revision of area homeland security plans. 
This section also requires that the Department coordinate with 
other relevant Federal agencies to develop a proposal to 
coordinate the reporting and other requirements for homeland 
security assistance programs across the Federal government to 
avoid duplication and undue burdens on State, local, and tribal 
governments.
      The Conference substitute adopts the Senate provision, as 
modified.
      The Conference substitute includes a provision requiring 
States and high-risk urban areas receiving grants under the 
State Homeland Security Grant Program or the Urban Area 
Security Initiative to establish a planning committee if they 
have not already done so. The Conferees are aware that many 
multi-jurisdictional councils of governments, regional planning 
commissions and organizations, development districts, and 
consortiums have responsibility for implementing emergency 
response plans and coordinating cross-jurisdictional response 
capabilities, and urges the Department to support the continued 
use of such entities.
      Because natural disasters, acts of terrorism and other 
man-made disasters do not respect political boundaries, and 
because such events have the potential to overwhelm the 
capabilities of a single jurisdiction, the Conferees believe 
that it is important that there be regional coordination in 
preparing for these events, and the Conference substitute 
requires that the Administrator ensure that grant recipients 
appropriately coordinate with neighboring State, local and 
tribal governments. The Conference does not intend, however, 
that this provide a license to the Administrator to impose 
burdensome requirements on local subgrantees or other small 
communities, and encourages the Administrator to ensure 
regional coordination primarily by working with States, high-
risk urban areas, and other direct recipients of grants.
Section 2022. Accountability
      Section 2005 of the House bill requires recipients of 
grants under the State Homeland Security Grant Program, Urban 
Area Security Initiative, and Law Enforcement Terrorism 
Prevention Program to submit an annual report to the Secretary 
concerning the use and allocation of those grant funds, and 
provides incentives for submission of quarterly reports. It 
also requires that the Secretary submit an annual report to 
Congress concerning the use of funds by grant recipients and 
describing progress made in enhancing capabilities as a result 
of the expenditure of grant funds.
      Section 2008 of the Senate bill requires the 
Administrator to submit annual reports to Congress evaluating 
the extent to which grants have contributed to the progress of 
State, local, and tribal governments in achieving target 
capabilities and providing an explanation of the Department's 
risk methodology. In addition, Section 2009 of the Senate bill 
requires the Inspector General of the Department (the Inspector 
General) to audit all recipients of grants under the State 
Homeland Security Grant Program, Urban Area Security 
Initiative, and Emergency Management Performance Grant program. 
The audits are to be conducted within two years of enactment of 
the bill or receipt of such a grant, and be made publicly 
available on the website of the Inspector General. The 
Inspector General is also required to audit each entity that 
received a preparedness grant from the Department prior to 
enactment of this legislation.
      The Conference substitute adopts the Senate provision, as 
modified. Among other things, the Conference substitute 
requires that at least every two years, the Administrator 
conduct a programmatic and financial review of each State and 
high-risk urban area receiving a grant administered by the 
Department to examine whether grant funds are being used 
properly and effectively. It requires further that the 
Inspector General follow up these agency reviews by conducting 
independent audits of a sample of States and high-risk urban 
areas each year. The Inspector General is to conduct an audit 
of all States at least once over the next seven years, report 
to Congress on any findings, and post the results of the audits 
on the Internet, taking steps to protect classified and other 
sensitive information. The Conference substitute authorizes 
additional funding to help ensure that the Administrator and 
the Office of the Inspector General are able to carry out these 
oversight and auditing functions. In addition, the Conference 
substitute requires the submission of quarterly and annual 
reports by grant recipients.
      While the Conference acknowledges the importance of 
transparency and therefore requires the public online posting 
of audits in this section, the Conference substitute exempts 
any audit information from being released publicly that 
contains ``sensitive'' information. The Conference emphasizes 
that the sensitive information referred to in this provision is 
information that, while it may not be classified, would be 
detrimental to national security if made public, such as 
information designated as Sensitive Security Information. The 
Conference emphasizes therefore that the term ``sensitive 
information,'' and the associated exemption from public 
disclosure, does not apply to information which a grantee or 
the Department may simply find embarrassing, questionable, 
unlawful, or otherwise suggestive of poor management or 
judgment. That an audit contains sensitive information should 
not be cause to withhold the entire audit from public release, 
but rather the Conference expects that such information would 
merely be redacted from posted audits.
Section 102. Other Amendments to the Homeland Security Act of 2002
      Section 2004(a)(1) of the House bill includes a provision 
requiring the Secretary to coordinate with the National 
Advisory Council and other components of the Department when 
evaluating and prioritizing grant applications.
      Section 2007 of the Senate bill requires that the 
Administrator regularly consult and work with the National 
Advisory Council, an advisory panel of State, local, tribal, 
private and nonprofit officials established under Section 508 
of the Homeland Security Act, on the administration and 
assessment of the Department's grant programs, in order to 
ensure regular and continuing input from State, local and 
tribal governments and emergency response providers and better 
integration of these parties into the grants process.
      The Conference substitute adopts the Senate provision, as 
modified.
Section 103. Amendments to the Post-Katrina Emergency Management Reform 
        Act of 2006
      Section 2005(h)(5)(E) of the House bill requires that 
each recipient of a covered grant include in its annual report 
to the Secretary, information on the extent to which 
capabilities identified in the applicable State homeland 
security plan or plans remain unmet.
      Section 2008(a)(1) of the Senate bill requires that, as a 
component of the annual Federal Preparedness Report required 
under section 652 of the Post-Katrina Emergency Management 
Reform Act, the Administrator report to Congress on the extent 
to which grants administered by the Department have contributed 
to State, local and tribal governments achieving target 
capabilities and have led to the reduction of risk.
      The Conference substitute adopts the Senate provision, as 
modified. Section 103 of the substitute amends section 652 of 
the Post-Katrina Emergency Management Reform Act to require 
that the Administrator conduct an evaluation of the efficacy of 
Department grants in helping States, localities, and tribes 
achieve target capabilities and in reducing risk and to require 
States to report on the extent to which their target 
capabilities remain unmet and assess the resources needed to 
meet preparedness priorities.
Section 104. Technical and conforming amendments
      Section 104 makes technical and conforming amendments to 
the Homeland Security Act of 2002, consistent with those made 
in section 204 of the Senate bill and paragraphs (a)(1)-(4) of 
Section 101 of the House bill.

           TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

      There is no comparable House provision.
      Title IV of the Senate bill reauthorizes the Emergency 
Management Performance Grants (EMPG) Program. In the Senate 
bill, the program provides grants to States to assist State, 
local and tribal governments in preparing for, responding to, 
recovering from, and mitigating against all hazards. The 
section codifies the existing allocation formula for EMPG 
grants in which each State receives 0.75 percent of the total 
appropriation for this program, with the remainder of the 
appropriated funding distributed to States in proportion to 
their population. The Senate bill also specifies allowable uses 
for EMPG grants, and continues the existing cost-sharing 
requirement, whereby the Federal share of an activity's cost 
may not exceed 50 percent.
      The Conference substitute adopts the Senate provision, 
with modifications. Section 201 of this title directs the 
Administrator to continue implementation of an Emergency 
Management Performance Grants program, the Nation's principal 
grant program, to assist State, local, and tribal governments 
in preparing for all hazards. The Conference substitute 
continues this program, as authorized by the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, and authorizes 
appropriations for the program through FY 2012. Section 202 of 
this title amends section 614 of the Stafford Act, concerning 
the Federal share for construction of Emergency Operations 
Centers (EOCs). Section 202 allows the Federal Government to 
finance up to 75 percent of the costs of equipping, upgrading, 
and constructing State or local EOCs. While equipping, 
upgrading, and constructing EOCs are eligible activities under 
the EMPG program, these also remain eligible activities under 
other provisions of Title VI of the Stafford Act, and section 
202 applies the maximum 75 percent Federal cost share to the 
EMPG program and to any other program authorized under Title VI 
of the Stafford Act that provides grants for construction of 
EOCs.

      TITLE III--INTEROPERABLE COMMUNICATIONS FOR FIRST RESPONDERS

Section 301. Interoperable Emergency Communications Grant Program
      Section 201 of the House bill amends Title V of the 
Homeland Security Act of 2002 by creating a stand-alone 
interoperability grant program at the Department of Homeland 
Security (the Department or DHS). This provision directs the 
Secretary of Homeland Security (the Secretary), acting through 
the Office of Grants and Training, in coordination with the 
Director of Emergency Communications, to establish the Improved 
Communications for Emergency Response (ICER) grant program to 
improve emergency communications among State, regional, 
national, and, in some instances, international border 
communities. The provision provides that the ICER grant program 
would be established the first fiscal year after the Department 
met the following requirements: the completion of and delivery 
to Congress of the National Emergency Communications Plan; the 
completion of the baseline interoperability assessment, and the 
determination by the Secretary that substantial progress has 
been made with regard to emergency communications equipment and 
technology standards. Further, the provision states that the 
ICER grants may be used for planning, design and engineering, 
training and exercises, technical assistance, and other 
emergency communications activities deemed integral to 
emergency interoperable communications by the Secretary.
      Section 301 of the Senate bill amends Title XVIII of the 
Homeland Security Act of 2002 by creating a grant program 
administered by the Federal Emergency Management Agency (FEMA) 
dedicated to improving operable and interoperable emergency 
communications at local, regional, State, Federal and, where 
appropriate, international levels. In applying for the grants, 
States would have to demonstrate that the grants would be used 
in a manner consistent with their Statewide interoperability 
plans and the National Emergency Communications Plan. The 
States would be required to pass at least 80 percent of the 
total amount of the grants they receive, or the functional 
equivalent, to local and tribal governments. Section 301 
requires that each State receive not less than 0.75 percent of 
the total funds appropriated for the grant program in any given 
year. Further, Section 301 authorizes $3.3 billion for the 
grant program for the first five years: $400 million in Fiscal 
Year 2008; $500 million in Fiscal Year 2009; $600 million in 
Fiscal Year 2010; $800 million in Fiscal Year 2011; and $1 
billion in Fiscal Year 2012.
      The Conference substitute adopts the Senate provision by 
amending Title XVIII of the Homeland Security Act to require 
that the Secretary establish the Interoperable Communications 
Grant Program to make the grants to States. The Conference 
Report clarifies the Senate's all-hazards approach for the use 
of the grants by stating that the grants should be used to 
carry out initiatives to improve ``interoperable emergency 
communications, including the collective response to natural 
disasters, acts of terrorism, and other man-made disasters.''
      The Conference substitute clarifies that the Office of 
Emergency Communications is responsible for ensuring that the 
grants awarded under this section are consistent with the 
policies established by the Office of Emergency Communications 
in accord with its statutory authority and that the activities 
funded by the grants must be consistent with the Statewide 
interoperable communications plans and comply with the National 
Emergency Communication Plan, when completed. The Conference 
substitute further makes clear that FEMA will administer the 
grant program pursuant to its responsibilities and authorities 
under law. It is the intent of the Conferees that FEMA 
administer the grant program in a manner that is consistent 
with the policies established by the Office of Emergency 
Communications. FEMA shall provide applicants a reasonable 
opportunity to correct defects in the application, if any, 
before making final awards.
      The Conference substitute modifies the House and Senate 
provisions to clarify that the grants administered under this 
section shall be used for activities determined by the 
Secretary of the Department to be integral to interoperable 
communications. Because of a concern about the potential for 
fraud, waste, and abuse, the Conferees expect the Department to 
institute aggressive oversight and accountability measures to 
ensure that grantees under this section use the funds in a 
manner that advances the standards outlined in the SAFECOM 
interoperability continuum, including but not limited to 
governance, standard operating procedures, technology, training 
and exercises, and usage. Moreover, the Conference substitute 
states that recipients of grant funds under this program are 
prohibited from using grants for recreational or social 
purposes. Nor may grantees use these funds to supplant State or 
local funds, or to meet cost-sharing contributions. The 
Conference substitute gives the Secretary clear authority to 
take ``such actions as necessary'' to ensure that the grant 
funds are being used for their intended purpose.
      Grants awarded pursuant to the Interoperable Emergency 
Communications Grant Program may be used for operable 
communications--the ability of emergency response providers and 
relevant government officials to continue to communicate in the 
event of natural disasters, acts of terrorism, and other man-
made disasters--if the Director of Emergency Communications 
reports to the Secretary of the Department of Homeland Security 
that a national baseline level of interoperability has been 
achieved, or if the Director of Emergency Communications finds 
that an applicant's specific request for grant funds for 
operability is critical and necessary to achieve 
interoperability.
      The Conference substitute requires that before a State 
may receive a grant under this section, the Director of the 
Office of Emergency Communications shall approve the State's 
statewide interoperable communications plan required under 
section 7303(f) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. Sec. 194(f)). The Conferees 
intend it to be the responsibility of the Director of Emergency 
Communications to ensure that the State-wide interoperability 
plans are designed to advance interoperability at all levels of 
government, consider applicable local and regional plans, and 
comply with the National Emergency Communications Plan, when 
complete. The Conference substitute provides that each State 
that receives a grant under this section shall certify that the 
grant is used for the intended purposes of the grant program.
      The Conferees agreed to remove the Senate provision 
related to a review board to assist in reviewing the grant 
applications since the Department has entrusted that 
responsibility to peer review groups made of emergency 
communication experts.
      The Conference substitute reflects the agreed-upon 
authorization of $1.6 billion for the grant program under this 
section which shall be allocated over five fiscal years 
beginning in Fiscal Year 2008, after the completion of the 
National Emergency Communications Plan and its submission to 
Congress. The Conference substitute authorizes such sums as 
necessary for each fiscal year following the initial five year 
period. The Conferees agree that to ensure that grants are 
spent on effective measures to improve interoperability, the 
Secretary may not award a grant under this section for the 
purchase of equipment that does not meet applicable voluntary 
consensus standards, to the extent that such standards exist, 
unless the State demonstrates a compelling reason. The 
Conference substitute adopts the Senate provision, with 
modifications, that States receiving a grant under this section 
shall pass through 80 percent of the grant funds, or the 
functional equivalent, to local and tribal governments. The 
Conference substitute prohibits States from imposing 
unreasonable or unduly burdensome requirements on tribal 
governments as a condition of providing grant funds or 
resources.
      The Conference substitute outlines the funding formula 
for the distribution of grant dollars to ensure that each State 
receives a minimum of funds for each fiscal year as follows: 
0.50 percent for Fiscal Year 2008; 0.50 percent for Fiscal Year 
2009; 0.45 percent for Fiscal Year 2010; 0.40 percent for 
Fiscal Year 2011; and 0.35 percent for Fiscal Year 2012 and 
each subsequent fiscal year. The territories of the United 
States are to receive no less than 0.08 percent of the total 
amount appropriated for grants under this title for each fiscal 
year.
      The Conference substitute modifies the Senate's provision 
regarding the annual reporting requirement of States that 
receive grants. Reports to the Office of Emergency 
Communications shall be made publicly available, subject to 
redactions necessary to protect classified or other sensitive 
information. The Conference substitute requires that the Office 
of Emergency Communications submit to Congress an annual report 
detailing how the grants under this section facilitate the 
implementation of the Statewide interoperability plans and 
advance interoperability at all levels of government.
Section 302. Border interoperability demonstration project
      There is no comparable House provision.
      Section 302 of the Senate bill establishes an 
international border demonstration project involving at least 
six pilot projects aimed at improving interoperability along 
the U.S.-Canada and U.S.-Mexico borders.
      The Conference substitute adopts the Senate provision, 
with modifications. The Senate provision establishes in the 
Department the International Border Community Interoperable 
Communications Demonstration Project. The Conference has agreed 
that the demonstration project will be carried out by the 
Office of Emergency Communications at the Department in 
coordination with the Federal Communications Commission and the 
Department of Commerce. The Conference directs that the 
demonstration project may only proceed after the Federal 
Communications Commission and the Department of Commerce have 
agreed upon the availability of the necessary spectrum 
resulting from the 800 megahertz rebanding process in the 
affected border areas.
      The Conference substitute directs the Office of Emergency 
Communications to foster local and tribal, State and Federal 
interoperable communications in those communities selected for 
demonstration projects. The Office of Emergency Communications 
is also directed to identify solutions to facilitate 
interoperable communications across the national borders, 
provide technical assistance, and ensure the emergency 
responders can communicate in the event of natural disasters, 
acts of terrorism, and other man-made disasters. The Conference 
agrees that the Director of the Office of Emergency 
Communications shall receive a report from each State receiving 
funds under this section within 90 days of receiving the funds. 
The Conference substitute specifies that the Director may not 
fund a demonstration project for more than three years.

                   TITLE IV--INCIDENT COMMAND SYSTEM

Section 401. Definitions
      There is no comparable House provision.
      Section 1002 of the Senate bill includes several 
definitions relevant to credentialing and typing.
      The Conference substitute adopts the Senate provision 
with minor modifications.
Section 402. National exercise program design
      Section 301 of the House bill strengthens the design of 
the national exercise program to require the program to enhance 
the use and understanding of the Incident Command System (ICS).
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision.
Section 403. National exercise program model exercises
      Section 302 of the House bill strengthens the national 
exercise program to enhance the use and understanding of ICS by 
requiring that the national exercise program include model 
exercises for use by State, local and tribal governments.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision with 
minor modifications.
Section 404. Preidentifying and evaluating multijurisdictional 
        facilities to strengthen incident command; private sector 
        preparedness
      Section 1001 of the Senate bill and section 303 of the 
House bill both contain language making it a responsibility of 
the Federal Emergency Management Agency (FEMA) regional 
directors to work with State and local governments to pre-
identify sites where multi-jurisdictional incident command can 
be established. Additionally, section 1001 of the Senate bill 
creates a responsibility for FEMA regional directors to 
coordinate with the private sector to ensure private sector 
preparedness.
      The Conference substitute adopts these provisions.
Section 405. Federal response capability inventory
      There is no comparable House provision.
      Section 1002 of the Senate bill establishes a database of 
all Federal personnel and resources credentialed and typed that 
are likely needed to respond to a natural disaster, act of 
terrorism, or other man-made disaster.
      The Conference substitute adopts the Senate provision 
with modifications integrating it into the Federal Response 
Capability Inventory established by the Post-Katrina Emergency 
Management Reform Act of 2006.
Section 406. Reporting requirements
      There is no comparable House provision.
      Section 1002 of the Senate bill requires an annual report 
to the Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security of the 
House of Representatives detailing the number and 
qualifications of Federal personnel trained and ready to 
respond to a natural disaster, act of terrorism or other man-
made disaster. This section also requires the Administrator to 
evaluate whether the list of credentialed FEMA personnel 
complies with the strategic human capital plan established by 
the Post-Katrina Emergency Management Reform Act of 2006.
      The Conference substitute adopts the Senate provision 
with modifications which integrate the provisions into the 
reporting requirements of the Post-Katrina Emergency Management 
Reform Act of 2006.
Section 407. Federal preparedness
      There is no comparable House provision.
      A critical component of any incident command system is 
the use of common terminology for disaster response resources 
to ensure the correct resources are deployed to and used in an 
incident. Credentialing and typing involves using a common 
naming system to classify the capabilities or attributes of 
personnel and equipment, and is a fundamental part of the ICS. 
In order to fully implement ICS, section 1002 of the Senate 
bill requires DHS to establish standards for credentialing and 
typing personnel and other assets likely to be used to respond 
to disasters.
      The Conference substitute adopts the Senate provision 
with modifications, amending the Post-Katrina Emergency 
Management Act to clarify that the typing and credentialing 
provisions will be used to enhance our national preparedness 
system. The Conference agrees that the typing and credentialing 
provisions are an essential part of enhancing our national 
preparedness system and that once completed, such data must be 
regularly updated so that an inventory of available resources 
is available to the Administrator of FEMA to aid in preparing 
for and responding to disasters.
Section 408. Credentialing and typing
      There is no comparable House provision.
      Section 1002 of the Senate bill requires DHS to establish 
standards for credentialing and typing personnel and other 
assets likely to be used to respond to disasters. Once the 
standards have been developed, the language requires DHS and 
other Federal agencies with responsibilities under the National 
Response Plan to type, credential, and inventory personnel and 
resources likely to be used in disaster response, to allow FEMA 
to be able to effectively coordinate the deployment and use of 
Federal resources in disaster response. The Senate bill also 
directs FEMA to distribute standards to Federal agencies with 
responsibilities under the National Response Plan, and State 
and local governments.
      The Conference substitute adopts the Senate provisions 
with some modifications, requiring Federal agencies to 
credential and type incident management personnel, emergency 
response providers, and other personnel (including temporary 
personnel) and resources likely needed to respond to a 
disaster. The Conference substitute also requires the 
Administrator of FEMA to distribute standards and detailed 
written guidance to Federal, State, local, and tribal 
governments that may be used by such governments to credential 
and type incident management personnel, emergency response 
providers, and other personnel (including temporary personnel) 
and other resources likely needed to respond to disasters.
Section 409. Model standards and guidelines for critical infrastructure 
        workers
      There is no comparable House provision.
      Section 1002 of the Senate bill requires FEMA, working 
with Federal, State, local, and tribal governments, and the 
private-sector to establish model standards and guidelines for 
credentialing critical infrastructure workers that may be used 
by a State to credential critical infrastructure workers that 
may respond to disasters.
      The Conference substitute adopts the Senate language with 
minor modifications. The Conference notes that responsibility 
and authority for access of critical infrastructure workers to 
disaster sites generally resides with State and local 
governments, except in limited circumstances, and that this 
section does not alter those responsibilities and authorities.
Section 410. Authorization of appropriations
      There is no comparable House provision.
      Section 1002 of the Senate bill authorizes the 
appropriation of such sums as necessary to carry out the 
section.
      The Conference substitute adopts the Senate language with 
minor modifications.

