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‘‘(A) IN GENERAL.—The Secretary and any
selected entity shall regularly monitor and in-
spect the operations of any third party con-
ducting certifications under this section to en-
sure that third party is complying with the pro-
cedures and requirements established under
paragraph (2) and all other applicable require-
ments.
‘‘(B) REVOCATION.—If the Secretary or any
selected entity determines that a third party is
not meeting the procedures or requirements es-
tablished under paragraph (2), the appropriate
selected entity shall—
‘‘(i) revoke the accreditation of that
third party to conduct certifications under
this section; and
‘‘(ii) review any certification con-
ducted by that third party, as necessary
and appropriate.
‘‘(d) ANNUAL REVIEW.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with representatives of the organizations that co-
ordinate or facilitate the development of and use of
voluntary consensus standards, appropriate voluntary
consensus standards development organizations, and
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each private sector advisory council created under sec-
tion 102(f)(4), shall annually review the voluntary
accreditation and certification program established
under this section to ensure the effectiveness of such
program and make improvements and adjustments to
the program as necessary and appropriate.
‘‘(2) REVIEW
OF
STANDARDS.—Each review
under paragraph (1) shall include an assessment of
the voluntary national preparedness standards used
in the program under this section.
‘‘(e) COMPLIANCE
BY ENTITIES SEEKING CERTIFI-
CATION.—Any entity seeking certification under this section
shall comply with all applicable statutes, regulations, direc-
tives, policies, and industry codes of practice in meeting
certification requirements.
‘‘(f) VOLUNTARY PARTICIPATION.—Certification under
this section shall be voluntary for any private sector entity.
‘‘(g) PUBLIC LISTING.—The Secretary shall maintain
and make public a listing of any private sector entity cer-
tified as being in compliance with the program established
under this section, if that private sector entity consents to
such listing.
‘‘(h) DEFINITION.—In this section, the term ‘selected
entity’ means any entity entering an agreement with the
Secretary under subsection (c)(1)(A).’’.
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(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 amended by inserting
after the item relating to section 521 the following:
‘‘Sec. 522. Voluntary national preparedness standards compliance; accreditation
and certification program for the private sector.’’.
SEC. 804. SENSE OF CONGRESS REGARDING PROMOTING AN
INTERNATIONAL STANDARD FOR PRIVATE
SECTOR PREPAREDNESS.
It is the sense of Congress that the Secretary or any
entity designated under section 522(c)(1)(A) of the Home-
land Security Act of 2002, as added by this Act, should
promote, where appropriate, efforts to develop a consistent
international standard for private sector preparedness.
SEC. 805. DEMONSTRATION PROJECT.
Not later than 120 days after the date of enactment
of this Act, the Secretary shall—
(1) establish a demonstration project to conduct
demonstrations of security management systems
that—
(A) shall use a management system stand-
ards approach; and
(B) may be integrated into quality, safety,
environmental and other internationally adopted
management systems; and
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(2) enter into 1 or more agreements with a pri-
vate sector entity to conduct such demonstrations of
security management systems.
SEC. 806. REPORT TO CONGRESS.
Not later than 180 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 of the House of
Representatives a report detailing—
(1) any action taken to implement this title or
an amendment made by this title; and
(2) the status, as of the date of that report, of the
implementation of this title and the amendments
made by this title.
SEC. 807. RULE OF CONSTRUCTION.
Nothing in this title may be construed to supercede
any preparedness or business continuity standards, require-
ments, or best practices established—
(1) under any other provision of Federal law; or
(2) by any sector-specific agency, as defined
under Homeland Security Presidential Directive-7.
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TITLE IX—TRANSPORTATION SE-
CURITY PLANNING AND IN-
FORMATION SHARING
SEC. 901. TRANSPORTATION SECURITY STRATEGIC PLAN-
NING.
