S.Amdt. 276

TEXT OF AMENDMENTS

SA 271. Mrs. FEINSTEIN submitted an amendment intended to be proposed
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman,
and Ms. Collins) to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; as follows:

Strike subsection (c) of section 401 and insert the
following:
(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:
``(8) Nonimmigrant visa refusal rate flexibility.--
``(A) Certification.--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 that exit through
airports of the United States, the Secretary of Homeland
Security shall certify to Congress that such air exit system
is in place.
``(B) Waiver.--After certification by the Secretary under
subparagraph (A), the Secretary of Homeland Security, in
consultation with the Secretary of State, may waive the
application of paragraph (2)(A) for a country--
``(i) if the country meets all security requirements of
this section;
``(ii) if 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) if there has been a sustained reduction in the rate
of refusals for nonimmigrant visitor 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 and information
sharing before the date of its designation as a program
country, and the Secretary of Homeland Security and the
Secretary of State expect such cooperation will continue; and
``(v)(I) if the rate of refusals for nonimmigrant visitor
visas for nationals of the country during the previous full
fiscal year was not more than 10 percent; or
``(II) if the visa overstay rate for the country for the
previous full fiscal year does not exceed the maximum visa
overstay rate, once it is established under subparagraph (C).
``(C) Maximum visa overstay rate.--
``(i) Requirement to establish.--After certification by the
Secretary under subparagraph (A), the Secretary of Homeland
Security and the Secretary of State jointly

[[Page S2380]]

shall use information from the air exit system referred to in
subparagraph (A) to establish a maximum visa overstay rate
for countries participating in the program pursuant to a
waiver under subparagraph (B).
``(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 visitor visa for which the period of stay
authorized by such visa ended during a fiscal year and who
remained in the United States unlawfully beyond the such
period of stay; to
``(II) the total number of nationals of that country who
were admitted to the United States on the basis of a
nonimmigrant visitor visa for which the period of stay
authorized by such visa ended during such fiscal year.

``(iii) Report and publication.--Secretary of Homeland
Security shall submit to Congress and publish in the Federal
Register a notice of the maximum visa overstay rate proposed
to be established under clause (i). Not less than 60 days
after the date such notice is submitted and published, the
Secretary shall issue a final maximum visa overstay rate.
``(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.''.
______

SA 272. Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. SHARING OF SOCIAL SECURITY DATA FOR IMMIGRATION
ENFORCEMENT PURPOSES.

(a) Social Security Account Numbers.--Section 264(f) of the
Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended
to read as follows:
``(f) Notwithstanding any other provision of law (including
section 6103 of the Internal Revenue Code of 1986), the
Secretary of Homeland Security, the Secretary of Labor, and
the Attorney General are authorized to require an individual
to provide the individual's social security account number
for purposes of inclusion in any record of the individual
maintained by either such Secretary or the Attorney General,
or of inclusion in any application, document, or form
provided under or required by the immigration laws.''.
(b) Exchange of Information.--Section 290(c) of the
Immigration and Nationality Act (8 U.S.C. 1360(c)) is amended
by striking paragraph (2) and inserting the following new
paragraphs:
``(2)(A) Notwithstanding any other provision of law
(including section 6103 of the Internal Revenue Code of
1986), if earnings are reported on or after January 1, 1997,
to the Social Security Administration on a social security
account number issued to an alien not authorized to work in
the United States, the Commissioner of Social Security shall
provide the Secretary of Homeland Security with information
regarding the name, date of birth, and address of the alien,
the name and address of the person reporting the earnings,
and the amount of the earnings.
``(B) The information described in subparagraph (A) shall
be provided in an electronic form agreed upon by the
Commissioner and the Secretary.
``(3)(A) Notwithstanding any other provision of law
(including section 6103 of the Internal Revenue Code of
1986), if a social security account number was used with
multiple names, the Commissioner of Social Security shall
provide the Secretary of Homeland Security with information
regarding the name, date of birth, and address of each
individual who used that social security account number, and
the name and address of the person reporting the earnings for
each individual who used that social security account number.
``(B) The information described in subparagraph (A) shall
be provided in an electronic form agreed upon by the
Commissioner and the Secretary for the sole purpose of
enforcing the immigration laws.
``(C) The Secretary, in consultation with the Commissioner,
may limit or modify the requirements of this paragraph, as
appropriate, to identify the cases posing the highest
possibility of fraudulent use of social security account
numbers related to violation of the immigration laws.
``(4)(A) Notwithstanding any other provision of law
(including section 6103 of the Internal Revenue Code of
1986), if more than one person reports earnings for an
individual during a single tax year, the Commissioner of
Social Security shall provide the Secretary of Homeland
Security information regarding the name, date of birth, and
address of the individual, and the name and address of the
each person reporting earnings for that individual.
``(B) The information described in subparagraph (A) shall
be provided in an electronic form agreed upon by the
Commissioner and the Secretary for the sole purpose of
enforcing the immigration laws.
``(C) The Secretary, in consultation with the Commissioner,
may limit or modify the requirements of this paragraph, as
appropriate, to identify the cases posing the highest
possibility of fraudulent use of social security account
numbers related to violation of the immigration laws.
``(5)(A) The Commissioner of Social Security shall perform,
at the request of the Secretary of Homeland Security, a
search or manipulation of records held by the Commissioner if
the Secretary certifies that the purpose of the search or
manipulation is to obtain information that is likely to
assist in identifying individuals (and their employers) who
are using false names or social security account numbers, who
are sharing a single valid name and social security account
number among multiple individuals, who are using the social
security account number of a person who is deceased, too
young to work, or not authorized to work, or who are
otherwise engaged in a violation of the immigration laws. The
Commissioner shall provide the results of such search or
manipulation to the Secretary, notwithstanding any other
provision law (including section 6103 of the Internal Revenue
Code of 1986).
``(B) The Secretary shall transfer to the Commissioner the
funds necessary to cover the costs directly incurred by the
Commissioner in carrying out each search or manipulation
requested by the Secretary under subparagraph (A).''.
(c) False Claims of Citizenship by Nationals of the United
States.--Section 212(a)(6)(C)(ii)(I) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)(I)) is amended by
inserting ``or national'' after ``citizen''.
______

SA 273. Mr. ALLARD (for himself and Mr. Salazar) submitted an
amendment intended to be proposed by him to the bill S. 4, to make the
United States more secure by implementing unfinished recommendations of
the 9/11 Commission to fight the war on terror more effectively, to
improve homeland security, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. INCLUSION OF THE TRANSPORTATION TECHNOLOGY CENTER IN
THE NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

The National Domestic Preparedness Consortium shall include
the Transportation Technology Center in Pueblo, Colorado.
______

SA 274. Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CABLE CARRIAGE OF TELEVISON BROADCAST SIGNALS.

Part I of title III of the Communications Act of 1934 (47
U.S.C. 301 et seq.) is amended by adding at the end the
following:

``SEC. 342. CARRIAGE OF SIGNALS TO CERTAIN TELEVISION MARKET
AREAS.

``(a) In General.--Notwithstanding any other provision of
law, each cable operator providing service in an eligible
area may elect to carry the primary signal of any network
station located in the capital of the State in which such
area is located.
``(b) Definitions.--As used in this section:
``(1) Eligible area.--The term `eligible area' means 1 of 2
counties that--
``(A) are all in a single State;
``(B) on the date of enactment of this section, were each
located in--
``(i) the 46th largest designated market area for the year
2005 according to Nielsen Media Research; and
``(ii) a designated market area comprised principally of
counties located in another State; and
``(C) as a group had a total number of television
households that when combined did not exceed 30,000 for the
year 2005 according to Nielsen Media Research.
``(2) Network station.--The term `network station' has the
same meaning as in section 119(d) of title 17, United States
Code.''.

SEC. __. SATELLITE CARRIAGE OF TELEVISION BROADCAST SIGNALS.

Section 119(a)(2)(C) of title 17, United States Code, is
amended--
(1) by redesignating clause (v) as clause (vi);
(2) by inserting after clause (v) the following:
``(v) Further additional stations.--If 2 adjacent counties
in a single State are in a local market comprised principally
of counties located in another State, the statutory

[[Page S2381]]

license provided for in subparagraph (A) shall apply to the
secondary transmission by a satellite carrier to subscribers
in those 2 counties of the primary transmissions of any
network station located in the capital of the State in which
such 2 counties are located, if--

``(I) the 2 counties are located in the 46th largest
designated market area for the year 2005 according to Nielsen
Media Research; and
``(II) the total number of television households in the 2
counties combined did not exceed 30,000 for the year 2005
according to Nielsen Media Research.''; and

(3) in clause (vi) as redesignated, by striking ``and
(iv)'' and inserting ``(iv), and (v)''.
______

SA 275. Mr. REID (for himself, Mr. Lieberman, and Ms. Collins)
proposed an amendment to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Improving America's Security
Act of 2007''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.

SEC. 3. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Table of contents.

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

Subtitle A--Homeland Security Information Sharing Enhancement

Sec. 111. Homeland Security Advisory System and information sharing.
Sec. 112. Information sharing.
Sec. 113. Intelligence training development for State and local
government officials.
Sec. 114. Information sharing incentives.

Subtitle B--Homeland Security Information Sharing Partnerships

Sec. 121. State, Local, and Regional Fusion Center Initiative.
Sec. 122. Homeland Security Information Sharing Fellows Program.

Subtitle C--Interagency Threat Assessment and Coordination Group

Sec. 131. Interagency Threat Assessment and Coordination Group.

TITLE II--HOMELAND SECURITY GRANTS

Sec. 201. Short title.
Sec. 202. Homeland Security Grant Program.
Sec. 203. Technical and conforming amendments.

TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

Sec. 301. Dedicated funding to achieve emergency communications
operability and interoperable communications.
Sec. 302. Border Interoperability Demonstration Project.

TITLE IV--ENHANCING SECURITY OF INTERNATIONAL TRAVEL

Sec. 401. Modernization of the visa waiver program.
Sec. 402. Strengthening the capabilities of the Human Smuggling and
Trafficking Center.
Sec. 403. Enhancements to the Terrorist Travel Program.
Sec. 404. Enhanced driver's license.
Sec. 405. Western Hemisphere Travel Initiative.

TITLE V--PRIVACY AND CIVIL LIBERTIES MATTERS

Sec. 501. Modification of authorities relating to Privacy and Civil
Liberties Oversight Board.
Sec. 502. Privacy and civil liberties officers.
Sec. 503. Department Privacy Officer.
Sec. 504. Federal Agency Data Mining Reporting Act of 2007.

TITLE VI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

Sec. 601. National Biosurveillance Integration Center.
Sec. 602. Biosurveillance efforts.
Sec. 603. Interagency coordination to enhance defenses against nuclear
and radiological weapons of mass destruction.

TITLE VII--PRIVATE SECTOR PREPAREDNESS

Sec. 701. Definitions.
Sec. 702. Responsibilities of the private sector office of the
Department.
Sec. 703. Voluntary national preparedness standards compliance;
accreditation and certification program for the private
sector.
Sec. 704. Sense of Congress regarding promoting an international
standard for private sector preparedness.
Sec. 705. Report to Congress.
Sec. 706. Rule of construction.

TITLE VIII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

Sec. 801. Transportation security strategic planning.
Sec. 802. Transportation security information sharing.
Sec. 803. Transportation Security Administration personnel management.

TITLE IX--INCIDENT COMMAND SYSTEM

Sec. 901. Preidentifying and evaluating multijurisdictional facilities
to strengthen incident command; private sector
preparedness.
Sec. 902. Credentialing and typing to strengthen incident command.

TITLE X--CRITICAL INFRASTRUCTURE PROTECTION

Sec. 1001. Critical infrastructure protection.
Sec. 1002. Risk assessment and report.
Sec. 1003. Use of existing capabilities.

TITLE XI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Sec. 1101. Availability to public of certain intelligence funding
information.
Sec. 1102. Response of intelligence community to requests from
Congress.
Sec. 1103. Public Interest Declassification Board.

TITLE XII--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

Sec. 1201. Promoting antiterrorism capabilities through international
cooperation.
Sec. 1202. Transparency of funds.

TITLE XIII--TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES

Sec. 1301. Short title.

Subtitle A--Surface Transportation and Rail Security

Sec. 1311. Definition.

PART I--Improved Rail Security

Sec. 1321. Rail transportation security risk assessment.
Sec. 1322. Systemwide Amtrak security upgrades.
Sec. 1323. Fire and life-safety improvements.
Sec. 1324. Freight and passenger rail security upgrades.
Sec. 1325. Rail security research and development.
Sec. 1326. Oversight and grant procedures.
Sec. 1327. Amtrak plan to assist families of passengers involved in
rail passenger accidents.
Sec. 1328. Northern border rail passenger report.
Sec. 1329. Rail worker security training program.
Sec. 1330. Whistleblower protection program.
Sec. 1331. High hazard material security risk mitigation plans.
Sec. 1332. Enforcement authority.
Sec. 1333. Rail security enhancements.
Sec. 1334. Public awareness.
Sec. 1335. Railroad high hazard material tracking.
Sec. 1336. Authorization of appropriations.

PART II--Improved Motor Carrier, Bus, and Hazardous Material Security

Sec. 1341. Hazardous materials highway routing.
Sec. 1342. Motor carrier high hazard material tracking.
Sec. 1343. Memorandum of agreement.
Sec. 1344. Hazardous materials security inspections and enforcement.
Sec. 1345. Truck security assessment.
Sec. 1346. National public sector response system.
Sec. 1347. Over-the-road bus security assistance.
Sec. 1348. Pipeline security and incident recovery plan.
Sec. 1349. Pipeline security inspections and enforcement.
Sec. 1350. Technical corrections.
Sec. 1351. Certain personnel limitations not to apply.
Sec. 1352. Maritime and surface transportation security user fee study.

Subtitle B--Aviation Security Improvement

Sec. 1361. Extension of authorization for aviation security funding.
Sec. 1362. Passenger aircraft cargo screening.
Sec. 1363. Blast-resistant cargo containers.
Sec. 1364. Protection of air cargo on passenger planes from explosives.
Sec. 1365. In-line baggage screening.
Sec. 1366. Enhancement of in-line baggage system deployment.
Sec. 1367. Research and development of aviation transportation security
technology.
Sec. 1368. Certain TSA personnel limitations not to apply.
Sec. 1369. Specialized training.
Sec. 1370. Explosive detection at passenger screening checkpoints.
Sec. 1371. Appeal and redress process for passengers wrongly delayed or
prohibited from boarding a flight.
Sec. 1372. Strategic plan to test and implement advanced passenger
prescreening system.
Sec. 1373. Repair station security.
Sec. 1374. General aviation security.

[[Page S2382]]

Sec. 1375. Security credentials for airline crews.
Sec. 1376. National explosives detection canine team training center.

Subtitle C--Interoperable Emergency Communications

Sec. 1381. Interoperable emergency communications.
Sec. 1382. Rule of construction.
Sec. 1383. Cross border interoperability reports.
Sec. 1384. Extension of short quorum.

TITLE XIV--PUBLIC TRANSPORTATION TERRORISM PREVENTION

Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Security assessments.
Sec. 1404. Security assistance grants.
Sec. 1405. Public transportation security training program.
Sec. 1406. Intelligence sharing.
Sec. 1407. Research, development, and demonstration grants and
contracts.
Sec. 1408. Reporting requirements.
Sec. 1409. Authorization of appropriations.
Sec. 1410. Sunset provision.

TITLE XV--MISCELLANEOUS PROVISIONS

Sec. 1501. Deputy Secretary of Homeland Secretary for Management.
Sec. 1502. Sense of the Senate regarding combating domestic
radicalization.
Sec. 1503. Report regarding border security.

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

Subtitle A--Homeland Security Information Sharing Enhancement

SEC. 111. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION
SHARING.

(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 warnings regarding the risk of terrorist
attacks 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 warnings.
``(b) Required Elements.--In administering the Homeland
Security Advisory System, the Secretary shall--
``(1) establish criteria for the issuance and revocation of
such warnings;
``(2) develop a methodology, relying on the criteria
established under paragraph (1), for the issuance and
revocation of such warnings;
``(3) provide, in each such warning, specific information
and advice regarding appropriate protective measures and
countermeasures that may be taken in response to that risk,
at the maximum level of detail practicable to enable
individuals, government entities, emergency response
providers, and the private sector to act appropriately; and
``(4) whenever possible, limit the scope of each such
warning to a specific region, locality, or economic sector
believed to be at risk.

``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 shall integrate and standardize
the information of the intelligence components of the
Department, except for any internal protocols of such
intelligence components, to be administered by the Chief
Intelligence Officer.
``(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 Chief
Intelligence Officer regarding coordinating the different
systems used in the Department to gather and disseminate
homeland security information.
``(c) State, Local, and Private-Sector Sources of
Information.--
``(1) Establishment of business processes.--The Chief
Intelligence Officer shall--
``(A) establish Department-wide procedures for the review
and analysis of information gathered from sources in State,
local, and tribal government 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 gathers information and
provides such information to the Department.
``(d) Training and Evaluation of Employees.--
``(1) Training.--The Chief Intelligence Officer shall
provide to employees of the Department opportunities for
training and education to develop an understanding of--
``(A) the definition of homeland security information; and
``(B) how information available to such employees as part
of their duties--
``(i) might qualify as homeland security information; and
``(ii) might be relevant to the intelligence components of
the Department.
``(2) Evaluations.--The Chief Intelligence Officer 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, sharing information within the Department, as
described in this subtitle, 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 a report regarding any evaluation under
subparagraph (A) to the appropriate component heads.

``SEC. 205. COORDINATION WITH INFORMATION SHARING
ENVIRONMENT.

``All activities to comply with sections 203 and 204 shall
be--
``(1) implemented in coordination 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
``(2) consistent with and support the establishment of that
environment, and any policies, guidelines, procedures,
instructions, or standards established by the President or,
as appropriate, the program manager for the implementation
and management of that environment.''.
(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. Coordination with information sharing environment.''.
(b) Intelligence Component Defined.--
(1) In general.--Section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101) is amended--
(A) by redesignating paragraphs (9) through (16) as
paragraphs (10) through (17), respectively; and
(B) by inserting after paragraph (8) the following:
``(9) The term `intelligence component of the Department'
means any directorate, agency, or other element or entity of
the Department that gathers, receives, analyzes, produces, or
disseminates homeland security information.''.
(2) Technical and conforming amendments.--
(A) Homeland security act of 2002.--Section 501(11) of the
Homeland Security Act of 2002 (6 U.S.C. 311(11)) is amended
by striking ``section 2(10)(B)'' and inserting ``section
2(11)(B)''.
(B) 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))''.
(c) Responsibilities of the Under Secretary for Information
Analysis and 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 consistent
with the functions of the National Counterterrorism Center
established under section 119 of the National Security Act of
1947 (50 U.S.C. 50 U.S.C. 404o),'' after ``and to integrate
such information''; and
(2) by striking paragraph (7), as redesignated by
subsection (a)(2)(A) of this section, and inserting the
following:
``(7) To review, analyze, and make recommendations for
improvements in the policies and procedures governing the
sharing of intelligence information, intelligence-related
information, and other information relating to homeland
security within the Federal Government and among the Federal
Government and State, local, and tribal government agencies
and authorities, 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 by the President or, as
appropriate, the program manager for the implementation and
management of that environment.''.

SEC. 112. INFORMATION SHARING.

Section 1016 of the Intelligence Reform and Terrorist
Prevention Act of 2004 (6 U.S.C. 485) is amended--
(1) in subsection (a)--

[[Page S2383]]

(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 of the Homeland Security Act of 2002 (6 U.S.C.
482).'';
(C) in paragraph (5), as so redesignated--
(i) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively, and adjusting the
margin accordingly;
(ii) by striking `` `terrorism information' means'' and
inserting the following: `` `terrorism information'--
``(A) means'';
(iii) in subparagraph (A)(iv), as so redesignated, by
striking the period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(B) includes homeland security information and weapons of
mass destruction information.''; and
(D) 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 chemical, biological, radiological,
and nuclear weapons) 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;
``(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''
and inserting ``until''; and
(ii) by striking ``The program manager shall have and
exercise governmentwide authority.'' and inserting ``Except
as otherwise expressly provided by law, 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 by all Federal departments,
agencies, and components, irrespective of the Federal
department, agency, or component in which the program manager
may be administratively located.''; 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) 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'' and inserting ``until'';
(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 Improving America's Security 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 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 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 for a particular
purpose that the Federal Government, through an appropriate
process, 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, 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) identifying and resolving information sharing
disputes between Federal departments, agencies, and
components under subsection (f)(2)(A)(iv); and
``(2) other 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.
``(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.''.

SEC. 113. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND
LOCAL GOVERNMENT OFFICIALS.

(a) Curriculum.--The Secretary, acting through the Chief
Intelligence Officer, shall develop curriculum for the
training of State, local, and tribal government officials
relating to the handling, review, and development of
intelligence material.
(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 the training.
(c) Consultation.--In carrying out the duties described in
subsection (a), the Chief Intelligence Officer shall consult
with the Director of the Federal Law Enforcement Training
Center, the Attorney General, the

[[Page S2384]]

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.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 114. 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 Terrorist
Prevention Act of 2004 (6 U.S.C. 485), may consider the
success of an employee in sharing information within the
scope of the information sharing environment established
under that section 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 Terrorist 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 Terrorist
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 engage 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.

Subtitle B--Homeland Security Information Sharing Partnerships

SEC. 121. 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.), as amended by
this Act, is amended by adding at the end the following:

``SEC. 206. STATE, LOCAL, AND REGIONAL FUSION CENTER
INITIATIVE.

``(a) Definitions.--In this section--
``(1) the term `Chief Intelligence Officer' means the Chief
Intelligence Officer of the Department;
``(2) 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;
``(3) 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);
``(4) the term `intelligence analyst' means an individual
who regularly advises, administers, supervises, or performs
work in the collection, 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;
``(5) 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
``(6) the term `terrorism information' has the meaning
given that term in section 1016 of the Intelligence Reform
and Terrorist Prevention Act of 2004 (6 U.S.C. 485).
``(b) Establishment.--The Secretary, in consultation with
the program manager of the information sharing environment
established under section 1016 of the Intelligence Reform and
Terrorist 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 Terrorist
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a
State, Local, and Regional Fusion Center Initiative to
establish partnerships with State, local, and regional fusion
centers.
``(c) Department Support and Coordination.--Through the
State, Local, and Regional Fusion Center Initiative, the
Secretary shall--
``(1) coordinate with the principal officer of each State,
local, or regional fusion center and the officer designated
as the Homeland Security Advisor of the State;
``(2) provide operational and intelligence advice and
assistance to State, local, and regional fusion centers;
``(3) support efforts to include State, local, and regional
fusion centers into efforts to establish an information
sharing environment;
``(4) conduct exercises, including 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;
``(5) coordinate with other relevant Federal entities
engaged in homeland security-related activities;
``(6) provide analytic and reporting advice and assistance
to State, local, and regional fusion centers;
``(7) review homeland security information gathered by
State, local, and regional fusion centers and incorporate
relevant information with homeland security information of
the Department;
``(8) provide management assistance to State, local, and
regional fusion centers;
``(9) serve as a point of contact to ensure the
dissemination of relevant homeland security information;
``(10) facilitate close communication and coordination
between State, local, and regional fusion centers and the
Department;
``(11) provide State, local, and regional fusion centers
with expertise on Department resources and operations;
``(12) provide training to State, local, and regional
fusion centers and encourage such fusion centers to
participate in terrorist threat-related exercises conducted
by the Department; and
``(13) carry out such other duties as the Secretary
determines are appropriate.
``(d) Personnel Assignment.--
``(1) In general.--The Chief Intelligence Officer may, to
the maximum extent practicable, assign officers and
intelligence analysts from components of the Department to
State, local, and regional fusion centers.
``(2) Personnel sources.--Officers and intelligence
analysts assigned to fusion centers under this subsection may
be assigned from the following Department components, in
consultation with the respective component head:
``(A) Office of Intelligence and Analysis, or its
successor.
``(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 intelligence components of the Department, as
determined by the Secretary.
``(3) Participation.--
``(A) In general.--The Secretary may 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 exploit that
data for authorized 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 regulation or ruling);

``(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 partnership
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 Chief
Intelligence Officer.
``(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 Chief
Intelligence Officer 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
emergency response providers from that State, locality, or
region.
``(5) Expedited security clearance processing.--The Chief
Intelligence Officer--
``(A) shall ensure that each officer or intelligence
analyst assigned to a fusion center under this section has
the appropriate clearance to contribute effectively to the
mission of the fusion center; and

[[Page S2385]]

``(B) may request that security clearance processing be
expedited for each such officer or intelligence analyst.
``(6) Further qualifications.--Each officer or intelligence
analyst assigned to a fusion center under this section shall
satisfy any other qualifications the Chief Intelligence
Officer may prescribe.
``(e) 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 Federal homeland
security 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;
``(4) assist in the dissemination of such products, under
the coordination of the Chief Intelligence Officer, to law
enforcement agencies and other emergency response providers
of State, local, and tribal government; and
``(5) assist in the dissemination of such products to the
Chief Intelligence Officer for collection and dissemination
to other fusion centers.
``(f) Database Access.--In order to fulfill the objectives
described under subsection (e), each officer or intelligence
analyst assigned to a fusion center under this section shall
have direct 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 mechanism
for any State, local, or tribal emergency response provider
who is a consumer of the intelligence or other information
products described under subsection (e) to voluntarily
provide feedback to the Department on the quality and utility
of such intelligence products.
``(2) Results.--The results of the voluntary feedback under
paragraph (1) shall be provided electronically to Congress
and appropriate personnel of the Department.
``(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 of the United States, shall establish
guidelines for fusion centers 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 emergency response providers and, as appropriate,
the private sector;
``(3) create a collaborative environment for 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) among Federal, State, tribal, and local 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 to maximize
information sharing;
``(5) develop, publish, and adhere to a privacy and civil
liberties policy consistent with Federal, State, and local
law;
``(6) ensure appropriate security measures are in place for
the facility, data, and personnel;
``(7) select and train personnel based on the needs,
mission, goals, and functions of that fusion center; and
``(8) offer a variety of intelligence services and products
to recipients of fusion center intelligence and information.
``(j) Authorization of Appropriations.--Except for
subsection (i), there are authorized to be appropriated
$10,000,000 for each of fiscal years 2008 through 2012, to
carry out this section, including for hiring officers and
intelligence analysts to replace officers and intelligence
analysts who are assigned to fusion centers under this
section.''.
(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 205, as added by this Act, the following:

``Sec. 206. State, Local, and Regional Information Fusion Center
Initiative.''.
(c) Reports.--
(1) Concept of operations.--Not later than 90 days after
the date of enactment of this Act and before the State,
Local, and Regional Fusion Center Initiative under section
206 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 Terrorist 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 on which the program is implemented, the
Privacy and Civil Liberties Oversight Board established under
section 1061 of the Intelligence Reform and Terrorist
Prevention Act of 2004 (5 U.S.C. 601 note), in consultation
with the Privacy Officer of the Department and the Officer
for Civil Rights and Civil Liberties of the Department, shall
submit to Congress, the Secretary, and the Chief Intelligence
Officer of the Department a report on the privacy and civil
liberties impact of the program.

SEC. 122. 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.), as
amended by this Act, is amended by adding at the end the
following:

``SEC. 207. HOMELAND SECURITY INFORMATION SHARING FELLOWS
PROGRAM.

``(a) Establishment.--
``(1) In general.--The Secretary, acting through the Chief
Intelligence Officer, 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
homeland security information needs;
``(ii) identify homeland security information of interest
to State, local, and tribal law enforcement officers,
emergency response providers, and intelligence analysts; and
``(iii) assist Department analysts in preparing and
disseminating terrorism-related products that are tailored to
State, local, and tribal emergency response providers, law
enforcement officers, and intelligence analysts and designed
to prepare for and thwart terrorist attacks.
``(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 national security
clearance;
``(C) possess a valid need for access to classified
information, as determined by the Chief Intelligence Officer;
``(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 partnership with the Privacy and Civil
Liberties Oversight Board established under section 1061 of
the Intelligence Reform and Terrorist Prevention Act of 2004
(5 U.S.C. 601 note).
``(2) Eligible entities.--In this subsection, the term
`eligible entity' means--

[[Page S2386]]

``(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 Chief Intelligence Officer 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 Chief Intelligence Officer 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.
``(e) Definitions.--In this section--
``(1) the term `Chief Intelligence Officer' means the Chief
Intelligence Officer of the Department; and
``(2) the term `Office of Intelligence and Analysis' means
the office of the Chief Intelligence Officer.''.
(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 206, as added by this Act, the following:

``Sec. 207. 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 207 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 Terrorist 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 and
Civil Liberties Oversight Board established under section
1061 of the Intelligence Reform and Terrorist Prevention Act
of 2004 (5 U.S.C. 601 note), in consultation with the Privacy
Officer of the Department and the Officer for Civil Rights
and Civil Liberties of the Department, shall submit to
Congress, the Secretary, and the Chief Intelligence Officer
of the Department a report on the privacy and civil liberties
impact of the Program.

Subtitle C--Interagency Threat Assessment and Coordination Group

SEC. 131. INTERAGENCY THREAT ASSESSMENT AND COORDINATION
GROUP.

(a) In General.--As part of efforts to establish the
information sharing environment established under section
1016 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 485), the program manager shall oversee and
coordinate the creation and ongoing operation of an
Interagency Threat Assessment and Coordination Group (in this
section referred to as the ``ITACG'').
(b) Responsibilities.--The ITACG shall facilitate the
production of federally coordinated products derived from
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) and intended for distribution to State, local,
and tribal government officials and the private sector.
(c) Operations.--
(1) In general.--The ITACG shall be located at the
facilities of the National Counterterrorism Center of the
Office of the Director of National Intelligence.
(2) Management.--
(A) In general.--The Secretary shall assign a senior level
officer to manage and direct the administration of the ITACG.
(B) Distribution.--The Secretary, in consultation with the
Attorney General and the heads of other agencies, as
appropriate, shall determine how specific products shall be
distributed to State, local, and tribal officials and private
sector partners under this section.
(C) Standards for admission.--The Secretary, acting through
the Chief Intelligence Officer and 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
Terrorist Prevention Act of 2004 (6 U.S.C. 485), shall
establish standards for the admission of law enforcement and
intelligence officials from a State, local, or tribal
government into the ITACG.
(d) Membership.--
(1) In general.--The ITACG shall include representatives
of--
(A) the Department;
(B) the Federal Bureau of Investigation;
(C) the Department of Defense;
(D) the Department of Energy;
(E) law enforcement and intelligence officials from State,
local, and tribal governments, as appropriate; and
(F) other Federal entities as appropriate.
(2) Criteria.--The program manager for the information
sharing environment, in consultation with the Secretary of
Defense, the Secretary, the Director of National
Intelligence, and the Director of the Federal Bureau of
Investigation shall develop qualifying criteria and establish
procedures for selecting personnel assigned to the ITACG and
for the proper handling and safeguarding of information
related to terrorism.
(e) Inapplicability of the Federal Advisory Committee
Act.--The ITACG and any subsidiary groups thereof shall not
be subject to the requirements of the Federal Advisory
Committee Act (5 U.S.C. App.).

TITLE II--HOMELAND SECURITY GRANTS

SEC. 201. SHORT TITLE.

This title may be cited as the ``Homeland Security Grant
Enhancement Act of 2007''.

SEC. 202. 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) Combined statistical area.--The term `combined
statistical area' means a combined statistical area, as
defined by the Office of Management and Budget.
``(3) Directly eligible tribe.--The term `directly eligible
tribe' means--
``(A) any Indian tribe that--
``(i) is located in the continental United States;
``(ii) operates a law enforcement or emergency response
agency with the capacity to respond to calls for law
enforcement or emergency services;
``(iii) is located--

``(I) on, or within 50 miles of, an international border or
a coastline bordering an ocean or international waters;
``(II) within 10 miles of critical infrastructure or has
critical infrastructure within its territory; or

``(III) within or contiguous to 1 of the 50 largest
metropolitan statistical areas in the United States; and

``(iv) certifies to the Secretary that a State is not
making funds distributed under this title available to the
Indian tribe or consortium of Indian tribes for the purpose
for which the Indian tribe or consortium of Indian tribes is
seeking grant funds; and
``(B) a consortium of Indian tribes, if each tribe
satisfies the requirements of subparagraph (A).
``(4) Eligible metropolitan area.--The term `eligible
metropolitan area' means the following:
``(A) In general.--A combination of 2 or more incorporated
municipalities, counties, parishes, or Indian tribes that--
``(i) is within--

``(I) any of the 100 largest metropolitan statistical areas
in the United States; or
``(II) any combined statistical area, of which any
metropolitan statistical area described in subparagraph (A)
is a part; and

``(ii) includes the city with the largest population in
that metropolitan statistical area.
``(B) Other combinations.--Any other combination of
contiguous local or tribal governments that are formally
certified by the Administrator as an eligible metropolitan
area for purposes of this title with the consent of the State
or States in which such local or tribal governments are
located.
``(C) Inclusion of additional local governments.--An
eligible metropolitan area may include additional local or
tribal governments outside the relevant metropolitan
statistical area or combined statistical area that are likely
to be affected by, or be called upon to respond to, a
terrorist attack within the metropolitan statistical area.
``(5) 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)).
``(6) Metropolitan statistical area.--The term
`metropolitan statistical area' means a metropolitan
statistical area, as defined by the Office of Management and
Budget.
``(7) 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.
``(8) 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.

[[Page S2387]]

``(9) Population density.--The term `population density'
means population divided by land area in square miles.
``(10) 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)).
``(11) Tribal government.--The term `tribal government'
means the government of an Indian tribe.

``SEC. 2002. HOMELAND SECURITY GRANT PROGRAM.