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

Section 501. Homeland security information sharing
      Section 723 of the House bill includes several provisions 
to improve homeland security information sharing. Among other 
things, it directs the Secretary of Homeland Security (the 
Secretary), acting through the Under Secretary for Intelligence 
and Analysis, to establish a comprehensive information 
technology network architecture for the Department of Homeland 
Security's (the Department or DHS) Office of Intelligence and 
Analysis; requires the Secretary to submit an implementation 
plan and progress report to Congress in order to monitor the 
development of that architecture; and encourages its developers 
to adopt the functions, methods, policies, and network 
qualities recommended by the Markle Foundation.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, 
with modifications. It deletes the reference to an 
implementation plan for the comprehensive information 
technology network architecture and instead includes new text 
to reflect the purpose of that architecture: to connect the 
various databases and related information technology assets of 
the Office of Intelligence and Analysis and the intelligence 
components of the Department in order to promote internal 
information sharing within the Department. The Conference 
substitute likewise deletes references to the Markle 
Foundation. The Conference nevertheless concurs that the 
architecture in question should, to the extent possible, 
incorporate the approaches, features, and functions of the 
information sharing network proposed by the Markle Foundation 
in reports issued in October 2002 and December 2003, known as 
the System-wide Homeland Security Analysis and Resource 
Exchange (SHARE) Network.
      The Conference substitute also directs the Secretary to 
designate ``Information Sharing and Knowledge Management 
Officers'' within each intelligence component to coordinate 
information sharing efforts and assist the Secretary with the 
development of feedback mechanisms to State, local, tribal, and 
private sector entities. The Conference concurs that the 
Department's outreach to State, local, and tribal intelligence 
and law enforcement officials has been haphazard and often 
accompanied by less than timely results. While it can point to 
many successful examples of coordination and collaboration with 
State, local, tribal, and private sector officials, the Office 
of Intelligence and Analysis must increase its involvement with 
them and appropriately incorporate their non-Federal 
information into the Department's intelligence products. In 
addition, it is essential that the Department provide feedback 
to these non-Federal partners--both to encourage their 
contributions going forward and to provide helpful guidance for 
future contributions. The information sharing and knowledge 
management officers under this section should play a key role 
in helping to address these gaps.
Section 502. Intelligence component defined
      Section 723 of the House bill defines ``intelligence 
component of the Department'' as ``any directorate, agency, or 
element of the Department that gathers, receives, analyzes, 
produces, or disseminates homeland security information'' 
except: (1) ``a directorate, agency, or element of the 
Department that is required to be maintained as a distinct 
entity'' under the Homeland Security Act of 2002 (6 U.S.C. 
101); and (2) ``any personnel security, physical security, 
document security, or communications security program within 
any directorate, agency, or element of the Department.''
      Although Section 111 of the Senate bill includes a 
similar definition for ``intelligence component of the 
Department,'' it does not include either of the two exceptions 
enumerated by the House provision.
      The Conference substitute adopts the House provision, 
with modifications. In order to capture all of the intelligence 
information being gathered, received, analyzed, produced, or 
disseminated that might qualify an element or entity of the 
Department as an ``intelligence component,'' the Conference has 
chosen to refer to that universe of information as 
``intelligence information within the scope of the information 
sharing environment, including homeland security information, 
terrorism information, and weapons of mass destruction 
information, or national intelligence * * *'' This phrase 
appears numerous times throughout the Conference substitute.
      The Conference is aware that the Conference substitute 
defines ``terrorism information'' to include ``weapons of mass 
destruction information'' in section 504 of the Conference 
substitute. The Conference, nevertheless, has included both 
terms when describing ``intelligence information within the 
scope of the information sharing environment'' for illustrative 
purposes. This phrase should not be interpreted to give the 
term ``weapons of mass destruction information'' any meaning 
other than the definition for it provided in section 504 of the 
Conference substitute.
      The Conference substitute establishes the position of 
Under Secretary for Intelligence and Analysis to replace the 
Assistant Secretary for Information Analysis, commonly known as 
the Department's Chief Intelligence Officer. The Under 
Secretary shall also serve as the Department's Chief 
Intelligence Officer. Through the Secretary, the Under 
Secretary shall be given new responsibilities, in addition to 
those of the Assistant Secretary for Information Analysis, in 
order to drive a common intelligence mission at the Department 
that involves the full participation of the Department's 
intelligence components.
      The Conference substitute carves out the United States 
Secret Service from the definition of ``intelligence component 
of the Department'' entirely. Subsection (b) nevertheless would 
require that the Secret Service share all homeland security 
information, terrorism information, weapons of mass destruction 
information, national intelligence, or suspect information 
obtained in criminal investigations with the Under Secretary 
for Intelligence and Analysis. In addition, the United States 
Secret Service will cooperate with the Under Secretary 
concerning information sharing and information technology 
activities outlined in sections 204 and 205 of the Homeland 
Security Act of 2002. The Conference also expects that the 
Secret Service will provide training and guidance to its 
employees, officials, and senior executives in a manner that is 
comparable to the training provided to intelligence component 
personnel under section 208 of the Homeland Security Act of 
2002.
      The Conference intends that the United States Secret 
Service should participate to the fullest extent in the 
integration and management of the intelligence enterprise of 
the Department. Given unique operational equities of the United 
States Secret Service, however, the Conference does not believe 
that it is appropriate to specifically identify the United 
States Secret Service as an ``intelligence component'' of the 
Department. The provision also clarifies that nothing in this 
Act interferes with the position of the United States Secret 
Service as a ``distinct entity'' within the Department.
      Subsection (b) carves out the Coast Guard from the 
definition of ``intelligence component of the Department'' when 
it is engaged in certain activities or acting under or pursuant 
to particular authorities. The Conference concurs that nothing 
in this section shall provide the Under Secretary for 
Intelligence and Analysis with operational or other tasking 
authority over the Coast Guard. The Conference nevertheless 
believes that the Coast Guard should collaborate and 
participate in the intelligence enterprise of the Department of 
Homeland Security.
Section 503. Role of intelligence components, training, and information 
        sharing
      Section 742 of the House bill delineates several key 
responsibilities for the head of each intelligence component of 
the Department regarding support for, and coordination and 
cooperation with, the Under Secretary for Intelligence and 
Analysis in the areas of acquisition, analysis, and 
dissemination of homeland security information; performance 
appraisals, bonus or award recommendations, pay adjustments, 
and other forms of commendation; recruitment and selection of 
intelligence officials of intelligence components detailed to 
the Office of Intelligence and Analysis; reorganization and 
restructuring of intelligence components; and program and 
policy compliance.
      Section 114 of the Senate bill, in turn, establishes 
information sharing incentives for employees and officers 
across the Federal Government by providing the President and 
agency heads with the discretion to consider, when making cash 
awards for outstanding performance, an employee's or officer's 
success in sharing information within the scope of the 
information sharing environment (ISE) described in Section 1016 
of the Intelligence Reform and Terrorism Prevention Act of 2004 
(6 U.S.C. 485). It also requires agency and department heads to 
adopt best practices to educate and motivate employees and 
officers to participate fully in that environment--through, 
among other things, promotions, other nonmonetary awards, and 
recognition for a job well done.
      The Conference substitute combines the House and Senate 
provisions, with modifications.
      The Conference concurs that creating these additional 
responsibilities for the heads of the intelligence components 
will institute a clearer relationship between the Under 
Secretary for Intelligence and Analysis and the intelligence 
components of the Department. Successful implementation of this 
section should result in a strengthened departmental 
intelligence capability allowing information and intelligence 
to be seamlessly fused into intelligence products that are 
truly National. It would integrate information obtained at 
America's land and maritime borders; from State and local 
governments; and including intelligence on ports, mass transit 
facilities, chemical plants, and other critical infrastructure. 
While the Department has taken many solid steps in this 
direction since the completion of the Second Stage Review in 
July 2005, the Conference believes that the Secretary must 
redouble efforts to better integrate the intelligence 
components of the Department internally.
      The Conference notes that one of the greatest challenges 
to establishing the ISE is conveying its importance to 
employees and officers across the Federal Government who are 
being asked to do something new and--in many cases--foreign to 
them. Incentives will motivate many such employees and officers 
to educate themselves about the guidelines, instructions, 
policies, procedures, and standards that are applicable to the 
ISE and how their particular agency or department is 
incorporating them into its culture. The Conference observes, 
however, that nothing in this section should be construed to 
prohibit an agency or department head, in consultation with the 
program manager of the ISE under section 1016 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 
U.S.C. 485) (``ISE Program Manager''), from prescribing 
appropriate penalties for failing to participate fully in the 
ISE.
Section 504. Information sharing
      There is no comparable House provision.
      Section 112 of the Senate bill amends section 1016 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 by 
broadening the definition of ``terrorism information'' to 
include both homeland security information and weapons of mass 
destruction information and by defining ``weapons of mass 
destruction information.'' Senate Section 112 likewise 
eliminates the temporary terms of both the ISE Program Manager 
and the Information Sharing Council, set to expire in April 
2007, and makes them permanent. Additionally, it enhances the 
ISE Program Manager's government-wide authority not only by 
clarifying the Program Manager's existing authority over the 
information sharing activities of Federal agencies but also by 
establishing new authorities to (1) issue government-wide 
information sharing standards; (2) identify and resolve 
information sharing disputes; and (3) identify to the Director 
of National Intelligence appropriate personnel from agencies 
represented on the Information Sharing Council for detail 
assignments to the Program Manager to support staffing needs. 
Senate Section 112 also authorizes up to 40 FTEs and 
$30,000,000 in each of the next two fiscal years to support the 
Program Manager. Finally, it requires the government to report 
on the feasibility of eliminating Originator Control markings, 
adopting an authorized use standard for information sharing, 
and using anonymized data to promote information sharing.
      The Conference substitute adopts the Senate provision, 
with modifications. Among other things, it excludes ``homeland 
security information'', as defined in Section 892(f) of the 
Homeland Security Act of 2002, from the definition of 
``terrorism information''. The specialized missions of the 
Department create for it a unique role within the larger 
Intelligence Community that requires, among other things, 
specific information for preventing, interdicting, and 
disrupting terrorist activity and securing the homeland in the 
aftermath of a terrorist attack. Accordingly, the Conferees 
concur that ``homeland security information'' is sufficiently 
distinct from the more broadly defined ``terrorism 
information'' to merit keeping the definitions separate.
Section 511. Department of Homeland Security State, Local, and Regional 
        Fusion Center Initiative
      Section 732 of the House bill directs the Secretary to 
establish a DHS State, Local, and Regional Fusion Center 
Initiative to coordinate the Department's intelligence efforts 
with State, local, and regional fusion centers; assist fusion 
centers with carrying out their homeland security duties; 
facilitate information sharing efforts between fusion centers 
and the Department; encourage nationwide and integrated 
information sharing among fusion centers themselves; and 
incorporate robust privacy and civil liberties safeguards and 
training into fusion center operations.
      Section 121 of the Senate bill contains comparable 
language.
      The Conference concurs that the DHS State, Local, and 
Regional Fusion Center Initiative is key to Federal information 
sharing efforts and must succeed in order for the Department to 
remain relevant in the blossoming State and local intelligence 
community. State, local, and regional fusion centers are being 
successfully established across the country by State and local 
law enforcement and intelligence agencies. The Conference 
agrees that the Department's Office of Intelligence and 
Analysis, which has a primary responsibility for sharing 
information with State, local, and regional officials, needs to 
play a stronger, more constructive role in assisting these 
centers and are pleased to see that the Department has begun 
doing so. However, the Department must act quickly, thoroughly, 
and cooperatively in order to provide the maximum amount of 
support for these centers.
      The Conference applauds the State, local, and regional 
efforts to make fusion centers a reality and the dedication of 
those who staff those centers. The Conference notes, however, 
that although fusion centers are led, operated, and otherwise 
run by States and localities, there is a need for a common 
baseline of operations at fusion centers in order to attain not 
only their full potential but also the full potential of the 
various initiatives undertaken in the Conference agreement. The 
Conference expects that the grant process established in the 
Conference substitute, the qualifying criteria for fusion 
centers wishing to participate in the DHS State, Local, and 
Regional Fusion Center Initiative, and the guidelines for 
fusion centers included in the Conference substitute will all 
help create a common baseline of operations for fusion centers 
that will ensure their success into the future.
      The Conference substitute adopts Section 121 of the 
Senate bill, with modifications, to reflect the key 
functionalities and priorities of the Border Intelligence 
Fusion Center Program established in Section 712 of the House 
bill. That Program was designed to provide the Department with 
a more robust ``border intelligence'' capability--a capability 
essential to improving the Department's ability to interdict 
terrorists, weapons of mass destruction, and related contraband 
at America's land and maritime borders. The Conference concurs 
that the Department can make better use of its resources, and 
obtain better situational awareness of terrorist threats at or 
involving those borders, by partnering more effectively with 
State, local, and tribal law enforcement officers in relevant 
jurisdictions. With better information sharing, those officers 
can act as ``force multipliers'' that may very well help 
prevent the next terrorist attack from abroad.
      The Conference believes that by deploying officers and 
intelligence analysts from United States Customs and Border 
Protection (CBP), United States Immigration and Customs 
Enforcement (ICE), and the Coast Guard to fusion centers 
participating in the Program, the Department can increase its 
capacity to create accurate, actionable, and timely border 
intelligence products aimed at this threat. In order to 
maximize their effectiveness, CBP, ICE, and Coast Guard 
officers and analysts creating border intelligence products 
should not only include the input of police and sheriffs' 
officers as part of their process, but also should ensure that 
those products actually respond to the needs of officers in the 
field as expressed by those officers. The Conference 
accordingly believes that the Department personnel assigned to 
fusion centers under this section should communicate with 
State, local, and tribal law enforcement officers not only at 
fusion centers but also in their actual communities where they 
are headquartered.
      While the Conference believes that the Department's 
effort at State, local, and regional fusion centers is a 
critical one that should be encouraged, they note that it is 
not the only such effort. The Federal Bureau of Investigation 
(FBI), for example, has had long-standing relationships with 
State, local, and tribal law enforcement and other emergency 
response providers through Joint Terrorism Task Forces (JTTFs) 
across the country and has established Field Intelligence 
Groups (FIGs) that are, in many cases, colocated with the 
fusion centers. Those relationships have continued through the 
JTTFs, FIGs, and an established and growing FBI presence at 
many fusion centers. Nothing in this section should be 
construed to subordinate the role of the FBI to the 
Department's own efforts with the JTTFs and at fusion centers. 
On the contrary, it is the Conferees hope that the Department, 
the FBI, and other Federal agencies will coordinate as equal 
players at State, local, and regional fusion centers in order 
to form a united Federal partnership with their State and local 
counterparts on the front lines of the nation's homeland 
security efforts.
      Further, the Conference recognizes that the Coast Guard 
is establishing Interagency Operations Command Centers (IOCCs) 
pursuant to the SAFE Port Act and authorized under Section 
70107A of title 46, United States Code. IOCCs are being 
developed as model Federal centers to improve interagency 
cooperation, unity of command, and the sharing of intelligence 
information in a common mission to provide greater protection 
for port and intermodal transportation systems against acts of 
terrorism in the maritime domain. Nothing in this section 
should be construed to subordinate the role of the Coast 
Guard's efforts with the IOCCs.
      Finally, the Conference recognizes, consistent with the 
Fusion Center Guidelines produced jointly by the Department of 
Justice and DHS, the important role of the public safety 
component in the fusion process. Emergency response providers 
are able to provide valuable information to the overall 
intelligence picture; likewise, the fusion process may provide 
advance information that enables essential preparation measures 
to enable a more effective response. Therefore, while the 
Conference stresses that State and local governments must 
ultimately determine the mission, composition, operating 
procedures, and communication channels of fusion centers and 
the fusion process, they emphasize the inherent value in 
including emergency response providers within the governance 
structure making these determinations. Nothing in this section 
is intended to mandate that representatives of the emergency 
response provider community should be physically located in all 
fusion centers or that their mission should shift emphasis from 
the missions of the intelligence and law enforcement 
communities. Rather, the Conference intends that fusion center 
governing boards and the fusion process should be structured so 
as to enable the consideration of nontraditional information 
from emergency response providers in a collaborative 
environment.
Section 512. Homeland Security Information Sharing Fellows Program
      Section 733 of the House bill directs the Secretary, 
through the Under Secretary for Intelligence and Analysis, to 
establish a fellowship program for State, local, and tribal 
officials to rotate into the Office of Intelligence and 
Analysis in order to identify for Department intelligence 
analysts the kinds of homeland security information that are of 
interest to State, local, and tribal law enforcement and other 
emergency response providers; assist Department intelligence 
analysts in writing intelligence reports in a shareable format 
that provides end users with accurate, actionable, and timely 
information without disclosing sensitive sources and methods; 
serve as a point of contact for State, local, and tribal law 
enforcement officers and other emergency response providers in 
the field who want to share information with the Department; 
and assist in the dissemination of homeland security 
information to appropriate end users.
      Section 122 of the Senate bill contains nearly identical 
language.
      The Conference substitute adopts the Senate's provision, 
as modified. The Conference concurs that implementation of this 
section will help break down the cultural barriers to 
information sharing by teaming State, local, and tribal 
homeland security and law enforcement officers with the 
Department intelligence analysts tasked with creating 
intelligence products for them. The Conference notes that this 
section will complement the DHS State, Local, and Regional 
Fusion Center Initiative by providing State, local, and tribal 
officials with better insight and input into the Department's 
information sharing operations and allowing them to play a 
greater role in the Department's information sharing effort.
Section 513. Rural Policing Institute
      There is no comparable House provision.
      Section 123 of the Senate bill creates a ``Rural Policing 
Institute'' that is to be administered by the Federal Law 
Enforcement Training Center. The Institute would provide 
training for local and tribal law enforcement officers located 
in rural areas--defined as those areas not located within 
metropolitan statistical areas, as defined by the Office of 
Management and Budget--and would be tailored to law enforcement 
requirements that are unique to those areas. Section 123 would 
require the inclusion of several law enforcement topics in the 
curriculum, including methamphetamine addiction and 
distribution, domestic violence, and law enforcement response 
to school shootings. It likewise requires an assessment of 
these and other requirements and the development of a 
curriculum to address those requirements. Section 123 
authorizes $10 million for Fiscal Year 2008 for the 
administration of the program and $5 million for each of Fiscal 
Years 2009 through 2013.
      The Conference substitute adopts the Senate provision, 
with modifications. It broadens the Institute's focus to 
encompass not only law enforcement agencies but also other 
emergency response providers located in rural areas. Moreover, 
it deletes the references to training related to specific 
criminal offenses, and replaces them with training programs 
with a greater focus on homeland security in the areas of 
intelligence-led policing and protections for privacy, civil 
right, and civil liberties.
Section 521. Interagency Threat Assessment and Coordination Group
      There is no comparable House provision.
      Section 131 of the Senate bill directs the Information 
Sharing Environment (ISE) Program Manager to oversee and 
coordinate the creation of an Interagency Threat Assessment and 
Coordination Group (ITACG) that has as its primary mission the 
production of Federally coordinated products derived from 
information within the scope of the ISE for distribution to 
State, local, and tribal government officials and the private 
sector. Section 131 of the Senate bill locates the ITACG at the 
National Counterterrorism Center (NCTC) and directs the 
Secretary to assign a senior level officer to manage and direct 
the administration of the ITACG; to determine how specific 
products should be distributed to end users; and to establish 
standards for the admission of law enforcement and intelligence 
officials from State, local, or tribal governments into the 
ITACG. Section 131 of the Senate bill further prescribes the 
membership of the ITACG--including State, local, and tribal law 
enforcement and intelligence officials--and directs the ISE 
Program Manager to establish criteria for the selection of 
those officials and for the proper handling and safeguarding of 
information related to terrorism.
      The Conference substitute adopts the Senate provision, 
with modifications. The Conference notes that the ITACG has 
roots in, among other places, the ISE Implementation Plan (the 
Plan) prepared by the ISE Program Manager in November 2006 to 
ensure the timely and effective production, integration, 
vetting, sanitization, and communication of terrorism 
information to the Federal Government's State, local, and 
tribal partners. The Plan explained that a ``primary purpose of 
the ITACG will be to ensure that classified and unclassified 
intelligence produced by Federal organizations within the 
intelligence, law enforcement, and homeland security 
communities is fused, validated, deconflicted, and approved for 
dissemination in a concise and, where possible, unclassified 
format'' to State, local, and tribal officials. The ISE Program 
Manager envisioned having the ITACG based at the NCTC and 
managed on a day-to-day basis by a senior Department official. 
The ISE Program Manager likewise envisioned that the Department 
and the Department of Justice would share the decision-making 
authority regarding how to disseminate various types of 
information to State, local, and tribal officials and the 
private sector.
      The Conference substitute bifurcates the ITACG into two 
distinct entities. The first entity, an ITACG Advisory Council 
chaired by the Secretary or the Secretary's designee, shall set 
policy and develop processes for the integration, analysis, and 
dissemination of Federally-coordinated information within the 
scope of the ISE, including homeland security information, 
terrorism information, and weapons of mass destruction 
information. The second entity, an ITACG Detail created by the 
Secretary and managed by a senior Department intelligence 
official, shall be comprised of State, local, and tribal 
homeland security and law enforcement officers detailed to work 
in the NCTC with NCTC and other Federal intelligence analysts. 
Participants in the ITACG Detail shall integrate, analyze, and 
assist the dissemination of the aforementioned information to 
appropriate State, local, tribal, and private sector end users.
      The Conference strongly believes that the ITACG presents 
the Department with a unique opportunity to realize its mission 
as the primary source of accurate, actionable, and timely 
homeland security information for its State, local, tribal and 
private sector partners that Congress had originally envisioned 
in the Homeland Security Act of 2002 (6 U.S.C. 101). The 
Department should seize the moment. The ITACG will provide the 
Department and the wider Intelligence Community with an 
unmatched ability to identify information that is of interest 
and utility to those partners; produce reports which can be 
disseminated to them in an unclassified format or at the lowest 
possible classification level; and assist in the targeted 
dissemination of particular intelligence products to 
appropriate end users. By building upon the Department's 
customer service approach to information sharing, Department 
leadership of the ITACG will help the Department and other 
Federal agencies co-located at the NCTC to leverage their 
existing ties with their State, local, tribal, and private 
sector counterparts and ultimately invigorate the two-way flow 
of information with them that the 9/11 Commission identified as 
critical to making the homeland more secure.
      While the Secretary will play the primary role in 
establishing and maintaining the ITACG Detail and shall detail 
a senior intelligence official from the Department to manage 
its day-to-day activities, the Department is reminded that it 
is a guest in the NCTC. As direct reports to the Director of 
the NCTC, the senior intelligence official from the Department 
and the ITACG detailees themselves must comply with all 
policies, procedures, and rules applicable to other staff 
working in the NCTC--including any mandatory polygraph 
examination for NCTC staff. Neither the ITACG Advisory Council 
nor the ITACG Detail are in any way intended to impede, 
replicate, or supplant the analytic and/or production efforts 
of the NCTC, nor are they intended to duplicate, impede, or 
otherwise interfere with existing and established 
counterterrorism roles and responsibilities.
      With regard to the preparation, review, and dissemination 
of products from the ITACG Detail, it is the Conference's 
intent that those products be subject to the same policies, 
procedures, and rules applicable to NCTC products. Pursuant to 
102A(f)(1)(B)(iii) and 119(f)(E) of the National Security Act 
of 1947 (50 U.S.C. 402 et seq.), it is the Conference's further 
intent that the Director should act as a gatekeeper when 
providing products prepared by the ITACG Detail to the 
Department, the Department of Justice, and other appropriate 
agencies for dissemination to State, local, tribal, and private 
sector end users. Nothing in this section should be construed 
to mean that the Director may distribute products prepared by 
the ITACG Detail directly to those end users.
      Finally, the Conference agrees that the privacy and civil 
liberties impact assessment required under this section shall 
specifically address how the ITACG will incorporate the 
Guidelines to Implement Information Privacy Rights and other 
Legal Protections in the Development and Use of the Information 
Sharing Environment released by the President on November 22, 
2006 (Presidential Guidelines) to protect privacy rights and 
civil liberties.
Section 531. Office of Intelligence and Analysis and Office of 
        Infrastructure Protection
      The Homeland Security Act of 2002 (6 U.S.C. 101) created 
an Under Secretary for Information Analysis, assisted by an 
Assistant Secretary for Information and Analysis and an 
Assistant Secretary for Infrastructure Protection, and 
specified the Under Secretary's primary responsibilities. These 
include: (1) receiving and analyzing law enforcement 
information, intelligence, and other lawfully obtained 
information in order to understand the nature and scope of the 
terrorist threat to the United States homeland; (2) integrating 
relevant information to produce and disseminate infrastructure 
vulnerabilities assessments; (3) analyzing that information to 
identify and prioritize the types of protective measures to be 
taken; (4) making recommendations for information sharing and 
developing a national plan that would outline recommendations 
to improve the security of key resources; (5) administering the 
Homeland Security Advisory System; (6) exercising primary 
responsibility for public threat advisory and providing 
specific warning information to State and local governments and 
the private sector, as well as advice about appropriate 
protective actions and countermeasures; (7) making 
recommendations for improvements in the policies and procedures 
governing the sharing of law enforcement, intelligence, and 
other information relating to homeland security within the 
Federal government and between the Federal government and State 
and local governments.
      Following the completion of the Department's Second Stage 
Review in July of 2005, the Secretary renamed the Office of 
Information Analysis the ``Office of Intelligence and 
Analysis'' and gave it responsibilities in addition to those 
outlined in the Homeland Security Act. In addition to its 
statutory duties, one of the major responsibilities for the new 
Office of Intelligence and Analysis is to serve as the Chief 
Intelligence Officer of the Department--taking responsibility 
for leading the intelligence components of the Department.
      Sections 741 and 743 of the House bill reflect these 
changes by statutorily reorganizing the Directorate for 
Information Analysis and Infrastructure Protection by doing 
away with the Directorate and the Under Secretary for 
Information Analysis and Infrastructure Protection position and 
officially establishing in its place a separate Office of 
Intelligence and Analysis, elevating the Assistant Secretary 
for Information and Analysis to an Under Secretary for 
Intelligence and Analysis as its head; and a separate Office of 
Infrastructure Protection, headed by the Assistant Secretary 
for Infrastructure Protection. Sections 741 and 743 of the 
House bill likewise divide the responsibilities of the former 
Under Secretary for Information Analysis and Infrastructure 
Protection outlined in Section 201(d) of the Homeland Security 
Act between the new Under Secretary for Intelligence and 
Analysis and new Assistant Secretary for Infrastructure 
Protection. Section 741 in the House bill also adds several new 
responsibilities for the Under Secretary for Intelligence and 
Analysis.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provisions, 
with substantial modifications. While the Conference agrees 
with the Department's consolidation of the duties of the Office 
of Intelligence and Analysis, they also believe that the powers 
of the Department's Chief Intelligence Officer can only be 
effectively wielded by an Under Secretary. Therefore, this 
section amends the Homeland Security Act of 2002 (6 U.S.C. 101) 
to restructure the Department to reflect the changes wrought by 
the Second Stage Review by elevating the Assistant Secretary 
for Information Analysis to Under Secretary for Intelligence 
and Analysis and by officially establishing an Office of 
Intelligence and Analysis and an Office of Infrastructure 
Protection.
      The Conference substitute retains those authorities from 
Section 201(d) of the Homeland Security Act in the Secretary 
for delegation to the appropriate officials. Those authorities 
include a new authority in the Conference agreement, to be 
carried out most likely by the Under Secretary for Intelligence 
and Analysis: the provision of guidance to the heads of 
intelligence components on developing budgets, and the 
presentation of recommendations for a consolidated intelligence 
budget to the Secretary.
      Finally, the Conference substitute establishes an 
additional Under Secretary responsible for overseeing critical 
infrastructure protection, cybersecurity, and other related 
programs of the Department.

           TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Section 601. Availability to public of certain intelligence funding 
        information
      There is no comparable House provision.
      Section 1201 of the Senate bill requires the President to 
disclose to the public the aggregate amount of funds requested 
for the National Intelligence Program for each fiscal year. It 
also would require Congress to disclose to the public the 
aggregate amount authorized to be appropriated and the 
aggregate amount appropriated for the National Intelligence 
Program. The 9/11 Commission recommended in 2004 that the 
aggregate amount of funding for national intelligence be 
declassified, and in 2004 the Senate-passed version of the 
Intelligence Reform and Terrorism Prevention Act included a 
similar provision.
      The Conference substitute adopts the Senate provision 
with modifications. The Conference substitute requires the 
Director of National Intelligence to disclose to the public the 
aggregate amount of funds appropriated by Congress for the 
National Intelligence Program, beginning with Fiscal Year 2007. 
Beginning with Fiscal Year 2009, it allows the President to 
waive or postpone this disclosure by submitting to the Select 
Committee on Intelligence of the Senate and Permanent Select 
Committee of the House of Representatives an unclassified 
statement that the disclosure would damage national security, 
and a statement detailing the reasons for the waiver or 
postponement, which may be submitted in classified form.
Section 602. Public Interest Declassification Board
      There is no comparable House provision.
      Section 1203 of the Senate bill authorizes the Public 
Interest Declassification Board, upon receiving a Congressional 
request, to conduct a review and make recommendations 
regardless of whether the review is requested by the President. 
It further provides that any recommendations submitted by the 
Board to the President shall also be submitted to the Chairman 
and Ranking Minority Member of the requesting Committee and 
extends the authorization of the Board for four years until the 
end of 2012.
      As described in its report on activities in the 109th 
Congress (S. Rep. No. 110-57, at p. 26), in September 2006, the 
Senate Select Committee on Intelligence released two reports on 
prewar intelligence regarding Iraq. In the introduction to one, 
the Committee expressed disagreement with the Intelligence 
Community's decision to classify portions of the report. 
Members of the Committee wrote to the then recently constituted 
Public Interest Declassification Board to request that it 
review the material and make recommendations about its 
classification. The Board responded that it might not be able 
to do so without White House authorization. In December 2006, 
the Board wrote to Congress to request that the statute 
establishing the Board be clarified to enable it to begin, 
without White House approval, a declassification review 
requested by Congress.
      The Conference substitute adopts the Senate provision 
with minor technical and conforming changes to the Public 
Interest Declassification Act of 2000 (50 U.S.C. 435 note) to 
substitute the ``Director of National Intelligence'' for the 
``Director of Central Intelligence.''
Section 603. Sense of the Senate regarding a report on the 9/11 
        Commission recommendations with respect to intelligence reform 
        and congressional intelligence oversight reform
      There is no comparable House provision.
      Section 1204 of the Senate bill makes findings related to 
the 9/11 Commission's recommendation on Congressional oversight 
of intelligence. It expresses the Sense of the Senate that the 
Committee on Homeland Security and Governmental Affairs and the 
Select Committee on Intelligence of the Senate should undertake 
a review of the recommendations made in the final report of the 

9/11 Commission with respect to intelligence reform and 
Congressional intelligence oversight reform, review and 
consider other suggestions, options, or recommendations for 
improving intelligence oversight, and not later than December 
21, 2007, submit to the Senate a joint report or individual 
reports that include the recommendations of the Committees, if 
any, for carrying out such reforms.
      The Conference substitute adopts the Senate provision.
Section 604. Availability of funds for the Public Interest 
        Declassification Board
      There is no comparable House provision.
      Section 1205 of the Senate bill allows the National 
Archives and Records Administration to obligate monies to carry 
out the activities of the Public Interest Declassification 
Board from the Continuing Appropriations Resolution of 2007, as 
amended.
      The Conference substitute adopts the Senate provision.
Section 605. Availability of the executive summary of the Report on 
        Central Intelligence Agency Accountability Regarding the 
        Terrorist Attacks of September 11, 2001
      There is no comparable House provision.
      Section 1206 of the Senate bill provides that not later 
than 30 days after the enactment of this Act, the CIA Director 
shall prepare and make available to the public a version of the 
Executive Summary of a report by the CIA Inspector General that 
is declassified to the maximum extent possible consistent with 
national security.
      The underlying document is the Office of Inspector 
General Report on Central Intelligence Agency Accountability 
Regarding Findings and Conclusions of the Joint Inquiry Into 
Intelligence Community Activities Before and After September 
11, 2001.
      The CIA Director is to submit to Congress a classified 
annex that explains why any redacted material in the Executive 
Summary was withheld from the public. The Senate Select 
Committee on Intelligence includes a similar provision in its 
Intelligence Authorization Act for Fiscal Year 2008. The 
Committee's efforts to obtain this measure of public 
accountability are detailed in its report on the Committee's 
activities in the 109th Congress, S. Rep. No. 110-57, at pp. 
24-26 (2007).
      The Conference substitute adopts the Senate provision.

                      TITLE VII--TERRORIST TRAVEL

Section 701. Report on international collaboration to increase border 
        security, enhance global document security, and exchange 
        terrorist information
      Section 611 of the House bill requires the Department of 
Homeland Security (the Department or DHS), in conjunction with 
the Director of National Intelligence and the heads of other 
relevant Federal agencies, to submit a report to Congress 
outlining the actions the U.S. government has taken to 
collaborate with international partners to increase border 
security, enhance document security, and exchange information 
about terrorists.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision.
Section 711. Modernization of the Visa Waiver Program
      There is no comparable House provision.
      Section 501 of the Senate bill enhances the security 
requirements in the Visa Waiver Program and provides for the 
program's limited expansion. This section authorizes the 
development and implementation of an electronic travel 
authorization system under which each Visa Waiver Program 
traveler would electronically provide information, in advance 
of travel, necessary to determine whether the individual is 
eligible to travel to the United States. The Section also 
requires the Secretary of Homeland Security (the Secretary) to 
establish an exit system that records the departure of every 
alien who entered under the Visa Waiver Program and departed 
the United States by air. In addition to existing program 
requirements, all Visa Waiver Program countries are required to 
enter into agreements with the United States to report 
information about the theft or loss of passports, accept 
repatriation of its citizens, and share information about 
whether a national of that country traveling to the United 
States represents a threat to U.S. security.
      Section 501 permits the Secretary of Homeland Security, 
in consultation with the Secretary of State, to waive the 
existing 3 percent nonimmigrant visa refusal rate requirement, 
up to 10 percent, for admission into the Visa Waiver Program. 
Alternatively, the Secretary can waive the existing 3 percent 
nonimmigrant visa refusal rate if a country's nationals do not 
exceed a rate, set by the Secretary, of overstaying their 
authorized admission in the United States. This waiver 
authority is only granted to countries meeting additional 
security criteria, including cooperating in counterterrorism 
initiatives, and only when the Secretary determines that 
security or law enforcement interests of the United States will 
not be compromised. Before exercising a waiver, the Secretary 
must also certify to Congress that an air exit system is in 
place that can verify the departure of not less than 97 percent 
of foreign nationals who exit by air.
      The Conference adopts the Senate provision, with 
modifications.
      The Conference recognizes that the Visa Waiver Program, 
which Congress established in 1986, has benefitted commerce and 
tourism between the United States and participating Visa Waiver 
Program countries. The Conference believes that a modernization 
of the program is long overdue and that a careful and 
controlled expansion to countries who have not quite met 
existing program entrance requirements but who have been 
partners with the U.S. in fighting terrorism is appropriate in 
order to promote greater international security cooperation. In 
the wake of the terrorist attacks of September 11, 2001 and 
subsequent foiled terror plots, the imperative for reform is 
greater than ever.
      The Conference agrees on the need for significant 
security enhancements to the entire Visa Waiver Program as set 
forth in the Senate bill and to the implementation of the 
electronic travel authorization system prior to permitting the 
Secretary to admit new countries under his new waiver 
authority. The Conference mandates that the Secretary develop 
such an electronic travel authorization system to collect 
biographical and such other information from each prospective 
Visa Waiver Program traveler necessary to determine whether the 
alien is eligible to travel under the program and whether a law 
enforcement or security risk exists in permitting the alien to 
travel to the United States. The Conference believes the 
Secretary should check the information collected in the 
electronic travel authorization system against all appropriate 
databases, including lost and stolen passport databases such as 
that maintained by Interpol. The Conference believes that 
checking travelers from Visa Waiver Program countries against 
all appropriate watch lists and databases will greatly enhance 
the overall security of the Visa Waiver Program.
      In addition, the Conference agrees to permit the 
Secretary of Homeland Security, in consultation with the 
Secretary of State, to waive the existing 3 percent 
nonimmigrant visa refusal rate requirement, up to 10 percent, 
and to allow the Secretary to establish an overstay rate in 
lieu of the 3 percent nonimmigrant visa refusal rate for 
admission into the Visa Waiver Program. The Conference believes 
this overstay rate should reflect a reasonable expectation that 
the country can continue to participate in the VWP under 
existing statutory criteria.
      The Conference further agrees to provide the Secretary 
this waiver authority upon certification by the Secretary to 
Congress that there is an air exit system in place to verify 
the departure of not less than 97 percent of foreign nationals 
who exit by air, which may or may not be fully biometric. The 
Conference also agrees that the ultimate goal is to achieve a 
fully biometric air exit system, as described in subsection (I) 
of the bill. Therefore, if such a biometric system is not 
implemented by June 30, 2009, the Secretary's waiver authority 
that was based upon his certification of 97 percent accuracy of 
any non-biometric exit system shall be suspended until a 
biometric exit system is fully operational. Establishment of 
this biometric system will implement a 9/11 Commission 
recommendation and will enhance our border security and 
immigration enforcement by ensuring our ability to track the 
arrivals and departures of foreign nationals.
Section 721. Strengthening the capabilities of the Human Smuggling and 
        Trafficking Center
      Section 601 of the House bill directs the Secretary, 
acting through the Assistant Secretary of Homeland Security for 
Immigration and Customs Enforcement (ICE), to: provide 
administrative support and funding to the Human Smuggling and 
Trafficking Center (the Center); ensure the Center is staffed 
with not fewer than 30 full-time equivalent personnel; and seek 
reimbursement from the Attorney General and the Secretary of 
State for costs associated with the participation of their 
respective departments in the operation of the Center. The 
section also directs the Office of Intelligence and Analysis 
(renamed under section 741), in coordination with the Center, 
to submit to law enforcement and relevant agencies periodic 
reports regarding terrorist threats related to such smuggling, 
trafficking, and travel.
      Section 502 of the Senate bill is a comparable section 
but amends Section 7202 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (8 U.S.C. 1777) to direct the 
Secretary to nominate a U.S. government official to serve as 
the Director of the Human Smuggling and Trafficking Center, in 
accordance with the Center's Memorandum of Understanding 
entitled ``Human Smuggling and Trafficking Center Charter.'' 
This section also clarifies the role of the Center as the focal 
point for interagency efforts to integrate and disseminate 
intelligence and information related to terrorist travel. The 
section requires that the Center be staffed with at least 40 
full time employees and directs the Secretary to work with 
various DHS agencies and other Federal Departments to provide 
detailees with appropriate areas of expertise. The section also 
authorizes $20 million to allow the Center to carry out its 
existing responsibilities, fund the administrative costs and 
management of the Center, increase staffing levels and 
reimburse other Federal Departments for personnel.
      The Conference substitute adopts the Senate provision, 
with modifications. The Conference agrees that the Center 
should be staffed with intelligence analysts or special agents 
with demonstrated experience related to human smuggling, 
trafficking in persons, or terrorist travel, in addition to 
individuals with other expertise including consular affairs, 
counterterrorism, and criminal law enforcement from throughout 
the government.
      The Conference also agrees that the Secretary and the 
heads of other relevant agencies should provide incentives for 
service at the Center, particularly for personnel who serve 
terms of at least two years. Staff detailed to the Center, 
except for those subject to the provisions of the Foreign 
Service Act of 1980, shall be considered for promotion at rates 
equivalent to or better than similarly situated personnel not 
so assigned.
      The Conference agrees to adopt section 601(f) from the 
House provision, but delete the requirement that the Office of 
Intelligence and Analysis submit reports to ``Federal'' law 
enforcement agencies and ``other relevant agencies,'' as this 
would be a function performed by the Center. The Conference 
clarifies that subsection (d) in no way impedes the authority 
of the Secretary of State to participate in the selection of 
the Director of the Center, a role that is described in the 
Center's memorandum of understanding entitled ``Human Smuggling 
and Trafficking Center Charter,'' as amended as of October 1, 
2006. That Memorandum of Understanding establishes that the 
Director will be confirmed by the Department, the Department of 
Justice, and the State Department. Finally, the Conferees agree 
to fund 40 full-time equivalent staff and to authorize $20 
million for the Center for Fiscal Year 2008.
Section 722. Enhancements to the terrorist travel program
      There is no comparable House provision.
      The Department never created the terrorist travel program 
mandated by section 7215 of Public Law 108-458. Section 503 of 
the Senate bill requires the Secretary to establish the program 
within 90 days of enactment and to report to Congress within 
180 days on the implementation of the program. The section 
requires that the Assistant Secretary for Policy at the 
Department, or another official that reports directly to the 
Secretary, be designated as head of the terrorist travel 
program and outlines specific duties to be carried out by the 
head of the program. Those duties include: developing 
strategies and policies for the Department to combat terrorist 
travel; reviewing the effectiveness of existing programs to 
combat terrorist travel across DHS; making budget 
recommendations that will improve DHS's ability to combat 
terrorist travel; and ensuring effective coordination among DHS 
agencies with missions related to intercepting and apprehending 
terrorists. This section also designates the head of the 
program as the point of contact for DHS with the National 
Counterterrorism Center and requires that the Secretary submit 
a report to Congress on the implementation of the section.
      The Conference substitute adopts the Senate provision.
Section 723. Enhanced driver's license
      There is no comparable House provision.
      Section 504 of the Senate bill would require the 
Secretary to enter into a memorandum of agreement with at least 
one State to pilot the use of enhanced driver's licenses that 
would be valid for a U.S. citizen's admission into the United 
States from Canada and require a report to Congress on the 
pilot.
      The Conference substitute adopts the Senate provision, as 
modified to permit a pilot of U.S. citizens entering the 
country from either Canada or Mexico.
Section 724. Western Hemisphere Travel Initiative
      There is no comparable House provision.
      Section 505 of the Senate bill would require the 
Secretary to complete a cost-benefit analysis of the Western 
Hemisphere Travel Initiative (WHTI) and a study of ways to 
reduce the fees associated with passport cards prior to 
publishing a final rule for WHTI.
      The Conference substitute adopts the Senate provision, as 
modified to specify that the Secretary of State shall develop 
proposals for reducing passport card fees, including through 
mobile application teams who could accept applications for the 
passport card in communities particularly affected by WHTI. The 
Conference believes that the cost/benefit analysis should 
include the cost to the State Department and resources required 
to meet the increased volume of passports requests.
Section 725. Model ports-of-entry
      There is no comparable House provision.
      Section 506 of the Senate bill would require the 
Secretary to establish a model ports of entry program aimed at 
improving security and streamlining the current arrival process 
for incoming travelers at the 20 busiest international airports 
in the United States. It requires the Department to hire at 
least 200 additional Customs and Border Protection officers to 
address staff shortages at these airports, and it would also 
require measures that would ensure a more efficient 
international arrival process.
      The Conference substitute adopts the Senate provision, as 
modified.
Section 731. Report regarding border security.
      There is no comparable House provision.
      Section 1604 of the Senate bill directs the Secretary to 
report to Congress regarding ongoing DHS initiatives to improve 
security along the U.S. northern border. The section also 
requires the Comptroller General to report to Congress with a 
review and comments on that report and recommendations 
regarding any necessary additional actions to protect that 
border.
      The Conference substitute adopts the Senate provision, as 
modified.