(a) IN GENERAL.—Section 114(t)(1)(B) of title 49,
United States Code, is amended to read as follows:
‘‘(B) transportation modal and intermodal
security plans addressing risks, threats, and
vulnerabilities for aviation, bridge, tunnel, com-
muter rail and ferry, highway, maritime, pipe-
line, rail, mass transit, over-the-road bus, and
other public transportation infrastructure as-
sets.’’.
(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 by the Secretary of
Homeland Security (including assessments conducted
under section 1421 or 1503 of the Improving Amer-
ica’s Security Act of 2007 or any provision of law
amended by such title),’’ after ‘‘risk based priorities’’;
(2) in subparagraph (D)—
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(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’’;
(3) in subparagraph (E)—
(A) by striking ‘‘response’’ and inserting
‘‘prevention, response,’’; and
(B) by inserting ‘‘and threatened and exe-
cuted acts of terrorism outside the United States
to the extent such acts affect United States trans-
portation 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 be-
fore the date of enactment of the Improving America’s
Security Act of 2007.’’; and
(5) by adding at the end the following:
‘‘(G) Short- and long-term budget rec-
ommendations for Federal transportation secu-
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rity programs, which reflect the priorities of the
National Strategy for Transportation Security.
‘‘(H) Methods for linking the individual
transportation modal security plans and the pro-
grams contained therein, and a plan for address-
ing the security needs of intermodal transpor-
tation hubs.
‘‘(I) Transportation security modal and
intermodal plans, including operational recovery
plans to expedite, to the maximum extent prac-
ticable, the return to operation of an adversely
affected transportation system following a major
terrorist attack on that system or another catas-
trophe. These plans shall be coordinated with the
resumption of trade protocols required under sec-
tion 202 of the SAFE Port Act (6 U.S.C. 942).’’.
(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:
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‘‘(ii) CONTENT.—Each progress report
submitted under this subparagraph shall in-
clude the following:
‘‘(I) Recommendations for im-
proving and implementing the Na-
tional Strategy for Transportation Se-
curity 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 for research and development,
distributed by the Secretary of Home-
land Security in the most recently con-
cluded fiscal year and a description of
how such grants accomplished the goals
of the National Strategy for Transpor-
tation Security.
‘‘(III) An accounting of all—
‘‘(aa) funds requested in the
President’s budget submitted pur-
suant to section 1105 of title 31
for the most recently concluded
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fiscal year for transportation se-
curity, by mode; and
‘‘(bb) personnel working on
transportation security by mode,
including the number of contrac-
tors.
‘‘(iii) 
WRITTEN
EXPLANATION
OF
TRANSPORTATION SECURITY ACTIVITIES NOT
DELINEATED IN THE NATIONAL STRATEGY
FOR
TRANSPORTATION
SECURITY.—At the
end of each year, the Secretary of Homeland
Security shall submit to the appropriate
congressional committees a written expla-
nation of any activity inconsistent with, or
not clearly delineated in, the National
Strategy for Transportation Security, in-
cluding the amount of funds to be expended
for the activity and the number of personnel
involved.’’; and
(2) in subparagraph (E), by striking ‘‘Select’’.
(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
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(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 re-
sponsibilities under this section, the Secretary of
Homeland Security, in consultation with the Sec-
retary of Transportation, shall consult, as appro-
priate, with Federal, State, and local agencies, tribal
governments, private sector entities (including non-
profit employee labor organizations), institutions of
higher learning, and other entities.
‘‘(7) PLAN
DISTRIBUTION.—The Secretary of
Homeland Security shall make available an unclassi-
fied version of the National Strategy for Transpor-
tation Security, including its component transpor-
tation modal security plans, to Federal, State, re-
gional, local and tribal authorities, transportation
system owners or operators, private sector stake-
holders (including non-profit employee labor organi-
zations), institutions of higher learning, and other
appropriate entities.’’.
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SEC. 
902. 
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) ESTABLISHMENT OF PLAN.—The Secretary
of Homeland Security, in consultation with the pro-
gram manager of the information sharing environ-
ment 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).