``(a) Establishment.--There is established a Homeland
Security Grant Program, which shall consist of--
``(1) the Urban Area Security Initiative established under
section 2003, or any successor thereto;
``(2) the State Homeland Security Grant Program established
under section 2004, or any successor thereto;
``(3) the Emergency Management Performance Grant Program
established under section 2005 or any successor thereto; and
``(4) the Emergency Communications and Interoperability
Grants Program established under section 1809, or any
successor thereto.
``(b) Grants Authorized.--The Secretary, through the
Administrator, may award grants to State, local, and tribal
governments under the Homeland Security Grant Program for the
purposes of this title.
``(c) Programs Not Affected.--This title shall not be
construed to affect any authority to award grants under any
of the following Federal programs:
``(1) The firefighter assistance programs authorized under
section 33 and 34 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
``(2) Except as provided in subsection (d), all grant
programs authorized under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
including the Urban Search and Rescue Grant Program.
``(3) Grants to protect critical infrastructure, including
port security grants authorized under section 70107 of title
46, United States Code.
``(4) The Metropolitan Medical Response System authorized
under section 635 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 723).
``(5) Grant programs other than those administered by the
Department.
``(d) Relationship to Other Laws.--
``(1) In general.--The Homeland Security Grant Program
shall supercede--
``(A) all grant programs authorized under section 1014 of
the USA PATRIOT Act (42 U.S.C. 3714); and
``(B) the Emergency Management Performance Grant authorized
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) and section 662 of
the Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 762).
``(2) Program integrity.--Each grant program described
under paragraphs (1) through (4) of subsection (a) shall
include, consistent with the Improper Payments Information
Act of 2002 (31 U.S.C. 3321 note), policies and procedures
for--
``(A) identifying activities funded under the Homeland
Security Grant Program that are susceptible to significant
improper payments; and
``(B) reporting the incidence of improper payments to the
Department.
``(3) Allocation.--Except as provided under paragraph (2)
of this subsection, the allocation of grants authorized under
this title shall be governed by the terms of this title and
not by any other provision of law.
``(e) Minimum Performance Requirements.--
``(1) In general.--The Administrator shall--
``(A) establish minimum performance requirements for
entities that receive homeland security grants;
``(B) conduct, in coordination with State, regional, local,
and tribal governments receiving grants under the Homeland
Security Grant Program, simulations and exercises to test the
minimum performance requirements established under
subparagraph (A) for--
``(i) emergencies (as that term is defined in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) and major disasters not less
than twice each year; and
``(ii) catastrophic incidents (as that term is defined in
section 501) not less than once each year; and
``(C) ensure that entities that the Administrator
determines are failing to demonstrate minimum performance
requirements established under subparagraph (A) shall remedy
the areas of failure, not later than the end of the second
full fiscal year after the date of such determination by--
``(i) establishing a plan for the achievement of the
minimum performance requirements under subparagraph (A),
including--

``(I) developing intermediate indicators for the 2 fiscal
years following the date of such determination; and
``(II) conducting additional simulations and exercises; and

``(ii) revising an entity's homeland security plan, if
necessary, to achieve the minimum performance requirements
under subparagraph (A).
``(2) Waiver.--At the discretion of the Administrator, the
occurrence of an actual emergency, major disaster, or
catastrophic incident in an area may be deemed as a
simulation under paragraph (1)(B).
``(3) Report to congress.--Not later than the end of the
first full fiscal year after the date of enactment of the
Improving America's Security Act of 2007, and each fiscal
year thereafter, the Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and to the Committee on Homeland Security of the
House of Representatives a report describing--
``(A) the performance of grantees under paragraph (1)(A);
``(B) lessons learned through the simulations and exercises
under paragraph (1)(B); and
``(C) efforts being made to remedy failed performance under
paragraph (1)(C).

``SEC. 2003. URBAN AREA SECURITY INITIATIVE.

``(a) Establishment.--There is established an Urban Area
Security Initiative to provide grants to assist high-risk
metropolitan areas in preventing, preparing for, protecting
against, responding to, and recovering from acts of
terrorism.
``(b) Application.--
``(1) In general.--An eligible metropolitan area may apply
for grants under this section.
``(2) Annual applications.--Applicants for grants under
this section shall apply or reapply on an annual basis for
grants distributed under the program.
``(3) Information.--In an application for a grant under
this section, an eligible metropolitan area shall submit--
``(A) a plan describing the proposed division of
responsibilities and distribution of funding among the local
and tribal governments in the eligible metropolitan area;
``(B) the name of an individual to serve as a metropolitan
area liaison with the Department and among the various
jurisdictions in the metropolitan area; and
``(C) such information in support of the application as the
Administrator may reasonably require.
``(c) State Review and Transmission.--
``(1) In general.--To ensure consistency with State
homeland security plans, an eligible metropolitan area
applying for a grant under this section shall submit its
application to each State within which any part of the
eligible metropolitan area is located for review before
submission of such application to the Department.
``(2) Deadline.--Not later than 30 days after receiving an
application from an eligible metropolitan area under
paragraph (1), each such State shall transmit the application
to the Department.
``(3) State disagreement.--If the Governor of any such
State determines that an application of an eligible
metropolitan area is inconsistent with the State homeland
security plan of that State, or otherwise does not support
the 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 at the time of transmission of the
application.
``(d) Prioritization.--In allocating funds among
metropolitan areas applying for grants under this section,
the Administrator shall consider--
``(1) the relative threat, vulnerability, and consequences
faced by the eligible metropolitan area from a terrorist
attack, including consideration of--
``(A) the population of the eligible metropolitan area,
including appropriate consideration of military, tourist, and
commuter populations;
``(B) the population density of the eligible metropolitan
area;
``(C) the history of threats faced by the eligible
metropolitan area, including--
``(i) whether there has been a prior terrorist attack in
the eligible metropolitan area; and
``(ii) whether any part of the eligible metropolitan area,
or any critical infrastructure or key resource within the
eligible metropolitan area, has ever experienced a higher
threat level under the Homeland Security Advisory System than
other parts of the United States;
``(D) the degree of threat, vulnerability, and consequences
to the eligible metropolitan area related to critical
infrastructure or key resources identified by the Secretary
or the State homeland security plan, including threats,
vulnerabilities, and consequences from critical
infrastructure in nearby jurisdictions;
``(E) whether the eligible metropolitan area is located at
or near an international border;
``(F) whether the eligible metropolitan area has a
coastline bordering ocean or international waters;
``(G) threats, vulnerabilities, and consequences faced by
the eligible metropolitan area related to at-risk sites or
activities in nearby jurisdictions, including the need to
respond to terrorist attacks arising in those jurisdictions;
``(H) the most current threat assessments available to the
Department;
``(I) the extent to which the eligible metropolitan area
has unmet target capabilities;
``(J) the extent to which the eligible metropolitan area
includes--
``(i) all incorporated municipalities, counties, parishes,
and Indian tribes within the relevant metropolitan
statistical area or combined statistical area; and
``(ii) other local governments and tribes that are likely
to be called upon to respond to a terrorist attack within the
eligible metropolitan area; and

[[Page S2388]]

``(K) such other factors as are specified in writing by the
Administrator; and
``(2) the anticipated effectiveness of the proposed
spending plan for the eligible metropolitan area in
increasing the ability of that eligible metropolitan area to
prevent, prepare for, protect against, respond to, and
recover from terrorism, to meet its target capabilities, and
to otherwise reduce the overall risk to the metropolitan
area, the State, and the Nation.
``(e) 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.
``(f) Allowable Uses.--Grants awarded under this section
may be used to achieve target capabilities, consistent with a
State homeland security plan and relevant local and regional
homeland security plans, through--
``(1) developing and enhancing State, local, or regional
plans, risk assessments, or mutual aid agreements;
``(2) purchasing, upgrading, storing, or maintaining
equipment;
``(3) designing, conducting, and evaluating training and
exercises, including exercises of mass evacuation plans under
section 512 and including the payment of overtime and
backfill costs in support of such activities;
``(4) 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, including
payment of overtime and backfill costs;
``(5) establishing, enhancing, and staffing with
appropriately qualified personnel State and local fusion
centers that comply with the guidelines established under
section 206(i);
``(6) protecting critical infrastructure and key resources
identified in the Critical Infrastructure List established
under section 1001 of the Improving America's Security Act of
2007, including the payment of appropriate personnel costs;
``(7) any activity permitted under the Fiscal Year 2007
Program Guidance of the Department for the Urban Area
Security Initiative or the Law Enforcement Terrorism
Prevention Grant Program, including activities permitted
under the full-time counterterrorism staffing pilot; and
``(8) any other activity relating to achieving target
capabilities approved by the Administrator.
``(g) Distribution of Awards to Metropolitan Areas.--
``(1) In general.--If the Administrator approves the
application of an eligible metropolitan area for a grant
under this section, the Administrator shall distribute the
grant funds to the State or States in which the eligible
metropolitan area is located.
``(2) State distribution of funds.--Each State shall
provide the eligible metropolitan area not less than 80
percent of the grant funds. Any funds retained by a State
shall be expended on items or services approved by the
Administrator that benefit the eligible metropolitan area.
``(3) Multistate regions.--If parts of an eligible
metropolitan area awarded a grant are located in 2 or more
States, the Secretary 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 in proportion to each State's
share of the population of the eligible metropolitan area.

``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,
responding to, and recovering from 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) Annual applications.--Applicants for grants under
this section shall apply or reapply on an annual basis for
grants distributed under the program.
``(c) Prioritization.--In allocating funds among States
applying for grants under this section, the Administrator
shall consider--
``(1) the relative threat, vulnerability, and consequences
faced by a State from a terrorist attack, including
consideration of--
``(A) the size of the population of the State, including
appropriate consideration of military, tourist, and commuter
populations;
``(B) the population density of the State;
``(C) the history of threats faced by the State,
including--
``(i) whether there has been a prior terrorist attack in an
urban area that is wholly or partly in the State, or in the
State itself; and
``(ii) whether any part of the State, or any critical
infrastructure or key resource within the State, has ever
experienced a higher threat level under the Homeland Security
Advisory System than other parts of the United States;
``(D) the degree of threat, vulnerability, and consequences
related to critical infrastructure or key resources
identified by the Secretary or the State homeland security
plan;
``(E) whether the State has an international border;
``(F) whether the State has a coastline bordering ocean or
international waters;
``(G) threats, vulnerabilities, and consequences faced by a
State related to at-risk sites or activities in adjacent
States, including the State's need to respond to terrorist
attacks arising in adjacent States;
``(H) the most current threat assessments available to the
Department;
``(I) the extent to which the State has unmet target
capabilities; and
``(J) such other factors as are specified in writing by the
Administrator;
``(2) the anticipated effectiveness of the proposed
spending plan of the State in increasing the ability of the
State to--
``(A) prevent, prepare for, protect against, respond to,
and recover from terrorism;
``(B) meet the target capabilities of the State; and
``(C) otherwise reduce the overall risk to the State and
the Nation; and
``(3) the need to balance the goal of ensuring the target
capabilities of the highest risk areas are achieved quickly
and the goal of ensuring that basic levels of preparedness,
as measured by the attainment of target capabilities, are
achieved nationwide.
``(d) Minimum Allocation.--In allocating funds under
subsection (c), the Administrator shall ensure that, for each
fiscal year--
``(1) except as provided for in paragraph (2), no State
receives less than an amount equal to 0.45 percent of the
total funds appropriated for the State Homeland Security
Grant Program; and
``(2) American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands each receive
not less than 0.08 percent of the amounts appropriated for
the State Homeland Security Grant Program.
``(e) Multistate Partnerships.--
``(1) In general.--Instead of, or in addition to, any
application for funds under subsection (b), 2 or more States
may submit an application under this paragraph for multistate
efforts to prevent, prepare for, protect against, respond to,
or recover from acts of terrorism.
``(2) Grantees.--Multistate grants may be awarded to
either--
``(A) an individual State acting on behalf of a consortium
or partnership of States with the consent of all member
States; or
``(B) a group of States applying as a consortium or
partnership.
``(3) Administration of grant.--If a group of States apply
as a consortium or partnership such States shall submit to
the Secretary 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 various States
and entities that are party to the application.
``(f) Funding for Local and Tribal Governments.--
``(1) In general.--The Administrator shall require that,
not later than 60 days after receiving grant funding, any
State receiving a grant under this section shall make
available to local and tribal governments and emergency
response providers, 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, the
resources purchased with such grant funds having a value
equal to not less than 80 percent of the amount of the grant;
or
``(C) grant funds combined with resources purchased with
the grant funds having a value equal to not less than 80
percent of the amount of the grant.
``(2) 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, and may extend such
period for an additional period, if the Administrator
determines that the resulting delay in providing grant
funding to the local and tribal governments and emergency
response providers is necessary to promote effective
investments to prevent, prepare for, protect against, respond
to, and recover from terrorism, or to meet the target
capabilities of the State.
``(3) Indian tribes.--States shall be responsible for
allocating grant funds received under this section to tribal
governments in order to help those tribal communities achieve
target capabilities. Indian tribes shall be eligible for
funding directly from the States, and shall not be required
to seek funding from any local government.
``(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.
``(g) Grants to Directly Eligible Tribes.--
``(1) In general.--Notwithstanding subsection (b), the
Secretary may award grants to directly eligible tribes under
this section.
``(2) Tribal applications.--A directly eligible tribe may
apply for a grant under this section by submitting an
application to the Administrator that includes the
information required for an application by a State under
subsection (b).
``(3) State review.--

[[Page S2389]]

``(A) In general.--To ensure consistency with State
homeland security plans, a directly eligible tribe applying
for a grant under this section shall submit its application
to each State within which any part of the tribe 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 directly eligible tribe under subparagraph
(A), each such State shall transmit the application to the
Department.
``(C) State disagreement.--If the Governor of any such
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,
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.
``(4) 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 directly eligible tribe. The
funds shall not be distributed to the State or States in
which the directly eligible tribe is located.
``(5) Tribal liaison.--A directly eligible tribe applying
for a grant under this section shall designate a specific
individual to serve as the tribal liaison who shall--
``(A) coordinate with Federal, State, local, regional, and
private officials concerning terrorism preparedness;
``(B) develop a process for receiving input from Federal,
State, local, regional, and private officials to assist in
the development of the application of such tribe and to
improve the access of such tribe to grants; and
``(C) administer, in consultation with State, local,
regional, and private officials, grants awarded to such
tribe.
``(6) Tribes receiving direct grants.--A directly eligible
tribe that receives a grant directly under this section is
eligible to 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, consistent with the homeland
security plan of the State.
``(7) Rule of construction.--Nothing in this section shall
be construed to affect the authority of an Indian tribe that
receives funds under this section.
``(h) 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.
``(i) Allowable Uses.--Grants awarded under this section
may be used to achieve target capabilities, consistent with a
State homeland security plan, through--
``(1) developing and enhancing State, local, tribal, or
regional plans, risk assessments, or mutual aid agreements;
``(2) purchasing, upgrading, storing, or maintaining
equipment;
``(3) designing, conducting, and evaluating training and
exercises, including exercises of mass evacuation plans under
section 512 and including the payment of overtime and
backfill costs in support of such activities;
``(4) responding to an increase in the threat level under
the Homeland Security Advisory System, including payment of
overtime and backfill costs;
``(5) establishing, enhancing, and staffing with
appropriately qualified personnel State and local fusion
centers, that comply with the guidelines established under
section 206(i);
``(6) protecting critical infrastructure and key resources
identified in the Critical Infrastructure List established
under section 1001 of the Improving America's Security Act of
2007, including the payment of appropriate personnel costs;
``(7) any activity permitted under the Fiscal Year 2007
Program Guidance of the Department for the State Homeland
Security Grant Program or the Law Enforcement Terrorism
Prevention Grant Program, including activities permitted
under the full-time counterterrorism staffing pilot; and
``(8) any other activity relating to achieving target
capabilities approved by the Administrator.

``SEC. 2005. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

``(a) Establishment.--There is established an Emergency
Management Performance Grants Program to make grants to
States to assist State, local, and tribal governments in
preventing, preparing for, protecting against, responding to,
recovering from, and mitigating against all hazards,
including natural disasters, acts of terrorism, and other
man-made disasters.
``(b) Application.--
``(1) In general.--Each State may apply for a grant under
this section, and shall submit such information in support of
an application as the Administrator may reasonably require.
``(2) Annual applications.--Applicants for grants under
this section shall apply or reapply on an annual basis for
grants distributed under the program.
``(c) Allocation.--Funds available under the Emergency
Management Performance Grants Program shall be allocated as
follows:
``(1) Baseline amount.--
``(A) In general.--Except as provided in subparagraph (B),
each State shall receive an amount equal to 0.75 percent of
the total funds appropriated for grants under this section.
``(B) Territories.--American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the Virgin Islands each
shall receive an amount equal to 0.25 percent of the amounts
appropriated for grants under this section.
``(2) Per capita allocation.--The funds remaining for
grants under this section after allocation of the baseline
amounts under paragraph (1) shall be allocated to each State
in proportion to its population.
``(d) Allowable Uses.--Grants awarded under this section
may be used to achieve target capabilities, consistent with a
State homeland security plan or a catastrophic incident annex
developed under section 613 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196b) through--
``(1) any activity permitted under the Fiscal Year 2007
Program Guidance of the Department for Emergency Management
Performance Grants; and
``(2) any other activity approved by the Administrator that
will improve the capability of a State, local, or tribal
government in preventing, preparing for, protecting against,
responding to, recovering from, or mitigating against all
hazards, including natural disasters, acts of terrorism, and
other man-made disasters.
``(e) Cost Sharing.--
``(1) In general.--The Federal share of the costs of an
activity carried out with a grant under this section shall
not exceed 75 percent.
``(2) In-kind matching.--Each recipient of a grant under
this section may meet the matching requirement under
paragraph (1) by making in-kind contributions of goods or
services that are directly linked with the purpose for which
the grant is made.
``(f) Local and Tribal Governments.--
``(1) In general.--In allocating grant funds received under
this section, a State shall take into account the needs of
local and tribal governments.
``(2) Indian tribes.--States shall be responsible for
allocating grant funds received under this section to tribal
governments in order to help those tribal communities improve
their capabilities in preventing, preparing for, protecting
against, responding to, recovering from, or mitigating
against all hazards, including natural disasters, acts of
terrorism, and other man-made disasters. Indian tribes shall
be eligible for funding directly from the States, and shall
not be required to seek funding from any local government.

``SEC. 2006. TERRORISM PREVENTION.

``(a) Law Enforcement Terrorism Prevention Program.--
``(1) In general.--The Administrator shall designate not
less than 25 percent of the combined amount appropriated for
grants under sections 2003 and 2004 to be used for law
enforcement terrorism prevention activities.
``(2) Use of funds.--Grants awarded under this subsection
may be used for--
``(A) information sharing to preempt terrorist attacks;
``(B) target hardening to reduce the vulnerability of
selected high value targets;
``(C) threat recognition to recognize the potential or
development of a threat;
``(D) intervention activities to interdict terrorists
before they can execute a threat;
``(E) overtime expenses related to a State homeland
security plan, including overtime costs associated with
providing enhanced law enforcement operations in support of
Federal agencies for increased border security and border
crossing enforcement;
``(F) establishing, enhancing, and staffing with
appropriately qualified personnel State and local fusion
centers that comply with the guidelines established under
section 206(i);
``(G) any other activity permitted under the Fiscal Year
2007 Program Guidance of the Department for the Law
Enforcement Terrorism Prevention Program; and
``(H) any other terrorism prevention activity authorized by
the Administrator.
``(b) Office for the Prevention of Terrorism.--
``(1) Establishment.--There is established in the
Department an Office for the Prevention of Terrorism, which
shall be headed by a Director.
``(2) Director.--
``(A) Reporting.--The Director of the Office for the
Prevention of Terrorism shall report directly to the
Secretary.
``(B) Qualifications.--The Director of the Office for the
Prevention of Terrorism shall have an appropriate background
with experience in law enforcement, intelligence, or other
antiterrorist functions.
``(3) Assignment of personnel.--
``(A) In general.--The Secretary shall assign to the Office
for the Prevention of Terrorism permanent staff and other
appropriate personnel detailed from other components of the
Department to carry out the responsibilities under this
section.
``(B) Liaisons.--The Secretary shall designate senior
employees from each component of the Department that has
significant antiterrorism responsibilities to act as liaisons
between that component and the Office for the Prevention of
Terrorism.
``(4) Responsibilities.--The Director of the Office for the
Prevention of Terrorism shall--

[[Page S2390]]

``(A) coordinate policy and operations between the
Department and State, local, and tribal government agencies
relating to preventing acts of terrorism within the United
States;
``(B) serve as a liaison between State, local, and tribal
law enforcement agencies and the Department;
``(C) in coordination with the Office of Intelligence and
Analysis, develop better methods for the sharing of
intelligence with State, local, and tribal law enforcement
agencies;
``(D) work with the Administrator to ensure that homeland
security grants to State, local, and tribal government
agencies, including grants under this title, the Commercial
Equipment Direct Assistance Program, and grants to support
fusion centers and other law enforcement-oriented programs
are adequately focused on terrorism prevention activities;
and
``(E) coordinate with 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.
``(5) Pilot project.--
``(A) In general.--The Director of the Office for the
Prevention of Terrorism, in coordination with the
Administrator, shall establish a pilot project to determine
the efficacy and feasibility of establishing law enforcement
deployment teams.
``(B) Function.--The law enforcement deployment teams
participating in the pilot program under this paragraph shall
form the basis of a national network of standardized law
enforcement resources to assist State, local, and tribal
governments in responding to natural disasters, acts of
terrorism, or other man-made disaster.
``(6) Construction.--Nothing in this section may be
construed to affect the roles or responsibilities of the
Department of Justice.

``SEC. 2007. RESTRICTIONS ON USE OF FUNDS.

``(a) Limitations on Use.--
``(1) Construction.--
``(A) In general.--Grants awarded under this title 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 grants
awarded under this title to achieve target capabilities
through--

``(I) the construction of facilities described in section
611 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196); or
``(II) the alteration or remodeling of existing buildings
for the purpose of making such buildings secure against
terrorist attacks or able to withstand or protect against
chemical, radiological, or biological attacks.

``(ii) Requirements for exception.--No grant awards may be
used for the purposes under clause (i) unless--

``(I) specifically approved by the Administrator;
``(II) the construction occurs under terms and conditions
consistent with the requirements under section 611(j)(8) of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196(j)(8)); and
``(III) the amount allocated for purposes under clause (i)
does not exceed 20 percent of the grant award.

``(2) Personnel.--
``(A) In general.--For any grant awarded under section 2003
or 2004--
``(i) not more than 25 percent of the amount awarded to a
grant recipient may be used to pay overtime and backfill
costs; and
``(ii) not more than 25 percent of the amount awarded to
the grant recipient may be used to pay personnel costs not
described in clause (i).
``(B) Waiver.--At the request of the recipient of a grant
under section 2003 or section 2004, the Administrator may
grant a waiver of any limitation under subparagraph (A).
``(3) Recreation.--Grants awarded under this title may not
be used for recreational or social purposes.
``(b) Multiple-Purpose Funds.--Nothing in this title 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 capabilities for terrorism preparedness established
by the Administrator.
``(c) Equipment Standards.--If an applicant for a grant
under this title 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.
``(d) Supplement Not Supplant.--Amounts appropriated for
grants under this title shall be used to supplement and not
supplant other State, local, and tribal government public
funds obligated for the purposes provided under this title.

``SEC. 2008. ADMINISTRATION AND COORDINATION.

``(a) Administrator.--The Administrator shall, in
consultation with other appropriate offices within the
Department, have responsibility for administering all
homeland security grant programs administered by the
Department and for ensuring coordination among those programs
and consistency in the guidance issued to recipients across
those programs.
``(b) National Advisory Council.--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
established under section 508 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.
``(c) Regional Coordination.--The Administrator shall
ensure that--
``(1) all recipients of homeland security grants
administered by the Department, as a condition of receiving
those grants, coordinate their prevention, preparedness, and
protection efforts with neighboring State, local, and tribal
governments, as appropriate; and
``(2) all metropolitan areas and other recipients of
homeland security grants administered by the Department that
include or substantially affect parts or all of more than 1
State, coordinate across State boundaries, including, where
appropriate, through the use of regional working groups and
requirements for regional plans, as a condition of receiving
Departmentally administered homeland security grants.
``(d) Planning Committees.--
``(1) In general.--Any State or metropolitan area receiving
grants under this title 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.
``(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 metropolitan areas, including, as
appropriate, representatives of rural, high-population, and
high-threat jurisdictions.
``(e) Interagency Coordination.--The Secretary, through the
Administrator, in coordination with the Attorney General, the
Secretary of Health and Human Services, and other agencies
providing assistance to State, local, and tribal governments
for preventing, preparing for, protecting against, responding
to, and recovering from natural disasters, acts of terrorism,
and other man-made disasters, and not later than 12 months
after the date of enactment of the Improving America's
Security Act of 2007, shall--
``(1) compile a comprehensive list of Federal programs that
provide assistance to State, local, and tribal governments
for preventing, preparing for, and responding to, natural
disasters, acts of terrorism, and other man-made disasters;
``(2) develop a proposal to coordinate, to the greatest
extent practicable, the planning, reporting, application, and
other requirements and guidance for homeland security
assistance programs to--
``(A) eliminate redundant and duplicative requirements,
including onerous application and ongoing reporting
requirements;
``(B) ensure accountability of the programs to the intended
purposes of such programs;
``(C) coordinate allocation of grant funds to avoid
duplicative or inconsistent purchases by the recipients; and
``(D) make the programs more accessible and user friendly
to applicants; and
``(3) submit the information and proposals under paragraphs
(1) and (2) to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives.

``SEC. 2009. ACCOUNTABILITY.

``(a) Reports to Congress.--
``(1) Funding efficacy.--The Administrator shall submit to
Congress, as a component of the annual Federal Preparedness
Report required under section 652 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 752), an
evaluation of the extent to which grants Administered by the
Department, including the grants established by this title--
``(A) have contributed to the progress of State, local, and
tribal governments in achieving target capabilities; and
``(B) have led to the reduction of risk nationally and in
State, local, and tribal jurisdictions.
``(2) Risk assessment.--
``(A) In general.--For each fiscal year, the Administrator
shall provide to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a detailed
and comprehensive explanation of the methodology used to

[[Page S2391]]

calculate risk and compute the allocation of funds under
sections 2003 and 2004 of this title, including--
``(i) all variables included in the risk assessment and the
weights assigned to each;
``(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 methodology 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 under sections 2003 and 2004.
``(b) Reviews and Audits.--
``(1) Department review.--The Administrator shall conduct
periodic reviews of grants made under this title to ensure
that recipients allocate funds consistent with the guidelines
established by the Department.
``(2) Government accountability office.--
``(A) Access to information.--Each recipient of a grant
under this title and the Department shall provide the
Government Accountability Office with full access to
information regarding the activities carried out under this
title.
``(B) Audits and reports.--
``(i) Audit.--Not later than 12 months after the date of
enactment of the Improving America's Security Act of 2007,
and periodically thereafter, the Comptroller General of the
United States shall conduct an audit of the Homeland Security
Grant Program.
``(ii) Report.--The Comptroller General of the United
States shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives on--

``(I) the results of any audit conducted under clause (i),
including an analysis of the purposes for which the grant
funds authorized under this title are being spent; and
``(II) whether the grant recipients have allocated funding
consistent with the State homeland security plan and the
guidelines established by the Department.

``(3) Audit requirement.--Grant recipients that expend
$500,000 or more in grant funds received under this title
during any fiscal year shall submit to the Administrator an
organization-wide financial and compliance audit report in
conformance with the requirements of chapter 75 of title 31,
United States Code.
``(4) Recovery audits.--The Secretary 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 $1,000,000 or greater.
``(c) Remedies for Noncompliance.--
``(1) In general.--If the Administrator finds, after
reasonable notice and an opportunity for a hearing, that a
recipient of a grant under this title has failed to
substantially comply with any provision of this title, or
with any regulations or guidelines of the Department
regarding eligible expenditures, the Administrator shall--
``(A) terminate any payment of grant funds to be made to
the recipient under this title;
``(B) reduce the amount of payment of grant funds to the
recipient by an amount equal to the amount of grants funds
that were not expended by the recipient in accordance with
this title; or
``(C) limit the use of grant funds received under this
title to programs, projects, or activities not affected by
the failure to comply.
``(2) Duration of penalty.--The Administrator shall apply
an appropriate penalty under paragraph (1) until such time as
the Secretary determines that the grant recipient is in full
compliance with this title or with applicable guidelines or
regulations of the Department.
``(3) Direct funding.--If a State fails to substantially
comply with any provision of this title or with applicable
guidelines or regulations of the Department, including
failing to provide local or tribal governments with grant
funds or resources purchased with grant funds in a timely
fashion, a local or tribal government entitled to receive
such grant funds or resources may petition the Administrator,
at such time and in such manner as determined by the
Administrator, to request that grant funds or resources be
provided directly to the local or tribal government.

``SEC. 2010. AUDITING.

``(a) Audit of Grants Under This Title.--
``(1) In general.--Not later than the date described in
paragraph (2), and every 2 years thereafter, the Inspector
General of the Department shall conduct an audit of each
entity that receives a grant under the Urban Area Security
Initiative, the State Homeland Security Grant Program, or the
Emergency Management Performance Grant Program to evaluate
the use of funds under such grant program by such entity.
``(2) Timing.--The date described in this paragraph is the
later of 2 years after--
``(A) the date of enactment of the Improving America's
Security Act of 2007; and
``(B) the date that an entity first receives a grant under
the Urban Area Security Initiative, the State Homeland
Security Grant Program, or the Emergency Management
Performance Grant Program, as the case may be.
``(3) Contents.--Each audit under this subsection shall
evaluate--
``(A) the use of funds under the relevant grant program by
an entity during the 2 full fiscal years before the date of
that audit;
``(B) whether funds under that grant program were used by
that entity as required by law; and
``(C)(i) for each grant under the Urban Area Security
Initiative or the State Homeland Security Grant Program, the
extent to which funds under that grant were used to prepare
for, protect against, respond to, or recover from acts of
terrorism; and
``(ii) for each grant under the Emergency Management
Performance Grant Program, the extent to which funds under
that grant were used to prevent, prepare for, protect
against, respond to, recover from, or mitigate against all
hazards, including natural disasters, acts of terrorism, and
other man-made disasters.
``(4) Public availability on website.--The Inspector
General of the Department shall make each audit under this
subsection available on the website of the Inspector General.
``(5) Reporting.--
``(A) In general.--Not later than 2 years and 60 days after
the date of enactment of the Improving America's Security Act
of 2007, and annually thereafter, the Inspector General of
the Department shall submit to Congress a consolidated report
regarding the audits conducted under this subsection.
``(B) Contents.--Each report submitted under this paragraph
shall describe--
``(i)(I) for the first such report, the audits conducted
under this subsection during the 2-year period beginning on
the date of enactment of the Improving America's Security Act
of 2007; and
``(II) for each subsequent such report, the audits
conducted under this subsection during the fiscal year before
the date of the submission of that report;
``(ii) whether funds under each grant audited during the
period described in clause (i) that is applicable to such
report were used as required by law; and
``(iii)(I) for grants under the Urban Area Security
Initiative or the State Homeland Security Grant Program
audited, the extent to which, during the period described in
clause (i) that is applicable to such report, funds under
such grants were used to prepare for, protect against,
respond to, or recover from acts of terrorism; and
``(II) for grants under the Emergency Management
Performance Grant Program audited, the extent to which funds
under such grants were used during the period described in
clause (i) applicable to such report to prevent, prepare for,
protect against, respond to, recover from, or mitigate
against all hazards, including natural disasters, acts of
terrorism, and other man-made disasters.
``(b) Audit of Other Preparedness Grants.--
``(1) In general.--Not later than the date described in
paragraph (2), the Inspector General of the Department shall
conduct an audit of each entity that receives a grant under
the Urban Area Security Initiative, the State Homeland
Security Grant Program, or the Emergency Management
Performance Grant Program to evaluate the use by that entity
of any grant for preparedness administered by the Department
that was awarded before the date of enactment of the
Improving America's Security Act of 2007.
``(2) Timing.--The date described in this paragraph is the
later of 2 years after--
``(A) the date of enactment of the Improving America's
Security Act of 2007; and
``(B) the date that an entity first receives a grant under
the Urban Area Security Initiative, the State Homeland
Security Grant Program, or the Emergency Management
Performance Grant Program, as the case may be.
``(3) Contents.--Each audit under this subsection shall
evaluate--
``(A) the use of funds by an entity under any grant for
preparedness administered by the Department that was awarded
before the date of enactment of the Improving America's
Security Act of 2007;
``(B) whether funds under each such grant program were used
by that entity as required by law; and
``(C) the extent to which such funds were used to enhance
preparedness.
``(4) Public availability on website.--The Inspector
General of the Department shall make each audit under this
subsection available on the website of the Inspector General.
``(5) Reporting.--
``(A) In general.--Not later than 2 years and 60 days after
the date of enactment of the Improving America's Security Act
of 2007, and annually thereafter, the Inspector General of
the Department shall submit to Congress a consolidated report
regarding the audits conducted under this subsection.
``(B) Contents.--Each report submitted under this paragraph
shall describe--
``(i)(I) for the first such report, the audits conducted
under this subsection during the 2-year period beginning on
the date of enactment of the Improving America's Security Act
of 2007; and
``(II) for each subsequent such report, the audits
conducted under this subsection during the fiscal year before
the date of the submission of that report;

[[Page S2392]]

``(ii) whether funds under each grant audited were used as
required by law; and
``(iii) the extent to which funds under each grant audited
were used to enhance preparedness.
``(c) Funding for Audits.--
``(1) In general.--The Administrator shall withhold 1
percent of the total amount of each grant under the Urban
Area Security Initiative, the State Homeland Security Grant
Program, and the Emergency Management Performance Grant
Program for audits under this section.
``(2) Availability of funds.--The Administrator shall make
amounts withheld under this subsection available as follows:
``(A) Amounts withheld from grants under the Urban Area
Security Initiative shall be made available for audits under
this section of entities receiving grants under the Urban
Area Security Initiative.
``(B) Amounts withheld from grants under the State Homeland
Security Grant Program shall be made available for audits
under this section of entities receiving grants under the
State Homeland Security Grant Program.
``(C) Amounts withheld from grants under the Emergency
Management Performance Grant Program shall be made available
for audits under this section of entities receiving grants
under the Emergency Management Performance Grant Program.

``SEC. 2011. AUTHORIZATION OF APPROPRIATIONS.

``(a) Grants.--
``(1) In general.--There is authorized to be appropriated
for the Homeland Security Grant Program established under
section 2002 of this title for each of fiscal years 2008,
2009, and 2010, $3,105,000,000, to be allocated as follows:
``(A) For grants under the Urban Area Security Initiative
under section 2003, $1,278,639,000.
``(B) For grants under the State Homeland Security Grant
Program established under section 2004, $913,180,500.
``(C) For grants under the Emergency Management Performance
Grant Program established under section 2005, $913,180,500.
``(2) Subsequent years.--There is authorized to be
appropriated for the Homeland Security Grant Program
established under section 2002 of this title such sums as are
necessary for fiscal year 2011 and each fiscal year
thereafter.
``(b) Proportionate Allocation.--Regardless of the amount
appropriated for the Homeland Security Grant Program in any
fiscal year, the appropriated amount shall, in each fiscal
year, be allocated among the grant programs under sections
2003, 2004, and 2005 in direct proportion to the amounts
allocated under paragraph (a)(1) of this section.''.

