[DOCID: f:hr259.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-259
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IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007
----------
CONFERENCE REPORT
TO ACCOMPANY
H.R. 1
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
July 25, 2007.--Ordered to be printed
IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-259
======================================================================
IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007
_______
July 25, 2007.--Ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 1]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
1), to provide for the implementation of the recommendations of
the National Commission on Terrorist Attacks Upon the United
States, having met, after full and free conference, have agreed
to recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Implementing Recommendations of the 9/11 Commission Act of
2007''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--HOMELAND SECURITY GRANTS
Sec. 101. Homeland Security Grant Program.
Sec. 102. Other amendments to the Homeland Security Act of 2002.
Sec. 103. Amendments to the Post-Katrina Emergency Management Reform Act
of 2006.
Sec. 104. Technical and conforming amendments.
TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Sec. 201. Emergency management performance grant program.
Sec. 202. Grants for construction of emergency operations centers.
TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS
Sec. 301. Interoperable emergency communications grant program.
Sec. 302. Border interoperability demonstration project.
TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM
Sec. 401. Definitions.
Sec. 402. National exercise program design.
Sec. 403. National exercise program model exercises.
Sec. 404. Preidentifying and evaluating multijurisdictional facilities
to strengthen incident command; private sector preparedness.
Sec. 405. Federal response capability inventory.
Sec. 406. Reporting requirements.
Sec. 407. Federal preparedness.
Sec. 408. Credentialing and typing.
Sec. 409. Model standards and guidelines for critical infrastructure
workers.
Sec. 410. Authorization of appropriations.
TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE
FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
Subtitle A--Homeland Security Information Sharing Enhancement
Sec. 501. Homeland Security Advisory System and information sharing.
Sec. 502. Intelligence Component Defined.
Sec. 503. Role of intelligence components, training, and information
sharing.
Sec. 504. Information sharing.
Subtitle B--Homeland Security Information Sharing Partnerships
Sec. 511. Department of Homeland Security State, Local, and Regional
Fusion Center Initiative.
Sec. 512. Homeland Security Information Sharing Fellows Program.
Sec. 513. Rural Policing Institute.
Subtitle C--Interagency Threat Assessment and Coordination Group
Sec. 521. Interagency Threat Assessment and Coordination Group.
Subtitle D--Homeland Security Intelligence Offices Reorganization
Sec. 531. Office of Intelligence and Analysis and Office of
Infrastructure Protection.
Subtitle E--Authorization of Appropriations
Sec. 541. Authorization of appropriations.
TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE
Sec. 601. Availability to public of certain intelligence funding
information.
Sec. 602. Public Interest Declassification Board.
Sec. 603. Sense of the Senate regarding a report on the 9/11 Commission
recommendations with respect to intelligence reform and
congressional intelligence oversight reform.
Sec. 604. Availability of funds for the Public Interest Declassification
Board.
Sec. 605. Availability of the Executive Summary of the Report on Central
Intelligence Agency Accountability Regarding the Terrorist
Attacks of September 11, 2001.
TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL
Subtitle A--Terrorist Travel
Sec. 701. Report on international collaboration to increase border
security, enhance global document security, and exchange
terrorist information.
Subtitle B--Visa Waiver
Sec. 711. Modernization of the visa waiver program.
Subtitle C--Strengthening Terrorism Prevention Programs
Sec. 721. Strengthening the capabilities of the Human Smuggling and
Trafficking Center.
Sec. 722. Enhancements to the terrorist travel program.
Sec. 723. Enhanced driver's license.
Sec. 724. Western Hemisphere Travel Initiative.
Sec. 725. Model ports-of-entry.
Subtitle D--Miscellaneous Provisions
Sec. 731. Report regarding border security.
TITLE VIII--PRIVACY AND CIVIL LIBERTIES
Sec. 801. Modification of authorities relating to Privacy and Civil
Liberties Oversight Board.
Sec. 802. Department Privacy Officer.
Sec. 803. Privacy and civil liberties officers.
Sec. 804. Federal Agency Data Mining Reporting Act of 2007.
TITLE IX--PRIVATE SECTOR PREPAREDNESS
Sec. 901. Private sector preparedness.
Sec. 902. Responsibilities of the private sector Office of the
Department.
TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY
Sec. 1001. National Asset Database.
Sec. 1002. Risk assessments and report.
Sec. 1003. Sense of Congress regarding the inclusion of levees in the
National Infrastructure Protection Plan.
TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1101. National Biosurveillance Integration Center.
Sec. 1102. Biosurveillance efforts.
Sec. 1103. Interagency coordination to enhance defenses against nuclear
and radiological weapons of mass destruction.