‘‘(2) PURPOSE OF PLAN.—The Plan shall pro-
mote sharing of transportation security information
between the Department of Homeland Security and
public and private stakeholders.
‘‘(3) CONTENT
OF
PLAN.—The Plan shall
include—
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‘‘(A) a description of how intelligence ana-
lysts within the Department of Homeland Secu-
rity 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 established under
section 1506 of the Improving America’s Secu-
rity Act of 2007;
‘‘(B) the establishment of a point of contact,
which may be a single point of contact, for each
mode of transportation within the Department of
Homeland Security for its sharing of transpor-
tation security information with public and pri-
vate 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 pri-
mary authority, or has been delegated such au-
thority by the Secretary, to regulate the security
of that transportation mode;
‘‘(C) a reasonable deadline by which the
Plan will be implemented; and
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‘‘(D) a description of resource needs for ful-
filling the Plan.
‘‘(4) COORDINATION
WITH
THE
INFORMATION
SHARING ENVIRONMENT.—The Plan shall be—
‘‘(A) implemented in coordination with the
program manager for the information sharing
environment established under section 1016 of
the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (6 U.S.C. 485); and
‘‘(B) consistent with the establishment of
that environment, and any policies, guidelines,
procedures, instructions, or standards established
by the President or the program manager for the
implementation and management of that envi-
ronment.
‘‘(5) REPORTS TO CONGRESS.—
‘‘(A) IN
GENERAL.—Not later than 180
days after the date of enactment of this sub-
section, the Secretary shall submit to the appro-
priate congressional committees a report con-
taining the Plan.
‘‘(B) ANNUAL REPORT.—Not later than 1
year after the date of enactment of this sub-
section, the Secretary shall submit to the appro-
priate congressional committees an annual re-
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port on updates to and the implementation of the
Plan.
‘‘(6) SURVEY.—
‘‘(A) IN
GENERAL.—The Secretary shall
conduct a biennial survey of the satisfaction of
the recipients of transportation intelligence re-
ports disseminated under the Plan, and include
the results of the survey as part of the annual re-
port to be submitted under paragraph (5)(B).
‘‘(B) INFORMATION
SOUGHT.—The survey
conducted under subparagraph (A) shall seek in-
formation about the quality, speed, regularity,
and classification of the transportation security
information products disseminated from the De-
partment of Homeland Security to public and
private stakeholders.
‘‘(7) SECURITY
CLEARANCES.—The Secretary
shall, to the greatest extent practicable, take steps to
expedite the security clearances needed for public and
private stakeholders to receive and obtain access to
classified information distributed under this section
as appropriate.
‘‘(8) CLASSIFICATION OF MATERIAL.—The Sec-
retary, to the greatest extent practicable, shall provide
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public and private stakeholders with specific and ac-
tionable information in an unclassified format.
‘‘(9) DEFINITIONS.—In this subsection:
‘‘(A) APPROPRIATE
CONGRESSIONAL
COM-
MITTEES.—The term ‘appropriate congressional
committees’ has the meaning given that term in
subsection (t), but shall also include the Senate
Committee on Banking, Housing, and Urban
Development.
‘‘(B) PLAN.—The term ‘Plan’ means the
Transportation Security Information Sharing
Plan established under paragraph (1).
‘‘(C) 
PUBLIC
AND
PRIVATE
STAKE-
HOLDERS.—The term ‘public and private stake-
holders’ means Federal, State, and local agencies,
tribal governments, and appropriate private en-
tities.
‘‘(D) SECRETARY.—The term ‘Secretary’
means the Secretary of Homeland Security.
‘‘(E) TRANSPORTATION SECURITY INFORMA-
TION.—The term ‘transportation security infor-
mation’ means information relating to the risks
to transportation modes, including aviation,
bridge and tunnel, mass transit, passenger and
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freight rail, ferry, highway, maritime, pipeline,
and over-the-road bus transportation.’’.