SEC. 203. 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''; and
(4) in section 1906, as so redesignated, by striking
``section 1802(a)'' each place that term appears and
inserting ``section 1902(a)''.
(b) Table of Contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note)
is amended 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.
``Sec. 2002. Homeland Security Grant Program.
``Sec. 2003. Urban Area Security Initiative.
``Sec. 2004. State Homeland Security Grant Program.
``Sec. 2005. Emergency Management Performance Grants Program.
``Sec. 2006. Terrorism prevention.
``Sec. 2007. Restrictions on use of funds.
``Sec. 2008. Administration and coordination.
``Sec. 2009. Accountability.
``Sec. 2010. Auditing.
``Sec. 2011. Authorization of appropriations.''.

TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

SEC. 301. DEDICATED FUNDING TO ACHIEVE EMERGENCY
COMMUNICATIONS OPERABILITY AND INTEROPERABLE
COMMUNICATIONS.

(a) Emergency Communications Operability and Interoperable
Communications.--
(1) In general.--Title XVIII of the Homeland Security Act
of 2002 (6 U.S.C. 571 et seq.) (relating to emergency
communications) is amended by adding at the end the
following:

``SEC. 1809. EMERGENCY COMMUNICATIONS OPERABILITY AND
INTEROPERABLE COMMUNICATIONS GRANTS.

``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.
``(2) Emergency communications operability.--The term
`emergency communications operability' means the ability to
provide and maintain, throughout an emergency response
operation, a continuous flow of information among emergency
response providers, agencies, and government officers from
multiple disciplines and jurisdictions and at all levels of
government, in the event of a natural disaster, act of
terrorism, or other man-made disaster, including where there
has been significant damage to, or destruction of, critical
infrastructure, including substantial loss of ordinary
telecommunications infrastructure and sustained loss of
electricity.
``(b) In General.--The Administrator shall make grants to
States for initiatives necessary to achieve, maintain, or
enhance Statewide, regional, national and, as appropriate,
international emergency communications operability and
interoperable communications.
``(c) Statewide Interoperable Communications Plans.--
``(1) Submission of plans.--The Administrator shall require
any State applying for a grant under this section to submit a
Statewide Interoperable Communications Plan as described
under section 7303(f) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).
``(2) Coordination and consultation.--The Statewide plan
submitted under paragraph (1) shall be developed--
``(A) in coordination with local and tribal governments,
emergency response providers, and other relevant State
officers; and
``(B) in consultation with and subject to appropriate
comment by the applicable Regional Emergency Communications
Coordination Working Group as described under section 1805.
``(3) Approval.--The Administrator may not award a grant to
a State unless the Administrator, in consultation with the
Director for Emergency Communications, has approved the
applicable Statewide plan.
``(4) Revisions.--A State may revise the applicable
Statewide plan approved by the Administrator under this
subsection, subject to approval of the revision by the
Administrator.
``(d) Consistency.--The Administrator shall ensure that
each grant is used to supplement and support, in a consistent
and coordinated manner, any applicable State, regional, or
urban area homeland security plan.
``(e) Use of Grant Funds.--Grants awarded under subsection
(b) may be used for initiatives to achieve, maintain, or
enhance emergency communications operability and
interoperable communications, including--
``(1) Statewide or regional communications planning,
including governance related activities;
``(2) system design and engineering;
``(3) system procurement and installation;
``(4) exercises;
``(5) modeling and simulation exercises for operational
command and control functions;
``(6) technical assistance;
``(7) training; and
``(8) other appropriate activities determined by the
Administrator to be integral to achieve, maintain, or enhance
emergency communications operability and interoperable
communications.
``(f) Application.--
``(1) In general.--A State desiring a grant under this
section shall submit an application at such time, in such
manner, and accompanied by such information as the
Administrator may reasonably require.
``(2) Minimum contents.--At a minimum, each application
submitted under paragraph (1) shall--
``(A) identify the critical aspects of the communications
life cycle, including planning, system design and
engineering, procurement and installation, and training for
which funding is requested;
``(B) describe how--
``(i) the proposed use of funds--

``(I) would be consistent with and address the goals in any
applicable State, regional, or urban homeland security plan;
and
``(II) unless the Administrator determines otherwise, are--

``(aa) consistent with the National Emergency
Communications Plan under section 1802; and
``(bb) compatible with the national infrastructure and
national voluntary consensus standards;
``(ii) the applicant intends to spend funds under the
grant, to administer such funds, and to allocate such funds
among participating local and tribal governments and
emergency response providers;
``(iii) the State plans to allocate the grant funds on the
basis of risk and effectiveness to regions, local and tribal
governments to promote meaningful investments for achieving,
maintaining, or enhancing emergency communications
operability and interoperable communications;
``(iv) the State intends to address the emergency
communications operability and interoperable communications
needs at the city, county, regional, State, and interstate
level; and

[[Page S2393]]

``(v) the State plans to emphasize regional planning and
cooperation, both within the jurisdictional borders of that
State and with neighboring States;
``(C) be consistent with the 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)); and
``(D) include a capital budget and timeline showing how the
State intends to allocate and expend the grant funds.
``(g) Award of Grants.--
``(1) Considerations.--In approving applications and
awarding grants under this section, the Administrator shall
consider--
``(A) the nature of the threat to the State from a natural
disaster, act of terrorism, or other man-made disaster;
``(B) the location, risk, or vulnerability of critical
infrastructure and key national assets, including the
consequences from damage to critical infrastructure in nearby
jurisdictions as a result of natural disasters, acts of
terrorism, or other man-made disasters;
``(C) the size of the population of the State, including
appropriate consideration of military, tourist, and commuter
populations;
``(D) the population density of the State;
``(E) the extent to which grants will be utilized to
implement emergency communications operability and
interoperable communications solutions--
``(i) consistent with the National Emergency Communications
Plan under section 1802 and compatible with the national
infrastructure and national voluntary consensus standards;
and
``(ii) more efficient and cost effective than current
approaches;
``(F) the extent to which a grant would expedite the
achievement, maintenance, or enhancement of emergency
communications operability and interoperable communications
in the State with Federal, State, local, and tribal
governments;
``(G) the extent to which a State, given its financial
capability, demonstrates its commitment to achieve, maintain,
or enhance emergency communications operability and
interoperable communications by supplementing Federal funds
with non-Federal funds;
``(H) whether the State is on or near an international
border;
``(I) whether the State encompasses an economically
significant border crossing;
``(J) whether the State has a coastline bordering an ocean,
a major waterway used for interstate commerce, or
international waters;
``(K) the extent to which geographic barriers pose unusual
obstacles to achieving, maintaining, or enhancing emergency
communications operability or interoperable communications;
``(L) the threats, vulnerabilities, and consequences faced
by the State related to at-risk sites or activities in nearby
jurisdictions, including the need to respond to natural
disasters, acts of terrorism, and other man-made disasters
arising in those jurisdictions;
``(M) the need to achieve, maintain, or enhance nationwide
emergency communications operability and interoperable
communications, consistent with the National Emergency
Communications Plan under section 1802;
``(N) whether the activity for which a grant is requested
is being funded under another Federal or State emergency
communications grant program; and
``(O) such other factors as are specified by the
Administrator in writing.
``(2) Review panel.--
``(A) In general.--The Secretary shall establish a review
panel under section 871(a) to assist in reviewing grant
applications under this section.
``(B) Recommendations.--The review panel established under
subparagraph (A) shall make recommendations to the
Administrator regarding applications for grants under this
section.
``(C) Membership.--The review panel established under
subparagraph (A) shall include--
``(i) individuals with technical expertise in emergency
communications operability and interoperable communications;
``(ii) emergency response providers; and
``(iii) other relevant State and local officers.
``(3) Minimum grant amounts.--The Administrator shall
ensure that for each fiscal year--
``(A) no State receives less than an amount equal to 0.75
percent of the total funds appropriated for grants under this
section; and
``(B) American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands each receive no
less than 0.25 percent of the amounts appropriated for grants
under this section.
``(4) Availability of funds.--Any grant funds awarded that
may be used to support emergency communications operability
or interoperable communications shall, as the Administrator
may determine, remain available for up to 3 years, consistent
with section 7303(e) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(e)).
``(h) State Responsibilities.--
``(1) Pass-through of funds to local and tribal
governments.--The Administrator shall determine a date by
which a State that receives a grant shall obligate or
otherwise make available to local and tribal governments and
emergency response providers--
``(A) not less than 80 percent of the funds of the amount
of the grant;
``(B) resources purchased with the grant funds having a
value equal to not less than 80 percent of the total amount
of the grant; or
``(C) grant funds combined with resources purchased with
the grant funds having a value equal to not less than 80
percent of the total amount of the grant.
``(2) Certifications regarding distribution of grant funds
to local and tribal governments.--Any State that receives a
grant shall certify to the Administrator, by not later than
30 days after the date described under paragraph (1) with
respect to the grant, that the State has made available for
expenditure by local or tribal governments and emergency
response providers the required amount of grant funds under
paragraph (1).
``(3) Report on grant spending.--
``(A) In general.--Any State that receives a grant shall
submit a spending report to the Administrator at such time,
in such manner, and accompanied by such information as the
Administrator may reasonably require.
``(B) Minimum contents.--At a minimum, each report under
this paragraph shall include--
``(i) the amount, ultimate recipients, and dates of receipt
of all funds received under the grant;
``(ii) the amount and the dates of disbursements of all
such funds expended in compliance with paragraph (1) or under
mutual aid agreements or other intrastate and interstate
sharing arrangements, as applicable;
``(iii) how the funds were used by each ultimate recipient
or beneficiary;
``(iv) the extent to which emergency communications
operability and interoperable communications identified in
the applicable Statewide plan and application have been
achieved, maintained, or enhanced as the result of the
expenditure of grant funds; and
``(v) the extent to which emergency communications
operability and interoperable communications identified in
the applicable Statewide plan and application remain unmet.
``(C) Public availability on website.--The Administrator
shall make each report submitted under subparagraph (A)
publicly available on the website of the Federal Emergency
Management Agency. The Administrator may redact such
information from the reports as the Administrator determines
necessary to protect national security.
``(4) Penalties for reporting delay.--If a State fails to
provide the information required by the Administrator under
paragraph (3), the Administrator may--
``(A) reduce grant payments to the State from the portion
of grant funds that are not required to be passed through
under paragraph (1);
``(B) terminate payment of funds under the grant to the
State, and transfer the appropriate portion of those funds
directly to local and tribal governments and emergency
response providers that were intended to receive funding
under that grant; or
``(C) impose additional restrictions or burdens on the use
of funds by the State under the grant, which may include--
``(i) prohibiting use of such funds to pay the grant-
related expenses of the State; or
``(ii) requiring the State to distribute to local and
tribal government and emergency response providers all or a
portion of grant funds that are not required to be passed
through under paragraph (1).
``(i) Prohibited Uses.--Grants awarded under this section
may not be used for recreational or social purposes.
``(j) Authorization of Appropriations.--There are
authorized to be appropriated for grants under this section--
``(1) $400,000,000 for fiscal year 2008;
``(2) $500,000,000 for fiscal year 2009;
``(3) $600,000,000 for fiscal year 2010;
``(4) $800,000,000 for fiscal year 2011;
``(5) $1,000,000,000 for fiscal year 2012; and
``(6) such sums as necessary for each fiscal year
thereafter.''.
(2) Technical and conforming amendment.--The table of
contents under section 1(b) of the Homeland Security Act of
2002 (6 U.S.C. 101) is amended by inserting after the item
relating to section 1808 the following:

``Sec. 1809. Emergency communications operability and interoperable
communications grants.''
(b) 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, such as 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,
multi-disciplinary input was provided from all regions of the
jurisdiction and the process for continuing to incorporate
such input.''; and
(2) in subsection (g)(1), by striking ``or video'' and
inserting ``and video''.
(c) 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;

[[Page S2394]]

(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; 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, emergency response
providers, and the private sector will achieve 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.--
(1) Establishment.--There is established in the Department
an International Border Community Interoperable
Communications Demonstration Project (referred to in this
section as ``demonstration project'').
(2) Minimum number of communities.--The Secretary 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) Program Requirements.--The demonstration projects
shall--
(1) address the interoperable communications needs of
emergency response providers and the National Guard;
(2) foster interoperable emergency communications systems--
(A) among Federal, State, local, and tribal government
agencies in the United States involved in preventing or
responding to a natural disaster, act of terrorism, or other
man-made disaster; and
(B) with similar agencies in Canada or Mexico;
(3) identify common international cross-border frequencies
for communications equipment, including radio or computer
messaging equipment;
(4) foster the standardization of interoperable emergency
communications equipment;
(5) identify solutions that will facilitate interoperable
communications across national borders expeditiously;
(6) ensure that emergency response providers can
communicate with each other and the public at disaster sites;
(7) provide training and equipment to enable emergency
response providers to deal with threats and contingencies in
a variety of environments; and
(8) identify and secure appropriate joint-use equipment to
ensure communications access.
(c) Distribution of Funds.--
(1) In general.--The Secretary shall distribute funds under
this section to each community participating in a
demonstration project through the State, or States, in which
each community is located.
(2) Other participants.--Not later than 60 days after
receiving funds under paragraph (1), a State shall make the
funds available to the local and tribal governments and
emergency response providers selected by the Secretary to
participate in a demonstration project.
(d) Reporting.--
(1) In general.--Not later than December 31, 2007, and each
year thereafter in which funds are appropriated for a
demonstration project, 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 demonstration
projects.
(2) Contents.--Each report under this subsection shall
contain the following:
(A) The name and location of all communities involved in
the demonstration project.
(B) The amount of funding provided to each State for the
demonstration project.
(C) An evaluation of the usefulness of the demonstration
project towards developing an effective interoperable
communications system at the borders.
(D) The factors that were used in determining how to
distribute the funds in a risk-based manner.
(E) The specific risks inherent to a border community that
make interoperable communications more difficult than in non-
border communities.
(F) The optimal ways to prioritize funding for
interoperable communication systems based upon risk.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary in each of
fiscal years 2007, 2008, and 2009 to carry out this section.

TITLE IV--ENHANCING SECURITY OF INTERNATIONAL TRAVEL

SEC. 401. MODERNIZATION OF THE VISA WAIVER PROGRAM.

(a) Short Title.--This section may be cited as the ``Secure
Travel and Counterterrorism Partnership Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should modernize the visa waiver
program by simultaneously--
(A) enhancing program security requirements; and
(B) extending visa-free travel privileges to nationals of
foreign countries that are allies in the war on terrorism;
and
(2) the expansion 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:
``(8) Nonimmigrant visa refusal rate flexibility.--
``(A) Certification.--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 that exit through
airports of the United States, the Secretary of Homeland
Security shall certify to Congress that such air exit system
is in place.
``(B) Waiver.--After certification by the Secretary under
subparagraph (A), the Secretary of Homeland Security, 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 visa
refusal rates for aliens from the country and conditions
exist to continue such reduction; and
``(iv) the country cooperated with the Government of the
United States on counterterrorism initiatives and information
sharing before the date of its designation as a program
country, and the Secretary of Homeland Security and the
Secretary of State expect such cooperation will continue.
``(9) Discretionary security-related considerations.--
``(A) In general.--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--
``(i) airport security standards in the country;
``(ii) whether the country assists in the operation of an
effective air marshal program;
``(iii) the standards of passports and travel documents
issued by the country; and
``(iv) other security-related factors.
``(B) Overstay rates.--In determining whether to permit a
country to participate in the program, the Secretary of
Homeland Security shall consider the estimated rate at which
nationals of the country violate the terms of their visas by
remaining in the United States after the expiration of such
visas.''.
(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)--
(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:
``(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,
electronically provide basic biographical information to the
system. 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), as amended by subsection (c) of this
section--
(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, 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:

``(E) Repatriation of aliens.--The government of a country
accepts for repatriation any citizen, former citizen, or
national against whom a final executable order of removal is
issued not later than 3 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 nationals of that
country traveling to the United States represent a threat to
the security or

[[Page S2395]]

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), by striking the period at the end
and inserting ``; and''; and
(cc) by adding at the end the following:

``(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) by adding at the end the following:
``(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.'';
(C) in subsection (f)(5), by striking ``of blank'' and
inserting ``or loss of''; and
(D) in subsection (h), by adding at the end the following:
``(3) Electronic travel authorization system.--
``(A) System.--The Secretary of Homeland Security, in
consultation with the Secretary of State, is authorized to
develop and implement a fully automated electronic travel
authorization system (referred to in this paragraph as the
`System') to collect such basic biographical information as
the Secretary of Homeland Security determines to be necessary
to determine, in advance of travel, the eligibility of an
alien to travel to the United States under the program.
``(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 3 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 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) 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 and Governmental
Affairs of the Senate;
``(ii) the Committee on the Judiciary of the Senate;
``(iii) the Select Committee on Intelligence of the Senate;
``(iv) the Committee on Appropriations of the Senate;
``(v) the Committee on Homeland Security of the House of
Representatives;
``(vi) the Committee on the Judiciary of the House of
Representatives;
``(vii) the Permanent Select Committee on Intelligence of
the House of Representatives; and
``(viii) the Committee on Appropriations of the House of
Representatives.''.
(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 which 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) Exit System.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, 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
section 217 of the Immigration and Nationality Act (8 U.S.C.
1187).
(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 individuals have departed
the United States.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
Congress 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 will improve the
manner of calculating the rates of nonimmigrants who violate
the terms of their visas by remaining in the United States
after the expiration of such visas.
(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. 402. 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) The Office of Intelligence and Analysis.
``(B) The Transportation Security Administration.
``(C) The United States Citizenship and Immigration
Services.
``(D) The United States Customs and Border Protection.
``(E) The United States Coast Guard.
``(F) The United States Immigration and Customs
Enforcement.
``(G) The Central Intelligence Agency.
``(H) The Department of Defense.
``(I) The Department of the Treasury.
``(J) The National Counterterrorism Center.
``(K) The National Security Agency.
``(L) The Department of Justice.
``(M) The Department of State.
``(N) 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 set out under paragraph (1),
shall ensure that the detailees provided to the Center under
paragraph (1) include an adequate number of personnel with
experience in the area of--
``(A) consular affairs;
``(B) counterterrorism;
``(C) criminal law enforcement;
``(D) intelligence analysis;
``(E) prevention and detection of document fraud;
``(F) border inspection; or
``(G) immigration enforcement.
``(3) Reimbursement for detailees.--To the extent that
funds are available for such purpose, the Secretary of
Homeland Security shall provide reimbursement to each agency
or department that provides a detailee to the Center, in such
amount or proportion as is appropriate for costs associated
with the provision of such detailee, including costs for
travel by, and benefits provided to, such detailee.
``(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 (8
U.S.C. 1777), as redesignated by subsection (a)(2), is
amended--
(1) in the heading, by striking ``Report'' and inserting
``Initial report'';
(2) by redesignating such subsection (g) as paragraph (1);
(3) by indenting such paragraph, as so designated, four ems
from the left margin;
(4) by inserting before such paragraph, as so designated,
the following:
``(g) Report.--''; and
(5) by inserting after such paragraph, as so designated,
the following new paragraph:
``(2) Follow-up report.--Not later than 180 days after the
date of enactment of the Improving America's Security 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 staff provided to the Center by each such agency
or department;
``(D) the type of information and reports being
disseminated by the Center; and
``(E) any efforts by the Center to create a centralized
Federal Government database to store information related to
illicit 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.''.

[[Page S2396]]

(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out section 7202
of the Intelligence Reform and Terrorism Prevention Act of
2004 (8 U.S.C. 1777), as amended by this section, $20,000,000
for fiscal year 2008.

SEC. 403. 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 enactment of the Improving America's
Security 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) the United States Customs and Border Protection;
``(ii) the United States Immigration and Customs
Enforcement;
``(iii) the 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
enactment of the Improving America's Security 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. 404. 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:
``(viii) the signing of a memorandum of agreement to
initiate a pilot program with not less than 1 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, 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
at the land and sea ports of entry.''; and
(2) by adding at the end the following:
``(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 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 scan 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. 405. WESTERN HEMISPHERE TRAVEL INITIATIVE.

Before publishing a final rule in the Federal Register, the
Secretary shall conduct--
(1) a complete cost-benefit analysis of the Western
Hemisphere Travel Initiative, authorized under section 7209
of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 8 U.S.C. 1185 note); and
(2) a study of the mechanisms by which the execution fee
for a PASS Card could be reduced, considering the potential
increase in the number of applications.

TITLE V--PRIVACY AND CIVIL LIBERTIES MATTERS

SEC. 501. 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 (title I of
Public Law 108-458; 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 within the
Executive Office of the President 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.
``(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 to ensure that privacy and civil liberties are
protected;
``(B) the information sharing practices of the departments,
agencies, and elements of the executive branch 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 related 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) review and assess 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.

[[Page S2397]]

``(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 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,
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;
``(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.
``(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;
``(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; and
``(C) the members first appointed under this subsection
after the date of enactment of the Improving America's
Security Act of 2007 shall serve terms of two, three, four,
five, and six years, respectively, with the term of each such
member to be designated by the President.
``(5) Quorum and meetings.--After its initial meeting, 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.--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.
``(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 fiscal year
thereafter, such sums as may be necessary.''.
(b) Continuation of Service of Current Members of Privacy
and Civil Liberties

[[Page S2398]]

Board.--The members of the Privacy and Civil Liberties
Oversight Board as of the date of enactment of this Act may
continue to serve as members of that Board after that date,
and to carry out the functions and exercise the powers of
that Board as specified in section 1061 of the National
Security Intelligence Reform Act of 2004 (as amended by
subsection (a)), until--
(1) in the case of any individual serving as a member of
the Board under an appointment by the President, by and with
the advice and consent of the Senate, the expiration of a
term designated by the President under section 1061(h)(4)(C)
of such Act (as so amended);
(2) in the case of any individual serving as a member of
the Board other than under an appointment by the President,
by and with the advice and consent of the Senate, the
confirmation or rejection by the Senate of that member's
nomination to the Board under such section 1061 (as so
amended), except that no such individual may serve as a
member under this paragraph--
(A) for more than 60 days when Congress is in session
unless a nomination of that individual to be a member of the
Board has been submitted to the Senate; or
(B) after the adjournment sine die of the session of the
Senate in which such nomination is submitted; or
(3) the appointment of members of the Board under such
section 1061 (as so amended), except that no member may serve
under this paragraph--
(A) for more than 60 days when Congress is in session
unless a nomination to fill the position on the Board shall
have been submitted to the Senate; or
(B) after the adjournment sine die of the session of the
Senate in which such nomination is submitted.

SEC. 502. 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--
``(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. 503. 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 that are necessary or desirable as determined by
that senior official;
``(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

[[Page S2399]]

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) 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--
``(A) promptly submit a written notification of the removal
or transfer to Houses of Congress; and
``(B) include in any such notification the reasons for the
removal or transfer.
``(d) 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. 504. 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 query,
search, or other analysis 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 query, search, or other
analysis to discover or locate a predictive pattern or
anomaly indicative of terrorist or criminal activity on the
part of any individual or individuals; and
(B) the query, search, or other analysis does 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.
(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.
(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 made available to the public, except for a
classified annex described paragraph (2)(H).
(2) Content of report.--Each report submitted under
paragraph (1) 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 with 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 technology for data mining in
order to--
(i) protect the privacy and due process rights of
individuals, such as redress procedures; and
(ii) ensure that only accurate information is collected,
reviewed, gathered, analyzed, or used.
(H) Any necessary classified information in an annex that
shall be available, as appropriate, to the Committee on
Homeland Security and Governmental Affairs, the Committee on
the Judiciary, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate and the Committee
on Homeland Security, the Committee on the Judiciary, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
(3) Time for report.--Each report required under paragraph
(1) 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
paragraph (1).

TITLE VI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

SEC. 601. 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) Definitions.--In this section--
``(1) the term `biological event of national significance'
means--
``(A) an act of terrorism that uses a biological agent,
toxin, or other product derived from a biological agent; or
``(B) a naturally-occurring outbreak of an infectious
disease that may result in a national epidemic;
``(2) the term `Member Agencies' means the departments and
agencies described in subsection (d)(1);
``(3) the term `NBIC' means the National Biosurveillance
Integration Center established under subsection (b);
``(4) the term `NBIS' means the National Biosurveillance
Integration System established under subsection (b); and
``(5) the term `Privacy Officer' means the Privacy Officer
appointed under section 222.
``(b) Establishment.--The Secretary shall establish,
operate, and maintain a National Biosurveillance Integration
Center, headed by a Directing Officer, under an existing
office or directorate of the Department, subject to the
availability of appropriations, to oversee development and
operation of the National Biosurveillance Integration System.
``(c) Primary Mission.--The primary mission of the NBIC is
to enhance the capability of the Federal Government to--
``(1) rapidly identify, characterize, localize, and track a
biological event of national significance by integrating and
analyzing data from human health, animal, plant, food, and
environmental monitoring systems (both national and
international); and
``(2) disseminate alerts and other information regarding
such data analysis to Member Agencies and, in consultation
with relevant 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 significance.
``(d) Requirements.--The NBIC shall design the NBIS to
detect, as early as possible, a biological event of national
significance that presents a risk to the United States or the
infrastructure or key assets of the United States,
including--
``(1) if a Federal department or agency, at the discretion
of the head of that department or agency, has entered a
memorandum of understanding regarding participation in the
NBIC, consolidating data from all relevant surveillance
systems maintained by that department or agency to detect
biological events of national significance 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
significance 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 relevant Member Agencies and, in
consultation with relevant Member Agencies, public health
agencies of State, local, and tribal governments regarding
any incident that could develop into a biological event of
national significance.
``(e) Responsibilities of the Secretary.--
``(1) In general.--The Secretary shall--
``(A) ensure that the NBIC is fully operational not later
than September 30, 2008;
``(B) not later than 180 days after the date of enactment
of this section and on the date that the NBIC is fully
operational, submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of

[[Page S2400]]

the House of Representatives on the progress of making the
NBIC operational addressing the efforts of the NBIC to
integrate surveillance efforts of Federal, State, local, and
tribal governments.
``(f) Responsibilities of the Directing Officer of the
NBIC.--
``(1) In general.--The Directing Officer of the NBIC
shall--
``(A) establish an entity to perform all operations and
assessments related to the NBIS;
``(B) on an ongoing basis, monitor the availability and
appropriateness of contributing surveillance systems and
solicit new surveillance systems that would enhance
biological situational awareness or overall performance of
the NBIS;
``(C) on an ongoing basis, review and seek to improve the
statistical and other analytical methods utilized by the
NBIS;
``(D) receive and consider other relevant homeland security
information, as appropriate; and
``(E) 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 NBIS.
``(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 significance; and
``(B) integrate homeland security information with NBIS
data to provide overall situational awareness and determine
whether a biological event of national significance 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, to be known as the Biological
Common Operating Picture;
``(ii) in the event that a biological event of national
significance is detected, notify the Secretary and
disseminate results of NBIS assessments related to that
biological event of national significance to appropriate
Federal response entities and, in consultation with relevant
member agencies, regional, State, local, and tribal
governmental response entities in a timely manner;
``(iii) provide any report on NBIS assessments to Member
Agencies and, in consultation 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 significance; and
``(iv) share NBIS 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 by the
President or the program manager for the implementation and
management of that environment.
``(B) Coordination.--The Directing Officer of the NBIC
shall implement the activities described in subparagraph (A)
in coordination with the program manager for the information
sharing environment of the Office of the Director of National
Intelligence, the Under Secretary for Intelligence and
Analysis, and other offices or agencies of the Federal
Government, as appropriate.
``(g) Responsibilities of the Nbic Member Agencies.--
``(1) In general.--Each Member Agency shall--
``(A) use its best efforts to integrate biosurveillance
information into the NBIS, with the goal of promoting
information sharing between Federal, State, local, and tribal
governments to detect biological events of national
significance;
``(B) participate in the formation and maintenance of the
Biological Common Operating Picture to facilitate timely and
accurate detection and reporting;
``(C) connect the biosurveillance data systems of that
Member Agency to the NBIC data system under mutually-agreed
protocols that maintain patient confidentiality and privacy;
``(D) participate in the formation of strategy and policy
for the operation of the NBIC and its information sharing;
and
``(E) 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.
``(h) Administrative Authorities.--
``(1) Hiring of experts.--The Directing Officer of the NBIC
shall hire individuals with the necessary expertise to
develop and operate the NBIS.
``(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.
``(i) Joint Biosurveillance Leadership Council.--The
Directing Officer of the NBIC shall--
``(1) establish an interagency coordination council 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 such council.
``(j) 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.
``(k) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.''.
(b) 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 315 the following:

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

SEC. 602. BIOSURVEILLANCE EFFORTS.

The Comptroller General of the United States shall submit a
report to Congress describing--
(1) the state of Federal, State, local, and tribal
government biosurveillance efforts as of the date of such
report;
(2) any duplication of effort at the Federal, State, local,
or tribal government level to create biosurveillance systems;
and
(3) the integration of biosurveillance systems to allow the
maximizing of biosurveillance resources and the expertise of
Federal, State, local, and tribal governments to benefit
public health.

SEC. 603. INTERAGENCY COORDINATION TO ENHANCE DEFENSES
AGAINST NUCLEAR AND RADIOLOGICAL WEAPONS OF
MASS DESTRUCTION.

(a) In General.--The Homeland Security Act of 2002 is
amended by adding after section 1906, as redesignated by
section 203 of this Act, the following:

``SEC. 1907. JOINT ANNUAL 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;
``(ii) examines and evaluates components of the global
nuclear detection architecture (including associated
strategies and acquisition plans) that are related 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 related to nuclear or radiological
weapons of mass destruction; and
``(B) each agency, office, or entity deploying or operating
any technology acquired by the Office--
``(i) evaluates the deployment and operation of that
technology by that agency, office, or entity;
``(ii) identifies detection performance deficiencies and
operational or technical deficiencies in that technology; 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 technology by the Office.
``(b) Annual Report.--
``(1) In general.--Not later than March 31 of each year,
the Secretary, in coordination with the Attorney General, the
Secretary of State, the Secretary of Defense, the Secretary
of Energy, and the Director of National Intelligence, shall
submit a report regarding the compliance of such officials
with 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, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(C) the Committee on Appropriations, the Committee on
Armed Services, and the Committee on Homeland Security of the
House of Representatives.
``(2) Form.--Each 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) Technical and Conforming 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 203 of this
Act, the following:

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

[[Page S2401]]

TITLE VII--PRIVATE SECTOR PREPAREDNESS

SEC. 701. DEFINITIONS.

(a) In General.--In this title, the term ``voluntary
national preparedness standards'' has the meaning given that
term in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101), as amended by this Act.
(b) Homeland Security Act of 2002.--Section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101) is amended by
adding at the end the following:
``(17) The term `voluntary national 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).''.

SEC. 702. 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 national preparedness standards and the business
justification for preparedness and promoting to the private
sector the adoption of voluntary national 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 adding ``and'' 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 national preparedness standards
to the private sector;
``(ii) assisting the private sector in adopting voluntary
national preparedness standards; and
``(iii) developing and implementing the accreditation and
certification program under section 522;''.

SEC. 703. VOLUNTARY NATIONAL PREPAREDNESS STANDARDS
COMPLIANCE; ACCREDITATION AND CERTIFICATION
PROGRAM FOR THE PRIVATE SECTOR.

(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. VOLUNTARY NATIONAL PREPAREDNESS STANDARDS
COMPLIANCE; ACCREDITATION AND CERTIFICATION
PROGRAM FOR THE PRIVATE SECTOR.

``(a) Accreditation and Certification Program.--Not later
than 120 days after the date of enactment of this section,
the Secretary, in consultation with representatives of the
organizations that coordinate or facilitate the development
of and use of voluntary consensus standards, appropriate
voluntary consensus standards development organizations, and
each private sector advisory council created under section
102(f)(4), shall--
``(1) support the development, promulgating, and updating,
as necessary, of voluntary national preparedness standards;
and
``(2) develop, implement, and promote a program to certify
the preparedness of private sector entities.
``(b) Program Elements.--
``(1) In general.--
``(A) Program.--The program developed and implemented under
this section shall assess whether a private sector entity
complies with voluntary national preparedness standards.
``(B) Guidelines.--In developing the program under this
section, the Secretary shall develop guidelines for the
accreditation and certification processes established under
this section.
``(2) Standards.--The Secretary, in consultation with the
American National Standards Institute and representatives of
appropriate voluntary consensus standards development
organizations and each private sector advisory council
created under section 102(f)(4)--
``(A) shall adopt appropriate voluntary national
preparedness standards that promote preparedness, which shall
be used in the accreditation and certification program under
this section; and
``(B) after the adoption of standards under subparagraph
(A), may adopt additional voluntary national preparedness
standards or modify or discontinue the use of voluntary
national preparedness standards for the accreditation and
certification program, as necessary and appropriate to
promote preparedness.
``(3) Tiering.--The certification program developed under
this section may use a multiple-tiered system to rate the
preparedness of a private sector entity.
``(4) Small business concerns.--The Secretary and any
selected entity shall establish separate classifications and
methods of certification for small business concerns (as that
term is defined in section 3 of the Small Business Act (15
U.S.C. 632)) for the program under this section.
``(5) Considerations.--In developing and implementing the
program under this section, the Secretary shall--
``(A) consider the needs of the insurance industry, the
credit-ratings industry, and other industries that may
consider preparedness of private sector entities, to assess
the preparedness of private sector entities; and
``(B) ensure the program accommodates those needs where
appropriate and feasible.
``(c) Accreditation and Certification Processes.--
``(1) Agreement.--
``(A) In general.--Not later than 120 days after the date
of enactment of this section, the Secretary shall enter into
1 or more agreements with the American National Standards
Institute or other similarly qualified nongovernmental or
other private sector entities to carry out accreditations and
oversee the certification process under this section.
``(B) Contents.--Any selected entity shall manage the
accreditation process and oversee the certification process
in accordance with the program established under this section
and accredit qualified third parties to carry out the
certification program established under this section.
``(2) Procedures and requirements for accreditation and
certification.--
``(A) In general.--The selected entities shall collaborate
to develop procedures and requirements for the accreditation
and certification processes under this section, in accordance
with the program established under this section and
guidelines developed under subsection (b)(1)(B).
``(B) Contents and use.--The procedures and requirements
developed under subparagraph (A) shall--
``(i) ensure reasonable uniformity in the accreditation and
certification processes if there is more than 1 selected
entity; and
``(ii) be used by any selected entity in conducting
accreditations and overseeing the certification process under
this section.
``(C) Disagreement.--Any disagreement among selected
entities in developing procedures under subparagraph (A)
shall be resolved by the Secretary.
``(3) Designation.--A selected entity may accredit any
qualified third party to carry out the certification process
under this section.
``(4) Third parties.--To be accredited under paragraph (3),
a third party shall--
``(A) demonstrate that the third party has the ability to
certify private sector entities in accordance with the
procedures and requirements developed under paragraph (2);
``(B) agree to perform certifications in accordance with
such procedures and requirements;
``(C) 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 section; or
``(ii) any organization that provides preparedness
consulting services to private sector entities;
``(D) 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 section;
``(E) maintain liability insurance coverage at policy
limits in accordance with the requirements developed under
paragraph (2); and
``(F) 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
section.
``(5) Monitoring.--
``(A) In general.--The Secretary and any selected entity
shall regularly monitor and inspect the operations of any
third party conducting certifications under this section to
ensure that third party is complying with the procedures and
requirements established under paragraph (2) and all other
applicable requirements.
``(B) Revocation.--If the Secretary or any selected entity
determines that a third party is not meeting the procedures
or requirements established 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 conducted by that third
party, as necessary and appropriate.
``(d) Annual Review.--
``(1) In general.--The Secretary, in consultation with
representatives of the organizations that coordinate or
facilitate the development of and use of voluntary consensus
standards, appropriate voluntary consensus standards
development organizations, and each private sector advisory
council created under section 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) Voluntary Participation.--Certification under this
section shall be voluntary for any private sector entity.
``(f) Public Listing.--The Secretary shall maintain and
make public a listing of any private sector entity certified
as being in compliance with the program established under
this section, if that private sector entity consents to such
listing.
``(g) Definition.--In this section, the term `selected
entity' means any entity entering

[[Page S2402]]

an agreement with the Secretary under subsection
(c)(1)(A).''.
(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. 704. 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 Homeland
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. 705. 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. 706. RULE OF CONSTRUCTION.