Sec. 1104. Integration of detection equipment and technologies.
TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
Sec. 1201. Definitions.
Sec. 1202. Transportation security strategic planning.
Sec. 1203. Transportation security information sharing.
Sec. 1204. National domestic preparedness consortium.
Sec. 1205. National transportation security center of excellence.
Sec. 1206. Immunity for reports of suspected terrorist activity or
suspicious behavior and response.
TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS
Sec. 1301. Definitions.
Sec. 1302. Enforcement authority.
Sec. 1303. Authorization of visible intermodal prevention and response
teams.
Sec. 1304. Surface transportation security inspectors.
Sec. 1305. Surface transportation security technology information
sharing.
Sec. 1306. TSA personnel limitations.
Sec. 1307. National explosives detection canine team training program.
Sec. 1308. Maritime and surface transportation security user fee study.
Sec. 1309. Prohibition of issuance of transportation security cards to
convicted felons.
Sec. 1310. Roles of the Department of Homeland Security and the
Department of Transportation.
TITLE XIV--PUBLIC TRANSPORTATION SECURITY
Sec. 1401. Short title.
Sec. 1402. Definitions.
Sec. 1403. Findings.
Sec. 1404. National Strategy for Public Transportation Security.
Sec. 1405. Security assessments and plans.
Sec. 1406. Public transportation security assistance.
Sec. 1407. Security exercises.
Sec. 1408. Public transportation security training program.
Sec. 1409. Public transportation research and development.
Sec. 1410. Information sharing.
Sec. 1411. Threat assessments.
Sec. 1412. Reporting requirements.
Sec. 1413. Public transportation employee protections.
Sec. 1414. Security background checks of covered individuals for public
transportation.
Sec. 1415. Limitation on fines and civil penalties.
TITLE XV--SURFACE TRANSPORTATION SECURITY
Subtitle A--General Provisions
Sec. 1501. Definitions.
Sec. 1502. Oversight and grant procedures.
Sec. 1503. Authorization of appropriations.
Sec. 1504. Public awareness.
Subtitle B--Railroad Security
Sec. 1511. Railroad transportation security risk assessment and national
strategy.
Sec. 1512. Railroad carrier assessments and plans.
Sec. 1513. Railroad security assistance.
Sec. 1514. Systemwide Amtrak security upgrades.
Sec. 1515. Fire and life safety improvements.
Sec. 1516. Railroad carrier exercises.
Sec. 1517. Railroad security training program.
Sec. 1518. Railroad security research and development.
Sec. 1519. Railroad tank car security testing.
Sec. 1520. Railroad threat assessments.
Sec. 1521. Railroad employee protections.
Sec. 1522. Security background checks of covered individuals.
Sec. 1523. Northern border railroad passenger report.
Sec. 1524. International Railroad Security Program.
Sec. 1525. Transmission line report.
Sec. 1526. Railroad security enhancements.
Sec. 1527. Applicability of District of Columbia law to certain Amtrak
contracts.
Sec. 1528. Railroad preemption clarification.
Subtitle C--Over-The-Road Bus and Trucking Security
Sec. 1531. Over-the-road bus security assessments and plans.
Sec. 1532. Over-the-road bus security assistance.
Sec. 1533. Over-the-road bus exercises.
Sec. 1534. Over-the-road bus security training program.
Sec. 1535. Over-the-road bus security research and development.
Sec. 1536. Motor carrier employee protections.
Sec. 1537. Unified carrier registration system agreement.
Sec. 1538. School bus transportation security.
Sec. 1539. Technical amendment.
Sec. 1540. Truck security assessment.
Sec. 1541. Memorandum of understanding annex.
Sec. 1542. DHS Inspector General report on trucking security grant
program.
Subtitle D--Hazardous Material and Pipeline Security
Sec. 1551. Railroad routing of security-sensitive materials.
Sec. 1552. Railroad security-sensitive material tracking.
Sec. 1553. Hazardous materials highway routing.
Sec. 1554. Motor carrier security-sensitive material tracking.
Sec. 1555. Hazardous materials security inspections and study.
Sec. 1556. Technical corrections.
Sec. 1557. Pipeline security inspections and enforcement.
Sec. 1558. Pipeline security and incident recovery plan.
TITLE XVI--AVIATION
Sec. 1601. Airport checkpoint screening fund.
Sec. 1602. Screening of cargo carried aboard passenger aircraft.
Sec. 1603. In-line baggage screening.
Sec. 1604. In-line baggage system deployment.
Sec. 1605. Strategic plan to test and implement advanced passenger
prescreening system.
Sec. 1606. Appeal and redress process for passengers wrongly delayed or
prohibited from boarding a flight.