(b) CONGRESSIONAL OVERSIGHT OF SECURITY ASSUR-
ANCE FOR PUBLIC AND PRIVATE STAKEHOLDERS.—
(1) IN GENERAL.—Except as provided in para-
graph (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 Development of the
Senate and the Committee on Homeland Security and
the Committee on Transportation and Infrastructure
of the House of Representatives that—
(A) identifies the job titles and descriptions
of the persons with whom such information is to
be shared under the transportation security in-
formation sharing plan established under section
114(u) of title 49, United States Code, as added
by this Act, and explains the reason for sharing
the information with such persons;
(B) describes the measures the Secretary has
taken, under section 114(u)(7) of that title, or
otherwise, to ensure proper treatment and secu-
rity for any classified information to be shared
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with the public and private stakeholders under
the plan; and
(C) explains the reason for the denial of
transportation security information to any
stakeholder who had previously received such in-
formation.
(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 secu-
rity information is shared under the plan since the
end of the period covered by the last preceding semi-
annual report.
SEC. 903. TRANSPORTATION SECURITY ADMINISTRATION
PERSONNEL MANAGEMENT.
(a) TSA EMPLOYEE DEFINED.—In this section, the
term ‘‘TSA employee’’ means an individual who holds—
(1) any position which was transferred (or the
incumbent of which was transferred) from the Trans-
portation Security Administration of the Department
of Transportation to the Department by section 403
of the Homeland Security Act of 2002 (6 U.S.C. 203);
or
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(2) any other position within the Department
the duties and responsibilities of which include car-
rying out 1 or more of the functions that were trans-
ferred from the Transportation Security Administra-
tion of the Department of Transportation to the Sec-
retary by such section.
(b) ELIMINATION OF CERTAIN PERSONNEL MANAGE-
MENT AUTHORITIES.—Effective 90 days after the date of
enactment of this Act—
(1) section 111(d) of the Aviation and Transpor-
tation Security Act (49 U.S.C. 44935 note) is re-
pealed and any authority of the Secretary derived
from such section 111(d) shall terminate;
(2) any personnel management system, to the ex-
tent established or modified under such section 111(d)
(including by the Secretary through the exercise of
any authority derived from such section 111(d)) shall
terminate; and
(3) the Secretary shall ensure that all TSA em-
ployees are subject to the same personnel management
system as described in paragraph (1) or (2) of sub-
section (e).
(c) ESTABLISHMENT OF CERTAIN UNIFORMITY RE-
QUIREMENTS.—
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(1) SYSTEM
UNDER
SUBSECTION (e)(1).—The
Secretary shall, with respect to any personnel man-
agement system described in subsection (e)(1), take
any measures which may be necessary to provide for
the uniform treatment of all TSA employees under
such system.
(2) SYSTEM UNDER SUBSECTION (e)(2).—Section
9701(b) of title 5, United States Code, is amended—
(A) in paragraph (4), by striking ‘‘and’’ at
the end;
(B) in paragraph (5), by striking the period
at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(6) provide for the uniform treatment of all
TSA employees (as that term is defined in section 903
of the Improving America’s Security Act of 2007).’’.
(3) EFFECTIVE DATE.—
(A) PROVISIONS
RELATING
TO
A
SYSTEM
UNDER SUBSECTION (e)(1).—Any measures nec-
essary to carry out paragraph (1) shall take ef-
fect 90 days after the date of enactment of this
Act.
(B) PROVISIONS
RELATING
TO
A
SYSTEM
UNDER SUBSECTION (e)(2).—Any measures nec-
essary to carry out the amendments made by
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paragraph (2) shall take effect on the later of 90
days after the date of enactment of this Act and
the commencement date of the system involved.