                TITLE VIII--PRIVACY AND CIVIL LIBERTIES

Section 801. Modification of authorities relating to privacy and civil 
        liberties oversight board
      Sections 802, 803, 804, 805, and 806(a) of the House bill 
amend Section 1061 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458) by modifying the 
structure and operations of the Privacy and Civil Liberties 
Oversight Board (the Board). This section removes the Board 
from the Executive Office of the President and makes the Board 
an independent agency. It also requires each of the Board's 
five members to be confirmed by the U.S. Senate. The House 
language also provides the Board with subpoena powers that will 
be enforced by the U.S. District Court in the judicial district 
where the subpoenaed person resides. The Board is required to 
submit not less than two reports each year to the appropriate 
Committees of Congress that shall include a description of the 
Board's activities, information on its findings, conclusions, 
minority views, and recommendations resulting from its advice 
and oversight functions.
      Section 601 of the Senate bill is a comparable provision; 
however, it strengthens the Board's authority without removing 
it from the Executive Office of the President. Additionally, 
the Senate provision also grants subpoena power to the Board; 
however, it differs from the House provision in that the 
subpoena must be issued by the Attorney General who shall 
either issue the subpoena as requested or provide the Board 
with an explanation if the subpoena request is modified or 
denied. If the request is modified or denied, Congress shall be 
notified of this action within thirty days.
      The Conference substitute adopts the House provision 
regarding the removal of the Board from the Executive Office of 
the President and adopts the Senate provision regarding the 
Board's subpoena power. All other comparable provisions were 
integrated.
Section 802. Department Privacy Officer
      Section 812 of the House bill adopts the language 
contained in the Privacy Officer with Enhanced Rights Act of 
2007, as introduced. In particular, this section expands the 
Department of Homeland Security's (the Department or DHS) Chief 
Privacy Officer's (CPO) access to any and all material 
available to the Department that fall under the CPO's purview. 
The CPO is also given authority to administer oaths and issue 
subpoenas to facilitate investigations and reporting 
requirements. The CPO's term of office would last for a period 
of 5 years and the individual appointed would be required to 
submit reports to Congress, without any prior comment by the 
Secretary, Deputy Secretary or any other officer of the 
Department, regarding the performance and responsibilities of 
the Privacy Office.
      Section 603 of the Senate bill is a comparable provision, 
except that it does not include the 5-year term of office as 
mandated by the House provision, and it directs that the CPO's 
subpoena authority be exercised with the approval of the 
Secretary of Homeland Security (the Secretary).
      The Conference substitute adopts the House language with 
changes, including the removal of the five year term of office 
and specifying that the subpoena authority be exercised through 
the Secretary. It also clarifies the relationship between the 
CPO and the Office of the Inspector General.
Section 803. Privacy and Civil Liberties officers
      Section 602 of the Senate bill establishes a network of 
Privacy and Civil Liberties officers in Executive Branch 
Agencies, in some cases strengthening the powers of existing 
officers. It provides that the Departments of Justice, Defense, 
State, Treasury, Health and Human Services, and Homeland 
Security, the Director of National Intelligence and the Central 
Intelligence Agency, and other agencies designated by the 
Privacy and Civil Liberties Oversight Board, are required to 
designate at least one senior official to serve as an internal 
privacy and civil liberties officer, to function as a source of 
advice and oversight on privacy and civil liberties matters to 
the agency. Departments and agencies may designate an existing 
privacy or civil liberties officer for this role, and the 
legislation specifies that where a Department or agency has a 
statutory privacy or civil liberties officer, that officer 
shall perform the relevant functions required by this section. 
These officers are directed to make regular reports to their 
respective department or agency heads, Congress, the Privacy 
and Civil Liberties Oversight Board, and the public.
      Section 806(b) of the House bill is a comparable 
provision.
      The Conference substitute adopts the Senate provision.
Section 804. Federal Agency Data Mining Reporting Act of 2007
      There is no comparable House provision.
      Section 604 of the Senate bill requires all Federal 
agencies to report to Congress within 180 days and every year 
thereafter on data mining programs developed or used to find a 
pattern or anomaly indicating terrorist or other criminal 
activity on the part of individuals, and how these programs 
implicate the civil liberties and privacy of all Americans. If 
necessary, specific information in the various reports could be 
classified.
      The Conference substitute adopts the Senate language.

                 TITLE IX--PRIVATE SECTOR PREPAREDNESS

Section 901. Private sector preparedness
      Section 1101 of the House bill requires the Secretary of 
Homeland Security (the Secretary) to establish a program to 
enhance private sector preparedness for acts of terrorism and 
other emergencies and disasters. The language also requires the 
Secretary to support the development and promulgation of 
preparedness standards, including the National Fire Protection 
Association 1600 Standard.
      Section 803 of the Senate bill establishes a voluntary 
certification program to assess whether a private sector entity 
meets voluntary preparedness standards. In consultation with 
private sector organizations listed in the section, the 
Secretary would support the development of voluntary 
preparedness standards and develop guidelines for the 
accreditation and certification program. The accreditation and 
certification process would be implemented and managed by one 
or more qualified nongovernmental entities selected by the 
Secretary. Under the program, companies wishing to be certified 
would have their applications reviewed by third parties 
accredited by the entity or entities managing the program, 
which would determine if certification was warranted.
      The Conference substitute adopts the Senate provision, as 
well as aspects of section 1101 of the House bill, with 
modifications. The Conference substitute permits the 
development of guidance and recommendations, and identification 
of best practices, to assist or foster private sector 
preparedness. If such guidance and recommendations are 
developed, the Administrator of Federal Emergency Management 
Agency (FEMA) and the Assistant Secretary for Infrastructure 
Protection will work to develop the guidance and 
recommendations, and the Administrator of FEMA will issue them. 
The Conference substitute requires the establishment of a 
voluntary certification program which will be developed by a 
designated officer within DHS, to be selected by the Secretary 
from among the Administrator of FEMA, the Assistant Secretary 
of Infrastructure Protection, and the Under Secretary for 
Science and Technology, in consultation with appropriate 
private sector parties designated in the legislation.
      As recommended by the 9/11 Commission, through this 
section, the Department of Homeland Security will be promoting 
private-sector preparedness of which the 9/11 Commission said: 
``Private sector preparedness is not a luxury; it is a cost of 
doing business in the post-9/11 world.''
Section 902. Responsibilities of the private sector office of the 
        department
      There is no comparable House provision.
      Section 802 of the Senate bill amends section 102(f) of 
the Homeland Security Act to add promoting to the private 
sector the adoption of voluntary national preparedness 
standards to the responsibilities of the Special Assistant to 
the Secretary. It also establishes a new responsibility for the 
private sector advisory councils: advising the Secretary on 
private sector preparedness issues.
      The Conference substitute adopts the Senate provision 
with minor modifications.

              TITLE X--CRITICAL INFRASTRUCTURE PROTECTION

Section 1001. National Asset Database
      Section 902 of the House bill requires the Secretary of 
the Department of Homeland Security (the Department or DHS) to 
maintain two databases addressing critical infrastructure: the 
National Asset Database and, as a subset, the National At-Risk 
Database. To develop the National Asset Database and the At-
Risk Database, the Secretary will meet with a consortium of 
national laboratories and experts. The Secretary is required to 
annually update both databases and remove assets and resources 
that are not verifiable or do not comply with the database 
requirements. The Secretary will also meet with the States and 
advise them as to the format for submitting assets for the 
lists and notifying them as to deficiencies before removing or 
omitting assets from the lists. This provision also requires 
the Secretary to consult the Databases for purposes of 
allocating various Department grant programs and to provide an 
annual report to Congress on the contents of the Databases.
      Section 1101 of the Senate bill requires the Secretary to 
establish a risk-based prioritized list of critical 
infrastructure and key resources that, if successfully 
destroyed or disrupted through a terrorist attack or natural 
catastrophe, would cause catastrophic national or regional 
impacts. The list must be reviewed and updated at least 
annually. The provision also requires an annual report 
summarizing the construction and contents of the list. The 
report may include a classified annex.
      The Conference substitute adopts the House provision with 
certain modifications. The Conferees determined that there is a 
uniform manner by which to compile the country's vital assets 
and to prioritize those assets, as called for in Homeland 
Security Presidential Directive-7. This process will enable a 
more effective cooperation with State and local governments and 
provide a means by which the appropriate Congressional 
Committees may annually review the prioritized list as well as 
receive a report about the database and list.
      The Conference substitute modifies the House provision to 
require the Secretary to maintain a prioritized critical 
infrastructure list, as called for in the Senate bill, instead 
of the National At-Risk Database. Furthermore, the Conference 
substitute authorizes the Secretary to form an optional 
consortium to advise on the Database, but did not make the 
formation of such a consortium mandatory.
Section 1002. Risk assessments and report
      Section 901 of the House bill requires the Secretary to 
prepare a vulnerability assessment of the critical 
infrastructure information available to the Secretary with 
respect to that fiscal year, unless a vulnerability assessment 
is required under another provision of law. The Secretary must 
provide annual comprehensive reports on vulnerability 
assessments for all critical infrastructure sectors established 
in Homeland Security Presidential Directive-7. This provision 
requires the Secretary to provide the appropriate Congressional 
Committees with a summary vulnerability report and a classified 
annex for each industry sector. This provision also requires 
the Department to provide a summary report from the preceding 
two years to compare with the current report to show any 
changes in vulnerabilities and provide explanations and 
comments on greatest risks to critical infrastructure for each 
sector and any recommendations for mitigating these risks.
      Section 1102 of the Senate bill requires the Secretary, 
for each fiscal year, to prepare a risk assessment of the 
critical infrastructure and key resources of the United States. 
It requires that the risk assessment be organized by sector and 
that it contain any actions or countermeasures proposed, 
recommended, or directed by the Secretary to address security 
concerns covered in the assessment. It enables the Secretary to 
rely upon other assessments prepared by another Federal agency 
that the Department determines are prepared in coordination 
with other initiatives of the Department relating to critical 
infrastructure or key resource protection. It also requires the 
Secretary to submit an annual report to the relevant 
Congressional Committees that contains a summary and review of 
the risk assessments prepared by the Secretary for that year. 
The report will be organized by sector and will include the 
Secretary's recommendations for mitigating risks identified by 
the assessments.
      The Conference substitute adopts a compromise provision 
by eliminating the requirement for the Secretary to conduct 
risk assessments under this section because those same 
assessments are required to be conducted under the Homeland 
Security Act. The Conference substitute requires the Secretary 
to provide a report on the comprehensive risk assessments on 
critical infrastructure that the Department is already required 
to conduct under the Homeland Security Act.
      Further, the Conference desires that, if appropriate, the 
report or reports be furnished in a public form with a 
classified annex. Furthermore, the Conference intends that the 
classification of information required to be provided to 
Congress or shared between the Department and any other sector-
specific department or agency pursuant to this new paragraph, 
including the assignment of a level of classification of such 
information, shall be binding on Congress, the Department, and 
any other Federal Department or Agency. With regard to these 
assessments, the Homeland Security Act requires the Secretary 
to conduct the assessments with respect to the nation's 
critical infrastructure and key resources. The Conference 
intends for the Secretary to exercise his responsibilities 
under the Homeland Security Act and make a timely report to 
Congress. Through this section, the Conference does not intend 
to make any changes to the Secretary's authority under section 
201 of the Homeland Security Act. The section requires the 
Secretary to submit a set of reports to the Senate Committee on 
Homeland Security and Governmental Affairs and the House of 
Representatives Committee on Homeland Security as well as other 
appropriate Congressional Committees containing a summary and 
review of the assessments prepared by the Secretary, as already 
required by the Homeland Security Act.
Section 1003. Sense of Congress regarding the inclusion of levees in 
        the National Infrastructure Protection Plan
      There is no comparable House provision.
      Section 1101 of the Senate bill requires the Secretary to 
include levees in the Department's list of critical 
infrastructure sectors.
      The Conference substitute adopts the Senate provision, 
while modifying it so that it is the sense of Congress that the 
Secretary should ensure that levees are included in one of the 
critical infrastructure and key resource sectors identified in 
the National Infrastructure Protection Plan.

               TITLE XI--BIOLOGICAL AND NUCLEAR DETECTION

Section 1101. National Biosurveillance Integration Center
      There is no comparable House provision. However, the 
House passed, on a bipartisan basis, a very similar provision 
as part of H.R. 1684, ``the Department of Homeland Security 
Authorization Act for Fiscal Year 2008.''
      Section 701 of the Senate bill provides for the 
authorization of a National Biosurveillance Integration Center 
(NBIC) within the Department of Homeland Security (the 
Department or DHS). The primary mission of the NBIC is to 
enhance the situational awareness of the Federal Government of 
intentional and naturally occurring biological incidents of 
national concern, and to rapidly alert Federal, State and local 
entities of such incidents.
      The Conference substitute adopts the Senate provision, 
with technical modifications.
      In order to best achieve its mission, the Conference 
directs that NBIC Member Agencies to send all information that 
could indicate a biological incident of national concern, 
including protected health information from member agencies 
which are Public Health Authorities as defined by the Health 
Insurance Portability and Accountability Act of 1996, Public 
Law 104-191, to the NBIC.
Section 1102. Biosurveillance efforts
      There is no comparable House provision.
      Section 702 of the Senate bill requires the Comptroller 
General of the United States to report to Congress on Federal, 
State, and local biosurveillance efforts, any duplication of 
such efforts, and recommendations on integration of systems and 
effective use of resources and professional expertise.
      The Conference substitute adopts the Senate provision, 
with technical modifications.
Section 1103. Interagency coordination to enhance defenses against 
        nuclear and radiological weapons of mass destruction
      There is no comparable House provision.
      Section 703 of the Senate bill requires the Secretaries 
of Homeland Security, State, Defense, Energy, the Attorney 
General and the Director of National Intelligence to jointly 
ensure interagency coordination on the development and 
implementation of the global nuclear detection architecture by 
completing a joint annual interagency review of matters 
relating to the global nuclear detection architecture, which 
shall be submitted to the President and the appropriate 
Congressional Committees.
      The Conference substitute adopts the Senate provision, 
with technical modifications.
Section 1104. Integration of detection equipment and technologies
      There is no comparable House provision.
      Section 1607 of the Senate bill requires the Secretary of 
Homeland Security to ensure that chemical, biological, 
radiological, and nuclear detection equipment and technologies 
are integrated as appropriate with other border security 
systems and detection technologies, and requires the Secretary 
to develop a departmental technology assessment process and 
report the process to Congress within 6 months of enactment.
      The Conference substitute adopts the Senate provision, as 
engrossed by the Senate.

  TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

Section 1201. Definitions
      The Conference substitute includes a provision which 
defines the terms ``Department'' and ``Secretary'' for the 
purposes of this title.

Section 1202. Transportation security strategic planning

      Section 1002 of the House bill requires the Department of 
Homeland Security (the Department or DHS) to include additional 
information in subsequent submissions of the National Strategy 
for Transportation Security. It requires DHS to tie the risk-
based priorities identified in the Strategy to the risk 
assessments conducted by DHS; to coordinate the development of 
the Strategy with Federal, State, regional, local and tribal 
authorities and transportation system employees; and to tie the 
budget and research and development to the priorities in the 
Strategy. It also requires DHS to build into the Strategy a 
more intermodal perspective for transportation security.
      Section 901 of the Senate bill is a comparable provision.
      The Conference substitute adopts modified language from 
both bills. The Conference would like to clarify that the 
information required by the periodic progress reports, on the 
turnover among senior staff of the Department (and any 
component agencies) working on transportation security issues, 
includes program managers responsible for transportation 
security programs, at the GS-13 level or its equivalent, as 
well as their immediate supervisors and other superiors, up to 
and including Assistant Secretaries or Under Secretaries.

Section 1203. Transportation security information sharing

      Section 1001 of the House bill improves transportation 
security information between the public and private sectors by 
requiring the establishment of a Transportation Security 
Information Sharing Plan. It also requires the Department to 
provide a semiannual report to Congress identifying the persons 
who receive transportation security information.
      Section 902 of the Senate bill is a comparable provision, 
which also requires the plan be developed in consultation with 
the program manager of the Information Sharing Environment 
established under the Intelligence Reform and Terrorism 
Prevention Act of 2004. This section further requires that DHS 
establish a point or points of contact within the Department 
for distributing transportation security information to public 
and private stakeholders.
      The Conference substitute adopts the Senate provision, as 
modified.

Section 1204. National Domestic Preparedness Consortium

      There is no comparable House provision.
      Section 1429 of the Senate bill requires the Secretary of 
Homeland Security (the Secretary) to develop guidance for a 
rail worker security training program. Section 1505 of the 
Senate bill requires the Secretary to issue regulations for a 
public transportation worker training program. Section 202 of 
the Senate bill authorizes the Secretary to establish a State 
Homeland Security Grant Program and an Urban Area Security 
Initiative grant program which allows States and localities to 
apply for grants from DHS for the purpose of training first 
responders.
      The Conference substitute authorizes the establishment of 
the National Domestic Preparedness Consortium, which has been 
responsible for identifying, developing, testing and delivering 
training to State, local, and tribal emergency response 
providers. The Conference substitute further authorizes an 
expansion of the Consortium to include the National Disaster 
Preparedness Training Center and the Transportation Technology 
Center, Incorporated, to assist with providing security 
training to emergency responders and transportation workers.
      In addition, the Conference substitute authorizes 
specific funding levels for the individual members of the 
Consortium that are intended to provide a baseline to determine 
future funding needs. However, the Conference does not believe 
that these authorized amounts should serve as artificial 
barriers to increased funding levels should greater increases 
be necessary and possible. The Conference recognizes the 
importance of the ongoing training at the National Domestic 
Preparedness Consortium, expects that the two new members will 
be able to provide unique training opportunities, and that by 
authorizing and expanding the Consortium the Department will be 
able to train even more of our Nation's emergency responders 
and transportation workers.

Section 1205. National Transportation Security Center of Excellence

      There is no comparable House provision.
      Section 1425 of the Senate bill requires the Secretary to 
carry out a research and development program for the purpose of 
improving freight rail and intercity passenger rail security. 
Section 1507 of the Senate bill requires the Secretary to award 
grants or contracts for research and development of 
technologies and methods to improve security for public 
transportation systems. Section 1467 of the Senate bill extends 
the authorization for the Secretary to carry out research and 
development for aviation security, until 2009.
      The Conference substitute authorizes the establishment of 
a National Transportation Security Center of Excellence to 
conduct research and development and education activities, and 
develop or provide training to transportation employees or 
professionals.

Section 1206. Civil immunity for reporting suspicious activity

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference recognizes that the general public often 
provides critical assistance to law enforcement in its efforts 
to disrupt terrorist activity against the homeland. The 
Conference substitute adopts this section to address the 
potential chilling effect of lawsuits filed against members of 
the public who reported what they reasonably considered to be 
suspicious activity to appropriate personnel.
      The Conference substitute adopts language granting civil 
immunity to those who, in good faith and based on objectively 
reasonable suspicion, report ``covered activity'' to an 
``authorized official.'' The term ``covered activity'' is 
defined as suspicious activity indicating that a person is 
preparing to or may be violating the law in a way that 
threatens a passenger transportation system, passenger safety, 
or passenger security or that involves an act of terrorism. The 
suspicious activity must involve or be directed against a 
passenger transportation system. An authorized official is 
defined as any employee or agent of a passenger transportation 
system or other persons with responsibilities relating to the 
security of such systems. It also includes anyone working for 
or on behalf of the Departments of Homeland Security, 
Transportation or Justice who have responsibilities relating to 
the security of passenger transportation systems as well as any 
Federal, State, or local law enforcement officer. Persons who 
make false reports or who make a report with reckless disregard 
for the truth are not entitled to civil immunity under this 
section.
      The Conference substitute also grants qualified civil 
immunity to any authorized official who takes reasonable action 
to respond to a report of covered activity. An authorized 
official not entitled to assert the defense of qualified 
immunity is nevertheless immune from civil liability under 
Federal, State or local law. The Conference intends to provide 
civil immunity to anyone within the chain of reporting who 
reasonably responds in good faith to the covered activity. 
However, the Conference does not intend to amend, limit, or 
reduce existing qualified immunity or other defenses pursuant 
to Federal, State, or local law that may otherwise be available 
to authorized officials as defined by this section. To address 
this concern the Conference substitute includes a savings 
clause that states that nothing in the section shall affect the 
ability of any authorized official to assert any defense, 
privilege, or immunity that would otherwise be available. The 
savings clause also reiterates that this section is not 
intended to affect any such defense, privilege or immunity.
      The Conference substitute also allows any person or 
authorized official who is found to be immune from civil 
liability under this section to recover reasonable costs and 
attorneys fees should they be named as a defendant in a civil 
suit. It defines a ``passenger transportation system'' as 
public transportation, over-the-road bus transportation, 
including school bus transportation, intercity rail 
transportation, passenger vessels, including passenger and 
automobile ferries, and air transportation. Finally, the 
Conference substitute states that this section takes effect as 
of October 1, 2006 and shall apply to all activities and claims 
arising on or after that date.

            TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

Section 1301. Definitions

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute defines several terms used 
within this title.

Section 1302. Enforcement authority

      There is no comparable House provision.
      Section 1432 of the Senate bill expands the 
Transportation Security Administration's (TSA) existing 
administrative civil penalty authority to authorize civil 
penalties and enforcement of regulations and orders of the 
Secretary of Homeland Security (the Secretary) relating to non-
aviation security. Under this section, the Secretary must give 
written notice of the finding of a violation and the penalty, 
and the penalized person has the opportunity to request a 
hearing on the matter. This section also provides that, in a 
civil action to collect such a penalty, the issues of liability 
and the amount of the penalty may not be reexamined; it places 
exclusive jurisdiction for these actions in the Federal 
district courts in certain instances; and it establishes 
ceilings for the penalty amounts the Secretary may 
administratively impose.
      The Conference substitute adopts the Senate provision 
with minor changes, including a provision that requires the 
Secretary to make publicly available summaries of enforcement 
actions taken and a report on the Department's enforcement 
process. The Conference substitute limits this administrative 
enforcement authority as it relates to fines and civil 
penalties against public transportation agencies and violations 
of administrative and procedural requirements related to the 
transportation security grant programs of this Act through 
section 1304 of the Conference substitute.

Section 1303. Visible Intermodal Prevention and Response Teams

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute authorizes the existing 
Transportation Security Administration (TSA) practice of 
deploying security teams, known as Visible Intermodal 
Prevention and Response teams (VIPR), to augment the security 
of any mode of transportation. This provision authorizes the 
Secretary to determine, consistent with ongoing security 
threats, when a VIPR team should be deployed and for what 
duration, in coordination with local law enforcement. The 
provision also allows the Secretary to use any asset of the 
Department, including Federal Air Marshals, Surface 
Transportation Security Inspectors, canine detection teams, and 
advanced screening technology as part of VIPR teams. Under this 
section, the Secretary would be required to consult with local 
law enforcement and security officials and transportation 
entities directly affected by VIPR deployments, prior to and 
during deployments of VIPR teams to ensure coordination and 
operation protocols. This section authorizes such sums as 
necessary annually from FY 2008-2011 to cover costs associated 
with the VIPR program.

Section 1304. Surface Transportation Security Inspectors

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute authorizes the existing 
Transportation Security Administration (TSA) Surface 
Transportation Security Inspectors (STSIs) program and includes 
language addressing the mission and authorities of the 
inspectors, requiring coordination and consultation with the 
Department of Transportation (DOT) and affected entities, and 
providing limitations regarding the issuance of fines and civil 
penalties against public transportation agencies and for 
violations of administrative and procedural requirements of the 
Act. Additionally, the Conference substitute requires the 
Secretary to increase the number of STSIs employed by TSA, up 
to a level of 200 STSIs in FY 2010 and FY 2011, and requires 
the DHS Inspector General to issue a report to the appropriate 
Congressional Committees regarding the performance and 
effectiveness of STSIs, the need for additional inspectors, and 
other recommendations. The provision also authorizes the 
following amounts for the STSI program: $11.4 million for FY 
2007, $17.1 million for FY 2008, $19.95 million for FY 2009 and 
$22.8 million for FY 2010 and 2011, respectively.
      The Secretary and the STSIs should use fines and civil 
penalties as a last recourse to achieve public transportation 
agency compliance with DHS security regulations only when other 
reasonable methods of gaining compliance have not produced 
adequate results. If a public transportation agency fails to 
correct a violation or to propose an alternative means of 
compliance acceptable to the Secretary, then the Secretary may 
issue fines or civil penalties under section 1302 of the 
Conference substitute. Additionally, the provision restricts 
the Secretary or STSIs from issuing fines and civil penalties 
for violations of administrative and procedural requirements 
related to the application and use of funds awarded under the 
transportation security grant programs in this Act. However, 
the Conference does not consider fraud, gross misuse of grant 
funds, or any criminal conduct related to the application for 
or use of grant funds awarded under this Act to be 
administrative requirements and, therefore, those acts will not 
be shielded from fines or civil penalties issued by the 
Secretary.

Section 1305. Surface transportation security technology information 
        sharing

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute adopts a new provision that 
would require the Secretary, in consultation with the Secretary 
of Transportation, to establish a program to provide 
appropriate information that the Department has gathered or 
developed on the performance, use, and testing of technologies 
that may be used to enhance railroad, public transportation, 
and surface transportation security to surface transportation 
entities and State, local, and tribal governments that provide 
security assistance to such entities. The purpose of the 
program is to assist eligible grant recipients under this Act 
and others, as appropriate, to purchase and use the best 
technology and equipment available to meet the security needs 
of the Nation's surface transportation system.
      The provisions allow the Secretary to include in such 
information whether the technology is designated as a qualified 
antiterrorism technology under the SAFETY Act, as appropriate, 
and requires the Secretary to ensure that the program 
established under this section makes use of and is consistent 
with other Department technology testing, information sharing, 
evaluation, and standards-setting programs, as appropriate.

Section 1306. TSA personnel limitations

      There is no comparable House provision.
      Section 1451 of the Senate bill provides that any 
statutory limitation on the number of Transportation Security 
Administration employees shall not apply to employees carrying 
out this title.
      The Conference substitute adopts the Senate provision as 
it applies to this title and titles XII, XIV, and XV of the 
Conference substitute.

Section 1307. National Explosives Detection Canine Team Training 
        Program

      There is no comparable House provision.
      Section 1476 of the Senate bill directs the Secretary to 
enhance the National Explosive Detection Canine Team Program 
and maximize canine training capacity so that up to 200 
additional dogs can be certified each year, starting at the end 
of calendar year 2008. The Secretary would be given flexibility 
across transportation modes to use as needed and deemed 
necessary. The provision encourages the Secretary to review 
potential benefits of establishing new canine training 
partnerships throughout the United States.
      The Conference substitute adopts the Senate provision as 
modified. The modified provision requires the Secretary to 
increase the number of explosives detection canine teams 
certified by the TSA for the purposes of transportation-related 
security by up to 200 canine teams annually by the end of 2010 
and encourage State, local, and tribal governments and private 
owners of high-risk transportation facilities to strengthen 
security through the use of highly trained explosives detection 
canine teams.
      To increase the number of explosives detection canine 
teams, the Secretary shall use a combination of methods 
including the use and expansion of TSA's National Explosives 
Detection Canine Team Training Center; partnering with other 
Federal, State, or local agencies, nonprofit organizations, 
universities, or the private sector; and procuring explosives 
detection canines trained by nonprofit organizations, 
universities, or the private sector, provided they are trained 
in a manner consistent with the standards and requirements 
developed pursuant to this section or other criteria developed 
by the Secretary.
      The Secretary is also required to establish criteria that 
include canine training curricula, performance standards, and 
other requirements approved by TSA as necessary to ensure that 
explosives detection canine teams trained by nonprofit 
organizations, universities, and private sector entities are 
adequately trained and maintained. In developing and 
implementing such curricula, performance standards, and other 
requirements, the Secretary would be required to coordinate 
with key stakeholders to develop best practice guidelines for 
such a standardized program; ensure that explosives detection 
canine teams trained by nonprofit organizations, universities, 
or private sector entities that are used or made available by 
the Secretary be trained consistent with specific training 
criteria developed by the Secretary; and review the status of 
the private sector programs on at least an annual basis to 
ensure compliance with training curricula, performance 
standards, and other requirements.
      The Conference substitute also requires the Secretary to 
use the additional explosives detection canine teams as part of 
the Department's efforts to strengthen security across the 
Nation's transportation network. The Secretary may use the 
canine teams on a more limited basis to support other homeland 
security missions, as determined appropriate. The Secretary is 
also required to make available explosives detection canine 
teams to all modes of transportation, for high-risk areas or to 
address specific threats, on an as-needed basis and as 
otherwise determined appropriate by the Secretary and shall 
encourage, but not require, transportation facilities or 
systems to deploy TSA-certified explosives detection canine 
teams.
      The Conference substitute requires the Secretary, acting 
through the TSA Administrator, to ensure that explosives 
detection canine teams are procured as efficiently as possible 
and at the best price using available procurement methods and 
increased domestic breeding, if appropriate. Additionally, the 
Comptroller General is required to report to the appropriate 
Congressional Committees on the utilization of explosives 
detection canine teams to strengthen security and the capacity 
of the national explosive detection canine team program. 
Finally, the Conference substitute authorizes such sums as may 
be necessary to carry out this section for Fiscal Years 2007 
through 2011.
      The Conferees note that the definition of ``explosives 
detection canine team'' as a ``canine and a canine handler that 
are trained to detect explosives, radiological materials, 
chemical, nuclear or biological weapons, or other threats as 
defined by the Secretary'' is intended to ensure that 
individual canine teams that are trained to detect any of these 
specific materials listed are eligible under this section. The 
Conferees recognize that explosives detection canines are not 
trained to additionally detect chemical, nuclear or biological 
weapons and that, at present, such teams cannot detect 
radiological materials. Further, the Conferees recognize that 
canines are trained to detect specific threats and cannot, at 
this time, effectively be crossed-trained to identify multiple 
threats. In requiring the TSA to develop canine training 
curriculum and performance standards under this section, the 
Conferees expect TSA to do so for those threats within the 
definition that are currently applicable to canine team 
detection. However, the Conferees trust that TSA will explore 
opportunities to train and/or acquire canines that are able to 
detect new and emerging threats, such as chemical, 
radiological, nuclear and biological weapons. To that end, the 
Conferees expect that prior to developing and distributing 
canine training curriculum and performance standards under this 
section, TSA will fully vet any ongoing training, whether 
domestic or international, that has a proven method to 
successfully detect those additional threats that may not 
currently be applicable to TSA-trained canines.

Section 1308. Maritime and surface transportation security user fee 
        study

      There is no comparable House provision.
      Section 1452 of the Senate bill requires the Secretary to 
study the need for, and feasibility of, establishing a system 
of maritime and surface transportation-related user fees that 
may be imposed and collected to fund maritime and surface 
transportation security improvements. In developing the study, 
the Secretary would be directed to consult with maritime and 
surface transportation carriers, shippers, passengers, facility 
owners and operators, and other persons. The study would 
include an assessment of current security-related fees in the 
United States, Canada, and Mexico; an analysis of the impact of 
fees on transportation carriers and shippers; and an evaluation 
of current private and public sector expenditures on maritime 
and surface transportation security. Within 1 year after the 
date of enactment, the Secretary would be required to transmit 
a report to Congress on the results of the study.
      The Conference substitute adopts the Senate provision 
with minor modifications.

Section 1309. Transportation Worker Identification Credential (TWIC)

      There is no comparable House provision.
      Sections 1454 and 1455 of the Senate bill codify the 
existing regulatory prohibitions against the issuance of 
transportation security cards to certain convicted felons.
      The Conference substitute adopts the Senate provision, 
with minor modifications, codifying the existing regulatory 
prohibitions against the issuance of transportation security 
cards to certain convicted felons. Nothing in this section is 
intended to change the waiver and appeal rights afforded to 
workers in 70105 of title 46. In fact, the Conferees expect 
that as the Secretary moves to implement the TWIC program, 
workers will have their waiver and appeal cases decided 
expeditiously and that a sufficient number of administrative 
law judges will be available to adjudicate these cases.

Section 1310. Roles of the Department of Homeland Security and the 
        Department of Transportation

      There is no comparable House provision.
      Sections 1421, 1425, 1435, 1441, 1442, 1444, 1448, 1449, 
1445, 1503 and 1506 of the Senate bill require the Secretary of 
Homeland Security to consult, coordinate, or work with the 
Secretary of Transportation in the implementation of the 
requirements of the sections. Section 1443 of the Senate bill 
further requires the Department of Homeland Security and the 
Department of Transportation to execute and develop an annex to 
the Memorandum of Understanding between the Departments signed 
on September 28, 2004, governing the specific roles, 
delineations of responsibilities, resources and commitments of 
the Department of Transportation and the Department of Homeland 
Security, respectively, in addressing motor carrier 
transportation security matters.
      The Conference substitute includes a provision which 
affirms and clarifies the current delineation of the roles and 
responsibilities of Department of Homeland Security and the 
Department of Transportation related to carrying out the 
provisions of this Act related to transportation security.

               TITLE XIV--PUBLIC TRANSPORTATION SECURITY

Section 1401. Short title

      There is no comparable House provision.
      Section 1501 of the Senate bill cited the short title as 
``The Public Transportation Terrorism Prevention Act of 2007.''
      The Conference Substitute adopts a compromise provision, 
providing that this title may be cited as ``The National 
Transit Systems Security Act of 2007.''

Section 1402. Definitions

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute adopts a definition section in 
an effort to clarify terms used in Title XIV of the bill.

Section 1403. Findings

      There is no comparable House provision.
      Senate Section 1502 finds that public transit is a top 
target of terrorism worldwide, that the Federal Government has 
invested significant sums in creating and maintaining the 
nation's transit infrastructure, that transit is heavily used 
and that the current Federal investment in security has been 
insufficient and greater investment is warranted.
      The Conference substitute adopts the Senate findings as 
modified.

Section 1404. National strategy for public transportation security

      There is no comparable House provision.
      The Senate bill does not require an additional strategy 
for transit beyond the modal requirements in Title XII.
      The Conference substitute adopts the Senate provision 
with modifications. The purpose of the strategy is to minimize 
security threats and maximize the abilities of public 
transportation systems to mitigate damage that may result from 
terrorist attacks. The Secretary of Homeland Security (the 
Secretary) is required to use established and ongoing public 
transportation security assessments and consult with all 
relevant stakeholders that are specified in the legislation in 
developing a national strategy.