Nothing in this title may be construed to supercede any
preparedness or business continuity standards or requirements
established under any other provision of Federal law.

TITLE VIII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

SEC. 801. 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 and intermodal security plans
addressing risks, threats, and vulnerabilities for aviation,
bridge, tunnel, commuter rail and ferry, highway, maritime,
pipeline, rail, mass transit, over-the-road bus, and other
public 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 by the Secretary of Homeland
Security,'' 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 and 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 initiated by the Secretary of Homeland Security
shall be based on such prioritization.''; and
(5) by adding at the end the following:
``(G) Short- and long-term budget recommendations for
Federal transportation security programs, which reflect 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 hubs.
``(I) Transportation security modal and intermodal plans,
including operational recovery plans to expedite, to the
maximum extent practicable, the return of an adversely
affected transportation system to its normal performance
level preceding a major terrorist attack on that system or
another catastrophe. 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).''.
(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 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 for research and development,
distributed by the Secretary of Homeland Security in the most
recently concluded 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 recently
concluded fiscal year for transportation security, by mode;
and
``(bb) personnel working on transportation security issues,
including the number of contractors.
``(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 explanation of
any activity inconsistent with, or not clearly delineated in,
the National Strategy for Transportation Security, including
the amount of funds to be expended for the activity.''; 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
(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
consultation with the Secretary of Transportation, shall
consult with Federal, State, and local agencies, tribal
governments, private sector entities (including nonprofit
employee labor organizations), institutions of higher
learning, and other appropriate entities.
``(7) Plan distribution.--The Secretary of Homeland
Security shall provide 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 non-profit employee labor organizations),
institutions of higher learning, and other appropriate
entities.''.

SEC. 802. 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 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.
``(2) Purpose of plan.--The Plan shall promote sharing of
transportation security information between the Department of
Homeland Security and public and private stakeholders.
``(3) 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;
``(B) an assignment of a single point of contact for and
within the Department of Homeland Security for its sharing of
transportation security information with public and private
stakeholders;
``(C) a demonstration of 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);
``(D) a reasonable deadline by which the Plan will be
implemented; and
``(E) a description of resource needs for fulfilling 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
Prevention Act of 2004 (6 U.S.C. 485); and
``(B) consistent with and support 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 environment.
``(5) Reports to congress.--
``(A) In general.--Not later than 180 days after the date
of enactment of this subsection, 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 an annual report
on updates to and the implementation of the Plan.
``(6) Survey.--
``(A) In general.--The Secretary shall conduct an annual
survey of the satisfaction of

[[Page S2403]]

each of the recipients of transportation intelligence reports
disseminated under the Plan, and include the results of the
survey as part of the annual report to be submitted under
paragraph (5)(B).
``(B) Information sought.--The annual survey conducted
under subparagraph (A) shall seek information about the
quality, speed, regularity, and classification of the
transportation security information products disseminated
from the Department of Homeland Security to public and
private stakeholders.
``(7) Security clearances.--The Secretary, to the greatest
extent practicable, shall facilitate the security clearances
needed for public and private stakeholders to receive and
obtain access to classified information as appropriate.
``(8) Classification of material.--The Secretary, to the
greatest extent practicable, shall provide public and private
stakeholders with specific and actionable information in an
unclassified format.
``(9) 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
(1).
``(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.
``(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 threats to and vulnerabilities and
consequences of transportation modes, including aviation,
bridge and tunnel, mass transit, passenger and freight rail,
ferry, highway, maritime, pipeline, and over-the-road bus
transportation.''.
(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 and the
Committee on Commerce, Science, and Transportation 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 information 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 security for any classified information
to be shared 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 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. 803. 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 Transportation 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
(2) any other position within the Department the duties and
responsibilities of which include carrying out 1 or more of
the functions that were transferred from the Transportation
Security Administration of the Department of Transportation
to the Secretary by such section.
(b) Elimination of Certain Personnel Management
Authorities.--Effective 90 days after the date of enactment
of this Act--
(1) section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) is repealed and any
authority of the Secretary derived from such section 111(d)
shall terminate;
(2) any personnel management system, to the extent
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 employees are
subject to the same personnel management system as described
in paragraph (1) or (2) of subsection (e).
(c) Establishment of Certain Uniformity Requirements.--
(1) System under subsection (e)(1).--The Secretary shall,
with respect to any personnel management 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 803 of the
Improving America's Security Act of 2007).''.
(3) Effective date.--
(A) Provisions relating to a system under subsection
(e)(1).--Any measures necessary to carry out paragraph (1)
shall take effect 90 days after the date of enactment of this
Act.
(B) Provisions relating to a system under subsection
(e)(2).--Any measures necessary to carry out the amendments
made by 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 Governmental 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 required under
paragraph (1) shall include--
(A) a brief description of each pay system described in
paragraphs (1)(A) and (1)(B), respectively;
(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 subsection is--
(1) any personnel management system, to the extent that it
applies with respect to any TSA employees 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.

TITLE IX--INCIDENT COMMAND SYSTEM

SEC. 901. 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, or other man-made disasters;
``(J) assisting State, local, or tribal governments, where
appropriate, to preidentify and evaluate suitable sites where
a multijurisdictional incident command system can be quickly
established and operated from, if the need for such a system
arises; and''.

SEC. 902. 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 following:

``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 the qualifications and
identity of managers of incidents, emergency response
providers, and other appropriate personnel, including by
ensuring that such personnel possess a minimum common level
of training, experience, physical and medical fitness, and
capability appropriate for their position;
``(B) the term `credentialing' means evaluating an
individual's qualifications for a specific position under
guidelines created under this subsection and assigning such
individual a qualification under the standards developed
under this subsection; and
``(C) the term `credentialed' means an individual has been
evaluated for a specific position under the guidelines
created under this subsection.
``(2) Requirements.--
``(A) In general.--The Administrator shall enter into a
memorandum of understanding with the administrators of the
Emergency Management Assistance Compact, State, local, and
tribal governments, emergency response providers, and the
organizations that represent such providers, to collaborate
on establishing nationwide standards for credentialing all
personnel who are likely to

[[Page S2404]]

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 emergency response functional positions that are
applicable to Federal, State, local, and tribal 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 personnel.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Improving America's Security Act of 2007,
the Secretary and the Administrator shall ensure that all
personnel 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 Administrator shall evaluate whether the workforce of the
Agency complies with the strategic human capital plan of the
Agency developed under section 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
agencies that have responsibilities under the National
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 volunteers of that
agency who are likely to respond to a natural disaster, act
of terrorism, 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 subparagraph (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 Administrator shall establish and maintain a
documentation and database system of Federal emergency
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 subparagraph (1) shall be accessible to the
Federal coordinating officer and other appropriate officials
preparing for or responding to a natural disaster, act of
terrorism, or other man-made disaster.
``(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 governments.--Not later
than 6 months after the date of enactment of the Improving
America's Security Act of 2007, the Administrator shall--
``(A) in collaboration with the administrators of the
Emergency Management Assistance Compact, State, local, and
tribal governments, emergency response providers, and the
organizations that represent such providers, provide detailed
written guidance, assistance, and expertise to State, local,
and tribal governments to facilitate 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 administrators of the
Emergency Management Assistance Compact, State, local, and
tribal governments, emergency response providers (and the
organizations that represent such providers), and appropriate
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 Security Act of 2007,
and annually thereafter, the Administrator 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
implementation of this subsection, including the number and
level of qualification of Federal personnel trained and ready
to respond to a natural disaster, act of terrorism, or other
man-made disaster.
``(b) Typing of Resources.--
``(1) Definitions.--In this subsection--
``(A) the term `typed' means an asset or resource 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 Management Assistance Compact, State, local, and
tribal governments, emergency response providers, and
organizations that represent such providers, to collaborate
on establishing nationwide 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.
``(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 enactment 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 terrorism, 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 National
Response Plan.
``(B) Typing of agencies, assets, and resources.--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 resources and assets (including
teams, equipment, and other assets) 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 subparagraph (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 Administrator shall establish and maintain a
documentation and database system of Federal resources and
assets commonly or likely to be used to respond to a natural
disaster, act of terrorism, or other man-made disaster.
``(B) Accessibility.--The documentation and database system
established under subparagraph (A) shall be accessible to the
Federal coordinating officer and other appropriate officials
preparing for or responding to a natural disaster, act of
terrorism, or other man-made disaster.
``(6) Guidance to state and local governments.--Not later
than 6 months after the date of enactment of the Improving
America's Security Act of 2007, the Administrator, in
collaboration with the administrators of the Emergency
Management Assistance Compact, State, local, and tribal
governments, emergency response providers, and the
organizations that represent such providers, shall--
``(A) provide detailed written guidance, assistance, and
expertise to State, local, and tribal governments to
facilitate the typing of the resources and assets of State,
local, and tribal governments likely to be used in responding
to a natural disaster, act of terrorism, or other man-made
disaster; and
``(B) assist State, local, and tribal governments with
typing resources and assets of State, local, or tribal
governments under the guidance provided under subparagraph
(A).
``(7) Report.--Not later than 6 months after the date of
enactment of the Improving America's Security Act of 2007,
and annually thereafter, the Administrator 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
implementation of this subsection, including the number and
type of Federal resources and assets ready to respond to a
natural disaster, act of terrorism, or other man-made
disaster.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated such sums as necessary to carry
out this section.''; and
(2) by adding after section 522, as added by section 703 of
this Act, the following:

[[Page S2405]]

``SEC. 523. PROVIDING SECURE ACCESS TO CRITICAL
INFRASTRUCTURE.

``Not later than 6 months after the date of enactment of
the Improving America's Security 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 create model standards or guidelines
that States may adopt in conjunction with critical
infrastructure owners and operators and their employees to
permit access to restricted areas in the event of a natural
disaster, act of terrorism, or other man-made 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 522, as added by section 703 of this Act,
the following:

``Sec. 523. Providing secure access to critical infrastructure.''.

TITLE X--CRITICAL INFRASTRUCTURE PROTECTION

SEC. 1001. CRITICAL INFRASTRUCTURE PROTECTION.

(a) Critical Infrastructure List.--Not later than 90 days
after the date of enactment of this Act, and in coordination
with other initiatives of the Secretary relating to critical
infrastructure or key resource protection and partnerships
between the government and private sector, the Secretary
shall establish a risk-based prioritized list of critical
infrastructure and key resources that--
(1) includes assets or systems that, if successfully
destroyed or disrupted through a terrorist attack or natural
catastrophe, would cause catastrophic national or regional
impacts, including--
(A) significant loss of life;
(B) severe economic harm;
(C) mass evacuations; or
(D) loss of a city, region, or sector of the economy as a
result of contamination, destruction, or disruption of vital
public services; and
(2) reflects a cross-sector analysis of critical
infrastructure to determine priorities for prevention,
protection, recovery, and restoration.
(b) Sector Lists.--In coordination with other initiatives
of the Secretary relating to critical infrastructure or key
resource protection and partnerships between the government
and private sector, the Secretary may establish additional
critical infrastructure and key resources priority lists by
sector, including at a minimum the sectors named in Homeland
Security Presidential Directive-7 as in effect on January 1,
2006.
(c) Maintenance.--Each list created under this section
shall be reviewed and updated on an ongoing basis, but at
least annually.
(d) Annual Report.--
(1) Generally.--Not later than 120 days after the date of
enactment of this Act, 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
summarizing--
(A) the criteria used to develop each list created under
this section;
(B) the methodology used to solicit and verify submissions
for each list;
(C) the name, location, and sector classification of assets
in each list created under this section;
(D) a description of any additional lists or databases the
Department has developed to prioritize critical
infrastructure on the basis of risk; and
(E) how each list developed under this section will be used
by the Secretary in program activities, including grant
making.
(2) Classified information.--The Secretary shall submit
with each report under this subsection a classified annex
containing information required to be submitted under this
subsection that cannot be made public.

SEC. 1002. RISK ASSESSMENT AND REPORT.

(a) Risk Assessment.--
(1) In general.--The Secretary, pursuant to the
responsibilities under section 202 of the Homeland Security
Act (6 U.S.C. 122), for each fiscal year beginning with
fiscal year 2007, shall prepare a risk assessment of the
critical infrastructure and key resources of the Nation which
shall--
(A) be organized by sector, including the critical
infrastructure sectors named in Homeland Security
Presidential Directive-7, as in effect on January 1, 2006;
and
(B) contain any actions or countermeasures proposed,
recommended, or directed by the Secretary to address security
concerns covered in the assessment.
(2) Reliance on other assessments.--In preparing the
assessments and reports under this section, the Department
may rely on a vulnerability assessment or risk assessment
prepared by another Federal agency that the Department
determines is prepared in coordination with other initiatives
of the Department relating to critical infrastructure or key
resource protection and partnerships between the government
and private sector, if the Department certifies in the
applicable report submitted under subsection (b) that the
Department--
(A) reviewed the methodology and analysis of the assessment
upon which the Department relied; and
(B) determined that assessment is reliable.
(b) Report.--
(1) In general.--Not later than 6 months after the last day
of fiscal year 2007 and for each year 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
containing a summary and review of the risk assessments
prepared by the Secretary under this section for that fiscal
year, which shall be organized by sector and which shall
include recommendations of the Secretary for mitigating risks
identified by the assessments.
(2) Classified annex.--The report under this subsection may
contain a classified annex.

SEC. 1003. USE OF EXISTING CAPABILITIES.

Where appropriate, the Secretary shall use the National
Infrastructure Simulation and Analysis Center to carry out
the actions required under this title.

TITLE XI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

SEC. 1101. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE
FUNDING INFORMATION.

(a) Amounts Requested Each Fiscal Year.--The President
shall disclose to the public for each fiscal year after
fiscal year 2007 the aggregate amount of appropriations
requested in the budget of the President for such fiscal year
for the National Intelligence Program.
(b) Amounts Authorized and Appropriated Each Fiscal Year.--
Congress shall disclose to the public for each fiscal year
after fiscal year 2007 the aggregate amount of funds
authorized to be appropriated, and the aggregate amount of
funds appropriated, by Congress for such fiscal year for the
National Intelligence Program.
(c) Study on Disclosure of Additional Information.--
(1) In general.--The Director of National Intelligence
shall conduct a study to assess the advisability of
disclosing to the public amounts as follows:
(A) The aggregate amount of appropriations requested in the
budget of the President for each fiscal year for each element
of the intelligence community.
(B) The aggregate amount of funds authorized to be
appropriated, and the aggregate amount of funds appropriated,
by Congress for each fiscal year for each element of the
intelligence community.
(2) Requirements.--The study required by paragraph (1)
shall--
(A) address whether or not the disclosure to the public of
the information referred to in that paragraph would harm the
national security of the United States; and
(B) take into specific account concerns relating to the
disclosure of such information for each element of the
intelligence community.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Director shall submit to Congress
a report on the study required by paragraph (1).
(d) Definitions.--In this section--
(1) the term ``element of the intelligence community''
means an element of the intelligence community specified in
or designated under section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4)); and
(2) the term ``National Intelligence Program'' has the
meaning given that term in section 3(6) of the National
Security Act of 1947 (50 U.S.C. 401a(6)).

SEC. 1102. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS
FROM CONGRESS.

(a) Response of Intelligence Community to Requests From
Congress for Intelligence Documents and Information.--Title V
of the National Security Act of 1947 (50 U.S.C. 413 et seq.)
is amended by adding at the end the following new section:

``RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS FOR
INTELLIGENCE DOCUMENTS AND INFORMATION

``Sec. 508.  (a) Requests of Committees.--The Director of
the National Counterterrorism Center, the Director of a
national intelligence center, or the head of any department,
agency, or element of the intelligence community shall, not
later than 15 days after receiving a request for any
intelligence assessment, report, estimate, legal opinion, or
other intelligence information from the Select Committee on
Intelligence of the Senate, the Permanent Select Committee on
Intelligence of the House of Representatives, or any other
committee of Congress with jurisdiction over the subject
matter to which information in such assessment, report,
estimate, legal opinion, or other information relates, make
available to such committee such assessment, report,
estimate, legal opinion, or other information, as the case
may be.
``(b) Requests of Certain Members.--(1) The Director of the
National Counterterrorism Center, the Director of a national
intelligence center, or the head of any department, agency,
or element of the intelligence community shall respond, in
the time specified in subsection (a), to a request described
in that subsection from the Chairman or Vice Chairman of the
Select Committee on Intelligence of the Senate or the
Chairman or Ranking Member of the Permanent Select Committee
on Intelligence of the House of Representatives.
``(2) Upon making a request covered by paragraph (1)--
``(A) the Chairman or Vice Chairman, as the case may be, of
the Select Committee on Intelligence of the Senate shall
notify the

[[Page S2406]]

other of the Chairman or Vice Chairman of such request; and
``(B) the Chairman or Ranking Member, as the case may be,
of the Permanent Select Committee on Intelligence of the
House of Representatives shall notify the other of the
Chairman or Ranking Member of such request.
``(c) Assertion of Privilege.--In response to a request
covered by subsection (a) or (b), the Director of the
National Counterterrorism Center, the Director of a national
intelligence center, or the head of any department, agency,
or element of the intelligence community shall provide the
document or information covered by such request unless the
President certifies that such document or information is not
being provided because the President is asserting a privilege
pursuant to the Constitution of the United States.
``(d) Independent Testimony of Intelligence Officials.--No
officer, department, agency, or element within the Executive
branch shall have any authority to require the head of any
department, agency, or element of the intelligence community,
or any designate of such a head--
``(1) to receive permission to testify before Congress; or
``(2) to submit testimony, legislative recommendations, or
comments to any officer or agency of the Executive branch for
approval, comments, or review prior to the submission of such
recommendations, testimony, or comments to Congress if such
testimony, legislative recommendations, or comments include a
statement indicating that the views expressed therein are
those of the head of the department, agency, or element of
the intelligence community that is making the submission and
do not necessarily represent the views of the
Administration.''.
(b) Disclosures of Certain Information to Congress.--Title
V of the National Security Act of 1947 (50 U.S.C. 413 et
seq.), as amended by subsection (a), is amended by adding at
the end the following new section:

``DISCLOSURES TO CONGRESS

``Sec. 509.  (a) Authority to Disclose Certain
Information.--An employee of a covered agency or an employee
of a contractor carrying out activities pursuant to a
contract with a covered agency may disclose covered
information to an authorized individual without first
reporting such information to the appropriate Inspector
General.
``(b) Authorized Individual.--(1) In this section, the term
`authorized individual' means--
``(A) a Member of the Senate or the House of
Representatives who is authorized to receive information of
the type disclosed; or
``(B) an employee of the Senate or the House of
Representatives who--
``(i) has an appropriate security clearance; and
``(ii) is authorized to receive information of the type
disclosed.
``(2) An authorized individual described in paragraph (1)
to whom covered information is disclosed under the authority
in subsection (a) shall be presumed to have a need to know
such covered information.
``(c) Covered Agency and Covered Information Defined.--In
this section:
``(1) The term `covered agency' means--
``(A) any department, agency, or element of the
intelligence community;
``(B) a national intelligence center; and
``(C) any other Executive agency, or element or unit
thereof, determined by the President under section
2302(a)(2)(C)(ii) of title 5, United States Code, to have as
its principal function the conduct of foreign intelligence or
counterintelligence activities.
``(2) The term `covered information'--
``(A) means information, including classified information,
that an employee referred to in subsection (a) reasonably
believes provides direct and specific evidence of a false or
inaccurate statement--
``(i) made to Congress; or
``(ii) contained in any intelligence assessment, report, or
estimate; and
``(B) does not include information the disclosure of which
is prohibited by rule 6(e) of the Federal Rules of Criminal
Procedure.
``(d) Construction With Other Reporting Requirements.--
Nothing in this section may be construed to modify, alter, or
otherwise affect--
``(1) any reporting requirement relating to intelligence
activities that arises under this Act or any other provision
of law; or
``(2) the right of any employee of the United States to
disclose information to Congress, in accordance with
applicable law, information other than covered
information.''.
(c) Clerical Amendment.--The table of contents in the first
section of that Act is amended by inserting after the item
relating to section 507 the following new items:

``Sec. 508. Response of intelligence community to requests from
Congress for intelligence documents and information.
``Sec. 509. Disclosures to Congress.''.

SEC. 1103. PUBLIC INTEREST DECLASSIFICATION BOARD.

The Public Interest Declassification Act of 2000 (50 U.S.C.
435 note) is amended--
(1) 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 member of the committee
of Congress that made the request relating to such
recommendations.''; and
(2) in section 710(b), by striking ``8 years after the date
of the enactment of this Act'' and inserting ``on December
31, 2012''.

TITLE XII--INTERNATIONAL COOPERATION ON ANTITER-RORISM TECHNOLOGIES

SEC. 1201. PROMOTING ANTITERRORISM CAPABILITIES THROUGH
INTERNATIONAL COOPERATION.

(a) Findings.--The 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.--The Homeland Security Act of 2002 is
amended by inserting after section 316, as added by section
601 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, Policy Directorate) 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, the Department of Defense, the
Department of Energy, and other Federal agencies, mechanisms
and legal frameworks to allow and to support international
cooperative activity in support of homeland security
research.
``(B) Priorities.--The Director shall be responsible for
developing, in coordination with the Directorate of Science
and Technology, the other components of the Department
(including the Office of the Assistant Secretary for
International Affairs, Policy Directorate), the Department of
State, the Department of Defense, the Department of Energy,
and other Federal agencies, strategic priorities for
international cooperative activity.
``(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

[[Page S2407]]

appropriate, including grants, cooperative agreements, or
contracts to or with foreign public or private entities,
governmental organizations, businesses, 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,
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 through 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 by the
Secretary of State.
``(d) Funding.--Funding for all activities under this
section shall be paid from discretionary funds appropriated
to the Department.
``(e) 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 the share of that foreign partner of the
project may be credited to appropriate appropriations
accounts of the Directorate of Science and Technology.''.
(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 adding after the item
relating to section 316, as added by section 601 of this Act,
the following:

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

SEC. 1202. 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 XIII--TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES

SEC. 1301. SHORT TITLE.

This title may be cited as the ``Transportation Security
and Interoperable Communication Capabilities Act''.

Subtitle A--Surface Transportation and Rail Security

SEC. 1311. DEFINITION.

In this title, the term ``high hazard materials'' means
quantities of poison inhalation hazard materials, Class 2.3
gases, Class 6.1 materials, anhydrous ammonia, and other
hazardous materials that the Secretary, in consultation with
the Secretary of Transportation, determines pose a security
risk.

PART I--IMPROVED RAIL SECURITY

SEC. 1321. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

(a) In General.--
(1) Risk assessment.--The Secretary shall establish a task
force, including the Transportation Security Administration,
the Department of Transportation, and other appropriate
agencies, to complete a risk assessment of freight and
passenger rail transportation (encompassing railroads, as
that term is defined in section 20102(1) of title 49, United
States Code). The assessment shall include--
(A) a methodology for conducting the risk assessment,
including timelines, that addresses how the Department of
Homeland Security will work with the entities described in
subsection (b) and make use of existing Federal expertise
within the Department of Homeland Security, the Department of
Transportation, and other appropriate agencies;
(B) identification and evaluation of critical assets and
infrastructures;
(C) identification of risks to those assets and
infrastructures;
(D) identification of risks that are specific to the
transportation of hazardous materials via railroad;
(E) identification of risks to passenger and cargo
security, transportation infrastructure (including rail
tunnels used by passenger and freight railroads in high
threat urban areas), protection systems, operations,
communications systems, employee training, emergency response
planning, and any other area identified by the assessment;
(F) an assessment of public and private operational
recovery plans to expedite, to the maximum extent
practicable, the return of an adversely affected freight or
passenger rail transportation system or facility to its
normal performance level after a major terrorist attack or
other security event on that system or facility; and
(G) an account of actions taken or planned by both public
and private entities to address identified rail security
issues and assess the effective integration of such actions.
(2) Recommendations.--Based on the assessment conducted
under paragraph (1), the Secretary, in consultation with the
Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Secretary has for--
(A) improving the security of rail tunnels, rail bridges,
rail switching and car storage areas, other rail
infrastructure and facilities, information systems, and other
areas identified by the Secretary as posing significant rail-
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 rail service
or on operations served or otherwise affected by rail
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) training appropriate railroad or railroad shipper
employees in terrorism prevention, preparedness, passenger
evacuation, and response activities;
(D) conducting public outreach campaigns on passenger
railroads regarding security;
(E) deploying surveillance equipment;
(F) identifying the immediate and long-term costs of
measures that may be required to address those risks; and
(G) public and private sector sources to fund such
measures.
(3) Plans.--The report required by subsection (c) shall
include--
(A) a plan, developed in consultation with the freight and
intercity passenger railroads, and State and local
governments, for the Federal Government to provide adequate
security support at high or severe threat levels of alert;
(B) a plan for coordinating existing and planned rail
security initiatives undertaken by the public and private
sectors; and
(C) a contingency plan, developed in coordination with
freight and intercity and commuter passenger railroads, to
ensure the continued movement of freight and passengers in
the event of an attack affecting the railroad system, which
shall contemplate--
(i) the possibility of rerouting traffic due to the loss of
critical infrastructure, such as a bridge, tunnel, yard, or
station; and
(ii) methods of continuing railroad service in the
Northeast Corridor in the event of a commercial power loss,
or catastrophe affecting a critical bridge, tunnel, yard, or
station.
(b) Consultation; Use of Existing Resources.--In carrying
out the assessment and developing the recommendations and
plans required by subsection (a), the Secretary shall consult
with rail management, rail labor, owners or lessors of rail
cars used to transport hazardous materials, first responders,
offerers of hazardous materials, public safety officials, and
other relevant parties. In developing the risk assessment
required under this section, the Secretary shall utilize
relevant existing risk assessments developed by the
Department or other Federal agencies, and, as appropriate,
assessments developed by other public and private
stakeholders.
(c) Report.--
(1) Contents.--Within 1 year after the date of enactment of
this Act, the Secretary shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure and the
Committee on Homeland Security of the House of
Representatives a report containing--
(A) the assessment, prioritized recommendations, and plans
required by subsection (a); and
(B) an estimate of the cost to implement such
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.
(d) Annual Updates.--The Secretary, in consultation with
the Secretary of Transportation, shall update the assessment
and recommendations each year and transmit a report, which
may be submitted in both classified and redacted formats, to
the Committees named in subsection (c)(1), containing the
updated assessment and recommendations.

[[Page S2408]]

(e) Funding.--Out of funds appropriated pursuant to section
114(u) of title 49, United States Code, as amended by section
1336 of this title, there shall be made available to the
Secretary to carry out this section $5,000,000 for fiscal
year 2008.

SEC. 1322. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

(a) In General.--
(1) Grants.--Subject to subsection (c) the Secretary, in
consultation with the Assistant Secretary of Homeland
Security (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 system-wide risk assessments;
(C) providing counter-terrorism 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 watch list identification system approved
by the Secretary;
(E) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(F) to hire additional police officers, special agents,
security officers, including canine units, and to pay for
other labor costs directly associated with security and
terrorism prevention activities;
(G) to expand emergency preparedness efforts; and
(H) for employee security training.
(b) Conditions.--The Secretary of Transportation shall
disburse funds to Amtrak provided under subsection (a) for
projects contained in a systemwide security plan approved by
the Secretary. Amtrak shall develop the security plan in
consultation with constituent States and other relevant
parties. The plan shall include appropriate measures to
address security awareness, emergency response, and passenger
evacuation training and shall be consistent with State
security plans to the maximum extent practicable.
(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 1321, 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(u) of title 49, United States Code, as amended by
section 1336 of this title, there shall be made available to
the Secretary and the Assistant Secretary of Homeland
Security (Transportation Security Administration) to carry
out this section--
(A) $63,500,000 for fiscal year 2008;
(B) $30,000,000 for fiscal year 2009; and
(C) $30,000,000 for fiscal year 2010.
(2) Availability of appropriated funds.--Amounts
appropriated pursuant to paragraph (1) shall remain available
until expended.

SEC. 1323. FIRE AND LIFE-SAFETY IMPROVEMENTS.

(a) Life-Safety Needs.--The Secretary of Transportation, in
consultation with the Secretary, is authorized to make grants
to Amtrak for the purpose of making fire and life-safety
improvements to Amtrak tunnels on the Northeast Corridor in
New York, New Jersey, Maryland, and Washington, DC.
(b) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 1336(b) of this title, there
shall be made available to the Secretary of Transportation
for the purposes of carrying out subsection (a) the following
amounts:
(1) For the 6 New York and New Jersey tunnels to provide
ventilation, electrical, and fire safety technology upgrades,
emergency communication and lighting systems, and emergency
access and egress for passengers--
(A) $100,000,000 for fiscal year 2008;
(B) $100,000,000 for fiscal year 2009;
(C) $100,000,000 for fiscal year 2010; and
(D) $100,000,000 for fiscal year 2011.
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $10,000,000 for fiscal year 2008;
(B) $10,000,000 for fiscal year 2009;
(C) $10,000,000 for fiscal year 2010; and
(D) $10,000,000 for fiscal year 2011.
(3) For the Washington, DC, Union Station tunnels to
improve ventilation, communication, lighting, and passenger
egress upgrades--
(A) $8,000,000 for fiscal year 2008;
(B) $8,000,000 for fiscal year 2009;
(C) $8,000,000 for fiscal year 2010; and
(D) $8,000,000 for fiscal year 2011.
(c) Infrastructure Upgrades.--Out of funds appropriated
pursuant to section 1336(b) of this title, 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.
(d) Availability of Appropriated Funds.--Amounts made
available pursuant to this section shall remain available
until expended.
(e) 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, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.
(f) Review of Plans.--
(1) In general.--The Secretary of Transportation shall
complete the review of the plans required by paragraphs (1)
and (2) of subsection (e) and approve or disapprove the plans
within 45 days after the date on which each such plan is
submitted by Amtrak.
(2) Incomplete or deficient plan.--If the Secretary
determines that a plan is incomplete or deficient, the
Secretary shall notify Amtrak of the incomplete items or
deficiencies and Amtrak shall, within 30 days after receiving
the Secretary's notification, submit a modified plan for the
Secretary'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 shall either approve the
modified plan, or, if the Secretary finds the plan is still
incomplete or deficient, the Secretary shall--
(A) identify in writing to the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee
on Transportation and Infrastructure and the Committee on
Homeland Security of the House of Representatives 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 other
portions; and
(D) execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions
of the plan.
(g) Financial Contribution From Other Tunnel Users.--The
Secretary shall, taking into account the need for the timely
completion of all portions of the tunnel projects described
in subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs
of the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.

SEC. 1324. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

(a) Security Improvement Grants.--The Secretary, through
the Assistant Secretary of Homeland Security (Transportation
Security Administration) and other appropriate agencies or
officials, is authorized to make grants to freight railroads,
the Alaska Railroad, hazardous materials offerers, owners of
rail cars used in the transportation of hazardous materials,
universities, colleges and research centers, State and local
governments (for rail passenger facilities and infrastructure
not owned by Amtrak), and, through the Secretary of
Transportation, to Amtrak, for full or partial reimbursement
of costs incurred in the conduct of activities to prevent or
respond to acts of terrorism, sabotage, or other intercity
passenger rail and freight rail security risks identified
under section 1321, including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of rail cargo or passenger screening
equipment at the United States-Mexico border, the United
States-Canada border, or other ports of entry;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their
resistance to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section 1321, including infrastructure, facilities, and
equipment upgrades.
(b) Accountability.--The Secretary shall adopt necessary
procedures, including audits, to ensure that grants made
under this section are expended in accordance with the

[[Page S2409]]

purposes of this title and the priorities and other criteria
developed by the Secretary.
(c) Allocation.--The Secretary shall distribute the funds
authorized by this section based on risk as determined under
section 1321, and shall encourage non-Federal financial
participation in projects funded by grants awarded under this
section. With respect to grants for intercity passenger rail
security, the Secretary shall also take into account
passenger volume and whether stations or facilities are used
by commuter rail passengers as well as intercity rail
passengers.
(d) Conditions.--The Secretary of Transportation may not
disburse funds to Amtrak under subsection (a) unless Amtrak
meets the conditions set forth in section 1322(b) of this
title.
(e) Allocation Between Railroads and Others.--Unless as a
result of the assessment required by section 1321 the
Secretary determines that critical rail transportation
security needs require reimbursement in greater amounts to
any eligible entity, no grants under this section may be made
cumulatively over the period authorized by this title--
(1) in excess of $45,000,000 to Amtrak; or
(2) in excess of $80,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) Authorization of Appropriations.--
(1) In general.--Out of funds appropriated pursuant to
section 114(u) of title 49, United States Code, as amended by
section 1336 of this title, there shall be made available to
the Secretary to carry out this section--
(A) $100,000,000 for fiscal year 2008;
(B) $100,000,000 for fiscal year 2009; and
(C) $100,000,000 for fiscal year 2010.
(2) Availability of appropriated funds.--Amounts
appropriated pursuant to paragraph (1) shall remain available
until expended.