(d) REPORT TO CONGRESS.—
(1) REPORT
REQUIRED.—Not later than 6
months after the date of enactment of this Act, the
Comptroller General of the United States shall submit
to the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a
report on—
(A) the pay system that applies with respect
to TSA employees as of the date of enactment of
this Act; and
(B) any changes to such system which
would be made under any regulations which
have been prescribed under chapter 97 of title 5,
United States Code.
(2) MATTERS FOR INCLUSION.—The report re-
quired under paragraph (1) shall include—
(A) a brief description of each pay system
described in paragraphs (1)(A) and (1)(B), re-
spectively;
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(B) a comparison of the relative advantages
and disadvantages of each of those pay systems;
and
(C) such other matters as the Comptroller
General determines appropriate.
(e) PERSONNEL MANAGEMENT SYSTEM DESCRIBED.—
A personnel management system described in this sub-
section is—
(1) any personnel management system, to the ex-
tent that it applies with respect to any TSA employ-
ees under section 114(n) of title 49, United States
Code; and
(2) any human resources management system,
established under chapter 97 of title 5, United States
Code.
SEC. 904. APPEAL RIGHTS AND EMPLOYEE ENGAGEMENT
MECHANISM FOR PASSENGER AND PROPERTY
SCREENERS.
(a) APPEAL RIGHTS FOR SCREENERS.—
(1) IN GENERAL.—Section 111(d) of the Aviation
and Transportation Security Act (49 U.S.C. 44935
note) is amended—
(A) by striking ‘‘Notwithstanding’’ and in-
serting the following:
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‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3) notwithstanding’’; and
(B) by adding at the end the following:
‘‘(2) RIGHT TO APPEAL ADVERSE ACTION.—The
provisions of chapters 75 and 77 of title 5, United
States Code, shall apply to an individual employed or
appointed to carry out the screening functions of the
Administrator under section 44901 of title 49, United
States Code.
‘‘(3) EMPLOYEE ENGAGEMENT MECHANISM FOR
ADDRESSING WORKPLACE ISSUES.—The Under Sec-
retary of Transportation shall provide a collaborative,
integrated, employee engagement mechanism, subject
to chapter 71 of title 5, United States Code, at every
airport to address workplace issues, except that collec-
tive bargaining over working conditions shall not ex-
tend to pay. Employees shall not have the right to en-
gage in a strike and the Under Secretary may take
whatever actions may be necessary to carry out the
agency mission during emergencies, newly imminent
threats, or intelligence indicating a newly imminent
emergency risk. No properly classified information
shall be divulged in any non-authorized forum.’’.
(2) 
CONFORMING
AMENDMENTS.—Section
111(d)(1) of the Aviation and Transportation Secu-
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rity Act, as amended by paragraph (1)(A), is
amended—
(A) by striking ‘‘Under Secretary of Trans-
portation for Security’’ and inserting ‘‘Adminis-
trator of the Transportation Security Adminis-
tration’’; and
(B) by striking ‘‘Under Secretary’’ each
place such appears and inserting ‘‘Adminis-
trator’’.
(b) WHISTLEBLOWER PROTECTIONS.—Section 883 of
the Homeland Security Act of 2002 (6 U.S.C. 463) is
amended, in the matter preceding paragraph (1), by insert-
ing ‘‘, or section 111(d) of the Aviation and Transportation
Security Act,’’ after ‘‘this Act’’.
(c) REPORT TO CONGRESS.—
(1) REPORT
REQUIRED.—Not later than 6
months after the date of enactment of this Act, the
Comptroller General of the United States shall submit
to the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a
report on—
(A) the pay system that applies with respect
to TSA employees as of the date of enactment of
this Act; and
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(B) any changes to such system which
would be made under any regulations which
have been prescribed under chapter 97 of title 5,
United States Code.
(2) MATTERS FOR INCLUSION.—The report re-
quired under paragraph (1) shall include—
(A) a brief description of each pay system
described in paragraphs (1)(A) and (1)(B), re-
spectively;
(B) a comparison of the relative advantages
and disadvantages of each of those pay systems;
and
(C) such other matters as the Comptroller
General determines appropriate.