Section 1405. Security assessments and plans

      There is no comparable House provision.
      Section 1503 of the Senate bill requires the Federal 
Transit Administration of the Department of Transportation to 
submit all public transportation security assessments and other 
relevant information to the Secretary 30 days after the date of 
enactment. The Secretary is also required to use the security 
assessments received as the basis for allocating grant funds, 
unless the Secretary notified the Senate Committee on Banking, 
Housing, and Urban Affairs that the Secretary determined an 
adjustment is necessary to respond to an urgent threat or other 
significant factors.
      The Senate provision requires the Secretary to conduct 
both annual updates to the existing assessments and new 
security assessments of all public transportation agencies 
considered to be at greatest risk of a terrorist attack. In 
addition, the Secretary is required to establish a process for 
developing security guidelines for public transportation 
security and to design a security improvement strategy that 
minimizes terrorist threats to public transportation systems, 
and maximizes the efforts of public transportation systems to 
mitigate damage from terrorist attacks. It also requires the 
Secretary to conduct security assessments, appropriate to the 
size and nature of each system, to determine the specific needs 
of bus-only and rural transit systems.
      The Conference substitute adopts the requirements 
included in the Senate bill with modification. It requires the 
Federal Transit Administration and the Department of 
Transportation to transfer all existing security assessments as 
well as any other relevant information to the Department of 
Homeland Security (the Department or DHS). It also requires the 
Secretary to review and augment the assessments and to conduct 
additional assessments as necessary to ensure that, at a 
minimum, all high-risk public transportation agencies will have 
a completed security assessment. The Conference substitute 
further specifies that each completed assessment should 
include, at a minimum, an identification of critical assets, 
infrastructure and systems and their vulnerabilities and an 
identification of any other security weaknesses, including 
weaknesses in emergency response planning and employee 
training. The Conference substitute adopts the Senate's 
provisions addressing bus-only and rural transit systems with a 
clarification that these assessments are meant to be 
representative of the needs of these systems and shall be made 
available for use by similarly situated systems.
      The Conference substitute adopts provisions related to 
mandatory security plans. All high-risk systems will be 
required to have a security plan provided they receive grant 
funding. However, the Conference agreed to provide the 
Secretary a waiver of that provision in order that he may 
require a security plan for a high-risk system that has not 
received grant funding, provided that upon issuance of that 
waiver, the Secretary, not less than three days after making 
that determination, provides Congress and the public 
transportation system written notice detailing the need for the 
security plan, the reason grant funding has not been made 
available and the reason the agency has been designated high-
risk. The Secretary is required to provide guidance on 
developing, preparing and implementing these plans. Developing 
security plans is an eligible expense for funds received under 
this Title. The security plans must be consistent with the 
security assessments developed by the Department and the 
National Strategy for Public Transportation Security. The 
Secretary is authorized to establish a program to develop 
security plans for systems that are not designated at high-
risk, provided that no such system may be required to develop a 
plan. Security plans are required to be updated annually, as 
appropriate.
      The Conference substitute also includes language on 
nondisclosure of information, encouraging coordination among 
different modes of transportation to the extent they share 
facilities, and allowing public transportation agencies to 
petition the Secretary to recognize existing protocols, 
procedures and standards as meeting all or part of the 
requirements for security assessments or plans.

Section 1406. Public transportation security assistance

      There is no comparable House provision.
      Section 1504 of the Senate bill created two separate 
grant programs, one for capital expenses and another for 
operating expenses. The Senate bill required coordination with 
State homeland security plans and appropriate consideration of 
multi-State transportation systems, along with Congressional 
notification prior to grant awards and the requirement that 
transit agencies return any misspent grant funds.
      The Conference substitute adopts the Senate provision 
with modifications. The Conference substitute establishes a 
single grant program that awards grants directly to eligible 
public transportation agencies for security improvements. A 
public transportation agency is eligible if the Secretary has 
performed a security assessment or the agency has developed a 
security plan. Grant funds provided under this program may only 
be awarded for permissible uses described in this section that 
address items in a security assessment or further the agency's 
security plan.
      The Conference agrees that the grants should be awarded 
pursuant to an agreement between the Departments of Homeland 
Security and Transportation. These two Departments are required 
to make their determination on the basis of what is the most 
efficient and effective method to deliver these grants directly 
to the transit agencies. The Conference expects that the 
delivery system chosen will reflect the system that meets these 
criteria. We note that there have been some concerns with the 
efficiency, efficacy and timeliness of the disbursal of these 
grants and believe that it is critical that the Secretaries 
reach a decision that will provide for these grants to be 
distributed as efficiently, effectively and quickly as 
possible. The Conference substitute in Section 1406(e) declares 
that all requirements of Section 5307 of Title 49 shall be 
applied to the recipients of these grant funds. Whichever 
Department distributes and awards the grants will have to be 
responsible for ensuring that those requirements are met.
      The Conference substitute also includes a list of 
eligible capital expenses and separately, a list of eligible 
operating expenses for the distribution of grant funds, and 
retains Senate language addressing coordination with State 
homeland security plans, multi-state transportation systems, 
Congressional notification and the requirement that transit 
systems return any misspent grant funds.
      The Conference substitute includes authorization levels 
for each year, although the overall amount of $3.5 billion was 
similar to the Senate bill. In addition, the Conference 
substitute includes a structure that caps the amount of funds 
that can be used for operational expenses each year of the 
authorization, declining from 50 percent in Fiscal Year 2008 to 
10 percent in 2011. The Conference expects that training costs 
will be the predominant use of operating funds in the first two 
years of the program which led to the decreasing limitation on 
operating funds over the life of the bill. The Conference 
substitute provides the Secretary with a waiver of the 
limitation on operating expenses, provided such waiver is used 
only in the interest of national security. Use of the waiver 
requires Congressional notification, prior to any such action. 
The Conference substitute also requires any funds distributed 
under Public Law 110-28 to be allocated based on risk and 
distributed solely to address security issues that have already 
been identified in security assessments.

Section 1407. Security exercises

      There is no comparable House provision.
      The Senate bill did not include a separate exercise 
provision, although security exercises were an eligible expense 
under the program, as shown in Section 1504(b).
      The Conference substitute adopts more specific language 
and requirements for the Secretary to establish a program for 
conducting security exercises. The program shall cover public 
transportation agencies, Federal, State and local governments, 
including emergency response providers and law enforcement as 
well as any other organizations that the Secretary determines 
are appropriate to include.

Section 1408. Public transportation security training program

      There is no comparable House provision.
      Section 1505 of the Senate bill contains a transit 
security training program detailing how the Secretary, in 
consultation with appropriate officials, is required to develop 
and issue detailed regulations for a public transportation 
worker security training program. Public transportation 
agencies who receive security funding must develop a 
comprehensive worker training program and submit it to the 
Secretary for approval. The Secretary must review the program 
and make necessary revisions. No later than one year after the 
plan has been established and reviewed, the public 
transportation agency must complete the training of all 
workers. The Secretary is required to report to Congress on the 
training program and update it as necessary.
      The Conference substitute adopts the security training 
program with modification. The Conference substitute requires 
all public transportation systems that receive security grants 
under this Title to train all frontline public transportation 
employees and other workers, as appropriate. The training 
requirement is for both initial and ongoing training for any 
agency that receives a security grant. The Conference 
substitute requires the Secretary to issue regulations, 
including interim final regulations, to implement the training 
requirement. In developing these regulations the Secretary must 
consult with appropriate law enforcement, fire service 
security, terrorism experts, representatives of public 
transportation systems and nonprofit employee labor 
organizations representing public transportation workers or 
emergency response personnel. Public transportation agencies 
that receive security funding must develop a comprehensive 
employee training program and submit it to the Secretary for 
approval. The Secretary must review the program and make 
necessary revisions. Not later than one year after each public 
transportation agency's training program has been established 
and reviewed, the public transportation agency must complete 
the training of all workers covered under the program. The 
Conference substitute also includes a study to be conducted by 
the Comptroller General on the implementation of the training 
program, requiring a survey of transit agencies and employees.

Section 1409. Public transportation research and development

      There is no comparable House provision.
      Section 1507 of the Senate bill includes a transportation 
research and development section to establish, through the 
Homeland Security Advanced Research Projects Agency, and in 
consultation with the Federal Transit Administration, a program 
to distribute grants or contracts to public and private 
entities to conduct appropriate research into technologies or 
methods of deterring and mitigating the effects of terrorist 
attacks. The Secretary must report to the Congress on the use 
of these funds and if the Secretary determines that grant funds 
were misspent, the grantee shall return grant funds to the 
Treasury of the United States.
      The Conference substitute adopts the Senate provision 
with a modification to establish a research and development 
program related to public transportation. The program will be 
established through the Homeland Security Advanced Research 
Projects Agency in the Science and Technology Directorate and 
will consult with the Federal Transit Administration. Grants 
and/or contracts will be awarded to public or private entities 
to conduct research or demonstrate technologies and methods to 
reduce and deter terrorist threats or to mitigate damage 
resulting from an attack. The Conference substitute also adopts 
language regarding privacy and civil rights and the Senate 
language on reporting and misspent grant funds and requires 
coordination with the priorities included in the National 
Strategy for Public Transportation Security. The Conference 
substitute authorizes $25,000,000 per year for this program.

Section 1410. Intelligence sharing

      There is no comparable House provision.
      The Senate bill, Section 1506, required the Secretary to 
provide sufficient financial assistance for the reasonable 
costs of the Information Sharing and Analysis Center for Public 
Transportation (ISAC). All transit agencies would be encouraged 
to participate in the ISAC and those that the Secretary deemed 
to be at significant risk would be required to participate. The 
imposition of fees was prohibited.
      The Conference substitute adopts the Senate proposal with 
modification. It includes a report to be conducted by the 
Comptroller General to examine the value and efficacy of the 
ISAC along with any other public transportation information 
sharing programs ongoing at the Department of Homeland 
Security, including the Homeland Security Information Network 
(HSIN) system. The Conference substitute also authorizes 
specific dollar amounts for the ISAC for Fiscal Years 2008-2010 
and such sums as necessary for 2011 provided the Comptroller's 
report has been submitted to Congress.

Section 1411. Threat assessments

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute requires the Secretary to 
complete a name-based security background check of public 
transportation front-line employees against the consolidated 
terrorist watch list and an immigration status check, within 
one year after the date of enactment, similar to the threat 
assessment conducted by the U.S. Coast Guard with regard to 
facility employees and longshoremen.

Section 1412. Reporting requirements

      There is no comparable House provision.
      Section 1508 of the Senate bill includes a reporting 
section that required the Secretary to submit a semi-annual 
report to the Committee on Banking, Housing and Urban Affairs, 
the Committee on Homeland Security and Governmental Affairs and 
the Committee on Appropriations, on the implementation of the 
capital and operational grant programs, the use of funds and 
the State of public transportation security in the United 
States. It further requires the Secretary to submit an annual 
report regarding the amount and use of grant funds to the 
Governor of each State with a public transportation agency that 
has received a grant.
      The Conference substitute broadens the reporting 
requirements included in the Senate bill to ensure that 
Congress receives substantive, useful information regarding 
public transportation security from the Department of Homeland 
Security. To that end, the Conference substitute includes an 
annual report to Congress, due on March 31st of each year, that 
includes: a description of the implementation of the provisions 
of Title XIV; the amount of funds appropriated to carry out the 
title that have not been spent; the National Strategy for 
Public Transportation Security; an estimate of the costs to 
fully implement the National Strategy for Public Transportation 
Security, to be broken out for each Fiscal Year from 2008 
through 2018; and the state of public transportation security 
in the United States. The Conference substitute maintains the 
Senate's requirement of an annual report to the Governors.

Section 1413. Whistleblower protection

      There is no comparable House provision.
      The Senate bill modifies existing whistleblower 
protections for rail employees.
      The Conference substitute adopts protections for public 
transportation employee whistleblowers, modeled on the 
protections available to railroad employees under 49 U.S.C. 
20109 as amended by this Act and aviation employees under 49 
U.S.C. 42121.

Section 1414. Security background checks of covered individuals for 
        public transportation

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute adopts a provision to ensure 
that if the Secretary of Homeland Security requires or 
recommends security background checks of public transportation 
employees, adversely affected employees will have an adequate 
redress process.

Section 1415. Limitation on fines and civil penalties

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute prohibits the Secretary and the 
surface transportation security inspectors (STSI) from issuing 
fines and civil penalties on public transportation agencies 
except in certain circumstances.
      The Secretary and the STSIs should use fines and civil 
penalties as a last recourse to achieve public transportation 
agency compliance with DHS security regulations only when other 
reasonable methods of gaining compliance have not produced 
adequate results. If a public transportation agency fails to 
correct a violation or to propose an alternative means of 
compliance acceptable to the Secretary, then the Secretary may 
issue fines or civil penalties under section 1302 of the 
Conference substitute. Additionally, the provision restricts 
the Secretary or STSIs from issuing fines and civil penalties 
for violations of administrative and procedural requirements 
related to the application and use of funds awarded under the 
transportation security grant programs in this Act. However, 
the Conference does not consider fraud, gross misuse of grant 
funds, or any criminal conduct related to the application for 
or use of grant funds awarded under this Act to be 
administrative requirements and, therefore, those acts will not 
be shielded from fines or civil penalties issued by the 
Secretary.

               TITLE XV--SURFACE TRANSPORTATION SECURITY

    Subtitle A--General Provisions

Section 1501. Definitions

      Section 1001 of the House bill contains several 
definitions related to transportation security.
      Section 1411 of the Senate bill defines the term ``high 
hazard materials.''
      The Conference substitute adopts definitions for terms 
applicable to the title, including a new definition of 
``security-sensitive materials,'' which must be defined by the 
Secretary of Homeland Security (the Secretary) through a rule 
making. The Conference believes that completing the definition 
of ``security-sensitive materials'' should be a high priority 
for the Department of Homeland Security (the Department or 
DHS), since the definition of this term is a pre-requisite for 
the implementation of several other provisions within this 
title.

Section 1502. Oversight and grant procedures

      There is no comparable House provision.
      Section 1426 of the Senate bill authorizes the Secretary 
of Homeland Security to enter into contracts to audit and 
review grants awarded under the bill. The Secretary is required 
to prescribe procedures and schedules for the awarding of 
grants under this title, including application and 
qualification procedures. In awarding grants, the Secretary may 
issue letters of intent (LOI) to recipients of grants awarded 
under this bill, as the Secretary may do now for aviation 
security funding through the Transportation Security 
Administration (TSA).
      The Conference substitute adopts the Senate provision as 
modified. It requires the Secretary to establish procedures, 
including those for monitoring and auditing to ensure that 
grants are expended properly and for application and 
qualification for grants. The provision also provides that for 
grants awarded to Amtrak under this title, the Secretary shall 
coordinate with the Secretary of the Department of 
Transportation (DOT) in establishing necessary grant 
procedures. Additionally, the provision permits either 
Department to enter into contracts for additional audits and 
reviews of such grants to Amtrak.
      The Conference substitute also permits the Secretary of 
Homeland Security to issue LOI's to grant recipients. The 
Conference acknowledges that an LOI is not a commitment of 
future funds by an agency. The Conference substitute requires 
that grant recipients return any misspent funds and that the 
Secretary take all necessary action to return such funds. It 
also requires the Secretary to notify appropriate Congressional 
Committees of its intent to award a grant. Finally, the 
Conference substitute requires that the Secretary ensure, to 
extent practicable, that grant recipients use disadvantaged 
business concerns as contractors or subcontractors.

Section 1503. Authorization of appropriations

      There is no comparable House provision.
      Section 1437 of the Senate bill authorizes appropriations 
for the Secretary of Homeland Security for Fiscal Years (FY's) 
2008-2010 and for the Secretary of Transportation for FY's 
2008-2011 to carry out the activities required by the Act.
      The Conference substitute adopts the Senate provision as 
modified to reflect the authorization levels contained within 
the sections of this title.

Section 1504. Public awareness

      There is no comparable House provision.
      Section 1434 of the Senate bill requires the Secretary of 
Homeland Security, in consultation with the Secretary of 
Transportation, within 90 days after the date of enactment of 
this Act, to develop a national plan for improved public 
outreach and awareness of measures that the general public, 
railroad passengers, and railroad employees can take to 
increase railroad system security. Not later than 9 months 
after the date of enactment of this Act, the Secretary would be 
directed to implement this plan.
      The Conference substitute adopts the Senate provision 
with minor modifications, including adding over-the-road bus 
security matters to the provision.

                     Subtitle B--Railroad Security

Section 1511. Railroad transportation security risk assessment and 
        national strategy

      There is no comparable House provision.
      Section 1421 of the Senate bill requires the Secretary of 
Homeland Security to establish a task force comprised of the 
Transportation Security Administration (TSA) and others to 
complete a risk assessment of freight and passenger rail 
transportation. It also requires the development of 
recommendations for improving rail security based on the 
required risk assessment and the establishment of plans to 
address such recommendations. This section requires the 
Secretary to report to the appropriate Congressional Committees 
on the assessment, recommendation, plans and costs to implement 
such recommendations. In addition, the Secretary is required to 
include in the recommendations a plan for the Federal 
government to provide security support at high threat levels of 
alert; a plan for coordinating existing and planned rail 
security initiatives undertaken by public and private entities; 
and a contingency plan developed in conjunction with intercity 
and commuter passenger railroads to ensure the continued 
movement of freight and passengers in the event of a terrorist 
attack. The provision authorizes $5 million for Fiscal Year 
2008 to carry out this section.
      The Conference substitute adopts the Senate provision, as 
modified. The modified provision requires the Secretary to 
establish a task force to complete a nationwide railroad 
security risk assessment, including freight, intercity 
passenger and commuter railroads. The Secretary may make use of 
the Government Coordinating Council in the establishing of the 
task force. Based upon this assessment, the Secretary is 
required to develop a modal plan for railroad security, 
entitled the ``National Strategy for Railroad Transportation 
Security,'' which will serve as the general Federal strategy 
for improving railroad security.
      In completing the assessment and the strategy required by 
this section, the Conference does not intend for TSA and the 
Department of Homeland Security to unnecessarily re-do existing 
assessment and modal plan work, of sufficient quality and 
relevance, already completed by the agency or other Federal, 
private or public stakeholders. However, the Conference expects 
any existing assessments and existing modal plans used to be 
synthesized into a comprehensive and coherent total assessment 
and strategy, not simply compiled into a single document. The 
Conference substitute authorizes $5 million for FY 2008 to 
carry out this section.
      The Conference notes its frustration with TSA's inability 
to complete a comprehensive risk assessment and national 
strategy for the railroad sector. The Conference believes 
fulfillment of this section to be an absolute priority, so that 
the results of the assessment may be used to guide the ongoing 
rail security efforts and the new programs called for in this 
Conference substitute.

Section 1512. Railroad carrier assessments and plans

      There is no comparable House provision.
      Section 1421 of the Senate bill requires the Secretary of 
Homeland Security to establish a task force to complete a risk 
assessment of freight and passenger rail transportation, 
develop recommendations for improving rail security based on 
the risk assessment, and establish plans to address such 
recommendations.
      The Conference substitute adopts a provision addressing 
railroad carrier risk assessments based upon elements of Senate 
Section 1421. The provision would require that railroad 
carriers assigned to a high-risk tier by the Secretary complete 
a vulnerability assessment and develop security plans to be 
approved by the Secretary. In addition, the Secretary would be 
authorized to establish a program to provide guidance and 
assistance for undertaking assessments and security plans and a 
process by which such voluntary assessments and plans may be 
approved by the Secretary for railroad carriers not assigned to 
a high-risk tier.

Section 1513. Railroad security assistance

      There is no comparable House provision.
      Section 1424 of the Senate bill authorizes the Secretary 
of Homeland Security, in consultation with the TSA and other 
entities, to make grants to freight railroads, the Alaska 
Railroad, hazardous materials shippers, owners of rail cars 
used to transport hazardous materials, institutions of higher 
education, State and local governments, and Amtrak, for full or 
partial reimbursement of costs incurred to prevent or respond 
to acts of terrorism, sabotage, or other risks. The Secretary 
would be required to adopt necessary procedures to ensure that 
grants made under this section are expended in accordance with 
the purposes of the Act. The Secretary awards and distributes 
all grants under this provision, except for grants to Amtrak 
which the Secretary can award, but the Secretary of 
Transportation would distribute using the well-established DOT 
grant process which is used to distribute Federal operating and 
capital grants to Amtrak. This section authorizes $100 million 
for the Department of Homeland Security for each of Fiscal 
Years 2008 through 2010 to carry out this section. Grants to 
Amtrak are limited to $45 million over the authorization period 
and certain grants related to hazardous materials rail security 
are limited to $80 million in total over the authorization 
period.
      The Conference substitute adopts a modified version of 
the Senate provision. The provision establishes a railroad 
security grant program for railroads that have completed a 
vulnerability assessment and security plan under Section 1513 
of the Conference substitute for a permissible use identified 
within the section. However, the Secretary has the discretion 
during the first three years after the date of enactment of the 
Act, or up until one year after the regulations are issued 
under section 1513, to award grants based on vulnerability 
assessments and security plans developed by railroad carriers 
that do not meet the requirements of Section 1513 if the 
Secretary finds such assessments and plans sufficient. 
Additionally, grants can be awarded under this provision to 
fully or partially fund the assessments and plans required 
under Section 1513. The Conference includes these provisions to 
ensure that eligible entities would be authorized to receive 
grant funds under this section as soon as possible upon 
enactment of the Conference substitute and so that eligible 
entities could use grant funds to develop the assessments and 
plans required under Section 1513 in a timely fashion.
      The Conference substitute assigns the responsibility of 
awarding and distributing grants to the Secretary, except for 
grants to Amtrak which the Secretary can award, but which the 
Secretary of Transportation would distribute using the well-
established Department of Transportation grant process to 
Amtrak. The Secretary of Homeland Security is also required to 
report to the appropriate Congressional Committees on the 
feasibility and appropriateness of requiring non-Federal match 
for grants awarded under this provision.
      The Conference believes the authorization of this grant 
program is particularly important because little of the 
existing DHS rail and transit security grant funds have been 
available to intercity passenger rail security and no grant 
funds have been made available for freight railroad security.

Section 1514. System-wide Amtrak security upgrades

      There is no comparable House provision.
      Section 1422 of the Senate bill authorizes the Secretary 
of Homeland Security, in consultation with the TSA, to make 
grants to Amtrak for the purposes of upgrading the security of 
assets, systems and infrastructure; securing tunnels, trains, 
and stations; hiring additional police officers; expanding 
emergency preparedness efforts; and for employee security 
training. The provision also requires that the Secretary of 
Transportation disburse the grants to Amtrak for projects 
contained in its system-wide security plan that it is required 
to develop. The provision authorizes funds to be appropriated 
for grants under this section for Fiscal Years 2008 through 
2010.
      The Conference substitute adopts the Senate provision as 
modified. The authorization amounts are increased and extended 
one Fiscal Year to reflect current and anticipated Amtrak 
security expenditures.

Section 1515. Fire and life safety improvements

      There is no comparable House provision.
      Section 1423 of the Senate bill authorizes the Secretary 
of Transportation to make grants to Amtrak for the purpose of 
making fire and life-safety improvements to Amtrak tunnels on 
the Northeast Corridor. This section authorizes $100 million in 
funding for the Department of Transportation for each of Fiscal 
Years 2008 through 2011 to make fire and life-safety 
improvements to the New York/New Jersey tunnels; $10 million 
for each of Fiscal Years 2008 through 2011 for improvements of 
the Baltimore & Potomac and Union tunnels in Baltimore, 
Maryland; and $8 million for each of Fiscal Years 2008 through 
2011 for improvements of the Washington, D.C., Union Station 
tunnels. The Secretary of Transportation is required to approve 
plans submitted by Amtrak before distributing grants. In 
addition, the Secretary of Transportation is authorized to 
consider the feasibility of seeking a financial contribution 
from other rail carriers towards the cost of the project. This 
section also authorizes $3 million in FY 2008 for preliminary 
design of a new railroad tunnel in Baltimore, Maryland.
      The Conference substitute adopts the Senate provision, 
but with reduced authorization levels to reflect the completion 
of portions of phase 1 of Amtrak's tunnel fire and life safety 
projects since the consideration of S. 4 by the Senate, and 
other changes.

Section 1516. Railroad carrier exercises

      Section 101 of the House bill provides grants to fund 
exercises to strengthen preparedness against risks of 
terrorism. Sections 301 and 302 of the House bill strengthen 
the design of the national exercise program to require it to 
enhance the use and understanding of the Incident Command 
System (ICS) by requiring that the national exercise program 
include model exercises for use by State, local and tribal 
governments. Section 1101 of the House bill requires the 
Secretary of Homeland Security to establish a program to 
enhance private sector preparedness for acts of terrorism and 
other emergencies and disasters, developing and conducting 
training and exercises to support and evaluate emergency 
preparedness and response plans and operational procedures.
      There is no comparable Senate provision.
      The Conference substitute adopts a new provision that 
requires the Secretary to create a security exercises program 
to test and evaluate the ability of railroads to prevent, 
prepare for, mitigate against, respond to, and recover from 
acts of terrorism. The provision also requires that the 
exercises conducted be tailored to the needs of particular 
facilities, including accommodations for individuals with 
disabilities; live, in the case of the most at-risk facilities 
to a terrorist attack; and coordinated with appropriate 
officials. The Conference substitute also requires that the 
Secretary, together with the Secretary of Transportation, 
ensure that the program consolidates existing railroad security 
exercises that are administered by the Departments, unless this 
requirement is waived by the Secretary of Homeland Security.
      The Conference intends for there to be one primary rail 
security exercises program within the Federal government 
administered by TSA, but are including the waiver authority to 
ensure that any Department of Transportation railroad safety or 
railroad hazardous materials exercises that have a nexus with 
security are not automatically consolidated into this program. 
The Conference expects that the consolidation of exercises that 
primarily relate to safety would only occur with the 
concurrence of the Secretary of Transportation and the 
Secretary of Homeland Security.

Section 1517. Railroad security training program

      There is no comparable House provision.
      Section 1429 of the Senate bill requires the Secretary of 
Homeland Security, in consultation with the Secretary of 
Transportation, not later than 1 year after the date of 
enactment of this Act, to work with law enforcement officials, 
as well as terrorism and railroad security experts, to develop 
and issue detailed guidance for a railroad worker security 
training program to prepare front-line workers for potential 
security threat conditions. This section also would require 
railroad carriers to adopt a worker security training program 
in accordance with the guidance and submit it to the Secretary 
of Homeland Security for approval. Within one year after the 
Secretary completes a review of a railroad carriers' training 
programs, the railroad carrier would be required to complete 
the training of all front-line employees consistent with the 
approved program.
      The Conference substitute adopts the Senate provision 
with modified language that requires the Secretary, in 
consultation with appropriate parties, to issue regulations for 
a railroad training program to prepare frontline employees, as 
defined in section 1501 of the Conference substitute, for 
potential security threats and conditions. Not later than 90 
days after the Secretary issues regulations, each railroad 
carrier would be required to submit for review and approval a 
security training program. Each freight and passenger railroad 
is required to complete training of all employees not later 
than one year after the Secretary approves its training 
program. The Secretary is required to review implementation of 
the training program.

Section 1518. Railroad security research and development

      There is no comparable House provision.
      Section 1425 of the Senate bill requires the Secretary of 
Homeland Security to, in conjunction with the Department of 
Homeland Security's Undersecretary for Science and Technology 
and the Administrator for TSA, and in consultation with the 
Secretary of Transportation, carry out a research and 
development program for the purpose of improving freight and 
intercity passenger rail security. In carrying out this 
section, the Secretary of Homeland Security would be required 
to coordinate with other research and development initiatives 
at the Department of Transportation. The Secretary also may 
award research and development grants to certain entities 
described in this section. This section authorizes $33 million 
for the DHS for each of Fiscal Years 2008 through 2011 for the 
Secretary to carry out this section.
      The Conference substitute adopts the Senate provision as 
modified to extend the authorizations to Fiscal Year 2011, to 
ensure coordination with other research and development 
initiatives, and with a provision included to ensure that any 
activities carried out under this section that could affect 
privacy, civil liberties or civil rights would receive privacy 
impact assessments.

Section 1519. Railroad tank car security testing

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute adopts a provision that would 
assess likely methods of a deliberate attack on a railroad tank 
car transporting toxic-inhalation-hazard materials and the 
potential impact of such attacks. It requires the Secretary of 
Homeland Security to conduct certain physical tests as part of 
the assessment and to submit a report within 30 days of 
completing the assessment to the appropriate Congressional 
Committees. The Conference substitute also requires an air 
dispersion modeling analysis of a rail tank car carrying toxic-
inhalation-hazard materials and specifies factors to be 
considered in that analysis, as well as parties to be consulted 
in conducting such analysis. Further, the substitute directs 
the Secretary to share the information developed through the 
analysis and submit a report to the appropriate Congressional 
Committees within 30 days of completion of all the modeling 
exercises. In performing the physical testing required under 
this section, the Conference expects that the Secretary will 
take into account other Federal agencies and resources with 
applicable expertise in such matters.

Section 1520. Railroad threat assessments

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute requires the Secretary of 
Homeland Security to implement a threat assessment screening 
program for all relevant transportation employees within one 
year after the date of enactment, including a name-based check 
for all employees against the consolidated terrorist watch list 
and an immigration status check, similar to the threat 
assessment conducted by the U.S. Coast Guard with regard to 
port workers.

Section 1521. Railroad employee protections

      There is no comparable House provision.
      Section 1430 of the Senate bill updates the existing 
railroad employee protections statute to protect railroad 
employees from adverse employment impacts due to whistleblower 
activities related to rail security. The provision precludes 
railroad carriers from discharging, or otherwise discriminating 
against, a railroad employee because the employee, or the 
employee's representative: provided, caused to be provided, or 
is about to provide, to the employer or the Federal government 
information relating to a reasonably perceived threat to 
security; provided, caused to be provided, or is about to 
provide testimony before a Federal or State proceeding; or 
refused to violate or assist in violation of any law or 
regulation related to rail security.
      The Conference substitute adopts a modified version of 
the Senate language. It modifies the railroad carrier employee 
whistleblower provisions and expands the protected acts of 
employees, including refusals to authorize the use of safety-
related equipment, track or structures that are in a hazardous 
condition. Additionally, the Conference substitute enhances 
administrative and civil remedies for employees, similar to 
those in subsection 42121(b) of title 49, United States Code. 
The language also provides for de novo review of a complaint in 
Federal District Court if the Department of Labor does not 
timely issue an order related to the complaint. The Conference 
substitute also raises the cap on punitive damages that could 
be awarded under this provision from $20,000 to $250,000.
      The Conference notes that railroad carrier employees must 
be protected when reporting a safety or security threat or 
refusing to work when confronted by a hazardous safety or 
security condition to enhance the oversight measures that 
improve transparency and accountability of the railroad 
carriers. The Conference, through this provision, intends to 
protect covered employees in the course of their ordinary 
duties. The intent of this provision is to ensure that 
employees can report their concerns without the fear of 
possible retaliation or discrimination from employers.

Section 1522. Security background checks of covered individuals

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute adopts a provision that would 
ensure that if the Secretary of Homeland Security issues a 
rule, regulation or directive requiring private employers to 
conduct security background checks for railroad workers, that 
it include a redress process for such workers similar to that 
provided under the Transportation Worker Identification 
Credential (TWIC) final rule, as required by 46 U.S.C. 
70105(c). The Secretary is also required to update private 
employers conducting background checks regarding guidance that 
has been issued and ensure that any future guidance issued on 
the topic is consistent with this provision. The Conference 
substitute requires the Secretary to issue a regulation 
prohibiting a railroad carrier or contractor or subcontractor 
to a railroad carrier from knowingly misrepresenting to an 
employee or other relevant person, including an arbiter 
involved in a labor arbitration, the scope, application, or 
meaning of any rules, regulations, directives, or guidance 
issued by the Secretary related to security background check 
requirements for covered individuals when conducting a security 
background check.
      It is not the intent of the Conference that this 
provision imply that it favors the Department of Homeland 
Security (DHS) requiring private employers to undertake 
security background checks. Rather, the Conference intends for 
the provision to ensure that if such regulations were ever to 
be promulgated by DHS, that it would contain due process 
protections similar to those in the TWICE rule would be 
available for employees. The Conference intends for private 
employees to retain all rights and authorities afforded them 
otherwise as private employers.

Section 1523. Northern border railroad passenger report

      There is no comparable House provision.
      Section 1428 of the Senate bill requires the Secretary, 
in consultation with the Transportation Security Administration 
(TSA), the Secretary of Transportation, heads of other 
appropriate Federal Departments and Agencies, and Amtrak, 
within one year after the date of enactment, to submit a report 
to Congress that contains: a description of the current system 
for screening passengers and baggage on rail service between 
the United States and Canada; an assessment of the current 
program to provide pre-clearance of airline passengers between 
the United States and Canada; an assessment of the current 
program to provide pre-clearance of freight railroad traffic 
between the United States and Canada; information on progress 
by the Department and other Federal agencies towards finalizing 
a bilateral protocol with Canada that would provide for pre-
clearance of passengers on trains operating between the United 
States and Canada; a description of legislative, regulatory, 
budgetary, or policy barriers to providing pre-screened 
passenger lists for such passengers; a description of the 
Canadian position with respect to pre-clearance; a draft of any 
changes to Federal law necessary to allow for pre-screening; 
and a feasibility analysis of reinstating in-transit 
inspections onboard international Amtrak trains.
      The Conference substitute adopts the Senate provision and 
includes language to ensure that any activities carried out 
under this section that could affect privacy, civil liberties 
or civil rights will receive privacy impact assessments. The 
Conference notes the significant delays that routinely plague 
Amtrak trains due to screening of passenger at or near the 
U.S.-Canadian border and that these delays both hamper 
international rail travel and increase costs for Amtrak, and 
therefore the Federal government. The Conference expects the 
Secretary of Homeland Security to work, in cooperation with 
Amtrak and the Canadian Government, to take steps to minimize 
such delays, as soon as practicable.