SEC. 1325. RAIL SECURITY RESEARCH AND DEVELOPMENT.

(a) Establishment of Research and Development Program.--The
Secretary, through the Under Secretary for Science and
Technology and the Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation
with the Secretary of Transportation shall carry out a
research and development program for the purpose of improving
freight and intercity passenger rail security that may
include research and development projects to--
(1) reduce the risk of terrorist attacks on rail
transportation, including risks posed by explosives and
hazardous chemical, biological, and radioactive substances to
intercity rail passengers, facilities, and equipment;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight rail security technologies,
including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car or other
rail car used to transport hazardous materials and transmit
information about the integrity of cars to the train crew or
dispatcher;
(B) research to improve tank car integrity, with a focus on
tank cars that carry high hazard materials (as defined in
section 1311 of this title); and
(C) techniques to transfer hazardous materials from rail
cars that are damaged or otherwise represent an unreasonable
risk to human life or public safety; and
(6) other projects that address risks identified under
section 1321.
(b) Coordination With Other Research Initiatives.--The
Secretary shall ensure that the research and development
program authorized by this section is coordinated with other
research and development initiatives at the Department of
Homeland Security and the Department of Transportation. The
Secretary shall carry out any research and development
project authorized by this section through a reimbursable
agreement with the Secretary of Transportation, if the
Secretary of Transportation--
(1) is already sponsoring a research and development
project in a similar area; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Grants and Accountability.--To carry out the research
and development program, the Secretary may award grants to
the entities described in section 1324(a) and shall adopt
necessary procedures, including audits, to ensure that grants
made under this section are expended in accordance with the
purposes of this title and the priorities and other criteria
developed by the Secretary.
(d) Authorization of Appropriations.--
(1) In general.--Out of funds appropriated pursuant to
section 114(u) of title 49, United States Code, as amended by
section 1336 of this title, 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; and
(C) $33,000,000 for fiscal year 2010.
(2) Availability of appropriated funds.--Amounts
appropriated pursuant to paragraph (1) shall remain available
until expended.

SEC. 1326. OVERSIGHT AND GRANT PROCEDURES.

(a) Secretarial Oversight.--The Secretary may award
contracts to audit and review the safety, security,
procurement, management, and financial compliance of a
recipient of amounts under this title.
(b) Procedures for Grant Award.--The Secretary shall,
within 180 days after the date of enactment of this Act,
prescribe procedures and schedules for the awarding of grants
under this title, including application and qualification
procedures (including a requirement that the applicant have a
security plan), 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 of title 46,
United States Code.
(c) Additional Authority.--The Secretary may issue
nonbinding letters under similar terms to those issued
pursuant to section 47110(e) of title 49, United States Code,
to sponsors of rail projects funded under this title.

SEC. 1327. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS
INVOLVED IN RAIL PASSENGER ACCIDENTS.

(a) In General.--Chapter 243 of title 49, United States
Code, is amended by adding at the end the following:

``Sec. 24316. Plans to address needs of families of
passengers involved in rail passenger accidents

``(a) Submission of Plan.--Not later than 6 months after
the date of the enactment of the Transportation Security and
Interoperable Communication Capabilities Act, Amtrak shall
submit to the Chairman of the National Transportation Safety
Board, the Secretary of Transportation, and the Secretary of
Homeland Security a plan for addressing the needs of the
families of passengers involved in any rail passenger
accident involving an Amtrak intercity train and resulting in
a loss of life.
``(b) Contents of Plans.--The plan to be submitted by
Amtrak under subsection (a) shall include, at a minimum, the
following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board, the Secretary of
Transportation, and the Secretary of Homeland Security,
immediately upon request, a list (which is based on the best
available information at the time of the request) of the
names of the passengers aboard the train (whether or not such
names have been verified), and will periodically update the
list. The plan shall include a procedure, with respect to
unreserved trains and passengers not holding reservations on
other trains, for Amtrak to use reasonable efforts to
ascertain the number and names of passengers aboard a train
involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names
of the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been
verified).
``(5) A process by which the family of each passenger will
be consulted about the disposition of all remains and
personal effects of the passenger within Amtrak's control;
that any possession of the passenger within Amtrak's control
will be returned to the family unless the possession is
needed for the accident investigation or any criminal
investigation; and that any unclaimed possession of a
passenger within Amtrak's control will be retained by the
rail passenger carrier for at least 18 months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of
the families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--Neither the National
Transportation Safety Board, the Secretary of Transportation,
the Secretary of Homeland Security, nor Amtrak may release
any personal information on a list obtained under subsection
(b)(1) but may provide information on the list about a
passenger to the family of the passenger to the extent that
the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable
for damages in any action brought in a Federal or State court
arising out of the performance of Amtrak under this section
in preparing or providing a passenger list, or in providing
information concerning a train reservation, pursuant to a
plan submitted by Amtrak under subsection (b), unless such
liability was caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that
Amtrak may take, or the obligations that Amtrak may have, in
providing assistance to the families of passengers involved
in a rail passenger accident.
``(f) Funding.--Out of funds appropriated pursuant to
section 1336(b) of the Transportation Security and
Interoperable Communication Capabilities Act, there shall be

[[Page S2410]]

made available to the Secretary of Transportation for the use
of Amtrak $500,000 for fiscal year 2008 to carry out this
section. Amounts made available pursuant to this subsection
shall remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter
243 of title 49, United States Code, is amended by adding at
the end the following:

``24316. Plan to assist families of passengers involved in rail
passenger accidents''.

SEC. 1328. NORTHERN BORDER RAIL PASSENGER REPORT.

Within 1 year after the date of enactment of this Act, the
Secretary, in consultation with the Assistant Secretary of
Homeland Security (Transportation Security Administration),
the Secretary of Transportation, heads of other appropriate
Federal departments, and agencies and the National Railroad
Passenger Corporation, shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security that contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail 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 pre-screened passenger lists for rail passengers
traveling between the United States and Canada to the
Department of Homeland Security;
(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 pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and
(8) an analysis of the feasibility of reinstating in-
transit inspections onboard international Amtrak trains.

SEC. 1329. RAIL WORKER SECURITY TRAINING PROGRAM.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Transportation, appropriate law enforcement,
security, and terrorism experts, representatives of railroad
carriers and shippers, and nonprofit employee organizations
that represent rail workers, shall develop and issue detailed
guidance for a rail worker security training program to
prepare front-line workers for potential threat conditions.
The guidance shall take into consideration any current
security training requirements or best practices.
(b) Program Elements.--The guidance developed under
subsection (a) shall include elements appropriate to
passenger and freight rail service that address the
following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology, behavior, and methods of terrorists.
(7) Situational training exercises regarding various threat
conditions.
(8) Any other subject the Secretary considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days
after the Secretary issues guidance under subsection (a) in
final form, each railroad carrier shall develop a rail worker
security training program in accordance with that guidance
and submit it to the Secretary for review. Not later than 90
days after receiving a railroad carrier's program under this
subsection, the Secretary shall review the program and
transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary for the program
to meet the guidance requirements. A railroad carrier shall
respond to the Secretary's comments within 90 days after
receiving them.
(d) Training.--Not later than 1 year after the Secretary
reviews the training program developed by a railroad carrier
under this section, the railroad carrier shall complete the
training of all front-line workers in accordance with that
program. The Secretary shall review implementation of the
training program of a representative sample of railroad
carriers and report to the Senate Committee on Commerce,
Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House
of Representatives Committee on Homeland Security on the
number of reviews conducted and the results. The Secretary
may submit the report in both classified and redacted formats
as necessary.
(e) Updates.--The Secretary shall update the training
guidance issued under subsection (a) as appropriate to
reflect new or different security threats. Railroad carriers
shall revise their programs accordingly and provide
additional training to their front-line workers within a
reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term
``front-line workers'' means security personnel, dispatchers,
locomotive engineers, conductors, trainmen, other onboard
employees, maintenance and maintenance support personnel,
bridge tenders, as well as other appropriate employees of
railroad carriers, as defined by the Secretary.
(g) Other Employees.--The Secretary shall issue guidance
and best practices for a rail shipper employee security
program containing the elements listed under subsection (b)
as appropriate.

SEC. 1330. WHISTLEBLOWER PROTECTION PROGRAM.

(a) In General.--Subchapter A of chapter 201 of title 49,
United States Code, is amended by inserting after section
20117 the following:

``Sec. 20118. Whistleblower protection for rail Security
matters

``(a) Discrimination Against Employee.--A railroad carrier
engaged in interstate or foreign commerce may not discharge
or in any way discriminate against an employee because the
employee, whether acting for the employee or as a
representative, has--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the
Federal Government information relating to a reasonably
perceived threat, in good faith, to security;
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim
arising under this section is subject to resolution under
section 3 of the Railway Labor Act (45 U.S.C. 153). In a
proceeding by the National Railroad Adjustment Board, a
division or delegate of the Board, or another board of
adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be
expedited and the dispute, grievance, or claim shall be
resolved not later than 180 days after it is filed. If the
violation is a form of discrimination that does not involve
discharge, suspension, or another action affecting pay, and
no other remedy is available under this subsection, the
Board, division, delegate, or other board of adjustment may
award the employee reasonable damages, including punitive
damages, of not more than $20,000.
``(c) Procedural Requirements.--Except as provided in
subsection (b), the procedure set forth in section
42121(b)(2)(B) of this subtitle, including the burdens of
proof, applies to any complaint brought under this section.
``(d) Election of Remedies.--An employee of a railroad
carrier may not seek protection under both this section and
another provision of law for the same allegedly unlawful act
of the carrier.
``(e) 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 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 section.
``(2) The Secretary 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.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 of title 49, United States Code, is amended by inserting
after the item relating to section 20117 the following:

``20118. Whistleblower protection for rail security matters''.

SEC. 1331. HIGH HAZARD MATERIAL SECURITY RISK MITIGATION
PLANS.

(a) In General.--The Secretary, in consultation with the
Assistant Secretary of Homeland Security (Transportation
Security Administration) and the Secretary of Transportation,
shall require rail carriers transporting a high hazard
material, as defined in section 1311 of this title, to
develop a high hazard material security risk mitigation plan
containing appropriate measures, including alternative
routing and temporary shipment suspension options, to address
assessed risks to high consequence targets. The plan, and any
information submitted to the Secretary under this section
shall be protected as sensitive security information under
the regulations prescribed under section 114(s) of title 49,
United States Code.
(b) Implementation.--A high hazard material security risk
mitigation plan shall be

[[Page S2411]]

put into effect by a rail carrier for the shipment of high
hazardous materials by rail on the rail carrier's right-of-
way when the threat levels of the Homeland Security Advisory
System are high or severe or specific intelligence of
probable or imminent threat exists towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier shall--
(A) submit a list of routes used to transport high hazard
materials to the Secretary within 60 days after the date of
enactment of this Act;
(B) develop and submit a high hazard material security risk
mitigation plan to the Secretary within 180 days after it
receives the notice of high consequence targets on such
routes by the Secretary that includes an operational recovery
plan to expedite, to the maximum extent practicable, the
return of an adversely affected rail system or facility to
its normal performance level following a major terrorist
attack or other security incident; and
(C) submit any subsequent revisions to the plan to the
Secretary within 30 days after making the revisions.
(2) Review and updates.--The Secretary, with assistance of
the Secretary of Transportation, shall review the plans and
transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary. A railroad
carrier shall respond to the Secretary's comments within 30
days after receiving them. Each rail carrier shall update and
resubmit its plan for review not less than every 2 years.
(d) Definitions.--In this section:
(1) The term ``high-consequence target'' means property,
infrastructure, public space, or natural resource designated
by the Secretary that is a viable terrorist target of
national significance, the attack of which could result in--
(A) catastrophic loss of life;
(B) significant damage to national security or defense
capabilities; or
(C) national economic harm.
(2) The term ``catastrophic impact zone'' means the area
immediately adjacent to, under, or above an active railroad
right-of-way used to ship high hazard materials in which the
potential release or explosion of the high hazard material
being transported would likely cause--
(A) loss of life; or
(B) significant damage to property or structures.
(3) The term ``rail carrier'' has the meaning given that
term by section 10102(5) of title 49, United States Code.

SEC. 1332. ENFORCEMENT AUTHORITY.

(a) In General.--Section 114 of title 49, United States
Code, as amended by section 1336 of this title, is further
amended by adding at the end the following:
``(v) Enforcement of Regulations and Orders of the
Secretary of Homeland Security Issued Under This Title.--
``(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 this
title other than a provision of chapter 449.
``(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) of this subsection 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 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 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, the court may not re-examine issues of liability
or the amount of the penalty.
``(C) Jurisdiction.--The district courts of the United
States 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 penalty the Secretary
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.
``(4) Compromise and setoff.--
``(A) The Secretary may compromise the amount of a civil
penalty imposed under this subsection. If the Secretary
compromises the amount of a civil penalty under this
subparagraph, the Secretary shall--
``(i) notify the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Homeland Security of the compromised penalty and explain the
rationale therefor; and
``(ii) make the explanation available to the public to the
extent feasible without compromising security.
``(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 of this
title 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).''.
(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''.
(c) Rail Safety Regulations.--Section 20103(a) of title 49,
United States Code, is amended by striking ``safety'' the
first place it appears, and inserting ``safety, including
security,''.

SEC. 1333. RAIL SECURITY ENHANCEMENTS.

(a) Rail 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 rail police officer employed by a rail
carrier and certified or commissioned as a police officer
under the laws of a State may be temporarily assigned to
assist a second rail carrier in carrying out law enforcement
duties upon the request of the second rail carrier, at which
time the police officer shall be considered to be an employee
of the second rail carrier and shall have authority to
enforce the laws of any jurisdiction in which the second rail
carrier owns property to the same extent as provided in
subsection (a).''.
(b) Model State Legislation.--By no later than September 7,
2007, the Secretary of Transportation shall develop model
State legislation to address the problem of entities that
claim to be rail carriers in order to establish and run a
police force when the entities do not in fact provide rail
transportation and shall make it available to State
governments. In developing the model State legislation the
Secretary shall solicit the input of the States, railroads
companies, and railroad employees. The Secretary shall review
and, if necessary, revise such model State legislation
periodically.

SEC. 1334. PUBLIC AWARENESS.

Not later than 90 days after the date of enactment of this
Act, the Secretary, in consultation with the Secretary of
Transportation, shall develop a national plan for public
outreach and awareness. Such plan shall be designed to
increase awareness of measures that the general public,
railroad passengers, and railroad employees can take to
increase railroad system security. Such plan shall also
provide outreach to railroad carriers and their employees to
improve their awareness of available technologies, ongoing
research and development efforts, and available Federal
funding sources to improve railroad security. Not later than
9 months after the date of enactment of this Act, the
Secretary shall implement the plan developed under this
section.

SEC. 1335. RAILROAD HIGH HAZARD MATERIAL TRACKING.

(a) Wireless Communications.--
(1) In general.--In conjunction with the research and
development program established under section 1325 and
consistent with

[[Page S2412]]

the results of research relating to wireless tracking
technologies, the Secretary, in consultation with the
Assistant Secretary of Homeland Security (Transportation
Security Administration), shall develop a program that will
encourage the equipping of rail cars transporting high hazard
materials (as defined in section 1311 of this title) with
technology that provides--
(A) car position location and tracking capabilities; and
(B) notification of rail car depressurization, breach,
unsafe temperature, or release of hazardous materials.
(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 rail 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 tank rail car tracking pilot
programs.
(b) Funding.--Out of funds appropriated pursuant to section
114(u) of title 49, United States Code, as amended by section
1336 of this title, there shall be made available to the
Secretary to carry out this section $3,000,000 for each of
fiscal years 2008, 2009, and 2010.

SEC. 1336. AUTHORIZATION OF APPROPRIATIONS.

(a) Transportation Security Administration Authorization.--
Section 114 of title 49, United States Code, is amended by
adding at the end thereof the following:
``(u) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security for rail security--
``(1) $205,000,000 for fiscal year 2008;
``(2) $166,000,000 for fiscal year 2009; and
``(3) $166,000,000 for fiscal year 2010.''.
(b) Department of Transportation.--There are authorized to
be appropriated to the Secretary of Transportation to carry
out this title and sections 20118 and 24316 of title 49,
United States Code, as added by this title--
(1) $121,000,000 for fiscal year 2008;
(2) $118,000,000 for fiscal year 2009;
(3) $118,000,000 for fiscal year 2010; and
(4) $118,000,000 for fiscal year 2011.

PART II--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY

SEC. 1341. HAZARDOUS MATERIALS HIGHWAY ROUTING.

(a) Route Plan Guidance.--Within 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 non-radioactive 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 non-radioactive
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 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;
(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 non-
radioactive 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 material and assess specific security risks
associated with each route and explore alternative mitigation
measures; and
(7) transmit to the Senate Committee on Commerce, Science,
and Transportation, and the House of Representatives
Committee on Transportation and Infrastructure a report on
the actions taken to fulfill paragraphs (1) through (6) of
this subsection 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.--Within 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
of that title, taking into account the various segments of
the trucking industry, including tank truck, truckload and
less than truckload carriers.
(2) Report.--Within 1 year after the date of enactment of
this Act, the Secretary of Transportation shall submit a
report to the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Transportation and Infrastructure 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 of that
title if the Secretary determines, under the assessment
required in subsection (b), that such a requirement would
enhance the security and safety of the nation without
imposing unreasonable costs or burdens upon motor carriers.

SEC. 1342. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.

(a) Communications.--
(1) In general.--Consistent with the findings of the
Transportation Security Administration's Hazmat Truck
Security Pilot Program and within 6 months after the date of
enactment of this Act, the Secretary, through the
Transportation Security Administration and in consultation
with the Secretary of Transportation, shall develop a program
to encourage the tracking of motor carrier shipments of high
hazard materials as defined in this title with communications
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 message.
(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 high hazardous 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 Operation Field Test released by the Federal Motor
Carrier Safety Administration on November 11, 2004; and
(C) evaluate--
(i) any new information related to the cost and benefits of
deploying and utilizing tracking technology for motor
carriers transporting high hazard materials not included in
the Hazardous Material Safety and Security Operation 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 movements of
shipments of high hazard materials by commercial motor
vehicles;
(iv) the appropriate range of contact intervals between the
tracking technology and a commercial motor vehicle
transporting high hazard materials; and
(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
and alert emergency response resources to locate and recover
security sensitive material in the event of loss or theft of
such material.
(b) Funding.--There are authorized to be appropriated to
the Secretary to carry out this section $3,000,000 for each
of fiscal years 2008, 2009, and 2010.

SEC. 1343. MEMORANDUM OF AGREEMENT.

Similar to the other security annexes between the 2
departments, within 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
agreement between the 2 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 the processes the departments
will follow to promote communications, efficiency, and
nonduplication of effort.

SEC. 1344. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND
ENFORCEMENT.

(a) In General.--The Secretary shall establish a program
within the Transportation Security Administration, in
consultation with the Secretary of Transportation, for
reviewing hazardous materials security plans required under
part 172, title 49, Code of Federal Regulations, within 180
days after the

[[Page S2413]]

date of enactment of this Act. In establishing the program,
the Secretary shall ensure that--
(1) the program does not subject carriers to unnecessarily
duplicative reviews of their security plans by the 2
departments; and
(2) a common set of standards is used to review the
security plans.
(b) Civil Penalty.--The failure, by an offerer, carrier, or
other person subject to part 172 of title 49, Code of Federal
Regulations, to comply with any applicable section of that
part within 180 days after being notified by the Secretary of
such failure to comply, is punishable by a civil penalty
imposed by the Secretary under title 49, United States Code.
For purposes of this subsection, each day of noncompliance
after the 181st day following the date on which the offerer,
carrier, or other person received notice of the failure shall
constitute a separate failure.
(c) Compliance Review.--In reviewing the compliance of
hazardous materials offerers, carriers, or other persons
subject to part 172 of title 49, Code of Federal Regulations,
with the provisions of that part, the Secretary shall utilize
risk assessment methodologies to prioritize review and
enforcement actions of the highest risk hazardous materials
transportation operations.
(d) 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 offerers of such commodities as compared to
the costs and rates respectively for the transportation of
non-hazardous materials.
(e) Funding.--There are authorized to be appropriated 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. 1345. TRUCK SECURITY ASSESSMENT.

Not later than 1 year after the date of enactment of this
Act, the Secretary, in consultation with the Secretary of
Transportation, shall transmit to the Senate Committee on
Commerce, Science, and Transportation, Senate Committee on
Finance, the House of Representatives Committee on
Transportation and Infrastructure, the House of
Representatives Committee on Homeland Security, and the House
of Representatives Committee on Ways and Means, a report on
security issues related to the trucking industry that
includes--
(1) an assessment of actions already taken to address
identified security issues by both public and private
entities;
(2) 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;
(3) an assessment of ongoing research and the need for
additional research on truck security;
(4) an assessment of industry best practices to enhance
security; and
(5) an assessment of the current status of secure motor
carrier parking.

SEC. 1346. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

(a) Development.--The Secretary, in conjunction with the
Secretary of Transportation, shall consider the development
of a national public sector response system to receive
security alerts, emergency messages, and other information
used to track the transportation of high hazard materials
which can provide accurate, timely, and actionable
information to appropriate first responder, law enforcement
and public safety, and homeland security officials, as
appropriate, regarding accidents, threats, thefts, or other
safety and security risks or incidents. In considering the
development of this system, they shall consult with law
enforcement and public safety officials, hazardous material
shippers, motor carriers, railroads, organizations
representing hazardous material employees, State
transportation and hazardous materials officials, private
for-profit and non-profit emergency response organizations,
and commercial motor vehicle and hazardous material safety
groups. Consideration of development of the national public
sector response system shall be based upon the public sector
response center developed for the Transportation Security
Administration hazardous material truck security pilot
program and hazardous material safety and security
operational field test undertaken by the Federal Motor
Carrier Safety Administration.
(b) Capability.--The national public sector response system
to be considered shall be able to receive, as appropriate--
(1) negative driver verification alerts;
(2) out-of-route alerts;
(3) driver panic or emergency alerts; and
(4) tampering or release alerts.
(c) Characteristics.--The national public sector response
system to be considered shall--
(1) be an exception-based system;
(2) be integrated with other private and public sector
operation reporting and response systems and all Federal
homeland security threat analysis systems or centers
(including the National Response Center); and
(3) provide users the ability to create rules for alert
notification messages.
(d) Carrier Participation.--The Secretary shall coordinate
with motor carriers and railroads transporting high hazard
materials, entities acting on their behalf who receive
communication alerts from motor carriers or railroads, or
other Federal agencies that receive security and emergency
related notification regarding high hazard materials in
transit to facilitate the provisions of the information
listed in subsection (b) to the national public sector
response system to the extent possible if the system is
established.
(e) Data Privacy.--The national public sector response
system shall be designed to ensure appropriate protection of
data and information relating to motor carriers, railroads,
and employees.
(f) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall transmit to the
Senate Committee on Commerce, Science, and Transportation,
the House of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report on whether to establish a national
public sector response system and the estimated total public
and private sector costs to establish and annually operate
such a system, together with any recommendations for
generating private sector participation and investment in the
development and operation of such a system.
(g) Funding.--There are authorized to be appropriated to
the Secretary to carry out this section--
(1) $1,000,000 for fiscal year 2008;
(2) $1,000,000 for fiscal year 2009; and
(3) $1,000,000 for fiscal year 2010.

SEC. 1347. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

(a) In General.--The Secretary shall establish a program
within the Transportation Security Administration for making
grants to private operators of over-the-road buses or over-
the-road bus terminal operators for the purposes of emergency
preparedness drills and exercises, protecting high risk/high
consequence assets identified through system-wide risk
assessment, counter-terrorism training, visible/unpredictable
deterrence, public awareness and preparedness campaigns, and
including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;
(4) training employees in recognizing and responding to
security risks, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing and upgrading emergency communications
tracking and control systems; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Due Consideration.--In making grants under this
section, the Secretary shall give due consideration to
private operators of over-the-road buses that have taken
measures to enhance bus transportation security from those in
effect before September 11, 2001, and shall prioritize grant
funding based on the magnitude and severity of the security
risks to bus passengers and the ability of the funded project
to reduce, or respond to, that risk.
(c) Grant Requirements.--A grant under this section shall
be subject to all the terms and conditions that a grant is
subject to under section 3038(f) of the Transportation Equity
Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat.
393).
(d) Plan Requirement.--
(1) In general.--The Secretary may not make a grant under
this section to a private operator of over-the-road buses
until the operator has first submitted to the Secretary--
(A) a plan for making security improvements described in
subsection (a) and the Secretary has reviewed or approved the
plan; and
(B) such additional information as the Secretary may
require to ensure accountability for the obligation and
expenditure of amounts made available to the operator under
the grant.
(2) Coordination.--To the extent that an application for a
grant under this section proposes security improvements
within a specific terminal owned and operated by an entity
other than the applicant, the applicant shall demonstrate to
the satisfaction of the Secretary that the applicant has
coordinated the security improvements for the terminal with
that entity.
(e) Over-the-Road Bus Defined.--In this section, the term
``over-the-road bus'' means a bus characterized by an
elevated passenger deck located over a baggage compartment.
(f) Bus Security Assessment.--

[[Page S2414]]

(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to the
Senate Committee on Commerce, Science, and Transportation,
the House of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report in accordance with the
requirements of this section.
(2) Contents of report.--The report shall include--
(A) an assessment of the over-the-road bus security grant
program;
(B) an assessment of 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;
(C) an assessment of whether additional legislation is
needed to provide for the security of Americans traveling on
over-the-road buses;
(D) an assessment of the economic impact that security
upgrades of buses and bus facilities may have on the over-
the-road bus transportation industry and its employees;
(E) 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;
(F) an assessment of industry best practices to enhance
security; and
(G) an assessment of school bus security, if the Secretary
deems it appropriate.
(3) Consultation with industry, labor, and other groups.--
In carrying out this section, the Secretary shall consult
with over-the-road bus management and labor representatives,
public safety and law enforcement officials, and the National
Academy of Sciences.
(g) Funding.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this section--
(A) $12,000,000 for fiscal year 2008;
(B) $25,000,000 for fiscal year 2009; and
(C) $25,000,000 for fiscal year 2010.
(2) Availability of appropriated funds.--Amounts
appropriated pursuant to paragraph (1) shall remain available
until expended.

SEC. 1348. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

(a) In General.--The Secretary, in consultation with the
Secretary of Transportation and the Pipeline and Hazardous
Materials Safety Administration, and in accordance with the
Memorandum of Understanding Annex executed on August 9, 2006,
shall develop a Pipeline Security and Incident Recovery
Protocols Plan. The plan shall include--
(1) a plan for the Federal 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 1349--
(A) at severe security threat levels of alert; or
(B) when 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 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, pipeline labor, first
responders, shippers, 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
Committee on Commerce, Science, and Transportation 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
containing the plan required by subsection (a), along with 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.

SEC. 1349. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

(a) In General.--Within 1 year after the date of enactment
of this Act, the Secretary, in consultation with the
Secretary of Transportation, shall 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.
(b) Review and Inspection.--Within 9 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 plan 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 of Homeland
Security 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.--Within 1 year 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 memorandum of understanding annex signed
on August 9, 2006, shall promulgate such regulations and
carry out necessary inspection and enforcement actions. Any
regulations should 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 non-
compliance.
(e) Funding.--There are authorized to be appropriated to
the Secretary to carry out this section--
(1) $2,000,000 for fiscal year 2008; and
(2) $2,000,000 for fiscal year 2009.

SEC. 1350. TECHNICAL CORRECTIONS.

Section 5103a of title 49, United States Code, is amended--
(1) by inserting ``of Homeland Security'' after
``Secretary'' each place it appears in subsections (a)(1),
(d)(1)(b), and (e); and
(2) by redesignating subsection (h) as subsection (i), and
inserting the following after subsection (g):
``(h) Relationship to Transportation Security Cards.--Upon
application, a State shall issue to an individual a license
to operate a motor vehicle transporting in commerce a
hazardous material without the security assessment required
by this section, provided the individual meets all other
applicable requirements for such a license, if the Secretary
of Homeland Security has previously determined, under section
70105 of title 46, United States Code, that the individual
does not pose a security risk.''.

SEC. 1351. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

Any statutory limitation on the number of employees in the
Transportation Security Administration of the Department of
Transportation, before or after its transfer to the
Department of Homeland Security, does not apply to the extent
that any such employees are responsible for implementing the
provisions of this title.

SEC. 1352. 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. 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)(A) an assessment of 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) an assessment of the impact of such fees, charges, and
standards on the competitiveness of United States ports, port
terminal operators, railroads, motor carriers, pipelines,
other transportation modes, and shippers;

[[Page S2415]]

(4) an assessment of 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) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the meaning
given that term by section 2(1) of the SAFE Port Act (6
U.S.C. 901(1)).
(2) 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.
(3) Maritime and surface transportation.--The term
``maritime and surface transportation'' includes oceanborne,
rail, and vehicular transportation.

Subtitle B--Aviation Security Improvement

SEC. 1361. EXTENSION OF AUTHORIZATION FOR AVIATION SECURITY
FUNDING.

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

SEC. 1362. PASSENGER AIRCRAFT CARGO SCREENING.

(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 Transportation Security and Interoperable
Communication Capabilities Act, the Secretary of Homeland
Security, acting through the Administrator of the
Transportation Security Administration, shall establish a
system to screen all 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 the
equipment, technology, procedures, personnel, or other
methods determined by the Administrator of the Transportation
Security Administration, provide a level of security
comparable to the level of security in effect for passenger
checked baggage.
``(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 1 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 1-year period referred to in clause (i), the
Secretary shall submit a report to the Congress 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
Congress containing updated information every 60 days
thereafter until the final rule is issued.
``(iii) Superseding 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 on
which the system required by paragraph (1) is established,
the Secretary shall transmit a report to Congress that
details and explains the system.''.
(b) Assessment of Exemptions.--
(1) TSA assessment of exemptions.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security,
through the Administrator of the Transportation Security
Administration, shall submit a report to Congress and to the
Comptroller General containing an assessment of each
exemption granted under section 44901(i) of title 49, United
States Code, for the screening required by section
44901(g)(1) of that title for cargo transported on passenger
aircraft and an analysis to assess the risk of maintaining
such exemption. The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(B) Contents.--The report shall include--
(i) the rationale for each exemption;
(ii) a statement of the percentage of cargo that is not
screened as a result of each exemption;
(iii) the impact of each exemption on aviation security;
(iv) the projected impact on the flow of commerce of
eliminating such exemption; and
(v) a statement of any plans, and the rationale, for
maintaining, changing, or eliminating each exemption.
(2) GAO assessment.--Not later than 120 days after the date
on which the report required under paragraph (1) is
submitted, the Comptroller General shall review the report
and provide to Congress an assessment of the methodology used
for determinations made by the Secretary for maintaining,
changing, or eliminating an exemption.

SEC. 1363. BLAST-RESISTANT CARGO CONTAINERS.

Section 44901 of title 49, United States Code, as amended
by section 1362, is 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 instituted before the date of
enactment of the Transportation Security and Interoperable
Communication Capabilities Act;
``(B) based on that evaluation, begin the acquisition of a
sufficient number of blast-resistant cargo containers to meet
the requirements of the Transportation Security
Administration's cargo security program under paragraph (2);
and
``(C) develop a system under which the Administrator--
``(i) will make such containers available for use by
passenger aircraft operated by air carriers or foreign air
carriers in air transportation or intrastate air
transportation on a random or risk-assessment basis as
determined by the Administrator, in sufficient number to
enable the carriers to meet the requirements of the
Administration's cargo security system; and
``(ii) provide for the storage, maintenance, and
distribution of such containers.
``(2) Distribution to air carriers.--Within 90 days after
the date on which the Administrator completes development of
the system required by paragraph (1)(C), the Administrator of
the Transportation Security Administration shall implement
that system and begin making blast-resistant cargo containers
available to such carriers as necessary.''.

SEC. 1364. PROTECTION OF AIR CARGO ON PASSENGER PLANES FROM
EXPLOSIVES.

(a) Technology Research and Pilot Projects.--
(1) Research and development.--The Secretary of Homeland
Security shall expedite research and development for
technology 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 include blast resistant cargo containers and
other promising technology and will be used in concert with
implementation of section 1363 of this title.
(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 technology 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 funds to remain available until expended.

SEC. 1365. 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 and 2009.''.
(b) Report.--Within 30 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit the
report the Secretary was required by section 4019(d) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (49
U.S.C. 44901 note) to have submitted in conjunction with the
submission of the budget for fiscal year 2006.

SEC. 1366. ENHANCEMENT OF IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

(a) In General.--Section 44923 of title 49, United States
Code, is amended--
(1) by striking ``may'' in subsection (a) and inserting
``shall'';
(2) by striking ``may'' in subsection (d)(1) and inserting
``shall'';
(3) by striking ``2007'' in subsection (h)(1) and inserting
``2028'';
(4) by striking paragraphs (2) and (3) of subsection (h)
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, with priority
given to small hub airports and non-hub airports.''; and
(5) by redesignating subsection (i) as subsection (j), and
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 shall create a
prioritization schedule for airport

[[Page S2416]]

security improvement projects described in section 44923(b)
of title 49, United States Code, based on risk and other
relevant factors, to be funded under the grant program
provided by that section. The schedule shall include both hub
airports (as defined in section 41731(a)(3) of title 49,
United States Code) and nonhub airports (as defined in
section 41731(a)4) of title 49, United States Code).
(2) Airports that have commenced projects.--The schedule
shall include airports that have incurred eligible costs
associated with development of partial 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.--Within 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 Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Homeland Security.

SEC. 1367. RESEARCH AND DEVELOPMENT OF AVIATION
TRANSPORTATION SECURITY TECHNOLOGY.