(d) This section shall take effect one day after the date
of enactment.
SEC. 905. PLAN FOR 100 PERCENT SCANNING OF CARGO
CONTAINERS.
Section 232(c) of the Security and Accountability For
Every Port Act (6 U.S.C. 982(c)) is amended—
(1) by striking ‘‘Not later’’ and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—Not later’’;
(2) by resetting the left margin of the text thereof
2 ems from the left margin; and
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(3) by inserting at the end thereof the following:
‘‘(2) PLAN
FOR 100 PERCENT
SCANNING
OF
CARGO CONTAINERS.—
‘‘(A) IN GENERAL.—The first report under
paragraph (1) shall include an initial plan to
scan 100 percent of the cargo containers destined
for the United States before such containers ar-
rive in the United States.
‘‘(B) PLAN
CONTENTS.—The plan under
subparagraph (A) shall include—
‘‘(i) specific annual benchmarks for the
percentage of cargo containers destined for
the United States that are scanned at a for-
eign port;
‘‘(ii) annual increases in the bench-
marks described in clause (i) until 100 per-
cent of the cargo containers destined for the
United States are scanned before arriving
in the United States, unless the Secretary
explains in writing to the appropriate con-
gressional 
committees 
that 
inadequate
progress has been made in meeting the cri-
teria in section 232(b) for expanded scan-
ning to be practical or feasible;
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‘‘(iii) an analysis of how to effectively
incorporate existing programs, including
the Container Security Initiative estab-
lished by section 205 and the Customs-
Trade Partnership Against Terrorism estab-
lished by subtitle B, to reach the bench-
marks described in clause (i); and
‘‘(iv) an analysis of the scanning
equipment, personnel, and technology nec-
essary to reach the goal of 100 percent scan-
ning of cargo containers.
‘‘(C) SUBSEQUENT REPORTS.—Each report
under paragraph (1) after the initial report shall
include an assessment of the progress toward im-
plementing the plan under subparagraph (A).’’.
TITLE X—INCIDENT COMMAND
SYSTEM
SEC. 1001. PREIDENTIFYING AND EVALUATING MULTI-
JURISDICTIONAL FACILITIES TO STRENGTH-
EN 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;
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(2) by redesignating subparagraph (I) as sub-
paragraph (K); and
(3) by inserting after subparagraph (H) the fol-
lowing:
‘‘(I) coordinating with the private sector to
help ensure private sector preparedness for nat-
ural disasters, acts of terrorism, or other man-
made disasters;
‘‘(J) assisting State, local, or tribal govern-
ments, where appropriate, to preidentify and
evaluate suitable sites where a multijuris-
dictional incident command system can be
quickly established and operated from, if the
need for such a system arises; and’’.
SEC. 1002. CREDENTIALING AND TYPING TO STRENGTHEN
INCIDENT COMMAND.
(a) IN GENERAL.—Title V of the Homeland Security
Act of 2002 (6 U.S.C. 331 et seq.) is amended—
(1) by striking section 510 and inserting the fol-
lowing:
‘‘SEC. 510. CREDENTIALING AND TYPING.
‘‘(a) CREDENTIALING.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘credential’ means to provide
documentation that can authenticate and verify
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the qualifications and identity of managers of
incidents, emergency response providers, and
other appropriate personnel, including by ensur-
ing that such personnel possess a minimum com-
mon level of training, experience, physical and
medical fitness, and capability appropriate for
their position;
‘‘(B) the term ‘credentialing’ means evalu-
ating an individual’s qualifications for a specific
position under guidelines created under this sub-
section and assigning such individual a quali-
fication under the standards developed under
this subsection; and
‘‘(C) the term ‘credentialed’ means an indi-
vidual has been evaluated for a specific position
under the guidelines created under this sub-
section.