Section 1524. International Railroad Security Program

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute adopts a provision that would 
require the Secretary of Homeland Security to develop a system 
to detect both undeclared passengers and contraband entering 
the United States by railroad, with a primary focus on the 
detection of nuclear and radiological materials and to submit a 
report to Congress on its progress. The Secretary, in 
consultation with the TSA, the Domestic Nuclear Detection 
Office, and Customs and Border Protection, may take a number of 
actions authorized by the provision to develop this system.

Section 1525. Transmission line report

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute adopts a provision that would 
require that the Comptroller General perform the assessment of 
the security, safety, economic benefits and risks associated 
with the placement of high-voltage transmission lines along 
active railroad and other transportation rights of way.

Section 1526. Railroad security enhancements

      There is no comparable House provision.
      Section 1433 of the Senate bill allows police officers 
employed by a railroad to be deputized to help a second 
railroad in carrying out enforcement duties on the second 
railroad. In addition, the provision would require the 
Secretary of Transportation to write and distribute to States 
model railroad police commissioning laws to help prevent the 
problems posed by so-called ``scam railroads.'' ``Scam 
railroads'' are companies that are organized as railroads in 
order to obtain police powers but are not actually engaged in 
the railroad business.
      The Conference substitute adopts the Senate provision as 
modified to extend the date by which the Secretary of 
Transportation would be directed to complete the model state 
legislation.

Section 1527. Applicability of District of Columbia law to certain 
        Amtrak contracts

      There is no comparable House provision.
      Senate Section 1438 would require that any lease entered 
into between the National Railroad Passenger Corporation and 
the State of Maryland be governed by District of Columbia law.
      The Conference substitute adopts the Senate provision.

Section 1528. Railroad preemption clarification

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute adopts a provision that would 
clarify the intent and interpretations of the existing 
preemption statute and to rectify the Federal court decisions 
related to the Minot, North Dakota accident that are in 
conflict with precedent. The modified language restructures 49 
U.S.C. Sec. 20106 and changes its title from ``National 
Uniformity of Regulation'' to ``Preemption'' to indicate that 
the entire section addresses the preemption of State laws 
related to railroad safety and security.
      Subpart (a) of the Conference substitute is titled 
``National Uniformity of Regulation'' and contains the exact 
text of 49 U.S.C. Sec. 20106 as it existed prior to enactment 
of this Act. It is restructured for clarification purposes; 
however, the restructuring is not intended to indicate any 
substantive change in the meaning of the provision.
      Subpart (b) of the Conference substitute provides further 
clarification of the intention of 49 U.S.C. Sec. 20106, as it 
was enacted in the Federal Railroad Safety Act of 1970, to 
explain what State law causes of action for personal injury, 
death or property damage are not preempted. It clarifies that 
49 U.S.C. Sec. 20106 does not preempt State law causes of 
action where a party has failed to comply with the Federal 
standard of care established by a regulation or order issued by 
the Secretary of Transportation or the Secretary of Homeland 
Security, its own plan or standard that it created pursuant to 
a regulation or order issued by either of the Secretaries, or a 
State law, regulation or order that is not incompatible with 49 
U.S.C. Sec. 20106(a)(2).
      The modified language also contains a retroactivity 
provision, which clarifies that 49 U.S.C. Sec. 20106 applies to 
all pending State law causes of action arising from activities 
or events occurring on or after January 18, 2002, the date of 
the Minot, North Dakota derailment. Finally, this provision 
indicates that nothing in 49 U.S.C. Sec. 20106 creates a 
Federal cause of action on behalf of an injured party or 
confers Federal question jurisdiction for such State law causes 
of action.

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

Section 1531. Over-the-road bus security assessments and plans

      There is no comparable House provision.
      Section 1447 of the Senate bill requires the Secretary of 
Homeland Security to establish a program within the 
Transportation Security Administration (TSA) to make grants to 
private over-the-road bus operators and over-the-road bus 
terminal operators for the purposes of improving bus security. 
The provision stipulates that the Secretary may not make grants 
to over-the-road operators until the operators have submitted 
security plans and provided additional information that the 
Secretary may require. Section 1447 also requires the Secretary 
to undertake a bus security assessment, that would include an 
assessment of: the existing over-the-road bus security grant 
program; actions already taken to address identified security 
issues by both public and private entities and recommendations 
on whether additional safety and security enforcement actions 
are needed; whether additional legislation is needed to provide 
for the security of Americans traveling on over-the-road buses; 
the economic impact that security upgrades of buses and bus 
facilities may have on the over-the-road bus transportation 
industry and its employees; ongoing research and the need for 
additional research on over-the-road bus security, including 
engine shut-off mechanisms, chemical and biological weapon 
detection technology, and the feasibility of 
compartmentalization of the driver; industry best practices to 
enhance security; and school bus security, if the Secretary 
deems it appropriate.
      The Conference substitute requires the Secretary to issue 
regulations, not later than 18 months after the date of 
enactment, to require high-risk over-the-road bus operators to 
conduct vulnerability assessments and develop, submit and 
implement approved security plans. It allows the Secretary to 
establish a security program for over-the-road bus operators 
not assigned to a high-risk tier, including guidance on 
vulnerability assessments and security plans, and a review 
process, as appropriate. The Conference substitute also 
requires the Secretary to provide technical assistance and 
guidance on components of vulnerability assessments and 
security plans, in addition to relevant threat information 
necessary for preparing such assessments and plans. It requires 
the Secretary to review the vulnerability assessments and 
security plans not later than 6 months upon receipt, and 
approve such assessments and plans meeting the established 
requirements. The Conference substitute requires the Secretary 
to assign each over-the-road bus operator to a risk based tier 
and operators may be reassigned by the Secretary based on 
changes in risk. Finally, it requires that the over-the-road 
bus operators evaluate the adequacy of the assessments and 
plans submitted to the Secretary not later than 3 years after 
the date on which the assessment or plan was submitted, and at 
least once every five years thereafter.

Section 1532. Over-the-road bus security assistance

      There is no comparable House provision.
      Section 1447 of the Senate bill requires the Secretary of 
Homeland Security to establish a program within TSA to make 
grants to private over-the-road bus operators and over-the-road 
bus terminal operators for the purposes of emergency 
preparedness drills and exercises, protecting high risk assets, 
counter-terrorism training and other security-related actions. 
This provision requires the Secretary, in making grants, to 
take into consideration security measures that over-the-road 
bus operators have taken since September 11, 2001. The 
Secretary may not make grants to private operators until the 
operators have submitted security plans and provided additional 
information that the Secretary may require. The provision 
further stipulates that the Secretary must submit a report to 
Congress and must consult with industry, labor and other 
groups. This provision authorizes the following funding: $12 
million for FY 2008, $25 million for FY 2009, and $25 million 
for FY 2010. Section 1447 requires the Secretary to select the 
grant recipients, award, and distribute grants to eligible 
recipients.
      The Conference substitute adopts the Senate language, 
with modifications. It requires the Secretary to establish a 
grant program and stipulates that the funds may be used for one 
or more of the following: construction and modifying terminals 
to increase security; modifying over-the-road buses to increase 
their security; protecting the driver of an over-the-road bus; 
acquiring or improving equipment to collect, store and exchange 
passenger and driver information with ticketing systems and for 
links with government agencies for security purposes; 
installing cameras and video surveillance equipment; 
establishing and improving emergency communications systems; 
implementing and operating passenger screening programs; 
developing public awareness campaigns for over-the-road bus 
security; operating and capital costs associated with over-the-
road bus security; detection of chemical, biological, 
radiological or explosives, including the use of canine 
patrols; overtime reimbursement for security personnel; live or 
simulated security exercises; operational costs to hire, train 
and employ security officers; development of assessments or 
security plans; and other improvements deemed appropriate by 
the Secretary. The Conference substitute requires the Secretary 
to select the grant recipients and award the grants, but would 
require that, within 90 days following the date of enactment, 
that the Secretary and the Secretary of Transportation jointly 
determine the most effective and efficient means to distribute 
grants awarded under this section to grant recipients. 
Dependent on the result of this determination, one of the two 
Secretaries would be authorized to distribute the grants 
awarded under this section.
      The Conference substitute also stipulates eligibility, 
limitations on uses of funds, annual reports, and consultation 
with stakeholders. It authorizes $12 million for FY 2008 and 
$25 million for each of Fiscal Years 2009 through 2011.

Section 1533. Over-the-road bus exercises

      Section 101 of the House bill provides for grants to fund 
exercises to strengthen terrorism preparedness. Sections 301 
and 302 of the House bill strengthen the design of the National 
exercise program to require it to enhance the use and 
understanding of the Incident Command System (ICS) by requiring 
that the National Exercise Program include model exercises for 
use by State, local and tribal governments. Section 1101 of the 
House bill requires the Secretary of Homeland Security to 
establish a program to enhance private sector preparedness for 
acts of terrorism and other emergencies and disasters, 
including the development and the conducting of training and 
exercises to support and evaluate emergency preparedness, 
response plans, and operational procedures.
      There is no comparable Senate provision.
      The Conference substitute adopts a provision based on 
elements of the House provisions that require the Secretary to 
establish a program for conducting security exercises for over-
the-road bus transportation to prevent, prepare for, mitigate, 
respond to, and recover from acts of terrorism. The program 
shall include Federal, State, local agencies and tribal 
governments; over-the-road bus operators and terminal owners 
and operators; governmental and nongovernmental emergency 
response providers and law enforcement agencies; and other 
applicable entities. The program calls for consolidation of 
existing security exercises administered by the Department of 
Homeland Security, TSA and the Department of Transportation, as 
appropriate, and shall be comprised of live exercises tailored 
to the needs of the recipients, coordinated with appropriate 
officials, inclusive of over-the-road bus frontline employees, 
and consistent with the National Incident Management System, 
the National Response Plan and other related national 
initiatives, including the National Exercise Program. The 
exercises shall be evaluated by the Secretary and the ensuing 
best practices shall be shared with appropriate stakeholders, 
and used to develop recommendations of appropriate action.
      The Conference intends for there to be one primary over-
the-road bus security exercises program within the Federal 
government administered by TSA, but are including the waiver 
authority to ensure that any DOT motor carrier safety exercises 
that have a nexus with security are not automatically 
consolidated into this program. The Conference expects that the 
consolidation of exercises that primarily relate to safety 
would only occur with the concurrence of the Secretary of 
Transportation and the Secretary of Homeland Security.

Section 1534. Over-the-road bus security training program

      There is no comparable House provision.
      While there is no comparable Senate provision, Section 
1447 of the Senate bill provides grants to over-the-road bus 
operators and over-the-road bus terminal operators and owners 
for the purposes of improving bus security, including training 
employees in recognizing and responding to security risks, 
evacuation procedures, passenger screening procedures, and 
baggage inspection and hiring and training security officers.
      The Conference substitute adopts a new provision that 
would require, not later than 6 months after enactment, the 
Secretary of Homeland Security and TSA to develop and issue 
regulations for a bus training program to prepare the over-the-
road bus frontline employees, as defined in section 1501 of the 
Conference substitute, for potential security threats and 
conditions. In developing the regulation, the Secretary shall 
consult with the appropriate stakeholders including law 
enforcement, over-the-road bus operators, and nonprofit 
employee labor organizations. The program shall include 
security training for determining the following, including: the 
seriousness of an incident or threat; driver and passenger 
communication; appropriate responses and training related to 
terrorist incidents; understanding security procedures; 
operation and maintenance of security equipment. Not later than 
90 days upon issuance of the regulations, the over-the-road bus 
operators shall develop security training programs, which the 
Secretary shall review not later than 60 days upon receipt. Not 
later than 1 year after receiving the Secretary's approval of 
the program, the over-the-road bus operator shall complete the 
security training of all over-the-road bus frontline employees. 
The Secretary shall update the training regulations as 
appropriate and shall ensure that the program developed is a 
component of the National Training Program. Not later than 2 
years after the issuance of the regulation, the Secretary shall 
review the program and report to the appropriate Congressional 
Committees.

Section 1535. Over-the-road bus security research and development

      There is no comparable House provision.
      While there is no comparable Senate provision, Section 
1447 of the Senate bill requires the Secretary of Homeland 
Security to establish a program within TSA to make grants to 
private over-the-road bus operators and over-the-road bus 
terminal operators for the purposes of improving bus security. 
The section also requires the Secretary to undertake a bus 
security assessment that would include an assessment of ongoing 
research and the need for additional research on over-the-road 
bus security, including engine shut-off mechanisms, chemical 
and biological weapon detection technology, and the feasibility 
of compartmentalization of the driver.
      The Conference substitute adopts a provision that 
requires the Secretary, acting through the Under Secretary for 
Science and Technology and the Administrator of the 
Transportation Security Administration, to establish a research 
and development (R&D) program for over-the-road bus security. 
Eligible R&D projects include the following: reducing the 
vulnerability to explosives and hazardous chemical, biological 
and radioactive substances; testing of new emergency response 
and recovery techniques; developing improved technologies for 
emergency response training, and security and redundancy for 
critical communications. The R&D program shall be consistent 
with other transportation security R&D programs required by the 
Act, and shall be coordinated with related activities within 
the DHS as well as DOT, in addition to R&D conducted by 
additional entities and agencies. The provision permits R&D 
projects authorized in this section to be enacted through a 
reimbursable agreement, if necessary, or memoranda of 
understanding, contracts, grants, cooperative agreements or 
other applicable transactions. The Conference substitute also 
requires the Secretary to consult with the Chief Privacy 
Officer of the Department, and the Officer for Civil Rights and 
Civil Liberties, who must conduct privacy impact assessments 
and reviews, respectively and as appropriate, for R&D 
initiatives that could have an impact on privacy, civil rights 
or civil liberties. Finally, the provision authorizes $2 
million for each of Fiscal Years 2008 through 2011.

Section 1536. Motor carrier employee protections

      There is no comparable House provision.
      Section 1430 of the Senate bill updates the existing 
railroad employee protections statute to protect railroad 
employees from adverse employment impacts due to whistleblower 
activities related to rail security.
      The Conference substitute adopts a provision related to 
the Senate provision which expands whistleblower protections to 
motor carrier, including over-the-road bus, employees. It 
amends the current motor carrier employee whistleblower 
provision for safety to include whistleblower protections and 
increase employee protections related to security. This 
provision prohibits motor carriers from discriminating against 
or discharging any employee who reports a safety or security 
threat, or who refuses to work when confronted by a hazardous 
safety or security conditions. The Conference substitute also 
provides employees with additional administrative and civil 
remedies, including de novo review of a complaint in Federal 
District Court if the Department of Labor does not issue an 
order related to the complaint in a timely fashion. It 
authorizes all relief necessary to make a whistleblower whole, 
including damages, reinstatement with prior seniority status, 
special damages, and attorneys' fees. Punitive damages are also 
made available to employees in an amount not to exceed 
$250,000.
      The Conference believes that motor carrier, including 
over-the-road bus, employees must be protected when reporting a 
safety or security threat or refusing to work when confronted 
by a hazardous safety or security condition. The Conference, 
through this provision, intends to protect covered employees in 
the course of their ordinary duties. The intent of this 
provision is to ensure that employees can report their concerns 
without the fear of possible retaliation or discrimination from 
employers.

Section 1537. Unified Carrier Registration System agreement

      There is no comparable House provision.
      Section 1436 of the Senate bill reinstates the Single 
State Registration System (SSRS) used by some States to levy 
motor carrier registration fees. This system was repealed 
pursuant to the Safe, Accountable, Flexible and Efficient 
Transportation Equity Act--A Legacy for Users (SAFETEA-LU) in 
the 109th Congress and a new Unified Carrier Registration (UCR) 
system was required to be developed. However, the Department of 
Transportation missed the deadlines to implement the new UCR 
system, meaning the States no longer have the necessary Federal 
authority to charge motor carriers' registration fees. The 
Senate provisions reinstate the SSRS system until the UCR is 
implemented and thus provide authority for the States to 
collect registration fees.
      The Conference substitute adopts a modified version of 
the Senate provision which will extend the effect of Section 
14504 of title 49, U.S. Code, until January 1, 2008 or the 
effective date of final regulations issued under this section. 
The provision establishes a deadline of not later than October 
1, 2007 for the Federal Motor Carrier Safety Administration 
(FMCSA) to issue final regulations to establish the Unified 
Carrier Registration System and set fees for the calendar year 
2008 and subsequent calendar years, as required by law. The 
provision also amends relevant sections of SAFETEA-LU. By 
enacting this provision, the Conference does not intend that 
FMCSA should wait until 2008 to enact the Unified Carrier 
Registration System, in the event that the necessary 
regulations and fee structure are finalized in 2007. The 
Conference believes that FMCSA has the authority to set fees 
for 2007 pursuant to SAFETEA-LU and urges the expeditious 
enactment of the UCR plan and agreement and system as soon as 
possible.

Section 1538. School bus transportation security

      There is no comparable House provision.
      While there is no comparable Senate provision, Section 
1447 of the Senate bill requires the Secretary of Homeland 
Security to establish a program within TSA to make grants to 
private over-the-road bus operators and over-the-road bus 
terminal operators for the purposes of improving bus security. 
The section also requires the Secretary to undertake a bus 
security assessment that would include an assessment of school 
bus security, if the Secretary deems it appropriate.
      The Conference substitute expands upon the Senate 
provision and directs the Secretary to transmit a report to the 
appropriate Congressional Committees containing a comprehensive 
assessment of the risk of a terrorist attack on the Nation's 
school bus transportation system. The report shall include 
assessments of the following: the security risks to the 
Nation's publicly and privately operated school bus systems; 
actions taken by operators to address security risks; and the 
need for additional actions and investments to improve the 
security of passengers traveling on school buses. In conducting 
these assessments, the Secretary shall consult with relevant 
stakeholders.

Section 1539. Technical amendment

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute amends subsection 1992(d)(7) of 
title 18, United States Code, to clarify that a definition 
includes intercity bus transportation.

Section 1540. Truck security assessment

      There is no comparable House provision.
      Section 1445 of the Senate bill requires the Secretary, 
in coordination with the Secretary of Transportation, to 
transmit a report to Congress on security issues related to the 
trucking industry.
      The Conference substitute adopts the Senate provision, as 
modified. The Conference substitute requires the Secretary of 
Homeland Security, in coordination with the Secretary of 
Transportation, to issue a report, in either classified or 
redacted format, or both, within one year that includes an 
assessment of the security risks to the trucking industry, an 
assessment of truck security actions already taken by public 
and private entities, an assessment of the economic impact that 
security upgrades might have on the trucking industry, an 
assessment of ongoing security research, an assessment of 
industry best practices, and an assessment of the current 
status of secure truck parking.

Section 1541. Memorandum of Understanding Annex

      There is no comparable House provision.
      Section 1443 of the Senate bill requires an annex to the 
existing Memorandum of Understanding between the Department of 
Transportation and the Department of Homeland Security 
governing the specific roles, delineations of responsibilities, 
resources and commitments of the two Departments in addressing 
motor carrier transportation security.
      The Conference substitute adopts the Senate provision 
with a minor modification to emphasize that motor carrier 
transportation includes over-the-road bus transportation.

Section 1542. DHS Inspector General Report on Trucking Security Grant 
        Program

      There is no comparable House provision.
      Section 1453 of the Senate bill requires the Inspector 
General of the Department to submit a report to Congress within 
90 days of enactment on the Trucking Security Grant Program for 
Fiscal Years 2004 and 2005.
      The Conference substitute adopts the Senate provision, as 
amended, to require the Inspector General of the Department of 
Homeland Security to submit an additional report within one 
year to Congress that analyzes, using all years of available 
data, the performance, efficiency, and effectiveness of, the 
need for, and recommendations regarding the future of the 
Trucking Security Grant Program.

          Subtitle D--Hazardous Material and Pipeline Security

Section 1551. Railroad routing of security-sensitive materials

      There is no comparable House provision.
      Section 1431 of the Senate bill directs the Secretary of 
Homeland Security, in consultation with TSA and the Department 
of Transportation, to require rail carriers transporting high 
hazard materials to develop security threat mitigation plans, 
including alternative routing and temporary shipment suspension 
options, and to address assessed risks to high consequence 
targets. These threat mitigation plans are to be implemented 
when the threat levels of the Homeland Security Advisory System 
are high or severe or specific intelligence of probable or 
imminent threat exists toward high-consequence rail targets or 
infrastructure. Within 60 days of enactment of the Act, a list 
of routes used to transport high hazard materials must be 
submitted to the Secretary. Within 180 days after receiving the 
notice of high consequence targets on such routes by the 
Secretary, each rail carrier must develop and submit a high 
hazard materials security threat mitigation plan to the 
Secretary. Any revisions must be submitted to the Secretary 
within 30 days of the revisions being made. The Secretary, with 
the assistance of the Secretary of Transportation, is directed 
to review and transmit comments on the plans to the railroad 
carrier. A railroad carrier must respond to those comments 
within 30 days. The plans would be required to be updated by 
the railroad carrier every two years. This section also defines 
the following terms: ``high-consequence target,'' 
``catastrophic impact zone,'' and ``rail carrier.''
      The Conference substitute adopts a modified version of 
the Senate provision that requires the Secretary of 
Transportation, in consultation with the Secretary of Homeland 
Security, to publish a final rule for the transportation of 
hazardous materials that would require railroad carriers to 
compile commodity data of security sensitive materials and 
analysis of the safety and security risks for transportation 
routes of security sensitive materials. It also mandates that 
the final rule require that rail carriers that ship security-
sensitive materials identify alternate routes, analyze the 
safety and security considerations of such alternative routes, 
and use such routes with the least safety and security risk 
when transporting security-sensitive materials. The Conference 
substitute requires that when railroads consider alternative 
routes, they consider the use of routes with interchange 
agreements.

Section 1552. Railroad security sensitive material tracking

      There is no comparable House provision.
      Section 1435 of the Senate bill requires the Secretary of 
Homeland Security, in consultation with TSA, to develop a 
program to encourage the equipping of rail cars transporting 
high hazard materials with communications technology that 
provides information concerning car position, depressurization, 
and the release of hazardous materials. This section also 
authorizes $3 million in funding for each of Fiscal Years 2008 
through 2010 for the Secretary to carry out this section.
      The Conference substitute adopts the Senate language with 
minor modifications.

Section 1553. Hazardous materials highway routing

      There is no comparable House provision.
      Section 1442 of the Senate bill requires the Secretary of 
Transportation, within one year of enactment of the Act, in 
consultation with the Secretary of Homeland Security, to: 
document existing and proposed routes for the transportation of 
radioactive and non-radioactive hazardous materials by motor 
carrier and develop a framework by using a Geographic 
Information System-based approach to characterize routes in the 
National Hazardous Materials Route Registry; assess and 
characterize existing and proposed routes for the 
transportation of radioactive and non-radioactive hazardous 
materials by motor carrier for the purpose of identifying 
measurable criteria for selecting routes based on safety and 
security concerns; analyze current route-related hazardous 
materials regulations in the US, Canada, and Mexico to identify 
cross-border differences and conflicting regulations; document 
the concerns of the public, motor carriers, and State, local, 
territorial, and tribal governments about the highway routing 
of hazardous materials for the purpose of identifying and 
mitigating security risks associated with hazardous material 
routes; prepare guidance materials for State officials to 
assist them in identifying and reducing both safety concerns 
and security risks when designating highway routes for 
hazardous materials; develop a tool that will enable State 
officials to examine potential routes for the highway 
transportation of hazardous materials; transmit to the Senate 
Committee on Commerce, Science, and Transportation, and the 
House Committee on Transportation and Infrastructure a report 
on the actions taken to fulfill all the requirements of this 
section and any recommended changes to the routing requirements 
for the highway transportation of hazardous materials.
      Under Section 1442, within 1 year of the date of 
enactment, the Secretary of Transportation would be required to 
complete an assessment of the safety and national security 
benefits achieved under existing requirements for route plans 
for explosives and radioactive materials and shall submit a 
report to the appropriate Congressional Committees with the 
findings and conclusions of the assessment. The Secretary of 
Transportation is also directed to assess, and potentially 
require, the addition of certain high-hazardous materials to 
the list of existing hazardous materials that are required to 
be transported by motor carriers that use highway routing 
plans.
      The Conference substitute adopts the Senate language with 
minor modifications.

Section 1554. Motor carrier security-sensitive material tracking

      There is no comparable House provision.
      Section 1442 of the Senate bill requires the Secretary of 
Homeland Security, through TSA, and in consultation with the 
Secretary of Transportation, to develop a program to facilitate 
the equipping of motor carriers transporting high hazard 
materials with communications technology that provides frequent 
or continuous communications, vehicle position and location and 
tracking capabilities, and an emergency broadcast capability. 
This section authorizes $7 million to carry out this section 
for each of Fiscal Years 2008 through 2010, of which $3 million 
per year may be used for equipment and $1 million per year may 
be used for operations.
      The Conference substitute adopts the Senate language as 
modified. This section would require that the Secretary of 
Homeland Security, through the TSA, and in consultation with 
the Secretary of Transportation, develop a program to 
facilitate the deployment and use of tracking technologies for 
motor carrier shipments of certain security-sensitive hazardous 
materials. It retains the Senate provision authorization level 
amounts, but does not include the specific set-aside of a $1 
million per year that may be used for operations.
      The Conference expects that this program will help expand 
the use of technology that allows for continuous communication, 
position location and tracking, and emergency distress signal 
broadcasting, when such technologies can improve security 
without being overly burdensome, and that the provision will 
expand TSA's analysis of other tracking-related security 
technologies that could be beneficial to the security of 
hazardous materials truck shipments through the evaluation 
required under this section.

Section 1555. Hazardous materials security inspections and study

      There is no comparable House provision.
      Section 1444 of the Senate bill requires the Secretary of 
Homeland Security to establish a program within TSA, in 
consultation with the Secretary of Transportation, for 
reviewing hazardous materials security plans within one year 
after the enactment of this Act. Failure by any covered person 
to comply with part 172, title 49, Code of Federal Regulations, 
within 180 days after being notified by the Secretary is 
punishable by a civil penalty. In reviewing compliance with 
part 172, the Secretary is required to utilize risk assessment 
methodologies to prioritize review and enforcement actions to 
the highest risk hazardous materials transportation operations. 
This section also requires the Secretary of Transportation, 
within one year, in coordination with the Secretary of Homeland 
Security, to study to what extent the insurance, security, and 
safety costs borne by carriers of hazardous materials are 
reflected in the rates paid by shippers of such commodities, as 
compared to those for the transportation of non-hazardous 
materials. Section 1444 authorizes $2 million each of Fiscal 
Years 2008 through 2010.
      The Conference substitute adopts the Senate provision as 
modified. It directs the Secretary of Transportation, in 
consultation with the Secretary of Homeland Security to limit 
duplicative reviews of hazardous materials security plans 
required under part 172, title 49, Code of Federal Regulations. 
The Conference substitute retains the cost study from the 
original Senate provision.

Section 1556. Technical corrections

      There is no comparable House provision.
      Section 1450 of the Senate bill corrects technical errors 
to section 5103a of title 49, United States Code, by inserting 
``Secretary of Homeland Security'' in place of the term 
``Secretary''. This section also clarifies that an individual 
with a valid transportation worker identification card has 
satisfied the background records check required under 5103a of 
title 49, United States Code. This section does not preempt 
State requirements on background checks required to receive a 
hazardous materials endorsement.
      The Conference substitute adopts the Senate language with 
minor modifications to clarify the Department of Transportation 
and the Department of Homeland Security's roles in carrying out 
section 5103a of title 49, United States Code.

Section 1557. Pipeline security inspections and enforcement

      There is no comparable House provision.
      Section 1449 of the Senate bill requires the Secretary of 
Homeland Security, in consultation with the Secretary of 
Transportation, to establish a program for reviewing pipeline 
operator adoption of recommendations in the September 5, 2002, 
Department of Transportation Research and Special Programs 
Administration Pipeline Security Information Circular, 
including the review of pipeline security plans and critical 
facility inspections. Section 1449 also requires the Secretary 
of Homeland Security and the Secretary of Transportation to 
develop and implement a plan for reviewing pipeline security 
plans and an inspection of the critical facilities of the 100 
most critical pipeline operators covered by the September 5, 
2002 Circular. In reviewing pipeline operators, the Secretary 
of Homeland Security and the Secretary of Transportation shall 
use risk assessment methodologies to prioritize risks and to 
target inspection and enforcement actions to the highest risk 
pipeline assets. The section also requires the Secretary of 
Homeland Security and the Secretary of Transportation to 
develop and transmit to pipeline operators security 
recommendations for natural gas and hazardous liquid pipelines 
and pipeline facilities. If the Secretary of Homeland Security 
determines that regulations are appropriate, the regulations 
must incorporate the guidance provided to pipeline operators in 
the September 5, 2002 Circular and contain additional 
requirements as necessary based upon the results of inspections 
performed under this section. The regulations must also include 
the imposition of civil penalties for non-compliance. Finally, 
the provision authorizes appropriations of $2 million for 
Fiscal Years 2008 and 2009 for a pipeline security inspection 
and enforcement program.
      The Conference substitute adopts the Senate provision, 
with modifications to the dates for program implementation, 
review, and issuance of regulations, an extension of the 
authorization to Fiscal Year 2010, and other changes.
      With respect to pipelines, the Conference is aware that a 
portion of these critical facilities have been inspected, and 
do not expect re-inspections to be performed needlessly. The 
Conference expects the Secretary of Homeland Security and the 
Secretary of Transportation to inspect facilities that have not 
been inspected for security purposes since September 5, 2002, 
by either the Department of Transportation or the Department of 
Homeland Security, and to re-inspect those facilities which the 
Secretaries deem appropriate.

Section 1558. Pipeline security and incident recovery plan

      There is no comparable House provision.
      Section 1448 of the Senate bill requires the Secretary of 
Homeland Security, in consultation with the Secretary of 
Transportation and the Pipeline and Hazardous Materials Safety 
Administration (PHMSA), to develop a pipeline security and 
incident recovery protocols plan. The plan must be developed in 
accordance with the Memorandum of Understanding Annex executed 
on August 9, 2006 and take into account actions taken or 
planned by both private and public entities to address 
identified pipeline security issues and assess the effective 
integration of such actions. It also requires the Secretary of 
Homeland Security to transmit to Congress a report containing 
the plan, along with an estimate of the private and public 
sector costs to implement any recommendations.
      The Conference substitute adopts the Senate provision 
with modifications, including the requirement that the incident 
recovery protocols plan be developed in accordance with the 
National Strategy for Transportation Security and Homeland 
Security Presidential Directive-7, in addition to the pipeline 
security annex to the Department of Homeland Security-
Department of Transportation Memorandum of Understanding. 
Language was also added to require that the incident recovery 
protocol plan address the restoration of essential services 
supporting pipelines, such as electrical service.

                      TITLE XVI--AVIATION SECURITY

Section 1601. Airport checkpoint screening fund

      Section 403 of the House bill establishes an airport 
checkpoint screening fund to be funded in Fiscal Year 2008 with 
$250 million and expanded until exhausted for the procurement 
of explosives detection equipment at security checkpoints. 
These funds would be derived from the current Transportation 
Security Administration (TSA) security fee.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, as 
modified. It provides the TSA Administrator with the authority 
to expend funds in FY 2008 for the purchase, deployment, 
installation, research, and development of equipment to improve 
security screening for explosives at commercial airport 
checkpoints.
      The National Commission on Terrorist Attacks Upon the 
United States (the 9/11 Commission) asserted that while more 
advanced screening technology is being developed, Congress 
should provide funding for, and TSA should move as 
expeditiously as possible to support, the installation of 
explosives detection trace portals or other applicable 
technologies at more of the nation's commercial airports. 
Advanced technologies, such as the use of non-intrusive 
imaging, have been evaluated by TSA over the last few years and 
have demonstrated that they can provide significant 
improvements in threat detection at airport passenger screening 
checkpoints for both carry-on baggage and the screening of 
passengers.
      The Conference urges TSA to deploy such technologies 
quickly and broadly to address security shortcomings at 
passenger screening checkpoints. The Conference believes the 
best way to provide for the research and development of 
technologies and techniques that would prevent explosives from 
being placed onto passenger aircraft is to pilot these 
technologies at a diverse group of airports. The Conference 
directs the Secretary of Homeland Security (the Secretary) to 
give priority for these pilot projects to airports that have 
demonstrated their expertise as pilot sites and that have been 
selected by the TSA as ``model airports'' for the deployment of 
technology to detect explosives.