Section 137(a) of the Aviation and Transportation Security
Act (49 U.S.C. 44912 note) is amended--
(1) by striking ``2002 through 2006,'' and inserting ``2006
through 2009,'';
(2) by striking ``aviation'' and inserting
``transportation''; and
(3) by striking ``2002 and 2003'' and inserting ``2006
through 2009''.

SEC. 1368. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.

(a) In General.--Notwithstanding any provision of law to
the contrary, 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. 1369. 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. 1370. EXPLOSIVE DETECTION AT PASSENGER SCREENING
CHECKPOINTS.

(a) In General.--Within 90 days after the date of enactment
of this Act, the Secretary of Homeland Security shall issue
the strategic plan the Secretary was required by section
44925(a) 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.
(b) Deployment.--Section 44925(b) of title 49, United
States Code, is amended by adding at the end the following:
``(3) Full deployment.--The Secretary shall fully implement
the strategic plan within 1 year after the date of enactment
of the Transportation Security and Interoperable
Communication Capabilities Act.''.

SEC. 1371. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY
DELAYED OR PROHIBITED FROM BOARDING A FLIGHT.

(a) In General.--Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by
adding at the end the following:

``SEC. 432. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY
DELAYED OR PROHIBITED FROM BOARDING A FLIGHT.

``(a) In General.--The Secretary 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, the Bureau of Customs and Border Protection,
or any other Department entity.
``(b) Office of Appeals and Redress.--
``(1) Establishment.--The Secretary shall establish an
Office of Appeals and Redress to oversee the process
established by the Secretary pursuant to subsection (a).
``(2) Records.--The process established by the Secretary
pursuant to subsection (a) shall include the establishment of
a method by which the Office of Appeals and Redress, 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 of
Appeals and Redress 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;
and
``(B) furnish to the Transportation Security
Administration, the Bureau of Customs and Border Protection,
or any other appropriate Department entity, upon request,
such information as may be necessary to allow such agencies
to assist air carriers in improving their administration of
the advanced passenger prescreening system and reduce the
number of false positives.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 431 the
following:

``Sec. 432. Appeal and redress process for passengers wrongly delayed
or prohibited from boarding a flight''.

SEC. 1372. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED
PASSENGER PRESCREENING SYSTEM.

(a) In General.--Not later than 180 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 Congress 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 of the
Transportation Security Administration, 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.--No later than 90 days after the date
of enactment of this Act, the Comptroller General shall
submit a report to the Senate Committee on Commerce, Science,
and Transportation and the House Committee on Homeland
Security 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 the Bureau of 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. 1373. 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 90 days 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 90th day unless the station was
previously certified 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, are each amended by striking ``18 months'' and
inserting ``6 months''.

SEC. 1374. GENERAL AVIATION SECURITY.

Section 44901 of title 49, United States Code, as amended
by section 1363, is amended by adding at the end the
following:
``(k) General Aviation Airport Security Program.--
``(1) In general.--Within 1 year after the date of
enactment of the Transportation Security and Interoperable
Communication Capabilities Act, 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 47135(m)); and
``(B) implement a program to perform such assessments on a
risk-assessment basis at general aviation airports.
``(2) Grant program.--Within 6 months after date of
enactment of the Transportation Security and Interoperable
Communication Capabilities Act, the Administrator shall
initiate and complete a study of the feasibility of a
program, based on a risk-managed approach, to provide grants
to general aviation airport operators for projects to upgrade
security at general aviation airports (as defined in section
47135(m)). If the Administrator determines that such a
program is feasible, the Administrator shall establish such a
program.
``(3) Application to foreign-registered general aviation
aircraft.--Within 180 days after the date of enactment of the
Transportation Security and Interoperable Communication
Capabilities Act, the Administrator shall develop a risk-
based system under which--

[[Page S2417]]

``(A) foreign-registered general aviation aircraft, as
identified by the Administrator, in coordination with the
Administrator of the Federal Aviation Administration, are
required to submit passenger information to the
Transportation Security Administration before entering United
States airspace; and
``(B) such information is checked against appropriate
databases maintained by the Transportation Security
Administration.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security such sums as may be necessary to carry out any
program established under paragraph (2).''.

SEC. 1375. SECURITY CREDENTIALS FOR AIRLINE CREWS.

Within 180 days after the date of enactment of this Act,
the Administrator of the Transportation Security
Administration shall, after consultation with airline,
airport, and flight crew representatives, transmit a report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on the status of its
efforts to institute a sterile area access system or method
that will enhance security by properly identifying authorized
airline flight deck and cabin crew members at screening
checkpoints and granting them expedited access through
screening checkpoints. The Administrator shall include in the
report recommendations on the feasibility of implementing the
system for the domestic aviation industry beginning 1 year
after the date on which the report is submitted. The
Administrator shall begin full implementation of the system
or method not later than 1 year after the date on which the
Administrator transmits the report.

SEC. 1376. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING
CENTER.

(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of Homeland Security
shall enhance and maximize the Department of Homeland
Security's National Explosives Detection Canine Team Program
by doubling its existing capacity so that up to 100
additional canine teams can be brought on each year, a
certain number of which shall be dedicated to high risk
areas, as determined by the Secretary.
(b) Deployment.--The Secretary shall use the canine teams
as part of the Department's layers of defense across all
modes of the transportation network and in other areas, as
deemed appropriate by the Secretary.
(c) Canine Procurement.--The Secretary of Homeland Security
is encouraged to consider the potential benefits of
establishing new canine procurement partnerships throughout
the United States in order to provide a reliable and
consistent source of dogs for the Department's national
explosive detection canine team program.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2008 and 2009.

Subtitle C--Interoperable Emergency Communications

SEC. 1381. 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 grant program to assist public
safety agencies--
``(A) in conducting statewide or regional planning and
coordination to improve the interoperability of emergency
communications;
``(B) in supporting the design and engineering of
interoperable emergency communications systems;
``(C) in supporting the acquisition or deployment of
interoperable communications equipment, software, or systems
that improve or advance the interoperability with public
safety communications systems;
``(D) in obtaining technical assistance and conducting
training exercises related to the use of interoperable
emergency communications equipment and systems; and
``(E) in establishing and implementing a strategic
technology reserve to pre-position or secure interoperable
communications in advance for immediate deployment in an
emergency or major disaster (as defined in section 102(2) of
Public Law 93-288 (42 U.S.C. 5122)); and
``(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 not more than
$100,000,000, in the aggregate, may be allocated for grants
under paragraph (1)(E).'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (l), (m), and (n), respectively, and inserting
after subsection (a) the following:
``(b) Expedited Implementation.--Pursuant to section 4 of
the Call Home Act of 2006, no less than $1,000,000,000 shall
be awarded for grants under subsection (a) no later than
September 30, 2007, subject to the receipt of qualified
applications as determined by the Assistant Secretary.
``(c) Allocation of Funds.--In awarding grants under
subparagraphs (A) through (D) of subsection (a)(1), the
Assistant Secretary shall ensure that grant awards--
``(1) result in distributions to public safety entities
among the several States that are consistent with section
1014(c)(3) of the USA PATRIOT ACT (42 U.S.C. 3714(c)(3)); and
``(2) are prioritized based upon threat and risk factors
that reflect an all-hazards approach to communications
preparedness and that takes into account the risks associated
with, and the likelihood of the occurrence of, terrorist
attacks or natural catastrophes (including, but not limited
to, hurricanes, tornados, storms, high water, winddriven
water, tidal waves, tsunami, earthquakes, volcanic eruptions,
landslides, mudslides, snow and ice storms, forest fires, or
droughts) in a State.
``(d) Eligibility.--To be eligible for assistance under the
grant program established under subsection (a), an applicant
shall submit an application, at such time, in such form, and
containing such information as the Assistant Secretary may
require, including--
``(1) a detailed explanation of how assistance received
under the program would be used to improve regional, State,
or local communications interoperability and ensure
interoperability with other appropriate public safety
agencies in an emergency or a major disaster; and
``(2) assurance that the equipment and system would--
``(A) be compatible with the communications architecture
developed under section 7303(a)(1)(E) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(a)(1)(E));
``(B) meet any voluntary consensus standards developed
under section 7303(a)(1)(D) of that Act (6 U.S.C.
194(a)(1)(D)) to the extent that such standards exist for a
given category of equipment; and
``(C) be consistent with the common grant guidance
established under section 7303(a)(1)(H) of that Act (6 U.S.C.
194(a)(1)(H)).
``(e) Criteria for Certain Grants.--In awarding grants
under subparagraphs (A) through (D) of subsection (a)(1), the
Assistant Secretary shall ensure that all grants funded are
consistent with Federal grant guidance established by the
SAFECOM Program within the Department of Homeland Security.
``(f) Criteria for Strategic Technology Reserve Grants.--
``(1) In general.--In awarding grants under subsection
(a)(1)(E), 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.--A reserve
established under paragraph (1) shall--
``(A) be capable of re-establishing communications when
existing 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) Consultation.--In developing the reserve, the
Assistant Secretary shall seek advice from the Secretary of
Defense and the Secretary of Homeland Security, as well as
national public safety organizations, emergency managers,
State, local, and tribal governments, and commercial
providers of such systems and equipment.
``(5) Allocation and use of funds.--The Assistant Secretary
shall allocate--
``(A) a portion of the reserve's funds for block grants to
States to enable each State to establish a strategic
technology reserve within its borders in a secure location to
allow immediate deployment; and
``(B) a portion of the reserve's funds for regional Federal
strategic technology reserves to facilitate any Federal
response when necessary, to be held in each of the Federal
Emergency Management Agency's regional offices, including
Boston, Massachusetts (Region 1), New York, New York (Region
2), Philadelphia, Pennsylvania (Region 3), Atlanta, Georgia
(Region 4), Chicago, Illinois (Region 5), Denton, Texas
(Region 6), Kansas City, Missouri (Region 7), Denver,
Colorado (Region 8), Oakland, California (Region 9), Bothell,
Washington (Region 10), and each of the noncontiguous States
for immediate deployment.

[[Page S2418]]

``(g) 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.
``(h) Use of Economy Act.--In implementing the grant
program established under subsection (a)(1), the Assistant
Secretary may seek assistance from other Federal agencies in
accordance with section 1535 of title 31, United States Code.
``(i) Inspector General Report.--Beginning with the first
fiscal year beginning after the date of enactment of the
Transportation Security and Interoperable Communication
Capabilities Act, 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.
``(j) Deadline for Implementation Program Rules.--Within 90
days after the date of enactment of the Transportation
Security and Interoperable Communication Capabilities Act,
the Assistant Secretary, in consultation with the Secretary
of Homeland Security and the Federal Communications
Commission, shall promulgate final program rules for the
implementation of this section.
``(k) 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,
notwithstanding compliance with the Project 25 standard.'';
and
(3) by striking paragraph (3) of subsection (n), as so
redesignated.
(b) FCC Report on Emergency Communications Back-up
System.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Federal Communications Commission,
in coordination with the Assistant Secretary of Commerce for
Communications and Information and the Secretary of Homeland
Security, 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 telecommunications
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 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.--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.
(c) Joint Advisory Committee on Communications Capabilities
of Emergency Medical 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 care facilities. The joint advisory
committee shall be composed of individuals with expertise in
communications technologies and emergency medical 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 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
care facilities;
(C) assess options to improve integration of communications
systems used by emergency medical 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 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
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 50 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. 1382. RULE OF CONSTRUCTION.

(a) In General.--Title VI of the Post-Katrina emergency
Management Reform Act of 2006 (Public Law 109-295) is amended
by adding at the end the following:

``SEC. 699B. RULE OF CONSTRUCTION.

``Nothing in this title, including the amendments made by
this title, may be construed to reduce or otherwise limit the
authority of the Department of Commerce or the Federal
Communications Commission.''.
(b) Effective Date.--The amendment made by this section
shall take effect as though enacted as part of the Department
of Homeland Security Appropriations Act, 2007.

SEC. 1383. 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 conjunction with the Department of Homeland Security, 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.

SEC. 1384. 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

[[Page S2419]]

quorum for the 6-month period beginning on the date of
enactment of this Act.

TITLE XIV--PUBLIC TRANSPORTATION TERRORISM PREVENTION

SEC. 1401. SHORT TITLE.

This title may be cited as the ``Public Transportation
Terrorism Prevention Act of 2007''.

SEC. 1402. FINDINGS.

Congress finds that--
(1) 182 public transportation systems throughout the world
have been primary target 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
$84,800,000,000 since 1992 for construction and improvements;
(5) the Federal Government appropriately invested nearly
$24,000,000,000 in fiscal years 2002 through 2006 to protect
our Nation's aviation system;
(6) the Federal Government has allocated $386,000,000 in
fiscal years 2003 through 2006 to protect public
transportation systems in the United States; and
(7) the Federal Government has invested $7.53 in aviation
security improvements per passenger boarding, but only $0.008
in public transportation security improvements per passenger
boarding.

SEC. 1403. SECURITY ASSESSMENTS.

(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
the enactment of this Act, 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) Review.--Not later than July 31, 2007, the Secretary
shall review and augment the security assessments received
under paragraph (1).
(3) Allocations.--The Secretary shall use the security
assessments received under paragraph (1) as the basis for
allocating grant funds under section 1404, unless the
Secretary notifies the Committee on Banking, Housing, and
Urban Affairs of the Senate that the Secretary has determined
an adjustment is necessary to respond to an urgent threat or
other significant factors.
(4) Security improvement priorities.--Not later than
September 30, 2007, the Secretary, after consultation with
the management and employee representatives of each public
transportation system for which a security assessment has
been received under paragraph (1) and with appropriate State
and local officials, shall establish security improvement
priorities that will be used by public transportation
agencies for any funding provided under section 1404.
(5) Updates.--Not later than July 31, 2008, and annually
thereafter, the Secretary shall--
(A) update the security assessments referred to in this
subsection; and
(B) conduct security assessments of all public
transportation agencies considered to be at greatest risk of
a terrorist attack.
(b) Use of Security Assessment Information.--The Secretary
shall use the information collected under subsection (a)--
(1) to establish the process for developing security
guidelines for public transportation security; and
(2) to design a security improvement strategy that--
(A) minimizes terrorist threats to public transportation
systems; and
(B) maximizes the efforts of public transportation systems
to mitigate damage from terrorist attacks.
(c) Bus and Rural Public Transportation Systems.--Not later
than July 31, 2007, the Secretary shall conduct security
assessments, appropriate to the size and nature of each
system, to determine the specific needs of--
(1) local bus-only public transportation systems; and
(2) selected public transportation systems that receive
funds under section 5311 of title 49, United States Code.

SEC. 1404. SECURITY ASSISTANCE GRANTS.

(a) Capital Security Assistance Program.--
(1) In general.--The Secretary shall award grants directly
to public transportation agencies for allowable capital
security improvements based on the priorities established
under section 1403(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or explosive
detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator type
system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary shall award grants directly
to public transportation agencies for allowable operational
security improvements based on the priorities established
under section 1403(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for public transportation employees,
including bus and rail operators, mechanics, customer
service, maintenance employees, transit police, and security
personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or explosives
detection;
(E) overtime reimbursement for enhanced security personnel
during significant national and international public events,
consistent with the priorities established under section
1403(a)(4); and
(F) other appropriate security improvements identified
under section 1403(a)(4), excluding routine, ongoing
personnel costs.
(c) Coordination With State Homeland Security Plans.--In
establishing security improvement priorities under section
1403(a)(4) and in awarding grants for capital security
improvements and operational security improvements under
subsections (a) and (b), respectively, the Secretary shall
ensure that the actions of the Secretary are consistent with
relevant State homeland security plans.
(d) Multi-State Transportation Systems.--In cases where a
public transportation system operates in more than 1 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 1403(a)(4), and
in awarding grants for capital security improvements and
operational security improvements under subsections (a) and
(b), respectively.
(e) Congressional Notification.--Not later than 3 days
before the award of any grant under this section, the
Secretary shall notify the Committee on Homeland Security and
Governmental Affairs and the Committee on Banking, Housing,
and Urban Affairs of the Senate of the intent to award such
grant.
(f) Public Transportation Agency Responsibilities.--Each
public transportation agency that receives a grant under this
section shall--
(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this section; and
(3) report annually to the Secretary on the use of grant
funds received under this section.
(g) Return of Misspent Grant Funds.--If the Secretary
determines that a grantee used any portion of the grant funds
received under this section for a purpose other than the
allowable uses specified for that grant under this section,
the grantee shall return any amount so used to the Treasury
of the United States.

SEC. 1405. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.

(a) In General.--Not later than 90 days after the date of
enactment of this section, the Secretary, in consultation
with appropriate law enforcement, security, and terrorism
experts, representatives of public transportation owners and
operators, and nonprofit employee organizations that
represent public transportation workers, shall develop and
issue detailed regulations for a public transportation worker
security training program to prepare public transportation
workers, including front-line transit employees such as bus
and rail operators, mechanics, customer service employees,
maintenance employees, transit police, and security
personnel, for potential threat conditions.
(b) Program Elements.--The regulations developed under
subsection (a) shall require such a program to include, at a
minimum, elements that address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew and passenger communication and coordination.
(3) Appropriate responses to defend oneself.
(4) Use of protective devices.
(5) Evacuation procedures (including passengers, workers,
and those with disabilities).
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Live situational training exercises regarding various
threat conditions, including tunnel evacuation procedures.
(8) Any other subject the Secretary considers appropriate.
(c) Required Programs.--
(1) In general.--Not later than 90 days after the Secretary
issues regulations under subsection (a) in final form, each
public transportation system that receives a grant under this
title shall develop a public transportation worker security
training program in accordance with those regulations and
submit it to the Secretary for approval.
(2) Approval.--Not later than 30 days after receiving a
public transportation system's program under paragraph (1),
the Secretary shall review the program and approve it or
require the public transportation system to make any
revisions the Secretary considers necessary for the program
to meet the regulations requirements. A public transit agency
shall respond to the Secretary's comments within 30 days
after receiving them.

[[Page S2420]]

(d) Training.--
(1) In general.--Not later than 1 year after the Secretary
approves the training program developed by a public
transportation system under subsection (c), the public
transportation system owner or operator shall complete the
training of all public transportation workers in accordance
with that program.
(2) Report.--The Secretary shall review implementation of
the training program of a representative sample of public
transportation systems and report to the Senate Committee on
Banking, Housing and Urban Affairs, House of Representatives
Committee on Transportation and Infrastructure, the Senate
Homeland Security and Government Affairs Committee and the
House of Representatives Committee on Homeland Security, on
the number of reviews conducted and the results. The
Secretary may submit the report in both classified and
redacted formats as necessary.
(e) Updates.--
(1) In general.--The Secretary shall update the training
regulations issued under subsection (a) from time to time to
reflect new or different security threats, and require public
transportation systems to revise their programs accordingly
and provide additional training to their workers.
(2) Program revisions.--Each public transit operator shall
revise their program in accordance with any regulations under
paragraph (1) and provide additional training to their front-
line workers within a reasonable time after the regulations
are updated.

SEC. 1406. INTELLIGENCE 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) Establishment.--The Secretary shall provide sufficient
financial assistance for the reasonable costs of the
Information Sharing and Analysis Center for Public
Transportation (referred to in this subsection as the
``ISAC'') established pursuant to Presidential Directive 63,
to protect critical infrastructure.
(2) Public transportation agency participation.--The
Secretary--
(A) shall require those public transportation agencies that
the Secretary determines to be at significant risk of
terrorist attack to participate in the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge a fee to any public transportation
agency for participating in the ISAC.

SEC. 1407. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS
AND CONTRACTS.

(a) Grants and Contracts Authorized.--The Secretary,
through the Homeland Security Advanced Research Projects
Agency in the Science and Technology Directorate and in
consultation with the Federal Transit Administration, shall
award grants or contracts to public or private entities to
conduct research into, and demonstrate technologies and
methods to reduce and deter terrorist threats or mitigate
damages resulting from terrorist attacks against public
transportation systems.
(b) Use of Funds.--Grants or contracts awarded under
subsection (a)--
(1) shall be coordinated with Homeland Security Advanced
Research Projects Agency activities; 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; and
(D) research other technologies or methods for reducing or
deterring terrorist attacks against public transportation
systems, or mitigating damage from such attacks.
(c) 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.
(d) 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 (b), the grantee or contractor shall return
any amount so used to the Treasury of the United States.

SEC. 1408. REPORTING REQUIREMENTS.

(a) Semi-Annual Report to Congress.--
(1) In general.--Not later than March 31 and September 30
each year, the Secretary shall submit a report, containing
the information described in paragraph (2), to--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Appropriations of the Senate.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of the implementation of the provisions
of sections 1403 through 1406;
(B) the amount of funds appropriated to carry out the
provisions of each of sections 1403 through 1406 that have
not been expended or obligated; and
(C) the state of public transportation security in the
United States.
(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 title.
(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. 1409. AUTHORIZATION OF APPROPRIATIONS.

(a) Capital Security Assistance Program.--There are
authorized to be appropriated to carry out the provisions of
section 1404(a) and remain available until expended--
(1) such sums as are necessary in fiscal year 2007;
(2) $536,000,000 for fiscal year 2008;
(3) $772,000,000 for fiscal year 2009; and
(4) $1,062,000,000 for fiscal year 2010.
(b) Operational Security Assistance Program.--There are
authorized to be appropriated to carry out the provisions of
section 1404(b)--
(1) such sums as are necessary in fiscal year 2007;
(2) $534,000,000 for fiscal year 2008;
(3) $333,000,000 for fiscal year 2009; and
(4) $133,000,000 for fiscal year 2010.
(c) Intelligence.--There are authorized to be appropriated
such sums as may be necessary to carry out the provisions of
section 1405.
(d) Research.--There are authorized to be appropriated to
carry out the provisions of section 1407 and remain available
until expended--
(1) such sums as are necessary in fiscal year 2007;
(2) $30,000,000 for fiscal year 2008;
(3) $45,000,000 for fiscal year 2009; and
(4) $55,000,000 for fiscal year 2010.

SEC. 1410. SUNSET PROVISION.

The authority to make grants under this title shall expire
on October 1, 2011.

TITLE XV--MISCELLANEOUS PROVISIONS

SEC. 1501. DEPUTY SECRETARY OF HOMELAND SECURITY FOR
MANAGEMENT.

(a) Establishment and Succession.--Section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Deputy
Secretary'' and inserting ``Deputy Secretaries'';
(B) by striking paragraph (6);
(C) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(D) by striking paragraph (1) and inserting the following:
``(1) A Deputy Secretary of Homeland Security.
``(2) A Deputy Secretary of Homeland Security for
Management.''; and
(2) by adding at the end the following:
``(g) Vacancies.--
``(1) Vacancy in office of secretary.--
``(A) Deputy secretary.--In case of a vacancy in the office
of the Secretary, or of the absence or disability of the
Secretary, the Deputy Secretary of Homeland Security may
exercise all the duties of that office, and for the purpose
of section 3345 of title 5, United States Code, the Deputy
Secretary of Homeland Security is the first assistant to the
Secretary.
``(B) Deputy secretary for management.--When by reason of
absence, disability, or vacancy in office, neither the
Secretary nor the Deputy Secretary of Homeland Security is
available to exercise the duties of the office of the
Secretary, the Deputy Secretary of Homeland Security for
Management shall act as Secretary.
``(2) Vacancy in office of deputy secretary.--In the case
of a vacancy in the office of the Deputy Secretary of
Homeland Security, or of the absence or disability of the
Deputy Secretary of Homeland Security, the Deputy Secretary
of Homeland Security for Management may exercise all the
duties of that office.
``(3) Further order of succession.--The Secretary may
designate such other officers of the Department in further
order of succession to act as Secretary.''.
(b) Responsibilities.--Section 701 of the Homeland Security
Act of 2002 (6 U.S.C. 341) is amended--
(1) in the section heading, by striking ``UNDER SECRETARY''
and inserting ``DEPUTY SECRETARY OF HOMELAND SECURITY'';
(2) in subsection (a)--
(A) by inserting ``The Deputy Secretary of Homeland
Security 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'';
(B) by striking ``Under Secretary for Management'' and
inserting ``Deputy Secretary of Homeland Security for
Management'';
(C) by striking paragraph (7) and inserting the following:
``(7) Strategic planning and annual performance planning
and identification and tracking of performance measures
relating to the responsibilities of the Department.''; and
(D) by striking paragraph (9), and inserting the following:
``(9) The integration and transformation process, to ensure
an efficient and orderly

[[Page S2421]]

consolidation of functions and personnel to the Department,
including the development of a management integration
strategy for the Department.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``Under Secretary for
Management'' and inserting ``Deputy Secretary of Homeland
Security for Management''; and
(B) in paragraph (2), by striking ``Under Secretary for
Management'' and inserting ``Deputy Secretary of Homeland
Security for Management''.
(c) Appointment, Evaluation, and Reappointment.--Section
701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended by adding at the end the following:
``(c) Appointment, Evaluation, and Reappointment.--The
Deputy Secretary of Homeland Security for Management--
``(1) shall 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) shall--
``(A) serve for a term of 5 years; and
``(B) be subject to removal by the President if the
President--
``(i) finds that the performance of the Deputy Secretary of
Homeland Security for Management is unsatisfactory; and
``(ii) communicates the reasons for removing the Deputy
Secretary of Homeland Security for Management to Congress
before such removal;
``(3) may be reappointed in accordance with paragraph (1),
if the Secretary has made a satisfactory determination under
paragraph (5) for the 3 most recent performance years;
``(4) shall enter into an annual performance agreement with
the Secretary that shall set forth measurable individual and
organizational goals; and
``(5) shall be subject to an annual performance evaluation
by the Secretary, who shall determine as part of each such
evaluation whether the Deputy Secretary of Homeland Security
for Management has made satisfactory progress toward
achieving the goals set out in the performance agreement
required under paragraph (4).''.
(d) Incumbent.--The individual who serves in the position
of Under Secretary for Management of the Department of
Homeland Security on the date of enactment of this Act--
(1) may perform all the duties of the Deputy Secretary of
Homeland Security for Management at the pleasure of the
President, until a Deputy Secretary of Homeland Security for
Management is appointed in accordance with subsection (c) of
section 701 of the Homeland Security Act of 2002 (6 U.S.C.
341), as added by this Act; and
(2) may be appointed Deputy Secretary of Homeland Security
for Management, if such appointment is otherwise in
accordance with sections 103 and 701 of the Homeland Security
Act of 2002 (6 U.S.C. 113 and 341), as amended by this Act.
(e) References.--References in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or relating to the Under
Secretary for Management of the Department of Homeland
Security shall be deemed to refer to the Deputy Secretary of
Homeland Security for Management.
(f) Technical and Conforming Amendments.--
(1) Other reference.--Section 702(a) of the Homeland
Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking
``Under Secretary for Management'' and inserting ``Deputy
Secretary of Homeland Security for Management''.
(2) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b))
is amended by striking the item relating to section 701 and
inserting the following:

``Sec. 701. Deputy Secretary of Homeland Security for Management.''.
(3) 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:
``Deputy Secretary of Homeland Security for Management.''.

SEC. 1502. SENSE OF THE SENATE REGARDING COMBATING DOMESTIC
RADICALIZATION.

(a) Findings.--The Senate finds the following:
(1) The United States is engaged in a struggle against a
transnational terrorist movement of radical extremists
seeking to exploit the religion of Islam through violent
means to achieve ideological ends.
(2) The radical jihadist movement transcends borders and
has been identified as a potential threat within the United
States.
(3) Radicalization has been identified as a precursor to
terrorism.
(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
war on terror.
(5) United States law enforcement agencies have identified
radicalization as an emerging threat and have in recent years
identified cases of ``homegrown'' extremists operating inside
the United States with the intent to provide support for, or
directly commit, a terrorist attack.
(6) The alienation of Muslim populations in the Western
world has been identified as a factor in the spread of
radicalization.
(7) Radicalization cannot be prevented solely through law
enforcement and intelligence measures.
(b) Sense of Senate.--It is the sense of the Senate that
the Secretary, in consultation with other relevant Federal
agencies, should make a priority of countering domestic
radicalization and extremism 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 the American Muslim
community;
(4) developing and implementing, in concert with the
Attorney General and State and local corrections officials, a
program to address prisoner radicalization and post-sentence
reintegration;
(5) pursuing broader avenues of dialogue with the Muslim
community to foster mutual respect, understanding, and trust;
and
(6) working directly with State, local, and community
leaders to--
(A) educate these leaders on the threat of radicalization
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 the
American Muslim community and develop partnerships between
all faiths, including Islam.

SEC. 1503. SENSE OF THE SENATE REGARDING OVERSIGHT OF
HOMELAND SECURITY.

(a) Findings.--The Senate finds the following:
(1) The Senate recognizes the importance and need to
implement the recommendations offered by the National
Commission on Terrorist Attacks Upon the United States (in
this section referred to as the ``Commission'').
(2) Congress considered and passed the National Security
Intelligence Reform Act of 2004 (Public Law 108-458; 118
Stat. 3643) to implement the recommendations of the
Commission.
(3) Representatives of the Department testified at 165
Congressional hearings in calendar year 2004, and 166
Congressional hearings in calendar year 2005.
(4) The Department had 268 representatives testify before
15 committees and 35 subcommittees of the House of
Representatives and 9 committees and 12 subcommittees of the
Senate at 206 congressional hearings in calendar year 2006.
(5) The Senate has been unwilling to reform itself in
accordance with the recommendation of the Commission to
provide better and more streamlined oversight of the
Department.
(b) Sense of Senate.--It is the sense of the Senate that
the Senate should implement the recommendation of the
Commission to ``create a single, principal point of oversight
and review for homeland security.''.

SEC. 1504. REPORT REGARDING BORDER SECURITY.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
Congress regarding ongoing initiatives of the Department 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 a report to Congress 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.
______

SA 276. Mrs. FEINSTEIN (for herself, Mr. Cornyn, Mr. Lautenberg, Mrs.
Boxer, Mrs. Hutchison, Mr. Schumer, Mrs. Clinton, Mr. Obama, Mr.
Menendez, Mr. Casey, and Mr. Kerry) submitted an amendment intended to
be proposed to amendment SA 275 proposed by Mr. Reid (for himself, Mr.
Lieberman, and Ms. Collins) to the bill S. 4, to make the United States
more secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

On page 49, line 12, strike all through the matter
preceding page 106, line 7, and insert the following:

[[Page S2422]]

TITLE II--RISK-BASED FUNDING FOR HOMELAND SECURITY

SEC. 201. RISK-BASED FUNDING FOR HOMELAND SECURITY.

(a) Risk-Based Funding in General.--The Homeland Security
Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is
amended by adding at the end the following:

``TITLE XX--RISK-BASED FUNDING FOR HOMELAND SECURITY

``SEC. 2001. RISK-BASED FUNDING FOR HOMELAND SECURITY.

``(a) Risk-Based Funding.--The Secretary shall ensure that
homeland security grants are allocated based on an assessment
of threat, vulnerability, and consequence to the maximum
extent practicable.
``(b) Covered Grants.--This title applies to grants
provided by the Department to States, regions, or directly
eligible tribes for the primary purpose of improving the
ability of first responders to prevent, prepare for, respond
to, or mitigate threatened or actual terrorist attacks,
especially those involving weapons of mass destruction, and
grants provided by the Department for improving homeland
security, including the following:
``(1) State homeland security grant program.--The State
Homeland Security Grant Program of the Department, or any
successor to such grant program.
``(2) Urban area security initiative.--The Urban Area
Security Initiative of the Department, or any successor to
such grant program.
``(3) Law enforcement terrorism prevention program.--The
Law Enforcement Terrorism Prevention Program of the
Department, or any successor to such grant program.
``(4) Citizen corps program.--The Citizen Corps Program of
the Department, or any successor to such grant program.
``(c) Excluded Programs.--This title does not apply to or
otherwise affect the following Federal grant programs or any
grant under such a program:
``(1) Nondepartment programs.--Any Federal grant program
that is not administered by the Department.
``(2) Fire grant programs.--The fire grant programs
authorized by sections 33 and 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229 and
2229a).
``(3) Emergency management planning and assistance account
grants.--The Emergency Management Performance Grant program
and the Urban Search and Rescue Grants program authorized by
title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195 et seq.), the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
2000 (113 Stat. 1047 et seq.), and the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.).
``(d) Effect on Covered Grants.--Nothing in this Act shall
be construed to require the elimination of a covered grant
program.''.
(b) Covered Grant Eligibility and Criteria.--The Homeland
Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et
seq.), as amended by subsection (a), is amended by adding at
the end the following:

``SEC. 2002. COVERED GRANT ELIGIBILITY AND CRITERIA.