‘‘(2) REQUIREMENTS.—
‘‘(A) IN
GENERAL.—The Administrator
shall enter into a memorandum of understanding
with the administrators of the Emergency Man-
agement Assistance Compact, State, local, and
tribal governments, emergency response pro-
viders, and the organizations that represent such
providers, to collaborate on establishing nation-
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wide standards for credentialing all personnel
who are likely to respond to a natural disaster,
act of terrorism, or other man-made disaster.
‘‘(B) CONTENTS.—The standards developed
under subparagraph (A) shall—
‘‘(i) include the minimum professional
qualifications, certifications, training, and
education requirements for specific emer-
gency response functional positions that are
applicable to Federal, State, local, and trib-
al government;
‘‘(ii) be compatible with the National
Incident Management System; and
‘‘(iii) be consistent with standards for
advance registration for health professions
volunteers under section 319I of the Public
Health Services Act (42 U.S.C. 247d–7b).
‘‘(C) TIMEFRAME.—The Administrator shall
develop standards under subparagraph (A) not
later than 6 months after the date of enactment
of the Improving America’s Security Act of 2007.
‘‘(3) CREDENTIALING
OF
DEPARTMENT
PER-
SONNEL.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of enactment of the Improving
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America’s Security Act of 2007, the Secretary
and the Administrator shall ensure that all per-
sonnel of the Department (including temporary
personnel and individuals in the Surge Capacity
Force established under section 624 of the Post-
Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 711)) who are likely to respond
to a natural disaster, act of terrorism, or other
man-made disaster are credentialed.
‘‘(B) STRATEGIC HUMAN CAPITAL PLAN.—
Not later than 90 days after completion of the
credentialing under subparagraph (A), the Ad-
ministrator shall evaluate whether the workforce
of the Agency complies with the strategic human
capital plan of the Agency developed under sec-
tion 10102 of title 5, United States Code, and is
sufficient to respond to a catastrophic incident.
‘‘(4) INTEGRATION
WITH
NATIONAL
RESPONSE
PLAN.—
‘‘(A) DISTRIBUTION
OF
STANDARDS.—Not
later than 6 months after the date of enactment
of the Improving America’s Security Act of 2007,
the Administrator shall provide the standards
developed under paragraph (2) to all Federal
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agencies that have responsibilities under the Na-
tional Response Plan.
‘‘(B) CREDENTIALING
OF
AGENCIES.—Not
later than 6 months after the date on which the
standards are provided under subparagraph (A),
each agency described in subparagraph (A)
shall—
‘‘(i) ensure that all employees or volun-
teers of that agency who are likely to re-
spond to a natural disaster, act of ter-
rorism, or other man-made disaster are
credentialed; and
‘‘(ii) submit to the Secretary the name
of each credentialed employee or volunteer of
such agency.
‘‘(C) 
LEADERSHIP.—The 
Administrator
shall provide leadership, guidance, and technical
assistance to an agency described in subpara-
graph (A) to facilitate the credentialing process
of that agency.
‘‘(5) DOCUMENTATION AND DATABASE SYSTEM.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of enactment of the Improving
America’s Security Act of 2007, the Adminis-
trator shall establish and maintain a docu-
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mentation and database system of Federal emer-
gency response providers and all other Federal
personnel credentialed to respond to a natural
disaster, act of terrorism, or other man-made
disaster.
‘‘(B) ACCESSIBILITY.—The documentation
and database system established under subpara-
graph (1) shall be accessible to the Federal co-
ordinating officer and other appropriate officials
preparing for or responding to a natural dis-
aster, act of terrorism, or other man-made dis-
aster.
‘‘(C) CONSIDERATIONS.—The Administrator
shall consider whether the credentialing system
can be used to regulate access to areas affected by
a natural disaster, act of terrorism, or other
man-made disaster.
‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN-
MENTS.—Not later than 6 months after the date of en-
actment of the Improving America’s Security Act of
2007, the Administrator shall—
‘‘(A) in collaboration with the administra-
tors of the Emergency Management Assistance
Compact, State, local, and tribal governments,
emergency response providers, and the organiza-
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tions that represent such providers, provide de-
tailed written guidance, assistance, and expertise
to State, local, and tribal governments to facili-
tate the credentialing of State, local, and tribal
emergency response providers commonly or likely
to be used in responding to a natural disaster,
act of terrorism, or other man-made disaster;
and
‘‘(B) in coordination with the administra-
tors of the Emergency Management Assistance
Compact, State, local, and tribal governments,
emergency response providers (and the organiza-
tions that represent such providers), and appro-
priate national professional organizations, assist
State, local, and tribal governments with
credentialing the personnel of the State, local, or
tribal government under the guidance provided
under subparagraph (A).
‘‘(7) REPORT.—Not later than 6 months after the
date of enactment of the Improving America’s Secu-
rity Act of 2007, and annually thereafter, the Admin-
istrator 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 describing the implementa-
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tion of this subsection, including the number and level
of qualification of Federal personnel trained and
ready to respond to a natural disaster, act of ter-
rorism, or other man-made disaster.
‘‘(b) TYPING OF RESOURCES.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘typed’ means an asset or re-
source that has been evaluated for a specific
function under the guidelines created under this
section; and
‘‘(B) the term ‘typing’ means to define in
detail the minimum capabilities of an asset or
resource.
‘‘(2) REQUIREMENTS.—
‘‘(A) IN
GENERAL.—The Administrator
shall enter into a memorandum of understanding
with the administrators of the Emergency Man-
agement Assistance Compact, State, local, and
tribal governments, emergency response pro-
viders, and organizations that represent such
providers, to collaborate on establishing nation-
wide standards for typing of resources commonly
or likely to be used in responding to a natural
disaster, act of terrorism, or other man-made
disaster.
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‘‘(B) CONTENTS.—The standards developed
under subparagraph (A) shall—
‘‘(i) be applicable to Federal, State,
local, and tribal government; and
‘‘(ii) be compatible with the National
Incident Management System.
‘‘(3) TYPING OF DEPARTMENT RESOURCES AND
ASSETS.—Not later than 1 year after the date of en-
actment of the Improving America’s Security Act of
2007, the Secretary shall ensure that all resources and
assets of the Department that are commonly or likely
to be used to respond to a natural disaster, act of ter-
rorism, or other man-made disaster are typed.
‘‘(4) INTEGRATION
WITH
NATIONAL
RESPONSE
PLAN.—
‘‘(A) DISTRIBUTION
OF
STANDARDS.—Not
later than 6 months after the date of enactment
of the Improving America’s Security Act of 2007,
the Administrator shall provide the standards
developed under paragraph (2) to all Federal
agencies that have responsibilities under the Na-
tional Response Plan.
‘‘(B) TYPING
OF
AGENCIES, ASSETS, AND
RESOURCES.—Not later than 6 months after the
date on which the standards are provided under
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subparagraph (A), each agency described in sub-
paragraph (A) shall—
‘‘(i) ensure that all resources and assets
(including teams, equipment, and other as-
sets) of that agency that are commonly or
likely to be used to respond to a natural
disaster, act of terrorism, or other man-
made disaster are typed; and
‘‘(ii) submit to the Secretary a list of
all types resources and assets.
‘‘(C) 
LEADERSHIP.—The 
Administrator
shall provide leadership, guidance, and technical
assistance to an agency described in subpara-
graph (A) to facilitate the typing process of that
agency.
‘‘(5) DOCUMENTATION AND DATABASE SYSTEM.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of enactment of the Improving
America’s Security Act of 2007, the Adminis-
trator shall establish and maintain a docu-
mentation and database system of Federal re-
sources and assets commonly or likely to be used
to respond to a natural disaster, act of terrorism,
or other man-made disaster.