Section 1602. Screening of cargo carried aboard passenger aircraft

      Section 406 of the House bill requires 100 percent of 
cargo carried on passenger aircraft to be inspected no later 
than 3 years after the date of enactment. At a minimum, the 
inspection of such cargo should provide a level of security 
equivalent to the inspection of passenger checked baggage. The 
provision requires that the percent of such cargo that should 
meet these screening standards should be 35 percent by the end 
of Fiscal Year 2007, 65 percent by the end of Fiscal Year 2008, 
and 100 percent by the end of Fiscal Year 2009. The Secretary 
may issue an interim final rule (IFR) but must issue a final 
rule not later than one year after the IFR. After the system 
becomes operational, TSA is required to report to Congress, 
within 1 year, detailing the operations; and within 120 days, 
report on exemptions permitted under the system. The report on 
exemptions must also be provided to the Government 
Accountability Office (GAO) which must provide an assessment of 
such exemptions to Congress within 120 days of receiving the 
report.
      Section 1462 of the Senate bill requires TSA to develop 
and implement a system, within 3 years of the date of 
enactment, to provide for the screening of all cargo being 
carried on passenger aircraft. The Secretary may issue an 
interim final rule (IFR) but must issue a final rule not later 
than one year after the IFR. After the system becomes 
operational, the TSA is required to report to Congress, within 
1 year, detailing the operations and, within 180 days, 
assessing exemptions permitted under the system. The report on 
exemptions must also be provided to GAO which must provide an 
assessment of such exemptions to Congress within 120 days of 
receiving the report.
      The Conference substitute adopts a combination of the 
House and Senate provisions, as modified. It requires minimum 
standards for the screening of cargo on commercial passenger 
aircraft that must be commensurate with the level of screening 
for passenger checked baggage. The Conference substitute 
includes one benchmark; 50 percent of cargo on commercial 
passenger aircraft must be screened in 18 months and 100 
percent screening achieved in the three years following the 
date enactment of the legislation. The Conference considers 
that if TSA were unable to meet the first benchmark, TSA would 
be required to give classified briefings, on a periodic and to 
be determined frequency, to the Senate Committee on Commerce, 
Science and Transportation and to the House Committee on 
Homeland Security, to explain the status of TSA's ability to 
maximize the screening of cargo on commercial personal aircraft 
without causing negative repercussions on the flow of commerce.
      The Conference substitute also defines the term 
``screening'' in order to clarify the requirements of the 
section and the methods of screening the TSA Administrator is 
permitted to use to screen cargo on commercial aircraft. The 
Conference notes that the use of the phrase ``physical search 
together with manifest verification'' denotes one method of 
screening, separate and apart from the other methods listed in 
this subsection, such as X-ray systems, etc. The Conference is 
also concerned about TSA using data checks of cargo or 
shippers, including a review of information about the contents 
of the cargo or verifying the identity of a shipper through a 
database, such as the Known Shipper database, as a single 
factor in determining whether cargo poses a threat to 
transportation security. The Conference substitute, therefore, 
requires that if such data checks are used, they must be paired 
with an additional physical or non-intrusive screening method 
approved by TSA that examines the cargo's contents.
      If TSA does not submit a final rule to implement this 
program within one year after an interim final rule becomes 
effective, the Department of Homeland Security (the Department 
or DHS) will be required to submit status reports to the 
relevant Congressional Committees every 30 days until a final 
rule is issued. After the system becomes operational, TSA is 
required to report to Congress, within 1 year, detailing the 
operations and, within 120 days, report on exemptions permitted 
under the system. The report on exemptions must also be 
provided to GAO which must provide an assessment of such 
exemptions to Congress within 120 days of receiving the report.
      The Conference believes that TSA should consider 
establishing a system whereby aviation ground service providers 
that perform cargo security screening services for passenger 
aircraft, are compensated for costs incurred as a result of 
increased cargo security requirements.

Section 1603. In-line baggage screening

      Section 401 of the House bill requires the submission of 
an overdue cost-sharing study on in-line explosive detection 
systems (EDS) installation within 30 days of enactment, along 
with the Secretary's analysis of the study, a list of 
provisions the Secretary intends to implement, and a plan and 
schedule for implementation.
      Section 1465 of the Senate bill authorizes $450 million 
in discretionary funds for Fiscal Years 2008 through 2011 to 
fund the installation of in-line EDS at U.S. airports at a 
level approximate to the TSA's strategic plan for the 
deployment of such systems. It also requires the submission of 
an overdue cost-sharing study on in-line EDS installation 
within 30 days of enactment.
      The Conference substitute adopts a combination of the 
House and Senate provisions, as modified. It authorizes funding 
through Fiscal Year 2028. It further requires the submission of 
a cost sharing study and an analysis of the study by the DHS 
Secretary within 60 days of enactment of the legislation.

Section 1604. In-line baggage system deployment

      There is no comparable House provision.
      Section 1466 of the Senate bill mandates, through Fiscal 
Year 2028, the annual dedication of $250 million of the amounts 
currently collected in aviation security fees to the Aviation 
Security Capital Fund for the installation of in-line 
electronic screening systems for the enhanced screening of 
checked baggage at airports. The provision also bolsters the 
existing Letter of Intent (LOI) program, through changes in 
funding allocation requirements and requiring the creation of a 
prioritization schedule for planned projects.
      The Conference substitute adopts the Senate provision, as 
modified to require annual dedication, through Fiscal Year 
2028, of $250 million of the amounts currently collected in 
aviation security fees to the Aviation Security Capital Fund 
for the installation of in-line electronic screening systems 
for the enhanced screening of checked baggage at airports. 
Four-fifths of the annual allotment--not less than $200 
million--must be committed to the completion of LOIs, while the 
remaining funds may be distributed in a discretionary manner to 
fund such projects, in a priority manner, at small and non-hub 
airports. It also promotes leveraged funding for such projects, 
and to permit airports that have incurred eligible costs to 
improve baggage screening at their facilities to pursue 
reimbursement of such costs from TSA.
      The Conference strongly believes that this program should 
be managed as outlined in the legislation and that TSA and the 
Administration must have a 20-year horizon for the LOIs, rather 
than a limited short-term view which would have detrimental 
effects on the ability of airports to obtain requisite funding 
from the financial bond markets. The Conference believes that 
airports may not renegotiate previously agreed-upon Government 
contributions, through LOIs, or any other applicable 
arrangement, for in-line EDS systems.

Section 1605. Strategic plan to test and implement advanced passenger 
        prescreening system

      Section 409 of the House bill requires the Department, 
within 90 days of enactment, to submit a strategic plan to 
Congress that describes the system to be utilized for comparing 
passenger information to watch lists; explain the integration 
with international flights; and provide a projected timeline 
for testing and implementation its advanced passenger 
prescreening system.
      Section 1472 of the Senate bill requires the Department, 
within 180 days of enactment, to submit a strategic plan to 
Congress that describes the system to be utilized for comparing 
passenger information to watch lists; explains the integration 
with international flights; and provides a projected timeline 
for testing and implementation its advanced passenger 
prescreening system. In addition, the provision requires that a 
report by the GAO be issued to Congress within 90 days of 
enactment. This report must describe progress made in 
implementing Secure Flight; the effectiveness of the appeals 
process; integration with the international flight pre-
screening program operated by Customs and Border Protection 
(CBP); and other relevant observations.
      The Conference substitute adopts the House and Senate 
provisions, as modified. The provision would require the 
Department, in consultation with TSA, to submit a strategic 
plan to Congress, within 120 days of enactment of the 
legislation, that includes timelines for testing and 
implementation of its advanced passenger prescreening system. 
In addition, a GAO report must be issued to Congress within 180 
days to review, inter alia, the implementation of Secure Flight 
by the Department; the effectiveness of the appeals process; 
integration with the international flight pre- screening 
program operated by the CBP.

Section 1606. Appeal and redress process for passengers wrongly delayed 
        or prohibited from boarding a flight

      Section 407 of the House bill directs DHS to create an 
Office of Appeals and Redress to establish and administer a 
timely and fair process for airline passengers who believe they 
have been delayed or prohibited from boarding a passenger 
flight because they have been misidentified against the ``No-
Fly'' or ``Selectee'' watch lists. The Office of Appeals and 
Redress must establish a presence at each airport to begin the 
appeals process for those passengers wrongly identified against 
watch lists.
      Section 1471 of the Senate bill directs DHS to create an 
Office of Appeals and Redress to establish and administer a 
timely and fair process for airline passengers who believe they 
have been delayed or prohibited from boarding a passenger 
flight because they have been misidentified against the ``No-
Fly'' or ``Selectee'' watch lists.
      The Conference substitute combines the House and Senate 
provisions, as modified. It creates the Office in DHS to ensure 
an adequate appeal and redress process in place for passenger 
wrongly identified against watch lists, and to increase privacy 
protections for individuals. The provision requires Federal 
employees within DHS handling personally identifiable 
information (PII) of passengers to complete mandatory privacy 
and security training. In addition, the provision requires that 
DHS ensure that airline passengers are able to initiate the 
redress process at airports with a significant TSA presence.

Section 1607. Strengthening explosives detection at passenger screening 
        checkpoints

      Section 404 of the House bill directs TSA to issue, 
within 7 days, a strategic plan, as required by the 
Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458), for the deployment of explosives 
detection equipment at airport checkpoints.
      Section 1470 of the Senate bill directs DHS to issue, 
within 90 days after enactment, a strategic plan, as required 
by the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458), for the deployment of explosives 
detection equipment at airport checkpoints. It also requires 
TSA to begin full implementation of the strategic plan within 1 
year of its submission.
      The Conference substitute adopts a combination of the 
House and Senate provisions, as modified. It directs DHS, in 
consultation with TSA, to issue a strategic plan for the 
deployment of explosives detection equipment at airport 
checkpoints within 30 days of enactment, and requires the TSA 
to begin implementation of the plan within 1 year of its 
submission.

Section 1608. Research and development of aviation transportation 
        security technology

      There is no comparable House provision.
      Section 1467 of the Senate bill extends an authorization 
for research and development spending for aviation security 
technology at a level of $50 million through Fiscal Year 2009.
      The Conference substitute adopts the Senate provision, as 
modified to authorize research and development funding for 
aviation security technology at a level of $50 million through 
Fiscal Year 2011.

Section 1609. Blast-resistant cargo containers

      There is no comparable House provision.
      Section 1463 of the Senate bill requires TSA to develop a 
system by which the Administrator provides blast-resistant 
cargo containers to commercial passenger air carriers for use, 
on a random or risk-assessed basis, as determined by the 
agency. The cargo containers must be acquired by TSA within 90 
days of the agency's completion of development of the system.
      The Conference substitute adopts the Senate provision, as 
modified. It requires TSA to evaluate and distribute a report 
to Congress and the air carrier industry that includes the 
results of its blast resistant cargo container pilot program. 
After reporting, TSA must develop and implement a program 
consistent with the results of the evaluation to acquire the 
necessary blast resistant cargo containers and make them 
available to air carriers on a risk-assessed basis, as 
determined appropriate by the Administrator.

Section 1610. Protection of passenger planes from explosives

      There is no comparable House provision.
      Section 1464 of the Senate bill directs DHS to expedite 
research and development pilot projects that advance technology 
to protect passenger planes from the threat of explosive 
devices. It also requires the establishment of a grant program 
to fund projects the agency develops through this process, with 
an authorization for such sums as necessary for Fiscal Year 
2008.
      The Conference substitute adopts the Senate provision, as 
modified. It requires DHS, in consultation with TSA, to develop 
pilot projects that advance technology for protecting passenger 
planes from the threat of explosive devices and to establish a 
grant program to fund projects developed under the program with 
an authorization for fiscal year 2008.

Section 1611. Specialized training

      There is no comparable House provision.
      Section 1469 of the Senate bill requires TSA to provide 
specialized training to Transportation Security Officers for 
the development of advanced security skills, including behavior 
observation, explosives detection and document verification.
      The Conference substitute adopts the Senate provision. It 
requires TSA to provide specialized training to Transportation 
Security Officers for the development of advanced security 
skills, including behavior observation, explosives detection 
and document verification, to enhance the effectiveness of 
layered transportation security measures.

Section 1612. Certain TSA personnel limitation not to apply

      There is no comparable House provision.
      To ensure that the agency is properly staffed at a level 
necessary to screen travelers as air passenger traffic numbers 
continue to increase, Section 1468 of the Senate bill removes 
the arbitrary hiring cap on Transportation Security Officers of 
45,000 full-time equivalent (FTE) employees that is currently 
imposed on the TSA's screener workforce.
      The Conference substitute adopts the Senate provision. It 
removes the arbitrary screener cap of 45,000 full-time 
equivalent (FTE) employees that is currently imposed on the 
TSA's screener workforce so that the agency will be properly 
staffed at a level necessary to screen travelers as air 
passenger traffic numbers continue to increase.

Section 1613. Pilot project to test different technologies at airport 
        exit lanes

      There is no comparable House provision. Section 1479 of 
the Senate bill establishes a pilot program to test new 
technologies for reducing the number of TSA employees at 
airport exit lanes, and requires the TSA Administrator to brief 
Congressional Committees, within 180 days, on the program, and 
provide a final report within 1 year.
      The Conference substitute adopts the Senate provision, as 
modified. It directs TSA to conduct a pilot project, at no more 
than two airports, to identify technologies to improve security 
at airport exit lanes. The pilot program must ensure that the 
level of safety remains at, or above, the existing level of 
security at airports where the pilot program is initiated. TSA 
must brief appropriate Congressional Committees on the pilot 
program within 180 days of enactment on the pilot program, and 
provide a report on the program to those Committees within 18 
months of the program's implementation. The provision also 
stipulates that this section shall be executed using existing 
funds.

Section 1614. Security credentials for airline crews

      There is no comparable House provision.
      Section 1475 of the Senate bill mandates a report to 
Congress, within 180 days of enactment, on the status of 
efforts to institute a sterile area access system that will 
grant flight deck and cabin crews expedited access to secure 
areas through screening checkpoints. The report must include 
recommendations to implement the program for the domestic 
aviation industry within 1 year after the report is submitted, 
and fully deploy the system within 1 year of the report's 
submission.
      The Conference substitute adopts the Senate provision, as 
modified. It requires a report to Congress, within 180 days of 
enactment of the Act, on the status of efforts to institute a 
sterile area access system that will grant flight deck and 
cabin crews expedited access to secure areas through screening 
checkpoints. The report must include recommendations to 
implement the program for the domestic aviation industry within 
one year after the report is submitted, and fully deploy the 
system within one year of the report's submission. In addition, 
the provision lists the appropriate Committees of jurisdiction 
in the provision's reporting requirements.

Section 1615. Law enforcement officer biometric credential

      There is no comparable House provision.
      Section 1477 of the Senate bill requires a credential or 
system that incorporates biometric and other applicable 
technologies to verify the identity of law enforcement officers 
seeking to carry a weapon on board an aircraft.
      The Conference substitute adopts the Senate provision, as 
modified. It establishes, within 18 months of enactment, of a 
Federally managed, national registered armed law enforcement 
program for armed law enforcement officers traveling by 
commercial aircraft. It also requires that a report be 
submitted to Congress within 180 days of the program's 
implementation or a report explaining to Congress why the 
program has not been implemented with a further report every 90 
days until the program becomes operational.

Section 1616. Repair station security

      There is no comparable House provision.
      Section 1473 of the Senate bill mandates that security 
rules be put in place at foreign aviation repair stations, 
within 90 days of passage of the Act, and that once security 
rules are established, each repair station be reviewed and 
audited within a 6-month period. If no action is taken within 
90 days, the Administration will be prohibited from certifying 
any further foreign repair stations until such regulations are 
in place.
      The Conference substitute adopts the Senate provision, as 
modified. It requires that security rules be put in place at 
foreign aviation repair stations within 1 year of passage and 
that any security rules established be reviewed and audited 
within a 6 month period. If no action is taken within 1 year, 
the Administration will be prohibited from certifying any 
foreign repair stations that are not presently certified or in 
the process of certification until such regulations are in 
place.

Section 1617. General aviation security

      There is no comparable House provision.
      Section 1474 of the Senate bill requires TSA to develop a 
standardized threat and vulnerability assessment program for 
general aviation (GA) airports within 1 year, and create a 
program to perform such assessments at GA airports in the 
United States on a risk-assessed basis. TSA must also study the 
feasibility of a grant program for GA airport operators to fund 
key projects to upgrade security at such facilities, and 
establish that program if feasible. It further requires TSA to 
develop a program, within 6 months, under which foreign 
registered GA aircraft must submit passenger information to TSA 
to be checked against appropriate watch list databases prior to 
entering the United States.
      The Conference substitute adopts the Senate provision. It 
requires TSA to develop a standardized threat and vulnerability 
assessment program for GA airports within one year, and create 
a program to perform such assessments at GA airports in the 
United States on a risk-assessed basis. TSA must also study the 
feasibility of a grant program for GA airport operators to fund 
key projects to upgrade security at such facilities, and 
establish that program if feasible. The provision requires TSA 
to develop a program, within six months, under which GA 
aircraft originating from a foreign location must submit 
passenger information to TSA to be checked against appropriate 
watch list databases prior to entering the United States.

Section 1618. Extension of authorization for aviation security funding.

      Section 405 of the House bill provides an extension for 
aviation security funding through Fiscal Year 2011.
      Section 1461 of the Senate bill provides an extension for 
aviation security funding through Fiscal Year 2009.
      The Conference substitute combines the House and Senate 
provisions, as modified to extend aviation security funding 
through Fiscal Year 2011, corresponding to the time limits and 
other authorizations within the bill.

                       TITLE XVII--MARITIME CARGO

Section 1701. Container scanning and seals

      Section 501 of the House bill prohibits a container from 
entering the United States unless the container is scanned and 
secured with a seal that uses the best available technology, 
including technology to detect any breach of the container and 
record the time of that breach. The Secretary of Homeland 
Security (the Secretary) must establish standards for scanning 
and sealing containers, and must review and revise those 
standards at least once every two years. This section requires 
all countries (those exporting 75,000 or more twenty-foot 
equivalent units (TEU)) scan and seal containers within three 
years of the date of enactment. All other countries must scan 
and seal container within five years. The Secretary may extend 
the deadline for a port by one year.
      Section 905 of the Senate bill amends Section 232 of the 
SAFE Port Act of 2006 to require the Secretary develop a plan, 
which includes benchmarks, for scanning 100 percent of the 
containers destined for the United States using integrated 
scanning systems developed in the pilot program authorized in 
that section. It also requires that the plan incorporate 
existing programs, such as the Container Security Initiative 
and the Customs-Trade Partnership Against Terrorism.
      The Conference substitute adopts the House provision, as 
modified. This provision amends Section 232 of the SAFE Port 
Act of 2006 to require full-scale implementation of the 100 
percent scanning system pilot program required by that section 
no later than July 1, 2012. However, the Secretary is 
authorized to extend the deadline by two years, and may renew 
the extension in additional two-year increments, if the 
Secretary certifies to Congress that particular conditions can 
not be met. The provision provides a waiver for U.S. and 
foreign military cargo. It also requires the Secretary consult 
with other appropriate Federal agencies to ensure that actions 
taken under this section do not violate international trade 
obligations.
      This substitute also amends section 204(a)(4) of the SAFE 
Port Act by requiring the Secretary to issue an interim rule to 
establish minimum standards and procedures for securing 
containers in transit to the United States not later than April 
1, 2008. If the Secretary fails to meet that deadline, this 
section requires that effective October 15, 2008, and until 
such interim rule is issued, all containers in transit to the 
United States shall be required to meet the requirements of 
International Organization for Standardization Publicly 
Available Specification 17712 standard for sealing containers.
      The Conference expects the Secretary to work with the 
Secretary of State, the United States Trade Representative, and 
other appropriate Federal officials to work with our 
international partners and international organizations such as 
the World Customs Organization to establish an international 
framework for scanning and securing containers.
      The Conference is aware that the Department of Energy 
(DOE) has inherent capabilities to assess, through its 
cooperative agreements with numerous countries and port 
authorities, the adequacy of technical and operating procedures 
for cargo container scanning. To ensure smooth continuation of 
DOE's cooperative relationships with numerous countries and the 
further expansion of the Megavolts Second Line of Defense 
(SLEDDED) programs, the Conference expects that DHS and DOE 
shall closely coordinate their activities and consult prior to 
the establishment of technological or operational standards by 
the Secretary of Homeland Security. As part of the coordination 
requirement in this section, the Conference expects that where 
the scanning technology standards affect the DOE's Megavolts 
and SLEDDED programs, the Secretary shall invite the DOE to 
participate in the development and final review of such 
standards, and the Secretary of Homeland Security shall seek 
the concurrence of the Secretary of Energy.

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

Section 1801. Findings

      Section 1201 of the House bill contains findings and 
recommendations of the 9/11 Commission.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision with 
respect to the recommendations of the 9/11 Commission.
      The Conference notes that in late 2005 the members of the 

9/11 Commission also made the following determinations: (1) The 
United States Government has made insufficient progress, and 
deserves a grade ``D'', on efforts to prevent weapons of mass 
destruction (W.D.) proliferation and terrorism. (2) The 
Cooperative Threat Reduction (CAR) Program has made significant 
accomplishments but much remains to be done to secure weapons-
grade nuclear materials. The size of the problem still dwarfs 
the policy response. Nuclear materials in the Former Soviet 
Union still lack effective security protection, and sites 
throughout the world contain enough highly-enriched uranium to 
fashion a nuclear device but lack even basic security features. 
(3) Preventing the proliferation of W.D. and acquisition of 
such weapons by terrorists warrants a maximum effort, by 
strengthening counter-proliferation efforts, expanding the 
Proliferation Security Initiative (PSI), and supporting the CAR 
Program. (4) Preventing terrorists from gaining access to W.D. 
must be an urgent national security priority because of the 
threat such access poses to the American people. The President 
should develop a comprehensive plan to dramatically accelerate 
the timetable for securing all nuclear weapons-usable material 
around the world and request the necessary resources to 
complete this task. The President should publicly make this 
goal his top national security priority and ensure its 
fulfillment. (5) Congress should provide the resources needed 
to secure vulnerable materials as quickly as possible.

Section 1802. Definitions

      Section 1202 of the House bill defines terms used 
throughout Title XII of the House bill.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, 
with an amendment to clarify the term ``items of proliferation 
concern'' and makes a further clarifying change.

Section 1811. Repeal and modifications of limitations on assistance for 
        prevention of weapons of mass destruction proliferation and 
        terrorism

      Section 1211 of the House bill repeals and modifies 
various conditions on assistance to former Soviet States under 
the Department of Defense Cooperative Threat Reduction (CAR) 
Program and the Department of Energy Defense Nuclear 
Nonproliferation programs. Section 1211 would also repeal the 
cap on Department of Defense CAR program assistance outside the 
former Soviet Union, with respect to prior year funds, as well 
as Department of Energy nonproliferation program assistance 
outside the former Soviet Union, while increasing oversight of 
such programs.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, 
with an amendment that removes the repeal and modification of 
various conditions on assistance to States outside the former 
Soviet Union under the Department of Energy nonproliferation 
programs; removes the repeal of the funding cap on Department 
of Defense CAR assistance outside the former Soviet Union; and 
makes a clarifying change.
      The Conference notes that substitute is consistent with 
the recommendations of the 9/11 Commission regarding the need 
to expand, improve, and otherwise fully support the Department 
of Defense CAR Program and other efforts to prevent weapons of 
mass destruction proliferation and terrorism.
      The Conference further notes that the National Defense 
Authorization Act for Fiscal Year 2008, as passed by the House 
of Representatives (Report 110-146, May 11, 2007) and the 
National Defense Authorization Act for Fiscal Year 2008, as 
reported by the Senate Armed Services Committee (Report 110-77, 
June 5, 2007) both address the matters contained in this 
provision, including the funding cap on Department of Defense 
CAR assistance outside the former Soviet Union, and the 
Conferees expect that any final national defense authorization 
act for Fiscal Year 2008, as enacted, will further address 
these matters.

Section 1821. Proliferation security initiative improvements and 
        authorities

      Section 1221 of the House bill expresses the sense of 
Congress that, consistent with the recommendations of the 9/11 
Commission, the President should strive to expand and 
strengthen the Proliferation Security Initiative (PSI). Section 
1221 also requires the Secretary of Defense, in coordination 
with the Secretary of State and the head of any other Federal 
Department or Agency involved with PSI-related activities, to 
submit to the Congressional defense Committees a defined budget 
for the PSI, beginning with the Department of Defense budget 
submission for fiscal year 2009. Section 1221 further requires 
the President to submit to the relevant Congressional 
Committees, not later than 180 days after the enactment of 
H.R.1, as passed by the House of Representatives (H.R.1 EH, 
January 9, 2007), a report on the implementation of section 
1221, including steps taken to implement the recommendations of 
the Government Accountability Office (GAO) in the September 
2006 Report titled ``Better Controls Needed to Plan and Manage 
Proliferation Security Initiative Activities''. Section 1221 
also directs GAO to submit to Congress, beginning in fiscal 
year 2008, an annual report on its assessment of the progress 
and effectiveness of the PSI.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, 
with an amendment that narrows the scope of the sense of 
Congress; clarifies the annual budget submission; requires each 
budget submission to be accompanied by a report on PSI funding 
and activities; changes the GAO report to a biannual report for 
2007, 2009 and 2011; and makes clarifying and technical 
changes.
      The Conference recognizes that the annual budget request 
and the accompanying report for the PSI, required by the 
substitute, may not be fully inclusive of all funding required 
for PSI-related activities during the fiscal year for the 
budget request given unknown PSI-related activities that may 
arise throughout the fiscal year. However, the Conference 
expects the budget request and accompanying report to include 
all reasonably known obligations, costs and expenditures for 
PSI-related activities for the fiscal year of the budget 
request.
      The Conference believes that in order to effectively 
expand and strengthen the PSI, the United States should work 
with the international community to strengthen the PSI under 
international law and other international legal authorities. It 
is important for the United States and other PSI partners to 
seek greater international recognition of the need to conduct 
PSI-related activities within certain international areas, so 
that international waters and airspace do not become ``transit 
sanctuaries'' for countries, terrorist organizations, and 
unscrupulous businesses and individuals seeking to transfer 
items of proliferation concern. One promising avenue could be 
to encourage the U.N.'s ``1540 Committee,'' which is charged 
with monitoring international compliance with United Nations 
Security Council Resolution 1540 promoting nonproliferation, to 
recognize and endorse the need and ability of PSI partners to 
monitor and, in appropriate circumstances, interdict such 
shipments.

Section 1822. Authority to provide assistance to cooperative countries

      Section 1222 of the House bill authorizes the President 
to, notwithstanding any other provision of law, provide Foreign 
Military Financing, International Military Education and 
Training, and draw down of excess defense articles and services 
to any country, for a maximum of three years, that cooperates 
with the United States and with other countries allied with the 
United States to prevent the transport and transshipment of 
items of proliferation concern in its national territory or 
airspace or in vessels under its control or registry. Such 
assistance would be provided to enhance the capability of the 
recipient country to prevent the transport and transshipment of 
items of proliferation concern in its national territory or 
airspace, or in vessels under its control or registry, 
including through the development of a legal framework in that 
country, consistent with any international laws or legal 
authorities governing the PSI, to enhance such capability by 
criminalizing proliferation, enacting strict export controls, 
and securing sensitive materials within its borders, and to 
enhance the ability of the recipient country to cooperate in 
operations conducted with other participating countries. Such 
assistance could only be provided in accordance with existing 
procedures regarding reprogramming notifications under section 
634A(a) of the Foreign Assistance Act of 1961. Finally, this 
section prohibits the transfer of any excess defense vessel or 
aircraft to a country until reprogramming notice is made, if 
that country has not agreed that it will support and assist 
efforts by the United States to interdict items of 
proliferation concern.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, 
with an amendment that narrows the authority and adds an 
exemption to the limitation on an excess vessel or aircraft 
transfer if such transfer does not involve significant military 
equipment and the primary use of the vessel or aircraft will be 
for counter-narcotics, counter-terrorism or counter-
proliferation purposes.
      The Conference intends that assistance provided pursuant 
to this section shall remain subject to all existing law 
regarding the authorities listed in subsection (b) of this 
section. Thus, for example, the normal Congressional 
notification and review procedures will apply, as well as 
limitations related to human rights or military coups.

Section 1831. Findings; Statement of policy

      Section 1231 of the House bill contains findings and a 
statement of policy regarding assistance to accelerate programs 
to prevent weapons of mass destruction proliferation and 
terrorism. Section 1231 emphasizes that it shall be the policy 
of the United States, consistent with the 9/11 Commission's 
recommendations, to eliminate any obstacles to timely 
obligating and executing the full amount of any appropriated 
funds for threat reduction and nonproliferation programs in 
order to accelerate and strengthen progress on preventing 
weapons of mass destruction proliferation and terrorism, and 
that such policy shall be implemented with concrete measures 
such as those described in Title XII of H.R. 1, as passed by 
the House of Representatives (H.R.1 EH, January 9, 2007).
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision with 
respect to the policy of the United States to eliminate any 
obstacles to timely obligating and executing the full amount of 
any appropriated funds for threat reduction and 
nonproliferation programs, and the implementation of such 
policy with concrete measures.
      The Conference notes that certain U.S. threat reduction 
and nonproliferation programs have in past years encountered 
obstacles to timely obligating and executing the full amount of 
appropriated funds, and have therefore maintained unobligated 
and uncosted balances. Such obstacles have included lack of 
effective policy guidance, limits on program scope, practical 
inefficiencies, lack of cooperation with other countries, and 
lack of effective leadership to overcome such obstacles. The 
Conference also notes that although currently most Department 
of Defense Cooperative Threat Reduction and Department of 
Energy National Nuclear Security Administration 
nonproliferation programs are timely obligating and executing 
appropriated funds, the Department of Defense and the 
Department of Energy should ensure that this practice continues 
as such threat reduction and nonproliferation programs are 
accelerated, expanded and strengthened.

Section 1832. Authorization of Appropriations for the Department of 
        Defense Cooperative Threat Reduction Program

      Section 1232 of the House bill authorizes to be 
appropriated to the Department of Defense Cooperative Threat 
Reduction (CAR) Program such sums as may be necessary for 
Fiscal Year 2007 for biological weapons proliferation 
prevention; chemical weapons destruction at Shchuch'ye; and to 
accelerate, expand and strengthen CAR Program activities.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, 
with an amendment that changes the fiscal year of the 
authorization of appropriations to the Department of Defense 
CAR Program to Fiscal Year 2008; and clarifies that any sums 
appropriated pursuant to such authorization may not exceed the 
amounts authorized to be appropriated for such purposes by any 
national defense authorization act for Fiscal Year 2008.
      The Conference expects that any national defense 
authorization act for 2008 will authorize specific amounts to 
be appropriated for the Department of Defense CAR Program for 
Fiscal Year 2008.

Section 1833. Authorization of Appropriations for the Department of 
        Energy Programs to Prevent Weapons of Mass Destruction 
        Proliferation and Terrorism

      Section 1233 of the House bill authorizes to be 
appropriated to the Department of Energy National Nuclear 
Security Administration such sums as may be necessary for 
Fiscal Year 2007 nonproliferation programs.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, 
with an amendment that changes the fiscal year of the 
authorization of appropriations to Department of Energy 
National Nuclear Security Administration nonproliferation 
programs to Fiscal Year 2008; addresses specific purposes for 
any such authorization of appropriations in report language 
below; and clarifies that any sums appropriated pursuant to 
such authorization may not exceed the amounts authorized to be 
appropriated for such purposes by any national defense 
authorization act for Fiscal Year 2008.
      The Conference expects that any national defense 
authorization act for 2008 will authorize specific amounts to 
be appropriated for Department of Energy National Nuclear 
Security Administration nonproliferation programs for Fiscal 
Year 2008.
      The Conference notes that high priority Department of 
Energy National Nuclear Security Administration 
nonproliferation programs that could use additional funding 
include:
      (1) The Global Threat Reduction Initiative (GTRI), for 
(A) the Russian research reactor fuel return program; (B) 
conversion of research and test reactors from the use of highly 
enriched uranium to low-enriched uranium; (C) development of 
alternative low-enriched uranium fuels; (D) international 
radiological threat reduction, including security of vulnerable 
radiological sites, recovery and removal of unsecured 
radiological sources, and activities to address concerns and 
recommendations of the Government Accountability Office, in its 
report of March 13, 2007 titled ``Focusing on the Highest 
Priority Radiological Sources Could Improve DOE's Efforts to 
Secure Sources in Foreign Countries''; (E) emerging threats and 
sensitive nuclear materials not covered by other GTRI programs 
(``gap material''), including removal and disposal of highly-
enriched uranium and plutonium, and development of mobile 
equipment that enables rapid-response teams to quickly secure 
and remove nuclear materials and denuclearize comprehensive 
nuclear weapons programs; and (F) United States radiological 
threat reduction, including development of alternative 
materials for radiological sources that could be used in a 
radiological dispersion device, known as a ``dirty bomb'', and 
securing and storing excess and unwanted domestic radiological 
sources within United States borders.
      (2) Nonproliferation and International Security, to be 
used for (A) technical support to the six-party process on the 
denuclearization of the Democratic People's Republic of Korea; 
(B) application and deployment of technologies to detect 
weapons of mass destruction (W.D.) proliferation and verify 
W.D. dismantlement; (C) efforts to strengthen nuclear 
safeguards, including improved safeguards analysis capabilities 
for the International Atomic Energy Agency and research and 
development on the next generation of nuclear safeguards, and 
W.D. export control systems in foreign countries, including 
technical and other support to the International Atomic Energy 
Agency's efforts to build the capacity of countries to 
implement United Nations Security Council Resolution 1540; (D) 
training of border, customs and other officials in foreign 
countries to detect and prevent theft or other illicit transfer 
of W.D. or W.D.-related materials; (E) re-direction of 
displaced scientists and other personnel with expertise 
relating to W.D. research and development to sustained civil 
employment, including in Iraq, Libya and Russia; and (F) 
activities relating to the Proliferation Security Initiative 
(PSI) and other W.D. interdiction programs.
      (3) International Materials Protection and Cooperation, 
to be used for (A) implementation of physical protection and 
material control and accounting upgrades at sites; (B) national 
programs and sustainability activities in Russia, including 
activities to address concerns and recommendations of the 
Government Accountability Office in its report of February 2007 
titled ``Progress Made in Improving Security at Russian Nuclear 
Sites, but the Long-Term Sustainability of U.S. Funded Security 
Upgrades is Uncertain''; (C) material consolidation and 
conversion (including consolidation of excess highly-enriched 
uranium and plutonium into fewer more secure locations in 
Russia, and conversion of highly-enriched uranium to low-
enriched uranium in Russia); and (D) deployment and support of 
radiation detection equipment at key ports of transit, and 
implementation of Department of Energy actions under the 
Security and Accountability for Every Port Act of 2006 (also 
known as the SAFE Port Act; Public Law 109-347), under the 
Second Line of Defense Megavolts program.
      (4) Nonproliferation and Verification Research and 
Development, to be used for (A) development of technologies to 
detect and analyze activities relating to the global 
proliferation of W.D., including plutonium reprocessing, 
uranium enrichment, and special nuclear material movement; and 
(B) nuclear explosion monitoring, including improved nuclear 
material and debris analysis capabilities and research and 
development on improved domestic and world-wide nuclear 
material and debris collection capabilities.