``(a) Grant Eligibility.--
``(1) In general.--
``(A) General eligibility.--Except as provided in
subparagraphs (B) and (C), any State, region, or directly
eligible tribe shall be eligible to apply for a covered
grant.
``(B) Urban area security initiative.--Only a region shall
be eligible to apply for a grant under the Urban Area
Security Initiative of the Department, or any successor to
such grant program.
``(C) State homeland security grant program.--Only a State
shall be eligible to apply for a grant under the State
Homeland Security Grant Program of the Department, or any
successor to such grant program.
``(2) Other grant applicants.--
``(A) In general.--Grants provided by the Department for
improving homeland security, including to seaports, airports,
and other transportation facilities, shall be allocated as
described in section 2001(a).
``(B) Consideration.--Applications for such grants shall be
considered, to the extent determined appropriate by the
Secretary, pursuant to the procedures and criteria
established in this title, except that the eligibility
requirements of paragraph (1) shall not apply.
``(3) Certification of regions.--
``(A) In general.--The Secretary shall certify a geographic
area as a region if--
``(i) the geographic area meets the criteria under section
2007(10)(B) and (C); and
``(ii) the Secretary determines, based on an assessment of
threat, vulnerability, and consequence, that certifying the
geographic area as a region under this title is in the
interest of national homeland security.
``(B) Existing urban area security initiative areas.--
Notwithstanding section 2007(10)(B) and (C), a geographic
area that, on or before the date of enactment of the
Improving America's Security Act of 2007, was designated as a
high-threat urban area for purposes of the Urban Area
Security Initiative, shall be certified by the Secretary as a
region unless the Secretary determines, based on an
assessment of threat, vulnerability, and consequence, that
certifying the geographic area as a region is not in the
interest of national homeland security.
``(b) Grant Criteria.--In awarding covered grants, the
Secretary shall assist States, local governments, and
operators of airports, ports, or similar facilities in
achieving, maintaining, and enhancing the essential
capabilities established by the Secretary under section 2003.
``(c) State Homeland Security Plans.--
``(1) Submission of plans.--The Secretary shall require
that any State applying to the Secretary for a covered grant
shall submit to the Secretary a 3-year State homeland
security plan that--
``(A) demonstrates the extent to which the State has
achieved the essential capabilities that apply to the State;
``(B) demonstrates the needs of the State necessary to
achieve, maintain, or enhance the essential capabilities that
apply to the State;
``(C) includes a prioritization of such needs based on
threat, vulnerability, and consequence assessment factors
applicable to the State;
``(D) describes how the State intends--
``(i) to address such needs at the city, county, regional,
tribal, State, and interstate level, including a precise
description of any regional structure the State has
established for the purpose of organizing homeland security
preparedness activities funded by covered grants;
``(ii) to use all Federal, State, and local resources
available for the purpose of addressing such needs; and
``(iii) to give particular emphasis to regional planning
and cooperation, including the activities of
multijurisdictional planning agencies governed by local
officials, both within its jurisdictional borders and with
neighboring States;
``(E) is developed in consultation with and subject to
appropriate comment by local governments within the State;
and
``(F) with respect to the emergency preparedness of first
responders, addresses the unique aspects of terrorism as part
of a comprehensive State emergency management plan.
``(2) Approval by secretary.--The Secretary may not award
any covered grant to a State unless the Secretary has
approved the applicable State homeland security plan.
``(d) Consistency With State Plans.--The Secretary shall
ensure that each covered grant is used to supplement and
support, in a consistent and coordinated manner, the
applicable State homeland security plan or plans.
``(e) Application for Grant.--
``(1) In general.--Except as otherwise provided in this
subsection, any State, region, directly eligible tribe, or
operator of an airport, port, or similar facility may apply
for a covered grant by submitting to the Secretary an
application at such time, in such manner, and containing such
information as is required under this subsection, or as the
Secretary may reasonably require.
``(2) Deadlines for applications and awards.--All
applications for covered grants shall be submitted at such
time as the Secretary may reasonably require for the fiscal
year for which they are submitted. The Secretary shall award
covered grants for all approved applications for such fiscal
year as soon as practicable, but not later than March 1 of
such year.
``(3) Availability of funds.--All funds awarded by the
Secretary under covered grants in a fiscal year shall be
available for obligation through the end of the second
subsequent fiscal year.
``(4) Minimum contents of application.--The Secretary shall
require that each applicant include in its application, at a
minimum--
``(A) the purpose for which the applicant seeks covered
grant funds and the reasons why the applicant needs the
covered grant to meet the essential capabilities for
terrorism preparedness within the State, region, or directly
eligible tribe or at the airport, port, or similar facility
to which the application pertains;
``(B) a description of how, by reference to the applicable
State homeland security plan or plans under subsection (c),
the allocation of grant funding proposed in the application,
including, where applicable, the amount not passed through
under section 2006(g)(1), would assist in fulfilling the
essential capabilities specified in such plan or plans;
``(C) a statement of whether a mutual aid agreement applies
to the use of all or any portion of the covered grant funds;
``(D) if the applicant is a State, a description of how the
State plans to allocate the covered grant funds to regions,
local governments, and Indian tribes;
``(E) if the applicant is a region--
``(i) a precise geographical description of the region and
a specification of all participating and nonparticipating
local governments within the geographical area comprising
that region;
``(ii) a specification of what governmental entity within
the region will administer the expenditure of funds under the
covered grant;
``(iii) a designation of a specific individual to serve as
regional liaison; and
``(iv) a description of how the governmental entity
administering the expenditure of funds under the covered
grant plans to allocate the covered grant funds to States,
local governments, and Indian tribes;
``(F) a capital budget showing how the applicant intends to
allocate and expend the covered grant funds; and
``(G) if the applicant is a directly eligible tribe, a
designation of a specific individual to serve as the tribal
liaison.
``(5) Regional applications.--

[[Page S2423]]

``(A) Relationship to state applications.--A regional
application--
``(i) shall be coordinated with an application submitted by
the State or States of which such region is a part;
``(ii) shall supplement and avoid duplication with such
State application; and
``(iii) shall address the unique regional aspects of such
region's terrorism preparedness needs beyond those provided
for in the application of such State or States.
``(B) State review and submission.--To ensure the
consistency required under subsection (d) and the
coordination required under subparagraph (A) of this
paragraph, an applicant that is a region shall submit its
application to each State of which any part is included in
the region for review and concurrence before the submission
of such application to the Secretary. The regional
application shall be transmitted to the Secretary through
each such State within 30 days after receipt of the
application by that State, unless the Governor of such a
State notifies the Secretary, in writing, that such regional
application is inconsistent with the State's homeland
security plan and provides an explanation of the reasons
therefor.
``(C) Distribution of regional awards.--If the Secretary
approves a regional application, then the Secretary shall
distribute a regional award to the State or States submitting
the applicable regional application under subparagraph (B),
and each such State shall, not later than the end of the 45-
day period beginning on the date after receiving a regional
award, pass through to the region all covered grant funds or
resources purchased with such funds, except those funds
necessary for the State to carry out its responsibilities
with respect to such regional application. In no such case
shall the State or States pass through to the region less
than 80 percent of the regional award.
``(D) Certifications regarding distribution of grant funds
to regions.--Any State that receives a regional award under
subparagraph (C) shall certify to the Secretary, by not later
than 30 days after the expiration of the period described in
subparagraph (C) with respect to the grant, that the State
has made available to the region the required funds and
resources in accordance with subparagraph (C).
``(E) Direct payments to regions.--If any State fails to
pass through a regional award to a region as required by
subparagraph (C) within 45 days after receiving such award
and does not request or receive an extension of such period
under section 2006(h)(2), the region may petition the
Secretary to receive directly the portion of the regional
award that is required to be passed through to such region
under subparagraph (C).
``(F) Regional liaisons.--A regional liaison designated
under paragraph (4)(E)(iii) shall--
``(i) coordinate with Federal, State, local, regional, and
private officials within the region concerning terrorism
preparedness;
``(ii) develop a process for receiving input from Federal,
State, local, regional, and private sector officials within
the region to assist in the development of the regional
application and to improve the region's access to covered
grants; and
``(iii) administer, in consultation with State, local,
regional, and private officials within the region, covered
grants awarded to the region.
``(6) Tribal applications.--
``(A) Submission to the state or states.--To ensure the
consistency required under subsection (d), an applicant that
is a directly eligible tribe shall submit its application to
each State within the boundaries of which any part of such
tribe is located for direct submission to the Department
along with the application of such State or States.
``(B) Opportunity for state comment.--Before awarding any
covered grant to a directly eligible tribe, the Secretary
shall provide an opportunity to each State within the
boundaries of which any part of such tribe is located to
comment to the Secretary on the consistency of the tribe's
application with the State's homeland security plan. Any such
comments shall be submitted to the Secretary concurrently
with the submission of the State and tribal applications.
``(C) Final authority.--The Secretary shall have final
authority to determine the consistency of any application of
a directly eligible tribe with the applicable State homeland
security plan or plans, and to approve any application of
such tribe. The Secretary shall notify each State within the
boundaries of which any part of such tribe is located of the
approval of an application by such tribe.
``(D) Tribal liaison.--A tribal liaison designated under
paragraph (4)(G) shall--
``(i) coordinate with Federal, State, and private sector
officials to assist in the development of the application of
such tribe and to improve the tribe's access to covered
grants; and
``(ii) administer, in consultation with State, local,
regional, and private officials, covered grants awarded to
such tribe.
``(E) Limitation on the number of direct grants.--The
Secretary may make covered grants directly to not more than
20 directly eligible tribes per fiscal year.
``(F) Tribes not receiving direct grants.--An Indian tribe
that does not receive a grant directly under this section is
eligible to receive funds under a covered grant from the
State or States within the boundaries of which any part of
such tribe is located, consistent with the homeland security
plan of the State as described in subsection (c). If a State
fails to comply with section 2006(g)(1), the tribe may
request payment under section 2006(h)(3) in the same manner
as a local government.
``(7) Equipment standards.--If an applicant for a covered
grant proposes to upgrade or purchase, with assistance
provided under the grant, new equipment or systems that do
not meet or exceed any applicable national voluntary
consensus standards established by the Secretary under
section 2005(a), the applicant shall include in the
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.
``(f) Homeland Security Grants Board.--
``(1) Establishment of board.--The Secretary shall
establish a Homeland Security Grants Board, consisting of--
``(A) the Secretary;
``(B) the Deputy Secretary of Homeland Security;
``(C) the Under Secretary for Emergency Preparedness and
Response;
``(D) the Under Secretary for Border and Transportation
Security;
``(E) the Under Secretary for Information Analysis and
Infrastructure Protection;
``(F) the Under Secretary for Science and Technology; and
``(G) the Director of the Office of State and Local
Government Coordination.
``(2) Chairman.--
``(A) In general.--The Secretary shall be the Chairman of
the Board.
``(B) Exercise of authorities by deputy secretary.--The
Deputy Secretary of Homeland Security may exercise the
authorities of the Chairman, if the Secretary so directs.
``(3) Risk-based ranking of grant applications.--
``(A) Prioritization of grants.--The Board--
``(i) shall evaluate and annually prioritize all pending
applications for covered grants based upon the degree to
which they would, by achieving, maintaining, or enhancing the
essential capabilities of the applicants on a nationwide
basis, lessen the threat to, vulnerability of, and
consequences for persons and critical infrastructure; and
``(ii) in evaluating the threat to persons and critical
infrastructure for purposes of prioritizing covered grants,
shall give greater weight to threats of terrorism based on
their specificity and credibility, including any pattern of
repetition.
``(B) Minimum amounts.--
``(i) In general.--After evaluating and prioritizing grant
applications under subparagraph (A), the Board shall ensure
that, for each fiscal year, each State that has an approved
State homeland security plan receives no less than 0.25
percent of the funds available for the State Homeland
Security Grant Program, as described in section 2001(b)(1),
for that fiscal year for purposes of implementing its
homeland security plan in accordance with the prioritization
of additional needs under subsection (c)(1)(C).
``(ii) Other entities.--Notwithstanding clause (i), the
Board shall ensure that, for each fiscal year, American
Samoa, the Commonwealth of the Northern Mariana Islands,
Guam, and the Virgin Islands each receive 0.08 percent of the
funds available for the State Homeland Security Grant
Program, as described in section 2001(b)(1), for that fiscal
year for purposes of implementing its homeland security plan
in accordance with the prioritization of additional needs
under subsection (c)(1)(C).
``(4) Functions of under secretaries.--The Under
Secretaries referred to in paragraph (1) shall seek to ensure
that the relevant expertise and input of the staff of their
directorates are available to and considered by the Board.''.

SEC. 202. ESSENTIAL CAPABILITIES, TASK FORCES, AND STANDARDS.

The Homeland Security Act of 2002 (Public Law 107-296; 6
U.S.C. 361 et seq.), as amended by section 201, is amended by
adding at the end the following:

``SEC. 2003. ESSENTIAL CAPABILITIES FOR HOMELAND SECURITY.

``(a) Establishment of Essential Capabilities.--
``(1) In general.--For purposes of making covered grants,
the Secretary shall establish clearly defined essential
capabilities for State and local government preparedness for
terrorism, in consultation with--
``(A) the Task Force on Essential Capabilities established
under section 2004;
``(B) the Under Secretaries for Emergency Preparedness and
Response, Border and Transportation Security, Information
Analysis and Infrastructure Protection, and Science and
Technology, and the Director of the Office of State and Local
Government Coordination;
``(C) the Secretary of Health and Human Services;
``(D) other appropriate Federal agencies;
``(E) State and local first responder agencies and
officials; and
``(F) consensus-based standard making organizations
responsible for setting standards relevant to the first
responder community.
``(2) Deadlines.--The Secretary shall--
``(A) establish essential capabilities under paragraph (1)
within 30 days after receipt of the report under section
2004(b); and
``(B) regularly update such essential capabilities as
necessary, but not less than every 3 years.

[[Page S2424]]

``(3) Provision of essential capabilities.--The Secretary
shall ensure that a detailed description of the essential
capabilities established under paragraph (1) is provided
promptly to the States and to Congress. The States shall make
the essential capabilities available as necessary and
appropriate to local governments and operators of airports,
ports, and other similar facilities within their
jurisdictions.
``(b) Objectives.--The Secretary shall ensure that
essential capabilities established under subsection (a)(1)
meet the following objectives:
``(1) Specificity.--The determination of essential
capabilities specifically shall describe the training,
planning, personnel, and equipment that different types of
communities in the Nation should possess, or to which they
should have access, in order to meet the Department's goals
for terrorism preparedness based upon--
``(A) the most current risk assessment available by the
Directorate for Information Analysis and Infrastructure
Protection of the threats of terrorism against the United
States;
``(B) the types of threats, vulnerabilities, geography,
size, and other factors that the Secretary has determined to
be applicable to each different type of community; and
``(C) the principles of regional coordination and mutual
aid among State and local governments.
``(2) Flexibility.--The establishment of essential
capabilities shall be sufficiently flexible to allow State
and local government officials to set priorities based on
particular needs, while reaching nationally determined
terrorism preparedness levels within a specified time period.
``(3) Measurability.--The establishment of essential
capabilities shall be designed to enable measurement of
progress toward specific terrorism preparedness goals.
``(4) Comprehensiveness.--The determination of essential
capabilities for terrorism preparedness shall be made within
the context of a comprehensive State emergency management
system.
``(c) Factors To Be Considered.--
``(1) In general.--In establishing essential capabilities
under subsection (a)(1), the Secretary specifically shall
consider the variables of threat, vulnerability, and
consequences with respect to the Nation's population
(including transient commuting and tourist populations) and
critical infrastructure. Such consideration shall be based
upon the most current risk assessment available by the
Directorate for Information Analysis and Infrastructure
Protection of the threats of terrorism against the United
States.
``(2) Critical infrastructure sectors.--The Secretary
specifically shall consider threats of terrorism against the
following critical infrastructure sectors in all areas of the
Nation, urban and rural:
``(A) Agriculture.
``(B) Banking and finance.
``(C) Chemical industries.
``(D) The defense industrial base.
``(E) Emergency services.
``(F) Energy.
``(G) Food.
``(H) Government.
``(I) Postal and shipping.
``(J) Public health.
``(K) Information and telecommunications networks.
``(L) Transportation.
``(M) Water.
The order in which the critical infrastructure sectors are
listed in this paragraph shall not be construed as an order
of priority for consideration of the importance of such
sectors.
``(3) Types of threat.--The Secretary specifically shall
consider the following types of threat to the critical
infrastructure sectors described in paragraph (2), and to
populations in all areas of the Nation, urban and rural:
``(A) Biological threats.
``(B) Nuclear threats.
``(C) Radiological threats.
``(D) Incendiary threats.
``(E) Chemical threats.
``(F) Explosives.
``(G) Suicide bombers.
``(H) Cyber threats.
``(I) Any other threats based on proximity to specific past
acts of terrorism or the known activity of any terrorist
group.
The order in which the types of threat are listed in this
paragraph shall not be construed as an order of priority for
consideration of the importance of such threats.
``(4) Consideration of additional factors.--In establishing
essential capabilities under subsection (a)(1), the Secretary
shall take into account any other specific threat to a
population (including a transient commuting or tourist
population) or critical infrastructure sector that the
Secretary has determined to exist.

``SEC. 2004. TASK FORCE ON ESSENTIAL CAPABILITIES.

``(a) Establishment.--To assist the Secretary in
establishing essential capabilities under section 2003(a)(1),
the Secretary shall establish an advisory body pursuant to
section 871(a) not later than 60 days after the date of the
enactment of this section, which shall be known as the Task
Force on Essential Capabilities.
``(b) Report.--
``(1) In general.--The Task Force shall submit to the
Secretary, not later than 9 months after its establishment by
the Secretary under subsection (a) and every 3 years
thereafter, a report on its recommendations for essential
capabilities for preparedness for terrorism.
``(2) Contents.--The report shall--
``(A) include a priority ranking of essential capabilities
in order to provide guidance to the Secretary and to Congress
on determining the appropriate allocation of, and funding
levels for, first responder needs;
``(B) set forth a methodology by which any State or local
government will be able to determine the extent to which it
possesses or has access to the essential capabilities that
States and local governments having similar risks should
obtain;
``(C) describe the availability of national voluntary
consensus standards, and whether there is a need for new
national voluntary consensus standards, with respect to first
responder training and equipment;
``(D) include such additional matters as the Secretary may
specify in order to further the terrorism preparedness
capabilities of first responders; and
``(E) include such revisions to the contents of past
reports as are necessary to take into account changes in the
most current risk assessment available by the Directorate for
Information Analysis and Infrastructure Protection or other
relevant information as determined by the Secretary.
``(3) Consistency with federal working group.--The Task
Force shall ensure that its recommendations for essential
capabilities are, to the extent feasible, consistent with any
preparedness goals or recommendations of the Federal working
group established under section 319F(a) of the Public Health
Service Act (42 U.S.C. 247d-6(a)).
``(4) Comprehensiveness.--The Task Force shall ensure that
its recommendations regarding essential capabilities for
terrorism preparedness are made within the context of a
comprehensive State emergency management system.
``(5) Prior measures.--The Task Force shall ensure that its
recommendations regarding essential capabilities for
terrorism preparedness take into account any capabilities
that State or local officials have determined to be essential
and have undertaken since September 11, 2001, to prevent or
prepare for terrorist attacks.
``(c) Membership.--
``(1) In general.--The Task Force shall consist of 35
members appointed by the Secretary, and shall, to the extent
practicable, represent a geographic and substantive cross
section of governmental and nongovernmental first responder
disciplines from the State and local levels, including as
appropriate--
``(A) members selected from the emergency response field,
including fire service and law enforcement, hazardous
materials response, emergency medical services, and emergency
management personnel (including public works personnel
routinely engaged in emergency response);
``(B) health scientists, emergency and inpatient medical
providers, and public health professionals, including experts
in emergency health care response to chemical, biological,
radiological, and nuclear terrorism, and experts in providing
mental health care during emergency response operations;
``(C) experts from Federal, State, and local governments,
and the private sector, representing standards-setting
organizations, including representation from the voluntary
consensus codes and standards development community,
particularly those with expertise in first responder
disciplines; and
``(D) State and local officials with expertise in terrorism
preparedness, subject to the condition that if any such
official is an elected official representing 1 of the 2 major
political parties, an equal number of elected officials shall
be selected from each such party.
``(2) Coordination with the department of health and human
services.--In the selection of members of the Task Force who
are health professionals, including emergency medical
professionals, the Secretary shall coordinate the selection
with the Secretary of Health and Human Services.
``(3) Ex officio members.--The Secretary and the Secretary
of Health and Human Services shall each designate 1 or more
officers of their respective Departments to serve as ex
officio members of the Task Force. One of the ex officio
members from the Department of Homeland Security shall be the
designated officer of the Federal Government for purposes of
subsection (e) of section 10 of the Federal Advisory
Committee Act (5 App. U.S.C.).
``(d) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory
Committee Act (5 U.S.C. App.), including subsections (a),
(b), and (d) of section 10 of such Act, and section 552b(c)
of title 5, United States Code, shall apply to the Task
Force.

``SEC. 2005. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT
AND TRAINING.

``(a) Equipment Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office of
State and Local Government Coordination, shall, not later
than 6 months after the date of enactment of this section,
support the development of, promulgate, and update as
necessary national voluntary consensus standards for the
performance, use, and validation of first responder equipment

[[Page S2425]]

for purposes of section 2002(e)(7). Such standards--
``(A) shall be, to the maximum extent practicable,
consistent with any existing voluntary consensus standards;
``(B) shall take into account, as appropriate, new types of
terrorism threats that may not have been contemplated when
such existing standards were developed;
``(C) shall be focused on maximizing interoperability,
interchangeability, durability, flexibility, efficiency,
efficacy, portability, sustainability, and safety; and
``(D) shall cover all appropriate uses of the equipment.
``(2) Required categories.--In carrying out paragraph (1),
the Secretary shall specifically consider the following
categories of first responder equipment:
``(A) Thermal imaging equipment.
``(B) Radiation detection and analysis equipment.
``(C) Biological detection and analysis equipment.
``(D) Chemical detection and analysis equipment.
``(E) Decontamination and sterilization equipment.
``(F) Personal protective equipment, including garments,
boots, gloves, and hoods, and other protective clothing.
``(G) Respiratory protection equipment.
``(H) Interoperable communications, including wireless and
wireline voice, video, and data networks.
``(I) Explosive mitigation devices and explosive detection
and analysis equipment.
``(J) Containment vessels.
``(K) Contaminant-resistant vehicles.
``(L) Such other equipment for which the Secretary
determines that national voluntary consensus standards would
be appropriate.
``(b) Training Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office of
State and Local Government Coordination, shall support the
development of, promulgate, and regularly update as necessary
national voluntary consensus standards for first responder
training carried out with amounts provided under covered
grant programs, that will enable State and local government
first responders to achieve optimal levels of terrorism
preparedness as quickly as practicable. Such standards shall
give priority to providing training to--
``(A) enable first responders to prevent, prepare for,
respond to, and mitigate terrorist threats, including threats
from chemical, biological, nuclear, and radiological weapons
and explosive devices capable of inflicting significant human
casualties; and
``(B) familiarize first responders with the proper use of
equipment, including software, developed pursuant to the
standards established under subsection (a).
``(2) Required categories.--In carrying out paragraph (1),
the Secretary specifically shall include the following
categories of first responder activities:
``(A) Regional planning.
``(B) Joint exercises.
``(C) Intelligence collection, analysis, and sharing.
``(D) Emergency notification of affected populations.
``(E) Detection of biological, nuclear, radiological, and
chemical weapons of mass destruction.
``(F) Such other activities for which the Secretary
determines that national voluntary consensus training
standards would be appropriate.
``(3) Consistency.--In carrying out this subsection, the
Secretary shall ensure that such training standards are
consistent with the principles of emergency preparedness for
all hazards.
``(c) Consultation With Standards Organizations.--In
establishing national voluntary consensus standards for first
responder equipment and training under this section, the
Secretary shall consult with relevant public and private
sector groups, including--
``(1) the National Institute of Standards and Technology;
``(2) the National Fire Protection Association;
``(3) the National Association of County and City Health
Officials;
``(4) the Association of State and Territorial Health
Officials;
``(5) the American National Standards Institute;
``(6) the National Institute of Justice;
``(7) the Inter-Agency Board for Equipment Standardization
and Interoperability;
``(8) the National Public Health Performance Standards
Program;
``(9) the National Institute for Occupational Safety and
Health;
``(10) ASTM International;
``(11) the International Safety Equipment Association;
``(12) the Emergency Management Accreditation Program;
``(13) the National Domestic Preparedness Consortium; and
``(14) to the extent the Secretary considers appropriate,
other national voluntary consensus standards development
organizations, other interested Federal, State, and local
agencies, and other interested persons.
``(d) Coordination With Secretary of HHS.--In establishing
any national voluntary consensus standards under this section
for first responder equipment or training that involve or
relate to health professionals, including emergency medical
professionals, the Secretary shall coordinate activities
under this section with the Secretary of Health and Human
Services.''.

SEC. 203. EFFECTIVE ADMINISTRATION OF HOMELAND SECURITY
GRANTS.

(a) Use of Grant Funds and Accountability.--The Homeland
Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et
seq.), as amended by sections 201 and 202, is amended by
adding at the end the following:

``SEC. 2006. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

``(a) In General.--A covered grant may be used for--
``(1) purchasing, upgrading, or maintaining equipment,
including computer software, to enhance terrorism
preparedness and response;
``(2) exercises to strengthen terrorism preparedness and
response;
``(3) training for prevention (including detection) of,
preparedness for, or response to attacks involving weapons of
mass destruction, including training in the use of equipment
and computer software;
``(4) developing or updating response plans;
``(5) establishing or enhancing mechanisms for sharing
terrorism threat information;
``(6) systems architecture and engineering, program
planning and management, strategy formulation and strategic
planning, life-cycle systems design, product and technology
evaluation, and prototype development for terrorism
preparedness and response purposes;
``(7) additional personnel costs resulting from--
``(A) elevations in the threat alert level of the Homeland
Security Advisory System by the Secretary, or a similar
elevation in threat alert level issued by a State, region, or
local government with the approval of the Secretary;
``(B) travel to and participation in exercises and training
in the use of equipment and on prevention activities;
``(C) the temporary replacement of personnel during any
period of travel to and participation in exercises and
training in the use of equipment and on prevention
activities; and
``(D) participation in information, investigative, and
intelligence-sharing activities specifically related to
terrorism prevention;
``(8) the costs of equipment (including software) required
to receive, transmit, handle, and store classified
information;
``(9) target hardening to reduce the vulnerability of high-
value targets, as determined by the Secretary;
``(10) protecting critical infrastructure against potential
attack by the addition of barriers, fences, gates, and other
such devices, except that the cost of such measures may not
exceed the greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the covered grant;
``(11) the costs of commercially available interoperable
communications equipment (which, where applicable, is based
on national, voluntary consensus standards) that the
Secretary, in consultation with the Chairman of the Federal
Communications Commission, determines best suited to
facilitate interoperability, coordination, and integration
between and among emergency communications systems, and that
complies with prevailing grant guidance of the Department for
interoperable communications;
``(12) educational curricula development for first
responders to ensure that they are prepared for terrorist
attacks;
``(13) training and exercises to assist public elementary
and secondary schools in developing and implementing programs
to instruct students regarding age-appropriate skills to
prepare for and respond to an act of terrorism;
``(14) paying of administrative expenses directly related
to administration of the grant, except that such expenses may
not exceed 3 percent of the amount of the grant; and
``(15) other appropriate activities as determined by the
Secretary.
``(b) Prohibited Uses.--Funds provided as a covered grant
may not be used--
``(1) to supplant State or local funds that have been
obligated for a homeland security or other first responder-
related project;
``(2) to construct buildings or other physical facilities,
except for--
``(A) activities under section 611 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196); and
``(B) upgrading facilities to protect against, test for,
and treat the effects of biological agents, which shall be
included in the homeland security plan approved by the
Secretary under section 2002(c);
``(3) to acquire land; or
``(4) for any State or local government cost-sharing
contribution.
``(c) Multiple-Purpose Funds.--Nothing in this section
shall be construed to preclude State and local governments
from using covered grant funds in a manner that also enhances
first responder preparedness for emergencies and disasters
unrelated to acts of terrorism, if such use assists such
governments in achieving essential capabilities for terrorism
preparedness established by the Secretary under section 2003.
``(d) Reimbursement of Costs.--In addition to the
activities described in subsection (a), a covered grant may
be used to provide a reasonable stipend to paid-on-call or
volunteer first responders who are not otherwise compensated
for travel to or participation in

[[Page S2426]]

training covered by this section. Any such reimbursement
shall not be considered compensation for purposes of
rendering such a first responder an employee under the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
``(e) Assistance Requirement.--The Secretary may not
request that equipment paid for, wholly or in part, with
funds provided as a covered grant be made available for
responding to emergencies in surrounding States, regions, and
localities, unless the Secretary pays the costs directly
attributable to transporting and operating such equipment
during such response.
``(f) Flexibility in Unspent Homeland Security Grant
Funds.--Upon request by the recipient of a covered grant, the
Secretary may authorize the grantee to transfer all or part
of funds provided as the covered grant from uses specified in
the grant agreement to other uses authorized under this
section, if the Secretary determines that such transfer is in
the interests of homeland security.
``(g) State, Regional, and Tribal Responsibilities.--
``(1) Pass-through.--The Secretary shall require a
recipient of a covered grant that is a State to obligate or
otherwise make available to local governments, first
responders, and other local groups, to the extent required
under the State homeland security plan or plans specified in
the application for the grant, not less than 80 percent of
the grant funds, resources purchased with the grant funds
having a value equal to at least 80 percent of the amount of
the grant, or a combination of funds and resources having
value equal to at least 80 percent of the amount of the
grant, by not later than the end of the 45-day period
beginning on the date the grant recipient receives the grant
funds.
``(2) Certifications regarding distribution of grant funds
to local governments.--Any State that receives a covered
grant shall certify to the Secretary, by not later than 30
days after the expiration of the period described in
paragraph (1) with respect to the grant, that the State has
made available for expenditure by local governments, first
responders, and other local groups the required amount of
grant funds under paragraph (1).
``(3) Quarterly report on homeland security spending.--Each
recipient of a covered grant shall submit a quarterly report
to the Secretary not later than 30 days after the end of each
fiscal quarter. Each report shall include, for each recipient
of a covered grant or a pass-through under paragraph (1)--
``(A) the amount obligated to that recipient in that
quarter;
``(B) the amount expended by that recipient in that
quarter; and
``(C) a summary description of the items purchased by such
recipient with such amount.
``(4) Annual report on homeland security spending.--Each
recipient of a covered grant shall submit an annual report to
the Secretary not later than 60 days after the end of each
fiscal year. Each recipient of a covered grant that is a
region shall simultaneously submit its report to each State
of which any part is included in the region. Each recipient
of a covered grant that is a directly eligible tribe shall
simultaneously submit its report to each State within the
boundaries of which any part of such tribe is located. Each
report shall include the following:
``(A) The amount, ultimate recipients, and dates of receipt
of all funds received under the grant during the previous
fiscal year.
``(B) The amount and the dates of disbursements of all such
funds expended in compliance with paragraph (1) or pursuant
to mutual aid agreements or other sharing arrangements that
apply within the State, region, or directly eligible tribe,
as applicable, during the previous fiscal year.
``(C) How the funds were utilized by each ultimate
recipient or beneficiary during the preceding fiscal year.
``(D) The extent to which essential capabilities identified
in the applicable State homeland security plan or plans were
achieved, maintained, or enhanced as the result of the
expenditure of grant funds during the preceding fiscal year.
``(E) The extent to which essential capabilities identified
in the applicable State homeland security plan or plans
remain unmet.
``(5) Inclusion of restricted annexes.--A recipient of a
covered grant may submit to the Secretary an annex to the
annual report under paragraph (4) that is subject to
appropriate handling restrictions, if the recipient believes
that discussion in the report of unmet needs would reveal
sensitive but unclassified information.
``(6) Provision of reports.--The Secretary shall ensure
that each annual report under paragraph (4) is provided to
the Under Secretary for Emergency Preparedness and Response
and the Director of the Office of State and Local Government
Coordination.
``(h) Incentives to Efficient Administration of Homeland
Security Grants.--
``(1) Penalties for delay in passing through local share.--
If a recipient of a covered grant that is a State fails to
pass through to local governments, first responders, and
other local groups funds or resources required by subsection
(g)(1) within 45 days after receiving funds under the grant,
the Secretary may--
``(A) reduce grant payments to the grant recipient from the
portion of grant funds that is not required to be passed
through under subsection (g)(1);
``(B) terminate payment of funds under the grant to the
recipient, and transfer the appropriate portion of those
funds directly to local first responders that were intended
to receive funding under that grant; or
``(C) impose additional restrictions or burdens on the
recipient's use of funds under the grant, which may include--
``(i) prohibiting use of such funds to pay the grant
recipient's grant-related overtime or other expenses;
``(ii) requiring the grant recipient to distribute to local
government beneficiaries all or a portion of grant funds that
are not required to be passed through under subsection
(g)(1); or
``(iii) for each day that the grant recipient fails to pass
through funds or resources in accordance with subsection
(g)(1), reducing grant payments to the grant recipient from
the portion of grant funds that is not required to be passed
through under subsection (g)(1), except that the total amount
of such reduction may not exceed 20 percent of the total
amount of the grant.
``(2) Extension of period.--The Governor of a State may
request in writing that the Secretary extend the 45-day
period under section 2002(e)(5)(E) or paragraph (1) of this
subsection for an additional 15-day period. The Secretary may
approve such a request, and may extend such period for
additional 15-day periods, if the Secretary determines that
the resulting delay in providing grant funding to the local
government entities that will receive funding under the grant
will not have a significant detrimental impact on such
entities' terrorism preparedness efforts.
``(3) Provision of non-local share to local government.--
``(A) In general.--The Secretary may upon request by a
local government pay to the local government a portion of the
amount of a covered grant awarded to a State in which the
local government is located, if--
``(i) the local government will use the amount paid to
expedite planned enhancements to its terrorism preparedness
as described in any applicable State homeland security plan
or plans;
``(ii) the State has failed to pass through funds or
resources in accordance with subsection (g)(1); and
``(iii) the local government complies with subparagraph
(B).
``(B) Showing required.--To receive a payment under this
paragraph, a local government must demonstrate that--
``(i) it is identified explicitly as an ultimate recipient
or intended beneficiary in the approved grant application;
``(ii) it was intended by the grantee to receive a
severable portion of the overall grant for a specific purpose
that is identified in the grant application;
``(iii) it petitioned the grantee for the funds or
resources after expiration of the period within which the
funds or resources were required to be passed through under
subsection (g)(1); and
``(iv) it did not receive the portion of the overall grant
that was earmarked or designated for its use or benefit.
``(C) Effect of payment.--Payment of grant funds to a local
government under this paragraph--
``(i) shall not affect any payment to another local
government under this paragraph; and
``(ii) shall not prejudice consideration of a request for
payment under this paragraph that is submitted by another
local government.
``(D) Deadline for action by secretary.--The Secretary
shall approve or disapprove each request for payment under
this paragraph by not later than 15 days after the date the
request is received by the Department.
``(i) Reports to Congress.--The Secretary shall submit an
annual report to Congress by December 31 of each year--
``(1) describing in detail the amount of Federal funds
provided as covered grants that were directed to each State,
region, and directly eligible tribe in the preceding fiscal
year;
``(2) containing information on the use of such grant funds
by grantees; and
``(3) describing--
``(A) the Nation's progress in achieving, maintaining, and
enhancing the essential capabilities established under
section 2003(a) as a result of the expenditure of covered
grant funds during the preceding fiscal year; and
``(B) an estimate of the amount of expenditures required to
attain across the United States the essential capabilities
established under section 2003(a).''.
(b) Sense of Congress Regarding Citizen Corps Councils.--
(1) Finding.--Congress finds that Citizen Corps councils
help to enhance local citizen participation in terrorism
preparedness by coordinating multiple Citizen Corps programs,
developing community action plans, assessing possible
threats, and identifying local resources.
(2) Sense of congress.--It is the sense of Congress that
individual Citizen Corps councils should seek to enhance the
preparedness and response capabilities of all organizations
participating in the councils, including by providing funding
to as many of their participating organizations as
practicable to promote local terrorism preparedness programs.
(c) Required Coordination.--The Secretary shall ensure that
there is effective and ongoing coordination of Federal
efforts to prevent, prepare for, and respond to acts

[[Page S2427]]

of terrorism and other major disasters and emergencies among
the divisions of the Department, including the Directorate of
Emergency Preparedness and Response and the Office for State
and Local Government Coordination and Preparedness.
(d) Coordination of Industry Efforts.--Section 102(f) of
the Homeland Security Act of 2002 (6 U.S.C. 112(f)) is
amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon;
(2) in paragraph (10), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(11) coordinating industry efforts, with respect to
functions of the Department, to identify private sector
resources and capabilities that could be effective in
supplementing Federal, State, and local government agency
efforts to prevent or respond to a terrorist attack.''.
(e) Study Regarding Nationwide Emergency Notification
System.--
(1) Study.--The Secretary, in consultation with the heads
of other appropriate Federal agencies and representatives of
providers and participants in the telecommunications
industry, shall conduct a study to determine whether it is
cost effective, efficient, and feasible to establish and
implement an emergency telephonic alert notification system
that will--
(A) alert persons in the United States of imminent or
current hazardous events caused by acts of terrorism; and
(B) provide information to individuals regarding
appropriate measures that may be undertaken to alleviate or
minimize threats to their safety and welfare posed by such
events.
(2) Technologies to consider.--In conducting the study
under paragraph (1), the Secretary shall consider the use of
the telephone, wireless communications, and other existing
communications networks to provide such notification.
(3) Report.--Not later than 9 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report regarding the conclusions of the study conducted
under paragraph (1).
(f) Study of Expansion of Area of Jurisdiction of Office of
National Capital Region Coordination.--
(1) Study.--The Secretary, acting through the Director of
the Office of National Capital Region Coordination, shall
conduct a study of the feasibility and desirability of
modifying the definition of ``National Capital Region''
applicable under section 882 of the Homeland Security Act of
2002 (6 U.S.C. 462) to expand the geographic area under the
jurisdiction of the Office of National Capital Region
Coordination.
(2) Factors.--In conducting the study under paragraph (1),
the Secretary shall analyze whether expanding the geographic
area under the jurisdiction of the Office of National Region
Coordination will--
(A) promote coordination among State and local governments
within the Region, including regional governing bodies, and
coordination of the efforts of first responders; and
(B) enhance the ability of such State and local governments
and the Federal Government to prevent and respond to a
terrorist attack within the Region.
(3) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit a report to
Congress on the study conducted under paragraph (1), and
shall include in the report such recommendations (including
recommendations for legislation to amend section 882 of the
Homeland Security Act of 2002 (6 U.S.C. 462)) as the
Secretary considers appropriate.
(g) Study of Risk Allocation for Port Security Grants.--
(1) Study.--The Secretary shall conduct a study of the
factors to be used for the allocation of funds based on risk
for port security grants made under section 70107 of title
46, United States Code.
(2) Factors.--In conducting the study, the Secretary shall
analyze the volume of international trade and economic
significance of each port.
(3) Report.--Not later than 90 days after the enactment of
the Act, the Secretary shall submit a report to Congress on
the study and shall include recommendations for using such
factors in allocating grant funds to ports.
(h) Study of Allocation of Assistance to Firefighter
Grants.--
(1) Study.--The Secretary shall conduct a study of the
allocation of grant fund awards made under the Assistance to
Firefighter Grants program and shall analyze the distribution
of awards by State.
(2) Factors.--In conducting the study, the Secretary shall
analyze the number of awards and the per capita amount of
grant funds awarded to each State and the level of unmet
firefighting equipment needs in each State. The study shall
also analyze whether allowing local departments to submit
more than 1 annual application and expanding the list of
eligible applicants for such grants to include States will
enhance the ability of State and local governments to respond
to fires.
(3) Report.--Not later than 90 days after the date of
enactment of the Act, the Secretary shall submit a report to
Congress on the study and shall include recommendations for
legislation amending the factors used in allocating grant
funds to insure that critical firefighting needs are
addressed by the program in all areas of the Nation.