Section 1841. Office of the United States Coordinator for the 
        Prevention of Weapons of Mass Destruction Proliferation and 
        Terrorism

      Section 1241 of the House bill establishes a Presidential 
Coordinator to improve the effectiveness of United States 
strategy and policies on weapons of mass destruction (W.D.) 
nonproliferation and threat reduction programs. The 
Coordinator's duties would include serving as the principal 
advisor to the President, formulating a comprehensive and well-
coordinated U.S. strategy for preventing W.D. proliferation and 
terrorism, and coordinating inter-agency action on these 
matters. The Coordinator would also conduct oversight and 
evaluation of relevant programs across the government and 
develop a comprehensive budget for such programs. Section 1241 
would also direct the Coordinator to consult regularly with the 
Commission on the Prevention of W.D. Proliferation and 
Terrorism, established under House section 1251, and to submit 
to Congress, for Fiscal Year 2009 and each fiscal year 
thereafter, an annual report on the strategic plan required 
under this section.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, 
with an amendment that strengthens the role of the Coordinator, 
by providing that the Coordinator may attend and participate in 
meetings of the National Security Council and the Homeland 
Security Council. It also makes clarifying and technical 
changes.

Section 1842. Sense of Congress on United States-Russia Cooperation and 
        Coordination on the Prevention of Weapons of Mass Destruction 
        Proliferation and Terrorism

      Section 1242 of the House bill expresses a sense of 
Congress that the President should request the President of the 
Russian Federation to designate a Russian official having the 
authorities and responsibilities for preventing weapons of mass 
destruction (W.D.) proliferation and terrorism, commensurate 
with those of the U.S. Coordinator for these matters, 
established under House section 1241, and with whom the U.S. 
Coordinator would interact.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, 
with an amendment that expresses a sense of Congress that the 
President should engage Russia's President in a discussion of 
the purposes and goals for the establishment of the Office of 
the United States Coordinator for the Prevention of Weapons of 
Mass Destruction and Terrorism; the authorities and 
responsibilities of the U.S. Coordinator; and the importance of 
strong cooperation between the U.S. Coordinator and a senior 
Russian official having authorities and responsibilities for 
preventing W.D. destruction and terrorism, and with whom the 
U.S. Coordinator would interact.

Section 1851. Establishment of Commission on the Prevention of Weapons 
        of Mass Destruction Proliferation and Terrorism

      Section 1251 of the House bill establishes a 
Congressional-Executive Commission on the Prevention of Weapons 
of Mass Destruction Proliferation and Terrorism.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision.

Section 1852. Purposes of commission

      Section 1252 of the House bill specifies that the 
purposes of the commission established in House section 1251 
are to assess current United States and international 
nonproliferation activities and provide a comprehensive 
strategy and concrete recommendations for such activities.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision.

Section 1853. Composition of commission

      Section 1253 of the House bill specifies the composition 
of the commission established in House Section 1251, including 
the appointment of co-chairmen of the commission.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, 
with an amendment that creates one chairman of the commission, 
rather than co-chairmen, and makes other changes to membership 
structure. The substitute also specifies qualifications for 
commission members; and makes clarifying the technical changes.

Section 1854. Responsibilities of commission

      Section 1254 of the House bill specifies the 
responsibilities of the commission established under section 
1251, including assessment of United States interagency 
coordination and commitments to international regimes. House 
Section 1254 also specifies that the commission shall reassess, 
and where necessary update and expand on, the conclusions and 
recommendations of the report titled ``A Report Card on the 
Department of Energy's Nonproliferation Programs with Russia'' 
of January 2001 (also known as the ``Baker-Cutler Report'').
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision.

Section 1855. Powers of commission

      Section 1255 of the House bill specifies the powers and 
responsibilities of the commission established under section 
1251 of that bill.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, 
with an amendment that authorizes staff for the commission.

Section 1856. Nonapplicability of Federal Advisory Committee Act

      Section 1256 of the House bill specifies that the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
commission established under section 1251.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision.

Section 1857. Report

      Section 1257 of the House bill requires, not later than 
180 days after the appointment of the commission established 
under section 1251 of that bill, the commission to submit to 
the President and Congress a final report containing the 
commission's findings, conclusions and recommendations.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision.

Section 1858. Termination

      Section 1258 of the House bill requires all authorities 
relating to the commission established under section 1251 to 
terminate 60 days after the date on which the commission's 
final report under House section 1257 is submitted.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision.

Section 1859. Funding

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute adopts a provision that 
specifically authorizes such sums as may be necessary for the 
purposes of the activities of the commission under this title.

   TITLE XIX--INTERNATIONAL COOPERATION OF ANTITERRORISM TECHNOLOGIES

Section 1901. Promoting Antiterrorism Capabilities through 
        International Cooperation

      There is no comparable House provision. However, the 
House has twice passed legislation to establish a Science and 
Technology Homeland Security International Cooperative Programs 
Office (Office). Specifically, the House passed H.R. 4942 
during the 109th Congress, and H.R. 884, a slightly modified 
version of H.R. 4942, during the 110th Congress.
      Section 1301 of the Senate bill directs the Department of 
Homeland Security's (Department) Under Secretary for Science 
and Technology (S&T) to establish the Science and Technology 
Homeland Security International Cooperative Programs Office. 
The purpose of the Office is to facilitate the planning, 
development, and implementation of international cooperative 
activities, such as joint research projects, exchange of 
scientists and engineers, training of personnel, and 
conferences, in support of homeland security.
      The Conference substitute adopts the Senate provisions, 
with minor modifications.
      The Conference substitute directs the Under Secretary for 
S&T to establish an Office to promote cooperation between 
entities of the United States and its allies in the global war 
on terrorism for the purpose of engaging in cooperative 
endeavors focused on the research, development, and 
commercialization of high-priority technologies intended to 
detect, prevent, respond to, recover from, and mitigate against 
acts of terrorism and other high consequence events and to 
address the homeland security needs of Federal, State, and 
local governments. The Office, located within the Department's 
S&T Directorate, is responsible for: promoting cooperative 
research between the United States and its allies on homeland 
security technologies; developing strategic priorities for 
international cooperative activity and addressing them through 
agreements with foreign entities; facilitating the matching of 
U.S. entities engaged in homeland security research with 
appropriate foreign research partners; ensuring funds and 
resources expended for international cooperative activity are 
equitably matched; and coordinating the activities of the 
Office with other relevant Federal agencies. This provision 
also requires the Office to submit a report every five years to 
Congress on the S&T Directorate's international cooperative 
activities.
      This provision also directs the Department to identify 
critical knowledge and technology gaps, if any, and establish 
priorities for international cooperative activities to address 
such gaps. The Department shall coordinate with other 
appropriate research agencies in order to avoid creating 
redundant activities. Specifically, it is understood that this 
new office must coordinate its activities with the Department 
of State and shall not infringe on the Department of State's 
role as the agency with primary responsibility within the 
Executive Branch for coordination and oversight over all major 
science or science and technology agreements and activities 
between the United States and foreign countries, in accord with 
Title V of the Foreign Relations Authorization Act, Fiscal Year 
1979. Further, any international agreements that the Department 
wishes to negotiate and conclude in support of international 
cooperative activity relating to homeland security would be 
subject to the Case-Zablocki Act (1 U.S.C. Sec. 112b).

Section 1902. Transparency of Funds

      There is no comparable House provision.
      Section 1302 of the Senate bill requires the Director of 
the Office of Management and Budget to ensure that all Federal 
grants expended by the Office are done so in compliance with 
the Federal Funding Accountability and Transparency Act of 2006 
(Public Law 109-282).
      The Conference substitute adopts the Senate provision.

                 TITLE XX--INTERNATIONAL IMPLEMENTATION

Section 2001. Short title

      The Conference substitute provides that Title XX of the 
Act may be cited as the ``9/11 Commission International 
Implementation Act of 2007.''

Section 2002. Definitions

      Section 1402 of the House bill contains the definitions 
applicable to Title XIV.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, as 
modified.

Section 2011. Findings; policy

      Section 1411(a) of the House bill contains Congressional 
findings.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, as 
modified. It describes the importance of education that teaches 
tolerance and respect for different beliefs as a key element in 
eliminating Islamic terrorism. The findings note that the 
National Commission on Terrorist Attacks Upon the United States 
concluded that ensuring education opportunity is essential to 
U.S. efforts to defeat global terrorism and recommended that 
the United States join other nations in providing funding for 
building and operating primary and secondary schools in Muslim 
countries where the governments of those countries commit to 
sensibly investing financial resources in public education. The 
findings also note that despite Congressional endorsement in 
the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458), such a program was not established. They 
also declare that it is United States policy: to work toward 
the goal of dramatically increasing the availability of modern 
basic education through public schools in predominantly Muslim 
countries; to join with other countries in supporting the 
International Muslim Youth Opportunity Fund; to offer 
additional incentives to increase the availability of basic 
education in Arab and predominantly Muslim countries; and to 
work to prevent financing of education institutions that 
support radical Islamic fundamentalism.

Section 2012. International Muslim Youth Opportunity Fund

      Section 1412 of the House bill amends section 7114 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458) by establishing an International Muslim 
Youth Opportunity Fund.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, as 
modified. It states the purpose is to strengthen the public 
educational systems in predominantly Muslim countries by 
authorizing the establishment of an International Muslim Youth 
Opportunity Fund and providing resources for the Fund to help 
strengthen the public educational systems in predominantly 
Muslim countries. The new section authorizes the establishment 
of an International Muslim Youth Opportunity Fund as either a 
separate fund in the U.S. Treasury or through an international 
organization or international financial institution; authorizes 
the Fund to support specific activities, including assistance 
to enhance modern educational programs; assistance for training 
and exchange programs for teachers, administrators, and 
students; assistance targeting primary and secondary students; 
assistance for development of youth professionals; and other 
types of assistance such as the translation of foreign books, 
newspapers, reference guides, and other reading materials into 
local languages and the construction and equipping of modern 
community and university libraries; and authorizes such sums as 
may be necessary for Fiscal Years 2008, 2009 and 2010 to carry 
out these activities. This subsection also authorizes the 
President to carry out programs consistent with these 
objectives under existing authorities, including the Mutual 
Educational and Cultural Exchange Act. This subsection requires 
the President to prepare a report to Congress on the United 
States' efforts to assist in the improvement of education 
opportunities for Muslim children and youths as well as the 
progress in establishing the International Muslim Youth 
Opportunity Fund.

Section 2013. Annual report to Congress

      Section 1413(a) of the House bill directs the Secretary 
of State to prepare an annual report.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, as 
modified. It directs the Secretary of State to prepare an 
annual report, not later than June 1 of each year until 
December 31, 2009, on the efforts of predominantly Muslim 
countries to increase the availability of modern basic 
education and to close educational institutions that promote 
religious extremism and terrorism. It also provides the 
requirements for the annual report.

Section 2014. Extension of program to provide grants to American 
        sponsored schools in predominantly Muslim countries

      Section 1414(a) of the House bill extends a program to 
provide grants to American sponsored schools in predominantly 
Muslim countries.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, as 
modified. It provides findings regarding the pilot program 
established by section 7113 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458). It also 
states that this program for outstanding students from lower-
income and middle-income families in predominantly Muslim 
countries is being implemented. It also provides for amendments 
to that section to extend the program for Fiscal Years 2007 and 
2008, authorizes such sums as may be necessary for such years, 
and requires a report in April 2008 about the progress of the 
program.

Section 2021. Middle East Foundation

      Section 1421(a) of the House bill deals with the Middle 
East Foundation.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, as 
modified. It states the purpose of this section, which is to 
support in the countries of the broader Middle East region, the 
expansion of civil society, opportunities for political 
participation of all citizens, protections for internationally 
recognized human rights; educational reforms; independent 
media, policies that promote economic opportunities for 
citizens; the rule of law; and democratic processes of 
government. It authorizes the Secretary of State to designate 
an appropriate private, non-profit United States organization 
as the Middle East Foundation and to provide funding to the 
Middle East Foundation through the Middle East Partnership 
Initiative. It also requires the Middle East Foundation to 
award grants to persons located in the broader Middle East 
region or working with local partners based in the region to 
carry out projects that support the purposes specified in 
subsection (a); and permits the Foundation to make a grant to a 
Middle Eastern institution of higher education to create a 
center for public policy. It also establishes the private 
nature of the Middle East Foundation. It prevents the funds 
provided to the Foundation from benefiting any officer or 
employee of the Foundation, except as salary or reasonable 
compensation for services. It also provides that the Foundation 
may hold and retain funds provided in this section in interest-
bearing accounts. The Conference substitute requires annual 
independent private audits, permits audits by the Government 
Accountability Office, and requires audits of the use of funds 
under this section by the grant recipient. This subsection also 
directs the Foundation to prepare an annual report on the 
Foundation's activities and operations, the grants awarded with 
funds provided under this section, and the financial condition 
of the Foundation. It defines the geographic scope of this 
section. It also repeals section 534(k) of Public Law 109-102.

Section 2031. Advancing United States interests through public 
        diplomacy

      Section 1431(a) of the House bill deals with advancing 
U.S. interests through public diplomacy.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, as 
modified. It contains a finding that the National Commission on 
Terrorist Attacks Upon the United States stated that the U.S. 
Government initiated some promising initiatives in television 
and radio broadcasting to the Arab world, Iran, and Afghanistan 
and that these efforts are beginning to reach larger audiences. 
It includes a sense of Congress that the United States needs to 
improve its communication of ideas and information to people in 
countries with significant Muslim populations, that public 
diplomacy should reaffirm the United States commitment to 
democratic principles, and that a significant expansion of 
United States international broadcasting would provide a cost-
effective means of improving communications with significant 
Muslim populations. It amends the United States International 
Broadcasting Act of 1994 to include a provision establishing 
special authority for surge capacity for U.S. international 
broadcasting activities to support United States foreign policy 
objectives during a crisis abroad. The provision also 
authorizes such sums to carry out the surge capacity authority 
and directs the Broadcasting Board of Governors to provide 
information on the use of this authority, as part of an 
existing annual report to the President and Congress.

Section 2032. Oversight of International broadcasting

      There is no comparable House provision.
      Section 1913 of the Senate bill requires the Board of 
Broadcasting Governors to transcribe into English all 
broadcasts by Voice of America, Radio Free Europe/Radio 
Liberty, Radio Free Asia, Radio Farad, Radio Saw, Alhurra, and 
the Office of Cuba Broadcasting.
      The Conference substitute is a narrower version of the 
Senate provision. It requires the Broadcasting Board of 
Governors to initiate a pilot project to transcribe into the 
English language news and information programming broadcast by 
Radio Farad, Radio Saw, the Persia Service of the Voice of 
America, and Alhurra. It also provides that this transcription 
shall consist of random sampling and that the transcripts shall 
be made available to Congress and the public. In addition, it 
contains a reporting requirement and authorizes $2 million in 
appropriations for this pilot project.

Section 2033. Expansion of United States scholarship, exchange, and 
        library programs in predominantly Muslim countries

      Section 1433(a) of the House bill directs the Secretary 
of State to prepare a report every 180 days until December 31, 
2009, on the recommendations of the National Commission on 
Terrorist Attacks Upon the United States,
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, as 
modified. It directs the Secretary of State to prepare a report 
every 180 days until December 31, 2009, on the recommendations 
of the National Commission on Terrorist Attacks Upon the United 
States for expanding U.S. scholarship, exchange, and library 
programs in predominantly Muslim countries, including a 
certification by the Secretary of State that such 
recommendations have been implemented or if a certification 
cannot be made, what steps have been taken to implement such 
recommendations. It provides for the termination of the duty to 
report when the certification pursuant to subsection (a) has 
been submitted.

Section 2034. U.S. policy toward detainees

      Section 1434 of the House bill deals with detainees.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, as 
modified. It provides findings that the 9/11 Commission 
recommended that the United States develop a common coalition 
approach toward detention and humane treatment of captured 
terrorists, that a number of U.S. allies are conducting 
investigations related to treatment of detainees and the 
Secretary of State has launched an initiative to address the 
differences between the United States and its allies. It 
expresses the sense of Congress that the Secretary of State 
should continue to build on the efforts to engage U.S. allies 
in compliance with Common Article 3 of the Geneva Conventions 
and other applicable legal principles, toward the detention and 
humane treatment of individuals detained during Operation Iraqi 
Freedom, Operation Enduring Freedom, or in connection with 
United States counterterrorism operations. It also requires 
that the Secretary keep the appropriate Congressional 
committees fully informed of the developments of these 
discussions and requires a report on the progress made 180 days 
after enactment of this Act.

Section 2041. Afghanistan

      Section 1441 of the House bill relates to Afghanistan.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, as 
modified. It describes Congressional findings, including that a 
democratic, stable, and prosperous Afghanistan is vital to the 
national security of the United States and to combating 
international terrorism; that following the ouster of the 
Taliban regime in 2001, the Government of Afghanistan has 
achieved some notable successes; that there continue to be 
factors that pose a serious and immediate threat to the 
stability of Afghanistan; and that the United States and the 
international community must significantly increase political, 
economic, and military support to Afghanistan to ensure its 
long-term stability and prosperity, and to deny violent 
extremist groups such as al Qaeda sanctuary in Afghanistan. It 
declares that it is the United States' policy to vigorously 
support the Government and people of Afghanistan with 
assistance and training, particularly in strengthening 
government institutions, as they continue to commit to the path 
toward a government representing and protecting the rights of 
all Afghans.
      Moreover, the Conference substitute declares that the 
United States shall maintain its long-term commitment to the 
people of Afghanistan by increased assistance and the continued 
deployment of United States troops in Afghanistan. This section 
also states that the President shall engage aggressively with 
the Government of Afghanistan and NATO to explore all 
additional options for addressing the narcotics crisis in 
Afghanistan, including considering whether NATO forces should 
change their rules of engagement regarding counter-narcotics 
operations. In addition, this subsection declares that the 
United States shall continue to foster greater understanding 
and cooperation between the governments of Afghanistan and 
Pakistan. This provision makes it a statement of Congress that 
the Afghanistan Freedom Support Act of 2002 be reauthorized and 
updated. It also directs the President to make increased effort 
to improve the capability and effectiveness of police training 
programs, including, if appropriate, by dramatically increasing 
the numbers of United States and international police trainers, 
mentors, and police personnel operating with Afghan civil 
security forces and shall increase efforts to assist the 
Government of Afghanistan in addressing corruption; and directs 
the President to submit a report on the United States efforts 
to fulfill the requirements in this subsection.

Section 2042. Pakistan

      Section 1442 of the House bill relates to Pakistan's 
commitment to fighting terrorism.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, as 
modified. It contains Congressional findings describing the 
Government of Pakistan's commitment to combating international 
terrorism and the critical issues threatening to disrupt the 
relationship between the United States and Pakistan, undermine 
international security, and destabilize Pakistan. The findings 
also describe the publicly stated goals of Pakistan and their 
close agreement with the national interests of the United 
States and the opportunity for a shared effort in achieving 
correlative goals. This provision also declares that it is the 
policy of the United States to work with the Government of 
Pakistan to maintain its long-term strategic relationship; to 
combat international terrorism; to end the use of Pakistan as a 
safe haven for forces associated with the Taliban; to 
dramatically increase funding for programs of the U.S. Agency 
for International Development and the Department of State; to 
work with the international community to secure additional 
financial and political support to assist the Government of 
Pakistan in building a moderate, democratic State; to 
facilitate greater cooperation between the Governments of 
Afghanistan and Pakistan; and to work with the Government of 
Pakistan to prevent the proliferation of nuclear technology.
      The Conference substitute requires the President to 
submit a report on the long-term strategy of the United States 
to engage with the Government of Pakistan to address curbing 
the proliferation of nuclear weapons technology, combating 
poverty and corruption, building effective government 
institutions, promoting democracy and the rule of law, 
addressing the continued presence of the Taliban and other 
violent extremist forces throughout the country, and 
effectively dealing with Islamic extremism. This section also 
prohibits the provision of United States security assistance to 
Pakistan for Fiscal Year 2008 until the President determines 
that the Government of Pakistan is committed to eliminating the 
Taliban from operating in areas under its sovereign control, is 
undertaking a comprehensive campaign to accomplish this goal, 
and is making demonstrated, significant, and sustained progress 
towards eliminating support or safe haven for terrorists, and 
requires the President to submit a justification for any such 
determination made.
      Moreover, the Conference substitute provides a sense of 
Congress that the national security interest of the United 
States will best be served if the United States develops and 
implements a long-term strategy to improve the United States' 
relationship with Pakistan and works with Pakistan to stop 
nuclear proliferation. It also authorizes such sums as may be 
necessary for assistance for Pakistan in various different 
accounts. This subsection also states that the determination of 
the level of funds authorized to be appropriated be determined 
by the degree to which the Government of Pakistan makes 
progress in preventing terrorist organizations from operating 
in Pakistan and in implementing democratic reforms and 
respecting the independence of the press and the judiciary. In 
addition, it requires a report to be submitted by the Secretary 
of State describing the degree to which such progress has been 
made. It also extends waivers of foreign assistance 
restrictions with respect to Pakistan through the end of Fiscal 
Year 2008 and includes a sense of Congress that extensions of 
these waivers beyond Fiscal Year 2008 should be informed by 
whether Pakistan makes progress in rule of law and other 
democratic reforms and whether it holds a successful 
parliamentary election.

Section 2043. Saudi Arabia

      Section 1443 of the House bill contains Congressional 
findings that the Kingdom of Saudi Arabia.
      There is no comparable Senate provision.
      The Conference substitute adopts the House provision, as 
modified. It contains Congressional findings that the Kingdom 
of Saudi Arabia's record in the fight against terrorism has 
been uneven and that the United States has a national security 
interest in working with the Government of Saudi Arabia to 
combat international terrorists. This section also expresses a 
sense of Congress that the Government of Saudi Arabia must 
undertake a number of political and economic reforms in order 
to more effectively combat terrorism. In addition, the 
Conference substitute requires a report on United States long-
term strategy to engage with the Saudi Government to facilitate 
reform, to combat terrorism and to provide an assessment on 
Saudi progress to becoming a party to the International 
Convention for the Suppression of the Financing of Terrorism 
and on the activities and authority of the Saudi 
Nongovernmental National Commission for Relief and Charity Work 
Abroad.

                 TITLE XXI--ADVANCING DEMOCRATIC VALUES

Section 2101. Short title

      Section 2101 of the Senate bill states that this title 
may be referred to as the, ``Advance Democratic Values, Address 
Nondemocratic Countries, and Enhance Democracy Act of 2007,'' 
or the ``ADVANCE Democracy Act of 2007.''
      There is no comparable House provision.
      The Conference substitute adopts the Senate provision, 
with an amendment expanding and revising the findings in this 
section.
      Title XXI, which was title XIX of the Senate bill and has 
no comparable House provision other than section 1421 of the 
House bill, comprises the ADVANCE Democracy Act of 2007, which 
gives statutory standing to the U.S. framework to strengthen 
and institutionalize U.S. support for the promotion of 
democratic principles and practices worldwide. Since the 
President's speech at the National Endowment for Democracy on 
November 6, 2003, and his second inaugural address on January 
20, 2005, the Department of State has been taking steps to 
strengthen U.S. Government democracy promotion programs. The 
Conference recognizes that there are already a number of 
experienced and dedicated career State Department officials who 
focus their talents and energy on democracy promotion. The 
Conference believes these efforts could be strengthened by 
further institutionalizing the focus on the protection of human 
rights and the promotion of democracy. In this sense, the 
ADVANCE Democracy Act represents Congressional support for the 
President's commitment to democracy promotion and the Secretary 
of State's ongoing efforts to change the State Department 
through the ``Transformational Diplomacy Initiative.'' The 
Conference intends that the Act will contribute to making 
democracy promotion a core element of U.S. foreign policy well 
beyond the time when the President's term of office has been 
completed.
      The Conference substitute adopts the Senate provisions, 
with amendments. The ADVANCE Democracy Act of 2007: (1) 
establishes new Democratic Liaison Officers and requires the 
Secretary to identify at least one office responsible for 
supporting the new officers and providing liaison with both 
U.S. and foreign non-governmental organizations; (2) endorses 
long-term strategies for democracy promotion and human rights 
protection for non-democratic and democratic transition 
countries; (3) requires the Secretary to continue to enhance 
training on democracy promotion and human rights protection for 
members of the Foreign Service and other State Department 
employees; (4) supports incentives for employees who excel in 
democracy promotion and human rights protection; (5) encourages 
Ambassadors and other members of the Foreign Service to reach 
out to foreign audiences and engage robustly with foreign 
government officials, media, non-governmental organizations, 
and students in order to engage in discussions about U.S. 
foreign policy, in particular democracy and human rights; (6) 
supports efforts to work on democracy promotion through 
international institutions, such as the UN Democracy Fund and 
the Community of Democracies, and in cooperation with other 
countries.
      The ADVANCE Democracy Act of 2007 represents several 
years of discussion with outside activists, democracy 
practitioners, and the Department of State. It seeks to bridge 
the differences between individuals and non-governmental 
organizations that focus on the promotion of democracy and 
those that focus on the protection of human rights. The 
Conference believes that the work of these two groups of reform 
advocates is mutually reinforcing.

Section 2102. Findings

      There is no comparable House provision.
      Section 1902 of the Senate bill contains Congressional 
findings describing the need to promote democracy throughout 
the world. The findings note that the development of universal 
democracy constitutes a long-term challenge that goes through 
unique phases at different paces in individual countries. It 
requires reforms that go well beyond the holding of free 
elections to include, among other institutions, a thriving 
civil society, a free media, and an independent judiciary. The 
findings state that the development of democracy must be led 
from within countries themselves. This section also recognizes 
that democracy and human rights activists are under increasing 
pressure from authoritarian regimes and, in some cases, the 
governments of democratic transition countries. While 
recognizing that individuals, non-governmental organizations, 
and movements in nondemocratic and democratic transition 
countries must take the lead in making their own decisions, the 
findings state that democratic countries have a number of 
instruments to support such reformers and should cooperate with 
each other to do so.
      The Conference substitute adopts the Senate provision, 
with an amendment expanding and revising the findings in this 
section.

Section 2103. Statement of policy

      There is no comparable House provision.
      Section 1903 of the Senate bill declares that it is 
United States policy: To promote freedom, democracy and human 
rights as fundamental components of United States foreign 
policy; to promote democratic institutions, including an 
independent judiciary, an independent and professional media, 
strong legislatures and a thriving civil society; to provide 
appropriate support to individuals, non- governmental 
organizations, and movements living in nondemocratic countries 
and democratic transition countries that aspire to live in 
freedom; to provide political, economic, and other support to 
foreign countries that are undertaking a transition to 
democracy; and to strengthen cooperation with other democratic 
countries in order to better promote and defend shared values 
and ideals.
      The Conference substitute adopts the Senate provision, 
with an amendment expanding and revising the statement of 
policy in this section.

Section 2104. Definitions

      There is no comparable House provision.
      Section 1904 of the Senate bill provides definitions for 
use in this title.
      The Conference substitute adopts the Senate provision, 
with an amendment adding or revising several definitions, 
particularly by adding a definition of Nondemocratic or 
Democratic Transition Country.

      Subtitle A--Activities To Enhance the Promotion of Democracy

Section 2111. Democracy promotion at the Department of State

      There is no comparable House provision.
      Section 1911 of the Senate bill provides for the 
establishment of Democracy Liaison Officers. It describes the 
responsibilities of the Democracy Liaison Officers and 
indicates that these positions should be in addition to, and 
not in replacement of, other positions. Section 1911 also 
provides that nothing in this subsection may be construed as 
affecting Chief of Mission authority under any provision of 
law, including the President's direction to Chiefs of Mission 
in the exercise of the President's constitutional 
responsibilities.
      The Conference report adopts the Senate provision, with 
an amendment.
      In addition to the Democracy Liaison Officers described 
above, the Conference substitute requires that the Secretary of 
State identify at least one office in the Bureau of Democracy, 
Human Rights, and Labor (DRL) responsible for working with 
democratic movements and facilitating the transition of 
countries to democracy, including having at least one employee 
in each office specifically responsible for working with such 
movements. This section provides for the identification of such 
an office; describes the responsibilities of the Assistant 
Secretary for DRL in this regard, which may be exercised 
through this office; and provides that the Assistant Secretary 
shall identify officers or employees in DRL that shall have 
expertise in and responsibility for working with non-
governmental organizations, individuals and movements that are 
committed to the peaceful promotion of democracy.
      The Conference substitute also describes actions that 
Chiefs of Missions should take to promote democracy. It 
provides for the development of a strategy to promote democracy 
in nondemocratic or democratic transition countries and to 
provide support to non-governmental organizations, individuals 
and movements in such countries that are committed to 
democratic principles, practices, and values. It also provides 
for meetings with leaders of nondemocratic and democratic 
transition countries regarding progress toward a democratic 
form of governance, encourages chiefs of missions to conduct 
meetings with civil society, interviews with media and 
discussions with students and young people regarding democratic 
governance.
      Moreover, the Conference substitute provides that the 
Secretary of State should seek to increase the proportion of 
DRL's nonadministrative employees who are members of the 
Foreign Service and authorizes such sums as may be necessary to 
carry out the provision.
      The Conferees believe that the Democracy Liaison Officers 
provided for in subsection (a) of the Conference substitute 
should be selected with the concurrence of the Assistant 
Secretary of Democracy, Human Rights and Labor in order to 
ensure that appropriate individuals are put in those posts. The 
Conferees also believe that more senior officials at posts 
where there are significant human rights abuses should also be 
selected with input from the Assistant Secretary for DRL.
      The Conferees note that the Department of State, as part 
of its Transformational Diplomacy Initiative, intends to reduce 
or eliminate labor officers in posts abroad. While not 
objecting to normal rotations and assignments designed to meet 
the Secretary of State's priorities and reflect the changing 
needs of host countries, the Conferees are concerned that 
eliminating such positions would signal an abandonment of the 
core consensus that has existed since the 1980's that the 
promotion of democracy includes the promotion of the freedoms 
of association and organization by laborers.
      The Conferees observe that activists in other countries 
sometimes are not sure whom to contact at the Department of 
State to discuss local democracy and human rights issues; thus, 
the Conferees intend that the Secretary of State have 
discretion to either create a new office for this purpose or to 
identify one or more existing offices with regional expertise 
to be the points of contact for such activists. With respect to 
the officers or employees in DRL that shall have expertise in 
and responsibility for working with non-governmental 
organizations, individuals and movements that are committed to 
the peaceful promotion of democracy, as identified by the 
Assistant Secretary for DRL, the Conferees expect that such 
individuals would serve in the office or offices identified 
pursuant to subpart (b)(1).
      Finally, the Conferees believe that encouraging a greater 
number of members of the Foreign Service to serve in DRL will 
enhance democracy promotion.

Section 2112. Democracy Fellowship Program

      There is no comparable House provision.
      Section 1912 of the Senate bill, requested by the 
Department of State, provides for a program to obtain an 
additional perspective on democracy promotion abroad by working 
with appropriate Congressional offices and Committees and in 
non-governmental and international organizations involved in 
democracy promotion.
      The Conference substitute adopts the Senate provision, 
with an amendment making some minor and conforming changes.

Section 2113. Investigations of violations of International 
        Humanitarian Law

      There is no comparable House provision.
      There is no comparable Senate provision.
      The Conference substitute adopts a compromise provision, 
regarding violations of international humanitarian law by 
nondemocratic countries. This section requires the President to 
collect information regarding incidents that may constitute 
crimes against humanity, genocide and other violations of 
international humanitarian law. It requires that the President 
consider what actions he can take to hold governments and 
responsible individuals accountable.

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

Section 2121. Strategies, priorities and Annual Report

      Section 1421 of the House bill provides a statement of 
policy on the importance of promoting democracy human rights 
and requires country-by-country strategies to address the 
elements in the statement of policy.
      Section 1921 of the Senate bill changes the title of an 
existing annual report, ``Supporting Human Rights and 
Democracy'' (SHRD), which was required by the amendments made 
by section 665 of the Foreign Relations Authorization Act of 
2003, to ``Annual Report on Advancing Freedom and Democracy'' 
and changes the date on which that report needs to be 
submitted.
      The Conference substitute adopts the Senate provision, 
with an amendment adding features of section 1421 of the House 
bill and expanding the provisions of the Senate amendment. It 
addresses the need for long-term strategies for the promotion 
of democracy in nondemocratic and democratic transition 
countries. This section commends the Secretary of State for the 
ongoing country-specific strategies to promote democracy and 
requires the Secretary of State to expand the development of 
country-specific strategies to all nondemocratic and democratic 
transition countries. It also provides that the Secretary of 
State shall keep the appropriate Congressional Committees fully 
and currently informed as strategies are developed.
      The Conference substitute also provides that the report 
shall include, as appropriate, United States: (1) priorities 
for the promotion of democracy and the protection of human 
rights for each non democratic country and democratic 
transition country, developed in consultation with relevant 
parties in such countries; and (2) specific actions and 
activities of Chiefs of Missions and other U.S. officials to 
promote democracy and protect human rights. This section also 
extends the due date of the Annual Report.
      The Conferees believe that the Department of State's 
process for implementing subpart (a)(2) should incorporate both 
short-term objectives and a long-term approach to 
democratization. The Conferees intend for the Department of 
State to fulfill the requirement of keeping the appropriate 
Congressional Committees informed by briefing the Committees, 
upon request, in addition to any hearings that Congress may 
conduct.
      The Conferees observe that the existing SHRD Report all 
too often reflects a catalogue of program activities of the 
U.S. Government over the past year without context or a 
demonstration of what leadership the top U.S. representative is 
exercising in the area of democracy promotion and human rights 
protection. Also, the Report contains some country sections 
where both U.S. priorities for assistance and actions by U.S. 
officials are included. The Conferees expect that such 
inconsistencies will be addressed by including both components 
for each country described in the Report.

Section 2122. Translation of human rights reports

      There is no comparable House Provision.
      Section 1932 of the Senate bill requires the Secretary of 
State to continue to expand the translation of various human 
rights reports.
      The Conference substitute adopts the Senate provision, 
with an amendment making the translations mandatory and making 
other minor changes to the Senate language.
      The Conferees believe that the value of these reports 
will be significantly enhanced if they are available in the 
language of the country about which they are written. The 
Conferees do not intend that the entire contents of all reports 
be translated. Rather, the general overview and the country-
specific sections should be translated into the major languages 
of each country. The Conferees recognize that the Department of 
State's current focus is on the annual Country Reports on Human 
Rights Practices required by the Foreign Assistance Act. 
However, the Conferees believe that translation of the other 
reports referred to in this section would further expand the 
impact of the U.S. Government's work on democracy and human 
rights.

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

Section 2131. Advisory Committee on Democracy Promotion

      There is no comparable House provision.
      Section 1931 of the Senate bill expresses the sense of 
Congress commending the Secretary of State for establishing the 
Advisory Committee on Democracy Promotion and expresses the 
hope that the Committee will play a significant role in 
transformational diplomacy by advising the Secretary of State 
on all aspects of democracy promotion, including improving the 
capacity of the Department of State and U.S. foreign assistance 
programs.
      The Conference substitute adopts the Senate provision, 
with an amendment making minor changes to the Senate language.

Section 2132. Sense of Congress regarding the Internet website of the 
        Department of State

      There is no comparable House provision.
      Section 1932 of the Senate bill expresses the sense of 
Congress that the Secretary of State should take additional 
steps to enhance the Internet website for global democracy to 
facilitate access by individuals and non-governmental 
organizations in foreign countries to documents and other media 
regarding democratic principles, practices, and values, and the 
promotion and strengthening of democracy. This website is 
intended to be an address where democracy activists from around 
the world can obtain or be linked to information on conditions 
in their country, materials on successful democracy movements 
elsewhere and tactics for peaceful democratic change, and other 
groups around the world that engage in similar struggles for 
freedom. The website should also include parts of other 
relevant human rights reports, including translations where 
appropriate, such as the annual Country Reports on Human Rights 
Practices, the annual Religious Freedom Report, and the annual 
Report on Trafficking in Persons.
      The Conference substitute adopts the Senate provision, 
with an amendment making minor changes to the Senate language.

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

Section 2141. Training in democracy promotion and protection of human 
        rights

      There is no comparable House provision.
      Section 1941 of the Senate bill provides that the 
Secretary of State should continue to enhance training on 
democracy promotion and the protection of human rights for 
members of the Foreign Service and that such training should 
include case studies and practical workshops.
      The Conference substitute adopts the Senate provision, 
with an amendment. Pursuant to the amendment, the Secretary of 
State is required to continue to enhance training on democracy 
promotion and the protection of human rights and provides that 
the training shall include appropriate instruction and training 
materials regarding: (1) international documents and U.S. 
policy regarding electoral democracy and respect for human 
rights, including trafficking in persons; (2) U.S. policy 
regarding the promotion and strengthening of democracy around 
the world, with particular emphasis on the transition to 
democracy in nondemocratic countries; (3) ways to assist 
individuals and non-governmental organizations that support 
democratic principles, practices, and values for any member, 
Chief of Mission, or deputy Chief of Mission who is to be 
assigned to a non-democratic or democratic transition country; 
and (4) the protection of internationally recognized human 
rights, including the protection of religious freedom and the 
prevention of slavery and trafficking in persons. Section 1941 
also provides that the Secretary of State shall consult as 
appropriate with non-governmental organizations with respect to 
the training required in this section, and provides for a one-
time report on how this section is being implemented.
      The Conference notes that the Department of State is 
working with members of the Community of Democracies on a 
training manual relating to democracy promotion, which may 
prove useful in the training efforts described in this section. 
Such instruction may include: techniques for conducting 
discussions with political leaders of such country regarding 
United States policy with respect to promoting democracy in 
foreign countries; treatment of opposition and alternatives to 
repression; techniques to engage civil society, students and 
young people regarding U.S. policy on democracy and human 
rights; methods of nonviolent action and the most effective 
manner to share such information with individuals and non-
governmental organizations; and the collection of information 
regarding violations of internationally-recognized human rights 
in coordination with non-governmental human rights 
organizations, violations of religious freedom, and government-
tolerated or condoned trafficking in persons.
      The Conference understands that certain training courses 
already include some human rights training. However, the 
Conference expects that the scope and content will be updated 
and expanded as part of the Secretary of State's 
Transformational Diplomacy Initiative and that continuous 
improvements will be made well into the future.

Section 2142. Sense of congress regarding advance democracy award

      There is no comparable House provision.
      Section 1942 of the Senate bill expresses the sense of 
Congress that the Secretary of State should further strengthen 
the capacity of the Department of State to carry out results-
based democracy promotion efforts through the establishment of 
awards and other employee incentives, including the 
establishment of an annual award to be known as the 
``Outstanding Achievements in Advancing Democracy Award'', or 
the ``ADVANCE Democracy Award'', and should establish 
procedures regarding such awards.
      The Conference substitute adopts the Senate provision.

Section 2143. Personnel policies at the Department of State

      There is no comparable House provision.
      Section 1943 of the Senate bill expresses the sense of 
Congress that precepts for promotion for members of the Foreign 
Service should include consideration of a candidate's 
experience or service in the promotion of human rights and 
democracy.
      The Conference substitute adopts the Senate provision, 
with an amendment to add suggested mechanisms for creating 
incentives. It provides that in addition to other awards, such 
as the award described in section 1942 in that bill, the 
Secretary of State should increase incentives for members of 
the Foreign Service and other State Department employees to 
serve in assignments that have as their primary focus the 
promotion of democracy and the protection of human rights, 
including awarding performance pay to members of the Foreign 
Service, considering whether a member of the Service serving in 
such assignments as a basis for promotion into the Senior 
Foreign Service, and providing for Foreign Service Awards.

           Subtitle E--Cooperation With Democratic Countries

Section 2151. Cooperation with Democratic Countries

      There is no comparable House provision.
      Section 1951 of the Senate bill expresses the sense of 
Congress that the United States should forge alliances with 
other democratic countries to promote democracy, protect 
fundamental freedoms around the world, promote and protect 
respect for the rule of law, pursue common strategies at 
international organizations and multilateral institutions and 
provide support to countries undergoing democratic transitions. 
Section 1951 of the Senate bill also supports the initiative of 
the Government of Hungary establishing the International Center 
for Democratic Transition.
      The Conference substitute adopts the Senate provision, 
with an amendment making substantive and technical changes. The 
Conference substitute expresses the sense of Congress that the 
Community of Democracies should establish a more formal 
mechanism for carrying out work between ministerial meetings, 
such as through the creation of a permanent secretariat with an 
appropriate staff and should establish a headquarters. The 
Conference substitute authorizes the Secretary of State to 
detail personnel to such a secretariat or any country that is a 
member of the Convening Group of the Community of Democracies 
and provides that the Secretary of State should establish an 
office of multilateral democracy promotion to address the 
Community of Democracies, pursue initiatives coming out of the 
UN Democracy Caucus, and enhance the UN Democracy Fund. The 
Conference substitute also authorizes an appropriation of 
$1,000,000 for each of Fiscal Years 2008, 2009, and 2010 to the 
Secretary of State for a grant to the International Center for 
Democratic Transition and provides additional guidance as to 
the purposes of the Center's work, including providing grants 
or voluntary contributions to develop, adopt, and pursue 
programs and campaigns to promote the peaceful transition to 
democracy in non-democratic countries.

             Subtitle F--Funding for Promotion of Democracy

Section 2161. The United Nations Democracy Fund

      There is no comparable House provision.
      Section 1961 of the Senate bill expresses the sense of 
Congress that the United States should continue to contribute 
to and work with other countries to enhance the goals and work 
of the UN Democracy Fund.
      The Conference substitute adopts the Senate provision, 
with an amendment adding an authorization for the UN Democracy 
Fund. It authorizes $14,000,000 for a United States 
contribution to the Fund for each of the Fiscal Years 2008 and 
2009, as requested by the President.

Section 2162. United States Democracy Assistance Programs

      There is no comparable House provision.
      Section 1962 of the Senate bill states the sense of 
Congress that the purpose of the Human Rights and Democracy 
Fund should be to support innovative programming, media, and 
materials designed to uphold democratic principles, support and 
strengthen democratic institutions, promote human rights and 
the rule of law, and build civil societies in countries around 
the world. Section 1962 of the Senate bill provides findings 
reflecting that democracy assistance has many different forms 
and there is a need for greater clarity on the coordination and 
delivery mechanisms for U.S. democracy assistance. It also 
provides that the Secretary of State and the Administrator of 
the U.S. Agency for International Development (USAID) should 
develop guidelines, in consultation with the appropriate 
Committees of Congress, to clarify for U.S. diplomatic and 
consular missions abroad the need for coordination and the 
appropriate mix of delivery mechanisms for democracy 
assistance.
      The Conference substitute adopts the Senate provision, 
with an amendment including minor and technical amendments and 
adding a sense of Congress regarding mechanisms for delivering 
assistance. The Conference substitute provides that United 
States support for democracy is strengthened by using a variety 
of different instrumentalities, such as the National Endowment 
for Democracy, the United States Agency for International 
Development, and the Department of State, and expresses the 
view that the Human Rights and Democracy Fund (HRDF), 
established pursuant to the Freedom Investment Act of 2002, 
should continue to be used for innovative approaches to 
promoting democracy and human rights. It also addresses the 
different mechanisms that are used to define the relationship 
between the U.S. Government and organizations that deliver 
services or materials to foreign individuals or communities.
      The Conference believes that the HRDF should remain a 
flexible instrument to exploit emerging opportunities while at 
the same time be managed in a cost-effective way and 
coordinated at the country-level to complement the mix of other 
democracy assistance being provided.
      The U.S. Government works with a variety of 
organizations, including non-profit groups such as non-
governmental organizations and private and voluntary 
organizations, and provides them with government funding to 
carry out U.S. foreign assistance goals. The government also 
hires for-profit private sector companies to implement foreign 
assistance programs. The use of such companies has been growing 
over the last 15 years. In general, as in other areas of 
government procurement, the use of contracts, cooperative 
agreements, and grants are the three main acquisition 
mechanisms through which agreement is reached on appropriate 
benchmarks for success, the level of U.S. government funding 
that will be spent, and the specific programs and projects to 
be undertaken.
      In the democracy field, there are a number of U.S. 
Government entities that manage programs. The Democracy, Human 
Rights and Labor Bureau at the State Department oversees a 
large number of programs. The Coordinator's office for the 
Independent States of the Former Soviet Union oversees programs 
carried out through the Freedom Support Act. The Middle East 
Partnership Initiative, also managed by the State Department, 
promotes democracy and other development priorities in the 
Middle East. For its part, USAID has a specialized unit focused 
on providing democracy and governance assistance worldwide. 
Because of a constrained operating budget that limits permanent 
staff, USAID has increasingly relied on contract mechanisms, 
although it continues to use grants and cooperative agreements. 
The National Endowment for Democracy also provides extensive 
assistance worldwide. More recently, a Millennium Challenge 
Corporation (MCC) threshold program is providing electoral 
reform assistance in Jordan.
      Non-profit organizations sometimes apply for and receive 
funding from several or all of these U.S. Government entities, 
most often through grants and cooperative agreements and 
sometimes through contracts. Private sector companies work 
almost exclusively through contracts. Both private sector and 
non-profit organizations bring unique strengths to the effort. 
Private sector companies have the ability to hire employees 
with specialized skills to provide technical assistance on a 
short-notice basis. Non-profit organizations often develop 
longer-term contacts in the field, country expertise, and have 
revenue sources other than U.S. Government funding that allows 
for a more sustained approach to underlying problems. With this 
multitude of actors, mechanisms, and foreign assistance 
``spigots,'' and given the characteristics of such actors, the 
Conference requests that the Secretary of State and the 
Administrator of USAID develop appropriate guidelines to assist 
U.S. missions in their efforts to coordinate democracy 
assistance in-country and select appropriate mechanisms for its 
effective implementation.

           TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

Section 2201. Interoperable emergency communications

      There is no comparable House provision.
      Section 1481(a) of the Senate bill generally amends 
Section 3006 of the Deficit Reduction Act of 2005 (Public Law 
109-171) (DRA) by deleting statutory language that currently 
limits funding to systems that either use, or interoperate with 
systems that use, public safety spectrum in the 700 megahertz 
band (specifically, 764-776 megahertz and 794-806 megahertz), 
and inserting new subsections providing Congressional direction 
with respect to eligible activities under NTIA's administration 
of the $1 billion public safety grant program.
      New 3006(a) of the DRA establishes the scope of the 
permissible grants under the program and permits NTIA to 
allocate up to $100 million for the establishment of strategic 
technology reserves that will provide communications capability 
and equipment for first responders and other emergency 
personnel in the event of an emergency or a major disaster. In 
addition to strategic technology reserves, this subsection 
describes a broad range of topics related to improving 
communications interoperability that will be eligible for 
assistance under the grant program including, Statewide or 
regional planning and coordination, design and engineering 
support, technical assistance and training, and the acquisition 
or deployment of interoperable communications equipment, 
software, or systems.
      New 3006(b) of the DRA reiterates the requirement imposed 
under section 4 of the Call Home Act of 2006, which, subject to 
the receipt of qualified applications as determined by the 
Assistant Secretary, would require that not less that $1 
billion be awarded no later than September 30, 2007.
      New 3006(C) of the DRA requires that funding 
distributions be made among the several States consistent with 
section 1014(C)(3) of the USA PATRIOT Act (0.75 percent to each 
State) to ensure a fair distribution of funds. It also requires 
that the calculation of risk factors be based upon an ``all-
hazards'' approach that recognizes the critical need for 
effective emergency communications in response not only to 
terrorist attacks, but also to a variety of natural disasters.
      New section 3006(d) of the DRA establishes requirements 
for grant applicants, including an explanation of how 
assistance would improve interoperability and a description of 
how any equipment or system request would be compatible or 
consistent with certain relevant sections of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (6 
U.S.C.Sec. 194(a)(1)).
      New section 3006(e) of the DRA directs NTIA to rely on 
the most current grant guidance issued under the Department of 
Homeland Security (the Department or DHS) SAFECOM program to 
promote greater consistency in the criteria used to evaluate 
interoperability grant applications.
      New section 3006(f) of the DRA establishes criteria for 
grants of equipment, supplies, systems and related 
communications service related to support for strategic 
technology reserve initiatives. This section also requires that 
funding for strategic reserves be divided between block grants 
to States in support of state reserves and grants in support of 
Federal reserves at each Federal Emergency Management Agency 
(FEMA) regional office and in each of the noncontiguous States.
      New section 3006(g) of the DRA permits the Assistant 
Secretary to encourage the development of voluntary consensus 
standards for interoperable communications systems, but 
precludes the Assistant Secretary from requiring any such 
standard.
      New section 3006(h) of the DRA permits NTIA to seek 
assistance from other Federal agencies where appropriate in the 
administration of the grant program.
      New section 3006(I) of the DRA requires the Inspector 
General of the Department of Commerce annually to assess the 
management of NTIA's interoperability grant program.
      New section 3006(j) of the DRA requires NTIA, in 
consultation with the DHS and the FCC, to promulgate final 
program rules for implementation within 90 days of enactment.
      New section 3006(k) of the DRA creates a rule of 
construction clarifying that nothing in this section precludes 
funding for interim or long-term Internet Protocol-based 
solutions, notwithstanding compliance with the Project 25 
standard.
      Section 1481(b) of the Senate bill requires the FCC, in 
coordination with the Assistant Secretary of Commerce for 
Communications and Information and the Secretary of DHS, to 
report on the feasibility of a redundant system for emergency 
communications no later than one year after enactment.
      Section 1481(c) of the Senate bill directs the Assistant 
Secretary of Commerce for Communications and Information, in 
consultation with the Secretary of DHS and the Secretary of 
Health and Human Services, to create a joint advisory committee 
to examine the communications capabilities and needs of 
emergency medical care facilities. The joint advisory committee 
will assess current communications capabilities at emergency 
care facilities, options to accommodate the growth of 
communications services used by emergency medical care 
facilities, and options to better integrate emergency medical 
care communications systems with other emergency communications 
networks. The joint advisory committee would be required to 
report its findings to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives 
Committee on Energy and Commerce, within six months after the 
date of enactment.
      Section 1481(d) of the Senate bill provides authorization 
for not more than 10 pilot projects to improve the capabilities 
of emergency communications systems in emergency medical care 
facilities. Grants would be administered by the Assistant 
Secretary of Commerce for Communications and Information, would 
require a fifty percent match, would not exceed $2 million per 
grant, and would be geographically distributed to the maximum 
extent possible.
      The Conference substitute adopts the Senate provision, 
with modifications. Most notably, it authorizes NTIA, in 
consultation with DHS, to permit up to $75 million of the 
Public Safety Interoperability Communications grant to be used 
by States to contribute to a strategic technology reserve. The 
substitute permits waivers to States that have already 
implemented a strategic technology reserve or can demonstrate 
higher priority public safety communications needs. The 
Conference substitute adopts the Senate's provisions relating 
to the FCC's vulnerability assessment and report on emergency 
communications back-up system. The Conference agreed to set a 
deadline of 180 days for FCC to deliver its findings to 
Congress. The Conference substitute also adopts the Senate's 
provision that directs the Assistant Secretary of Commerce for 
Communications and Information, in consultation with the 
Secretary of Homeland Security (the Secretary) and the 
Secretary of Health and Human Services, to establish a joint 
advisory committee that will assess current communications 
capabilities at emergency care facilities.
      The Conference substitute provides for reports and audits 
by the Inspector General of the Department of Commerce. With 
respect to grants under this title, these provisions strengthen 
oversight over this program and clarify the intent of the 
conferees that the provisions in Sec. 2022 of the Homeland 
Security Act (added by Title I) do not apply to this grant 
program.

Section 2202. Clarification of Congressional Intent

      There is no comparable House provision.
      Section 1482(a) of the Senate bill would amend Title VI 
of the Post-Katrina Emergency Management Reform Act of 2006 
(Public Law 109-295) by including a savings clause clarifying 
the concurrent authorities of the Department of Commerce and 
the Federal Communications Commission (FCC), with respect to 
their existing authorities related to public safety and 
promoting the safety of life and property through the use of 
communications. Section 1482(b) of the Senate bill makes the 
effective date of this savings clause as if enacted with the 
Department of Homeland Security Appropriations for FY 2007 
(Public Law 109-295).
      The Conference substitute modifies the Senate language to 
clarify that it is Congress's intent that Federal Departments 
and Agencies work cooperatively in a manner that does not 
impede the implementation of the requirements of Title III and 
Title XXII of this Act and Title VI of Public Law 109-295.
      The Conference observes that Federal Departments and 
Agencies should not be precluded or obstructed from carrying 
out their other authorities relating to other emergency 
communications matters.

Section 2203. Cross border interoperability reports

      There is no comparable House provision.
      Section 1483 of the Senate bill would require the FCC, in 
conjunction with the DHS, the Office of Management and Budget, 
and the Department of State to report, not later than 90 days 
after enactment, on the status of efforts to coordinate cross 
border interoperability issues and the re-banding of 800 
megahertz radios with Canada and Mexico. The FCC would further 
be required to report on any communications between the FCC and 
the Department of State regarding possible amendments to legal 
agreements and protocols governing the coordination process for 
license applications seeking to use channels and frequencies 
above Line A, to submit information about the annual rejection 
rate over the last 5 years by the United States for new 
channels and frequencies above Line A, and to suggest 
additional procedures and mechanisms that could be taken to 
reduce the rejection rate for such applications. The FCC would 
be required to provide regular updates of the report to the 
Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Energy and Commerce 
of treaty negotiations related to the re-banding of 800 
megahertz radios until the appropriate treaty has been revised 
with Canada and Mexico.
      The Conference Report adopts the Senate provision.

Section 2204. Extension of short quorum

      There is no comparable House provision.
      Section 1484 of the Senate bill permits two members of 
the Consumer Product Safety Commission to constitute a quorum 
for six months following enactment of this Act.
      The Conference substitute adopts the Senate provision.

Section 2205. Requiring reports to be submitted to certain Committees

      Section 1485 of the Senate bill requires under provisions 
of this Act to be shared with other relevant Congressional 
Committees.
      The Conference substitute modifies the Senate reporting 
provision and agrees that in addition to the Committees 
specifically enumerated to receive the reports under this 
Title, any report transmitted under the provisions of this 
Title shall also be transmitted to the appropriate 
Congressional Committees as provided for by under section 2(2) 
of the Homeland Security Act (6 U.S.C. Sec. 101).

                     TITLE XXIII--911 MODERNIZATION

Section 2301. Short title

      The Conference substitute provides that Title XXIII may 
be cited as the ``911 Modernization Act.''

Section 2302. Funding for Program

      There is no comparable House provision.
      Section 1702 of the Senate bill amends Section 3011 of 
Public Law 109-171 (47 U.S.C. Sec. 309) to give borrowing 
authority to the Assistant Secretary of the National 
Telecommunications and Information Administration (NTIA) for 
not more than $43,500,000 to implement the Enhance 911 Act of 
2004 (Public Law 108-494). The Assistant Secretary must 
reimburse the Treasury without interest once funds are 
deposited into the Digital Television Transition and Public 
Safety Fund.
      The Conference substitute adopts the Senate provision.

Section 2303. NTIA coordination of E-911 implementation

      There is no comparable House provision.
      Section 1703 of the Senate bill amends Section 158(b)(4) 
of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. Sec.  942(b)(4)) to 
require the Assistant Secretary and the Administrator of the 
National Highway Safety Administration to issue regulations 
that allow a portion of the Phase II E-911 Implementation 
Grants to be prioritized for Public Safety Answering Points 
(PSAPs) that were not capable of receiving 911 calls on the 
date of the enactment of the Enhanced 911 Act of 2004 (Public 
Law 108-494). These grants will be used for the incremental 
cost of upgrading from Phase I to Phase II compliance. Such 
grants are subject to all the other requirements of this 
section, such as the fifty percent matching funds requirement 
and the requirement to certify that no portion of any E-911 
charges imposed by an applicant's State or taxing jurisdiction 
are being obligated or expended for any purpose other than for 
which such charges were designated.
      The Conference substitute adopts the Senate provision.

                  TITLE XXIV--MISCELLANEOUS PROVISIONS

Section 2401. Quadrennial Homeland Security Review

      There is no comparable House provision. However, the 
House passed a similar provision in H.R. 1684, the Department 
of Homeland Security Authorization Act for Fiscal Year 2008, 
which called for a Comprehensive Homeland Security Review at 
the beginning of each new Presidential Administration.
      Section 1606 of the Senate bill included a provision to 
conduct a Quadrennial Homeland Security Review, requiring the 
Department of Homeland Security (the Department or DHS) to 
conduct a comprehensive examination of the national homeland 
security strategy.
      The Conference substitute adopts a compromise provision 
which in several places clarifies the scope of the Review. It 
requires the Secretary of Homeland Security (the Secretary) to 
carry out the first Quadrennial Homeland Security Review in 
Fiscal Year 2009, and every four years thereafter. The 
Conferees believe that this review should take place in the 
first year after a Presidential election, so that a new 
Administration can act upon the results of the review or a re-
elected Administration can review its policies and emerging 
threats and revise the review accordingly. This also recognizes 
the time span during which a new President will appoint and the 
Senate will confirm senior departmental officials who will be 
responsible for this review. The provision also requires the 
Secretary to consult with other Federal agencies, key officials 
of the Department, and other relevant governmental and non-
governmental entities in carrying out the review.
      The Conference substitute also describes the required 
content of the review, including an update of the national 
homeland security strategy, a prioritization of homeland 
security mission areas, and the identification of a budget plan 
for executing these missions. These review activities are 
intended to strengthen the linkages between strategy and 
execution at the Department of Homeland Security. The 
Conference substitute requires the Secretary to submit to 
Congress a report regarding the results of the Quadrennial 
Homeland Security Review no later than December 31 of the year 
in which a review is conducted, and also to make that report 
public consistent with the protection of national security and 
other sensitive matters. It also requires the Department to 
begin in Fiscal Year 2007 and Fiscal Year 2008 to prepare to 
carry out this review, and to report to Congress on these 
preparations.
      The Conference understands that the Administration 
already has begun this process by including a request for 
designated funding in the President's Fiscal Year 2008 request 
for the Office of Policy to lead this initiative.

Section 2402. Sense of the Congress regarding the prevention of 
        radicalization leading to ideologically-based violence

      There is no comparable House provision.
      Section 1602 of the Senate bill includes extensive 
findings concerning the threat of radicalization in the United 
States as a component of the struggle against the transnational 
ideological movement of Islamist extremism. This provision also 
makes recommendations to the Secretary regarding measures that 
can be taken to prevent radicalization and concludes that the 
Secretary should work across the Federal government and with 
State and local officials to make countering radicalization a 
priority.
      The Conference substitute adopts the Senate provision 
with changes. The changes include modifying the terms used to 
describe radicalization so that it is clear that protected 
behavior is not included. As a result, radicalization is 
referred to as radicalization that leads to ideologically-based 
violence. Additionally, while the language is intended to 
address the global struggle against violent extremism, the 
language is broadened to include ideologically-based violence 
from all sources.

Section 2403. Requiring reports to be submitted to certain committees

      There is no comparable House provision.
      Section 1485 of the Senate bill contained a provision to 
provide certain Senate Committees with reports required 
elsewhere in the bill.
      The Conference substitute adopts part of the Senate 
provision with updated references to certain reports.

Section 2404. Demonstration project

      There is no comparable House provision.
      Section 805 of the Senate bill requires the Secretary to 
establish a demonstration project to conduct demonstrations of 
security management systems.
      The Conference substitute adopts the Senate provision, 
while modifying it so that it defines ``security management 
system'' as a set of guidelines that address the security 
assessment needs of critical infrastructure and key resources 
that are consistent with a set of generally accepted management 
standards ratified and adopted by a standards making body.

Section 2405. Under Secretary for Management of the Department of 
        Homeland Security

      There is no comparable House provision, as Members 
believe that this issue would be best addressed as part of a 
comprehensive homeland security authorization bill.
      Section 1601 of the Senate bill elevates the position of 
Under Secretary for Management to a Deputy Secretary, adds 
qualifications for the position, and gives this newly created 
position a five-year term with removal only for performance 
reasons.
      The Conference substitute adopts a modified version of 
the Senate provision by enhancing the Under Secretary's 
authority while maintaining the position at the Under Secretary 
level without a fixed term. Specifically, the substitute 
designates the Under Secretary for Management as the Chief 
Management Officer and the Secretary's principal advisor on 
management-related matters. It also requires the Under 
Secretary to facilitate strategic management planning, 
integration, transformation, and transition and succession for 
the Department.
      The Conference substitute requires the Under Secretary to 
develop a transition and succession plan, and authorizes the 
incumbent Under Secretary to remain in the position, after a 
Presidential election, until a successor is confirmed in the 
subsequent Administration. It also expresses the Sense of the 
Congress that a newly elected President should encourage the 
incumbent Under Secretary to remain until a successor is 
confirmed, to provide continuity during the transition. The 
legislation also requires that the Under Secretary be 
accountable for his or her performance--each year, the Under 
Secretary must enter into a performance agreement with the 
Secretary and be subject to an evaluation based on the same. 
The substitute also enhances the President's ability to attract 
qualified candidates, as it elevates the Under Secretary for 
Management to Level II of the Executive Schedule.
      Because the Department is newly formed, and in light of 
the integration and management challenges it has faced to date, 
the Conference is concerned about the impending transition 
between Administrations and believes this transition should be 
well-planned and smoothly implemented. The Conference believes 
that this position requires a person with strong management 
skills and a proven track record of success, and this 
legislation requires the selection of a person with such 
experience.

                                Earmarks

      Pursuant to House Rule XXI, clause 9(a)(4), the Committee 
of Conference attaches a list of earmarks included in the 
Conference Report to accompany H.R. 1, including a list of 
Congressional earmarks, limited tax benefits, and limited 
tariff benefits in the conference report or joint statement 
(and the name of any Member, Delegate, Resident Commissioner, 
or Senator who submitted a request to the House or Senate 
Committees of jurisdiction for each respective item included in 
such list) or a statement that the proposition contains no 
Congressional earmarks, limited tax benefits, or limited tariff 
benefits, as follows:

------------------------------------------------------------------------
            Section                     Earmark              Member
------------------------------------------------------------------------
Section 1204..................  National Disaster       Sen. Daniel K.
                                 Preparedness Training   Inouye
                                 Center, University of
                                 Hawaii.
                                Transportation          Sen. Wayne
                                 Technology Center,      Allard
                                 Inc..                  Sen. Ken Salazar
                                                        Rep. John T.
                                                         Salazar
                                                        Rep. Ed
                                                         Perlmutter
Section 1205..................  Connecticut             Sen. Christopher
                                 Transportation          J. Dodd
                                 Institute, University  Sen. Joseph I.
                                 of Connecticut.         Lieberman
                                National Transit        Sen. Robert
                                 Institute, Rutgers,     Menendez
                                 the State University   Sen. Frank R.
                                 of New Jersey.          Lautenberg
                                Mack-Blackwell          Sen. Mark L.
                                 National Rural          Pryor
                                 Transportation Study
                                 Center at the
                                 University of
                                 Arkansas.
                                Homeland Security       Sen. Charles E.
                                 Management Institute,   Schumer
                                 Long Island            Rep. Peter T.
                                 University.             King
                                Texas Southern          Rep. Al Green
                                 University in
                                 Houston, Texas.
                                Tougaloo College......  Rep. Bennie G.
                                                         Thompson
------------------------------------------------------------------------

                                   Bennie G. Thompson,
                                   Loretta Sanchez,
                                   Norman Dicks,
                                   Jane Harman,
                                   Nita M. Lowey,
                                   Sheila Jackson-Lee,
                                   Donna M. Christensen,
                                   Bob Etheridge,
                                   James R. Langevin,
                                   Henry Cuellar,
                                   Al Green,
                                   Ed Perlmutter,
                                   Peter T. King,
                                   Mark Souder,
                                   Tom Davis,
                                   Daniel E. Lungren,
                                   Michael T. McCaul,
                                   Charles W. Dent,
                                   Ike Skelton,
                                   John M. Spratt, Jr.,
                                   Jim Saxton,
                                   John D. Dingell,
                                   Edward J. Markey,
                                   Tom Lantos,
                                   Gary Ackerman,
                                   Ileana Ros-Lehtinen,
                                   John Conyers,
                                   Zoe Lofgren,
                                   Henry A. Waxman,
                                   Wm. Lacy Clay,
                                   Silvestre Reyes,
                                   Bud Cramer,
                                   Bart Gordon,
                                   David Wu,
                                   Peter A. DeFazio,
                                   John B. Larson,
                                 Managers on the Part of the House.

                                   Joe Lieberman,
                                   Carl Levin,
                                   Daniel K. Akaka,
                                   Tom Carper,
                                   Mark Pryor,
                                   Chris Dodd,
                                   Daniel K. Inouye,
                                   Joe Biden,
                                Managers on the Part of the Senate.

                                  
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