SEC. 204. IMPLEMENTATION; DEFINITIONS; TABLE OF CONTENTS.

(a) Technical and Conforming Amendment.--Section 1014 of
the USA PATRIOT ACT (42 U.S.C. 3714) is amended--
(1) by striking subsection (c)(3);
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Administration.--Grants under this section shall be
administered in accordance with title XX of the Homeland
Security Act of 2002.''.
(b) Temporary Limitations on Application.--
(1) 1-year delay in application.--The following provisions
of title XX of the Homeland Security Act of 2002, as added by
this Act, shall not apply during the 1-year period beginning
on the date of enactment of this Act--
(A) Subsections (b), (c), and (e)(4) (A) and (B) of section
2002; and
(B) In section 2002(f)(3)(A)(i), the phrase ``by achieving,
maintaining, or enhancing the essential capabilities of the
applicants on a nationwide basis,''.
(2) 2-year delay in application.--The following provisions
of title XX of the Homeland Security Act of 2002, as added by
this Act, shall not apply during the 2-year period beginning
on the date of enactment of this Act--
(A) Subparagraphs (D) and (E) of section 2006(g)(4); and
(B) Section 2006(i)(3).
(c) Definitions.--
(1) Title xx.--Title XX of the Homeland Security Act of
2002, as amended by sections 201, 202, and 203 is amended by
adding at the end the following:

``SEC. 2007. DEFINITIONS.

``In this title:
``(1) Board.--The term `Board' means the Homeland Security
Grants Board established under section 2002(f).
``(2) Consequence.--The term `consequence' means the
assessment of the effect of a completed attack.
``(3) Covered grant.--The term `covered grant' means any
grant to which this title applies under section 2001(b).
``(4) Directly eligible tribe.--The term `directly eligible
tribe' means any Indian tribe or consortium of Indian tribes
that--
``(A) meets the criteria for inclusion in the qualified
applicant pool for self-governance that are set forth in
section 402(c) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458bb(c));
``(B) employs at least 10 full-time personnel in a law
enforcement or emergency response agency with the capacity to
respond to calls for law enforcement or emergency services;
and
``(C)(i) is located on, or within 5 miles of, an
international border or waterway;
``(ii) is located within 5 miles of a facility designated
as high-risk critical infrastructure by the Secretary;
``(iii) is located within or contiguous to 1 of the 50
largest metropolitan statistical areas in the United States;
or
``(iv) has more than 1,000 square miles of Indian country,
as that term is defined in section 1151 of title 18, United
States Code.
``(5) Elevations in the threat alert level.--The term
`elevations in the threat alert level' means any designation
(including those that are less than national in scope) that
raises the homeland security threat level to either the
highest or second-highest threat level under the Homeland
Security Advisory System referred to in section 201(d)(7).
``(6) Emergency preparedness.--The term `emergency
preparedness' shall have the same meaning that term has under
section 602 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195a).
``(7) Essential capabilities.--The term `essential
capabilities' means the levels, availability, and competence
of emergency personnel, planning, training, and equipment
across a variety of disciplines needed to effectively and
efficiently prevent, prepare for, and respond to acts of
terrorism consistent with established practices.
``(8) First responder.--The term `first responder' shall
have the same meaning as the term `emergency response
provider' under section 2.
``(9) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaskan Native village or regional
or village corporation as defined in or established pursuant
to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601
et seq.), which is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.
``(10) Region.--The term `region' means any geographic
area--
``(A) certified by the Secretary under section 2002(a)(3);
``(B) consisting of all or parts of 2 or more counties,
municipalities, or other local governments and including a
city with a core population exceeding 500,000 according to
the most recent estimate available from the United States
Census; and
``(C) that, for purposes of an application for a covered
grant--
``(i) is represented by 1 or more local governments or
governmental agencies within such geographic area; and

[[Page S2428]]

``(ii) is established by law or by agreement of 2 or more
such local governments or governmental agencies, such as
through a mutual aid agreement.
``(11) Risk-based funding.--The term `risk-based funding'
means the allocation of funds based on an assessment of
threat, vulnerability, and consequence.
``(12) Task force.--The term `Task Force' means the Task
Force on Essential Capabilities established under section
2004.
``(13) Threat.--The term `threat' means the assessment of
the plans, intentions, and capability of an adversary to
implement an identified attack scenario.
``(14) Vulnerability.--The term `vulnerability' means the
degree to which a facility is available or accessible to an
attack, including the degree to which the facility is
inherently secure or has been hardened against such an
attack.''.
(2) Definition of emergency response providers.--Paragraph
(6) of section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101(6)) is amended by striking ``includes'' and all
that follows and inserting ``includes Federal, State, and
local governmental and nongovernmental emergency public
safety, law enforcement, fire, emergency response, emergency
medical (including hospital emergency facilities), and
related personnel, organizations, agencies, and
authorities.''.
(d) Table of Contents.--Section 1(b) of the Homeland
Security Act of 2002 (6 U.S.C. 101 note) is amended in the
table of contents by adding at the end the following:

``TITLE XX--RISK-BASED FUNDING FOR HOMELAND SECURITY

``Sec. 2001. Risk-Based funding for homeland security.
``Sec. 2002. Covered grant eligibility and criteria.
``Sec. 2003. Essential capabilities for homeland security.
``Sec. 2004. Task Force on Essential Capabilities.
``Sec. 2005. National standards for first responder equipment and
training.
``Sec. 2006. Use of funds and accountability requirements.
``Sec. 2007. Definitions.''.

On page 116, line 8, strike ``0.75 percent'' and insert
``0.25 percent''.
On page 116, line 13, strike ``0.25 percent'' and insert
``0.08 percent''.
On page 347, strike lines 19 through 22, and insert the
following:
``(1) result in distributions to public safety entities
among the several States that ensure that for each fiscal
year--
``(A) no State receives less than an amount equal to 0.25
percent of the total funds appropriated for such grants; and
``(B) American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands each receive no
less than 0.08 percent of the amounts appropriated for such
grants; and
______

SA 277. Ms. COLLINS (for herself, Mr. Alexander, Mr. Carper, Ms.
Snowe, Ms. Cantwell, Ms. Mikulski, Mr. Chambliss, and Ms. Murkowski)
proposed an amendment to amendment SA 275 proposed by Mr. Reid (for
himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to make the
United States more secure by implementing unfinished recommendations of
the 9/11 Commission to fight the war on terror more effectively, to
improve homeland security, and for other purposes; as follows:

On page 145, strike line 21 and insert the following:

SEC. 404. IDENTIFICATION DOCUMENTS.

(a) Minimum Document Requirements.--Section 202(a)(1) of
the REAL ID Act of 2005 (49 U.S.C. 30301 note) is amended by
striking ``3 years after the date of the enactment of this
division'' and inserting ``2 years after the promulgation of
final regulations to implement this section''.
(b) Authority To Extend Compliance Deadlines.--Section
205(b) of the REAL ID Act of 2005 (49 U.S.C. 30301 note) is
amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Lack of validation systems.--If the Secretary
determines that the Federal or State electronic systems
required to verify the validity and completeness of documents
under section 202(c)(3) are not available to any State on the
date described in section 202(a)(1), the requirements under
section 202(c)(1) shall not apply to any State until adequate
electronic validation systems are available to all States.''.
(c) Negotiated Rulemaking.--
(1) Negotiated rulemaking committee.--Not later than 30
days after the date of the enactment of this Act, the
Secretary shall reconvene the committee originally
established pursuant to section 7212(b)(4) of the 9/11
Commission Implementation Act of 2004 (49 U.S.C. 30301 note),
with the addition of any new interested parties, including
experts in privacy protection, experts in civil liberties and
protection of constitutional rights, and experts in
immigration law, to--
(A) review the regulations proposed by the Secretary to
implement section 202 of the REAL ID Act of 2005 (49 U.S.C.
30301 note);
(B) review the provisions of the REAL ID Act of 2005;
(C) submit recommendations to the Secretary regarding
appropriate modifications to such regulations; and
(D) submit recommendations to the Secretary and Congress
regarding appropriate modifications to the REAL ID Act of
2005.
(2) Criteria.--In conducting the review under paragraph
(1)(A), the committee shall consider, in addition to other
factors at the discretion of the committee, modifications to
the regulations to--
(A) minimize conflicts between State laws regarding
driver's license eligibility;
(B) include procedures and requirements to protect the
Federal and State constitutional rights, civil liberties, and
privacy rights of individuals who apply for and hold driver's
licenses and personal identification cards;
(C) protect the security of all personal information
maintained in electronic form;
(D) provide individuals with procedural and substantive due
process, including rules and right of appeal, to challenge
errors in data records contained within the databases created
to implement section 202 of the REAL ID Act of 2005;
(E) ensure that private entities are not permitted to scan
the information contained on the face of a license, or in the
machine readable component of the license, and resell, share,
or trade such information with third parties;
(F) provide a fair system of funding to limit the costs of
meeting the requirements of section 202 of the REAL ID Act of
2005;
(G) facilitate the management of vital identity-proving
records; and
(H) improve the effectiveness and security of Federal
documents used to validate identification.
(3) Rulemaking.--To the extent that the final regulations
to implement section 202 of the REAL ID Act of 2005 do not
reflect the modifications recommended by the committee
pursuant to paragraph (1)(C), the Secretary shall include,
with such regulations in the Federal Register, the reasons
for rejecting such modifications.
(4) Reports.--Not later than 120 days after reconvening
under paragraph (1), the committee shall submit a report to
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives that includes--
(A) the list of recommended modifications to the
regulations that were submitted to the Secretary under
paragraph (1)(C); and
(B) a list of recommended amendments to the Real ID Act of
2005 that would address any concerns that could not be
resolved by regulation.
(d) Enhanced Driver's License.--
______

SA 278. Mrs. CLINTON (for herself and Mr. Schumer) submitted an
amendment intended to be proposed to amendment SA 275 proposed by Mr.
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to
make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. HEALTH CARE SCREENING, MONITORING, AND TREATMENT
FOR EMERGENCY SERVICES PERSONNEL.

Of the unexpended balances made available for the
``Department of Labor, Employment Training Administration
Training and Employment Services'' by the President on
September 21, 2001, under the authority of the 2001 Emergency
Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States (Public
Law 107-38; 115 Stat. 220), $3,600,000 shall be transferred
to the Centers for Disease Control and Prevention and made
available to provide health care screening, monitoring, and
treatment for emergency services, rescue and recovery
personnel responding to the attacks of September 11, 2001,
under section 5011(b) of the Emergency Supplemental
Appropriations Act to Address Hurricanes in the Gulf of
Mexico and Pandemic Influenza, 2006 (Public Law 109-148; 119
Stat. 2814).
______

SA 279. Mr. DeMINT proposed an amendment to amendment SA 275 proposed
by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill
S. 4, to make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes; as
follows:

At the appropriate place, insert the following:

SEC. __. 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

[[Page S2429]]

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 comparable State law, or conspiracy
to commit such crime.
``(v) A crime involving a transportation security incident.
``(vi) Improper transportation of a hazardous material
under section 5124 of title 49, or a comparable State law.
``(vii) Unlawful possession, use, sale, distribution,
manufacture, purchase, receipt, transfer, shipping,
transporting, import, export, 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 and 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 the Racketeer Influenced and Corrupt
Organizations Act (18 U.S.C. 1961 et seq.), or a comparable
State law, if 1 of the predicate acts found by a jury or
admitted by the defendant consists of 1 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, shipping,
transporting, delivery, import, export 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
and section 5845(a) of the Internal Revenue Code of 1986);
and
``(II) items contained on the United States 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) Kidnapping 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 under section 1036
of title 18, or a comparable State law.
``(xv) A violation of the Racketeer Influenced and Corrupt
Organizations Act (18 U.S.C. 1961 et seq.) 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 this paragraph, 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) Determination of arrest status.--
``(i) In general.--If a fingerprint-based check discloses
an arrest for a disqualifying crime listed in this section
without indicating a disposition, the Transportation Security
Administration shall notify the applicant of such disclosure
and provide the applicant with instructions on how the
applicant can clear the disposition, in accordance with
clause (ii).
``(ii) Burden of proof.--In order to clear a disposition
under this subparagraph, an applicant shall submit written
proof to the Transportation Security Administration, not
later than 60 days after receiving notification under clause
(i), that the arrest did not result in conviction for the
disqualifying criminal offense.
``(iii) Notification of disqualification.--If the
Transportation Security Administration does not receive proof
in accordance with the Transportation Security
Administration's procedures for waiver of criminal offenses
and appeals, the Transportation Security Administration shall
notify--

``(I) the applicant that he or she is disqualified from
being issued a biometric transportation security card under
subsection (b);
``(II) the State that the applicant is disqualified, in the
case of a hazardous materials endorsement; and
``(III) the Coast Guard that the applicant is disqualified,
if the applicant is a mariner.

``(E) 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.''.
(b) Conforming Amendment.--Section 70101 of title 49,
United States Code, is amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7); and
(2) by inserting after paragraph (1) the following:
``(2) The term `economic disruption' does not include a
work stoppage or other employee-related action not related to
terrorism and resulting from an employer-employee dispute.''.
______

SA 280. Mr. SALAZAR (for himself, Mr. Chambliss, Mr. Isakson, and Mr.
Pryor) submitted an amendment intended to be proposed to amendment SA
275 proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins)
to the bill S. 4, to make the United States more secure by implementing
unfinished recommendations of the 9/11 Commission to fight the war on
terror more effectively, to improve homeland security, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. RURAL POLICING INSTITUTE.

(a) In General.--There is established a Rural Policing
Institute, which shall be administered by the Office of State
and Local Training of the Federal Law Enforcement Training
Center (based in Glynco, Georgia), to--
(1) evaluate the needs of law enforcement agencies of units
of local government and tribal governments located in rural
areas;
(2) develop expert training programs designed to address
the needs of rural law enforcement agencies regarding
combating methamphetamine addiction and distribution,
domestic violence, law enforcement response related to school
shootings, and other topics identified in the evaluation
conducted under paragraph (1);
(3) provide the training programs described in paragraph
(2) to law enforcement agencies of units of local government
and tribal governments located in rural areas; and
(4) conduct outreach efforts to ensure that training
programs under the Rural Policing Institute reach law
enforcement officers of units of local government and tribal
governments located in rural areas.
(b) Curricula.--The training at the Rural Policing
Institute established under subsection (a) shall be
configured in a manner so as to not duplicate or displace any
law enforcement program of the Federal Law Enforcement
Training Center in existence on the date of enactment of this
Act.
(c) Definition.--In this section, the term ``rural'' means
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.
______

SA 281. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an
amendment intended to be proposed to amendment SA 275 proposed by Mr.
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to
make the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to

[[Page S2430]]

improve homeland security, and for other purposes; as follows:

At the appropriate place, insert the following:

TITLE __--BORDER LAW ENFORCEMENT RELIEF ACT

SEC. __01. SHORT TITLE.

This title may be cited as the ``Border Law Enforcement
Relief Act of 2007''.

SEC. __02. FINDINGS.

Congress finds the following:
(1) It is the obligation of the Federal Government of the
United States to adequately secure the Nation's borders and
prevent the flow of undocumented persons and illegal drugs
into the United States.
(2) Despite the fact that the United States Border Patrol
apprehends over 1,000,000 people each year trying to
illegally enter the United States, according to the
Congressional Research Service, the net growth in the number
of unauthorized aliens has increased by approximately 500,000
each year. The Southwest border accounts for approximately 94
percent of all migrant apprehensions each year. Currently,
there are an estimated 11,000,000 unauthorized aliens in the
United States.
(3) The border region is also a major corridor for the
shipment of drugs. According to the El Paso Intelligence
Center, 65 percent of the narcotics that are sold in the
markets of the United States enter the country through the
Southwest Border.
(4) Border communities continue to incur significant costs
due to the lack of adequate border security. A 2001 study by
the United States-Mexico Border Counties Coalition found that
law enforcement and criminal justice expenses associated with
illegal immigration exceed $89,000,000 annually for the
Southwest border counties.
(5) In August 2005, the States of New Mexico and Arizona
declared states of emergency in order to provide local law
enforcement immediate assistance in addressing criminal
activity along the Southwest border.
(6) While the Federal Government provides States and
localities assistance in covering costs related to the
detention of certain criminal aliens and the prosecution of
Federal drug cases, local law enforcement along the border
are provided no assistance in covering such expenses and must
use their limited resources to combat drug trafficking, human
smuggling, kidnappings, the destruction of private property,
and other border-related crimes.
(7) The United States shares 5,525 miles of border with
Canada and 1,989 miles with Mexico. Many of the local law
enforcement agencies located along the border are small,
rural departments charged with patrolling large areas of
land. Counties along the Southwest United States-Mexico
border are some of the poorest in the country and lack the
financial resources to cover the additional costs associated
with illegal immigration, drug trafficking, and other border-
related crimes.
(8) Federal assistance is required to help local law
enforcement operating along the border address the unique
challenges that arise as a result of their proximity to an
international border and the lack of overall border security
in the region

SEC. __03. BORDER RELIEF GRANT PROGRAM.

(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants, subject to the availability of appropriations, to an
eligible law enforcement agency to provide assistance to such
agency to address--
(A) criminal activity that occurs in the jurisdiction of
such agency by virtue of such agency's proximity to the
United States border; and
(B) the impact of any lack of security along the United
States border.
(2) Duration.--Grants may be awarded under this subsection
during fiscal years 2007 through 2011.
(3) Competitive basis.--The Secretary shall award grants
under this subsection on a competitive basis, except that the
Secretary shall give priority to applications from any
eligible law enforcement agency serving a community--
(A) with a population of less than 50,000; and
(B) located no more than 100 miles from a United States
border with--
(i) Canada; or
(ii) Mexico.
(b) Use of Funds.--Grants awarded pursuant to subsection
(a) may only be used to provide additional resources for an
eligible law enforcement agency to address criminal activity
occurring along any such border, including--
(1) to obtain equipment;
(2) to hire additional personnel;
(3) to upgrade and maintain law enforcement technology;
(4) to cover operational costs, including overtime and
transportation costs; and
(5) such other resources as are available to assist that
agency.
(c) Application.--
(1) In general.--Each eligible law enforcement agency
seeking a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought; and
(B) provide such additional assurances as the Secretary
determines to be essential to ensure compliance with the
requirements of this section.
(d) Definitions.--For the purposes of this section:
(1) Eligible law enforcement agency.--The term ``eligible
law enforcement agency'' means a tribal, State, or local law
enforcement agency--
(A) located in a county no more than 100 miles from a
United States border with--
(i) Canada; or
(ii) Mexico; or
(B) located in a county more than 100 miles from any such
border, but where such county has been certified by the
Secretary as a High Impact Area.
(2) High impact area.--The term ``High Impact Area'' means
any county designated by the Secretary as such, taking into
consideration--
(A) whether local law enforcement agencies in that county
have the resources to protect the lives, property, safety, or
welfare of the residents of that county;
(B) the relationship between any lack of security along the
United States border and the rise, if any, of criminal
activity in that county; and
(C) any other unique challenges that local law enforcement
face due to a lack of security along the United States
border.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Homeland Security.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$50,000,000 for each of fiscal years 2007 through 2011 to
carry out the provisions of this section.
(2) Division of authorized funds.--Of the amounts
authorized under paragraph (1)--
(A) \2/3\ shall be set aside for eligible law enforcement
agencies located in the 6 States with the largest number of
undocumented alien apprehensions; and
(B) \1/3\ shall be set aside for areas designated as a High
Impact Area under subsection (d).
(f) Supplement Not Supplant.--Amounts appropriated for
grants under this section shall be used to supplement and not
supplant other State and local public funds obligated for the
purposes provided under this title.

SEC. __04. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

Nothing in this title shall be construed to authorize State
or local law enforcement agencies or their officers to
exercise Federal immigration law enforcement authority.
______

SA 282. Mr. BINGAMAN submitted an amendment intended to be proposed
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman,
and Ms. Collins) to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

On page 68, strike lines 22 through 25 and insert the
following:
``(I) the extent to which the State has unmet target
capabilities;
``(J) the presence or transportation in the State of
special nuclear material or transuranic waste (as those terms
are defined in section 11 of the Atomic Energy Act of 1954
(42 U.S.C. 2014)) or waste derived from special nuclear
material or transuranic waste; and
``(K) such other factors as are specified in writing by the
Administrator;
______

SA 283. Mr. BINGAMAN submitted an amendment intended to be proposed
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman,
and Ms. Collins) to the bill S. 4, to make the United States more
secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

On page 151, line 16, strike ``information'' and insert
``information use, collection, storage, disclosure, and''.
______

SA 284. Mr. REID (for Mr. Biden) submitted an amendment intended to
be proposed to amendment SA 275 proposed by Mr. Reid (for himself, Mr.
Lieberman, and Ms. Collins) to the bill S. 4, to make the United States
more secure by implementing unfinished recommendations of the 9/11
Commission to fight the war on terror more effectively, to improve
homeland security, and for other purposes; which was ordered to lie on
the table; as follows:

At the end, add the following:

SEC. 1505. HOMELAND SECURITY TRUST FUND.

(a) Definitions.--In this section:
(1) Trust fund.--The term ``Trust Fund'' means the Homeland
Security and Neighborhood Safety Trust Fund established under
subsection (b).
(2) Commission.--The term ``Commission'' means the National
Commission on Terrorist Attacks upon the United States,
established under title VI of the Intelligence Authorization
Act for Fiscal Year 2003 (Public Law 107-306; 6 U.S.C. 101
note).

[[Page S2431]]

(b) Homeland Security and Neighborhood Safety Trust Fund.--
(1) Establishment of trust fund.--There is established in
the Treasury of the United States a trust fund to be known as
the ``Homeland Security and Neighborhood Safety Trust Fund'',
consisting of such amounts as may be appropriated or credited
to the Trust Fund.
(2) Rules regarding transfers to and management of trust
fund.--For purposes of this section, rules similar to the
rules of sections 9601 and 9602 of the Internal Revenue Code
of 1986 shall apply.
(3) Distribution of amounts in trust fund.--Amounts in the
Trust Fund shall be available, as provided by appropriation
Acts, for making expenditures for fiscal years 2008 through
2012 to meet those obligations of the United States incurred
which are authorized under subsection (d) for such fiscal
years.
(4) Sense of the senate.--It is the sense of the Senate
that the Committee on Finance of the Senate should report to
the Senate not later than 30 days after the date of the
enactment of this Act legislation which--
(A) increases revenues to the Treasury in the amount of
$53,300,000,000 during taxable years 2008 through 2012 by
reducing scheduled and existing income tax reductions enacted
since taxable year 2001 with respect to the taxable incomes
of taxpayers in excess of $1,000,000, and
(B) appropriates an amount equal to such revenues to the
Homeland Security and Neighborhood Safety Trust Fund.
(c) Preventing Terror Attacks on the Homeland.--
(1) Authorization of appropriations for supporting law
enforcement.--There are authorized to be appropriated from
the Trust Fund--
(A) $1,150,000,000 for each of the fiscal years 2008
through 2012 for the Office of Community Oriented Policing
Services for grants to State, local, and tribal law
enforcement to hire officers, purchase technology, conduct
training, and to develop local counterterrorism units;
(B) $900,000,000 for each of the fiscal years 2008 through
2012 for the Justice Assistance Grant; and
(C) $500,000,000 for each of the fiscal years 2008 through
2012 for the Law Enforcement Terrorism Prevention Grant
Program.
(2) Authorization of appropriations for responding to
terrorist attacks and natural disasters.--There are
authorized to be appropriated from the Trust Fund--
(A) $500,000,000 for each of fiscal years 2008 through 2012
for the Federal Emergency Management Agency for Fire Act
Grants; and
(B) $500,000,000 for each of fiscal years 2008 through 2012
for the Federal Emergency Management Agency for SAFER Grants.
(d) Authorization of Appropriations for Additional
Activities for Homeland Security.--There are authorized to be
appropriated from the Trust Fund such sums as necessary for--
(1) the implementation of all the recommendations of the
Commission, including the provisions of this section;
(2) fully funding the grant programs authorized under this
section and any grant program administered by the Department;
(3) improving airline passenger screening and cargo
scanning;
(4) improving information sharing and communications
interoperability;
(5) supporting State and local government law enforcement
and first responders, including enhancing communications
interoperability and information sharing;
(6) ensuring the inspection and scanning of 100 percent of
cargo containers destined for ports in the United States and
to ensure scanning of domestic air cargo;
(7) protecting critical infrastructure and other high
threat targets such as passenger rail, freight rail, and
transit systems, chemical and nuclear plants;
(8) enhancing the preparedness of the public health sector
to prevent and respond to acts of biological and nuclear
terrorism;
(9) the development of scanning technologies to detect
dangerous substances at United States ports of entry; and
(10) other high risk targets of interest, including
nonprofit organizations and in the private sector.
______

SA 285. Mr. INOUYE (for himself, Mr. Stevens, Mr. Lieberman, and Mrs.
Murray) proposed an amendment to amendment SA 275 proposed by Mr. Reid
(for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to make
the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. 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 comparable State law, or
conspiracy to commit such crime.
``(v) A crime involving a transportation security
incident.
``(vi) Improper transportation of a hazardous material
under section 5124 of title 49, or a comparable State law.
``(vii) Unlawful possession, use, sale, distribution,
manufacture, purchase, receipt, transfer, shipping,
transporting, import, export, 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 and 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 the Racketeer Influenced and Corrupt
Organizations Act (18 U.S.C. 1961 et seq.), or a comparable
State law, if 1 of the predicate acts found by a jury or
admitted by the defendant consists of 1 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, shipping,
transporting, delivery, import, export 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 and section 5845(a) of the Internal Revenue Code of 1986);
and
``(II) items contained on the United States 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) Kidnapping 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 under section
1036 of title 18, or a comparable State law.
``(xv) A violation of the Racketeer Influenced and
Corrupt Organizations Act (18 U.S.C. 1961 et seq.) 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 this paragraph,
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) Determination of arrest status.--
``(i) In general.--If a fingerprint-based check discloses
an arrest for a disqualifying

[[Page S2432]]

crime listed in this section without indicating a
disposition, the Transportation Security Administration shall
notify the applicant of such disclosure and provide the
applicant with instructions on how the applicant can clear
the disposition, in accordance with clause (ii).
``(ii) Burden of proof.--In order to clear a disposition
under this subparagraph, an applicant shall submit written
proof to the Transportation Security Administration, not
later than 60 days after receiving notification under clause
(i), that the arrest did not result in conviction for the
disqualifying criminal offense.
``(iii) Notification of disqualification.--If the
Transportation Security Administration does not receive proof
in accordance with the Transportation Security
Administration's procedures for waiver of criminal offenses
and appeals, the Transportation Security Administration shall
notify--

``(I) the applicant that he or she is disqualified from
being issued a biometric transportation security card under
subsection (b);
``(II) the State that the applicant is disqualified, in
the case of a hazardous materials endorsement; and
``(III) the Coast Guard that the applicant is
disqualified, if the applicant is a mariner.

``(E) 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.''.
``(F) Modification of listed offenses.--The Secretary may
by rulemaking, add or modify the offenses described in
paragraph (1)(A) or (B).''.
(b) Conforming Amendment.--Section 70101 of title 49,
United States Code, is amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7); and
(2) by inserting after paragraph (1) the following:
``(2) The term `economic disruption' does not include a
work stoppage or other employee-related action not related to
terrorism and resulting from an employer-employee dispute.''.
______

SA 286. Mr. SPECTER (for himself, Mr. Leahy, and Mr. Dodd) submitted
an amendment intended to be proposed by him to the bill S. 4, to make
the United States more secure by implementing unfinished
recommendations of the 9/11 Commission to fight the war on terror more
effectively, to improve homeland security, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. RESTORATION OF HABEAS CORPUS FOR THOSE DETAINED BY
THE UNITED STATES.

(a) In General.--Section 2241 of title 28, United States
Code, is amended by striking subsection (e).
(b) Title 10.--Section 950j of title 10, United States
Code, is amended by striking subsection (b) and inserting the
following:
``(b) Limited Review of Military Commission Procedures and
Actions.--Except as otherwise provided in this chapter or in
section 2241 of title 28 or any other habeas corpus
provision, and notwithstanding any other provision of law, no
court, justice, or judge shall have jurisdiction to hear or
consider any claim or cause of action whatsoever, including
any action pending on or filed after the date of the
enactment of the Military Commissions Act of 2006, relating
to the prosecution, trial, or judgment of a military
commission under this chapter, including challenges to the
lawfulness of procedures of military commissions under this
chapter.''.
(c) Effective Date and Applicability.--The amendments made
by this section shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to any case that is pending on or after the date
of enactment of this Act.
______

SA 287. Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill S. 4, to make the United States more secure by
implementing unfinished recommendations of the 9/11 Commission to fight
the war on terror more effectively, to improve homeland security, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CABLE CARRIAGE OF TELEVISON BROADCAST SIGNALS.

Part I of title III of the Communications Act of 1934 (47
U.S.C. 301 et seq.) is amended by adding at the end the
following:

``SEC. 342. CARRIAGE OF SIGNALS TO CERTAIN TELEVISION MARKET
AREAS.

``(a) In General.--Notwithstanding any other provision of
law, each cable operator providing service in an eligible
area may elect to carry the primary signal of any network
station located in the capital of the State in which such
area is located.
``(b) Definitions.--As used in this section:
``(1) Eligible area.--The term `eligible area' means 1 of 2
counties that--
``(A) are all in a single State;
``(B) on the date of enactment of this section, were each
located in--
``(i) the 46th largest designated market area for the year
2005 according to Nielsen Media Research; and
``(ii) a designated market area comprised principally of
counties located in another State; and
``(C) as a group had a total number of television
households that when combined did not exceed 30,000 for the
year 2005 according to Nielsen Media Research.
``(2) Network station.--The term `network station' has the
same meaning as in section 119(d) of title 17, United States
Code.''.

SEC. __. SATELLITE CARRIAGE OF TELEVISION BROADCAST SIGNALS.

Section 119(a)(2)(C) of title 17, United States Code, is
amended--
(1) by redesignating clause (v) as clause (vi);
(2) by inserting after clause (v) the following:
``(v) Further additional stations.--If 2 adjacent counties
in a single State are in a local market comprised principally
of counties located in another State, the statutory license
provided for in subparagraph (A) shall apply to the secondary
transmission by a satellite carrier to subscribers in those 2
counties of the primary transmissions of any network station
located in the capital of the State in which such 2 counties
are located, if--

``(I) the 2 counties are located in the 46th largest
designated market area for the year 2005 according to Nielsen
Media Research; and
``(II) the total number of television households in the 2
counties combined did not exceed 30,000 for the year 2005
according to Nielsen Media Research.''; and

(3) in clause (vi) as redesignated, by striking ``and
(iv)'' and inserting ``(iv), and (v)''.

____________________