Sec. 1607. Strengthening explosives detection at passenger screening
checkpoints.
Sec. 1608. Research and development of aviation transportation security
technology.
Sec. 1609. Blast-resistant cargo containers.
Sec. 1610. Protection of passenger planes from explosives.
Sec. 1611. Specialized training.
Sec. 1612. Certain TSA personnel limitations not to apply.
Sec. 1613. Pilot project to test different technologies at airport exit
lanes.
Sec. 1614. Security credentials for airline crews.
Sec. 1615. Law enforcement officer biometric credential.
Sec. 1616. Repair station security.
Sec. 1617. General aviation security.
Sec. 1618. Extension of authorization of aviation security funding.
TITLE XVII--MARITIME CARGO
Sec. 1701. Container scanning and seals.
TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM
Sec. 1801. Findings.
Sec. 1802. Definitions.
Subtitle A--Repeal and Modification of Limitations on Assistance for
Prevention of WMD Proliferation and Terrorism
Sec. 1811. Repeal and modification of limitations on assistance for
prevention of weapons of mass destruction proliferation and
terrorism.
Subtitle B--Proliferation Security Initiative
Sec. 1821. Proliferation Security Initiative improvements and
authorities.
Sec. 1822. Authority to provide assistance to cooperative countries.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass
Destruction Proliferation and Terrorism
Sec. 1831. Statement of policy.
Sec. 1832. Authorization of appropriations for the Department of Defense
Cooperative Threat Reduction Program.
Sec. 1833. Authorization of appropriations for the Department of Energy
programs to prevent weapons of mass destruction proliferation
and terrorism.
Subtitle D--Office of the United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism
Sec. 1841. Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism.
Sec. 1842. Sense of Congress on United States-Russia cooperation and
coordination on the prevention of weapons of mass destruction
proliferation and terrorism.
Subtitle E--Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism
Sec. 1851. Establishment of Commission on the Prevention of Weapons of
Mass Destruction Proliferation and Terrorism.
Sec. 1852. Purposes of Commission.
Sec. 1853. Composition of Commission.
Sec. 1854. Responsibilities of Commission.
Sec. 1855. Powers of Commission.
Sec. 1856. Nonapplicability of Federal Advisory Committee Act.
Sec. 1857. Report.
Sec. 1858. Termination.
Sec. 1859. Funding.
TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES
Sec. 1901. Promoting antiterrorism capabilities through international
cooperation.
Sec. 1902. Transparency of funds.
TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION
Sec. 2001. Short title.
Sec. 2002. Definition.
Subtitle A--Quality Educational Opportunities in Predominantly Muslim
Countries.
Sec. 2011. Findings; Policy.
Sec. 2012. International Muslim Youth Opportunity Fund.
Sec. 2013. Annual report to Congress.
Sec. 2014. Extension of program to provide grants to American-sponsored
schools in predominantly Muslim Countries to provide
scholarships.
Subtitle B--Democracy and Development in the Broader Middle East Region
Sec. 2021. Middle East Foundation.
Subtitle C--Reaffirming United States Moral Leadership
Sec. 2031. Advancing United States interests through public diplomacy.
Sec. 2032. Oversight of international broadcasting.
Sec. 2033. Expansion of United States scholarship, exchange, and library
programs in predominantly Muslim countries.
Sec. 2034. United States policy toward detainees.
Subtitle D--Strategy for the United States Relationship With
Afghanistan, Pakistan, and Saudi Arabia
Sec. 2041. Afghanistan.
Sec. 2042. Pakistan.
Sec. 2043. Saudi Arabia.
TITLE XXI--ADVANCING DEMOCRATIC VALUES
Sec. 2101. Short title.
Sec. 2102. Findings.
Sec. 2103. Statement of policy.
Sec. 2104. Definitions.
Subtitle A--Activities to Enhance the Promotion of Democracy
Sec. 2111. Democracy Promotion at the Department of State.
Sec. 2112. Democracy Fellowship Program.
Sec. 2113. Investigations of violations of international humanitarian
law.
Subtitle B--Strategies and Reports on Human Rights and the Promotion of
Democracy
Sec. 2121. Strategies, priorities, and annual report.
Sec. 2122. Translation of human rights reports.
Subtitle C--Advisory Committee on Democracy Promotion and the Internet
Website of the Department of State
Sec. 2131. Advisory Committee on Democracy Promotion.
Sec. 2132. Sense of Congress regarding the Internet website of the
Department of State.
Subtitle D--Training in Democracy and Human Rights; Incentives
Sec. 2141. Training in democracy promotion and the protection of human
rights.
Sec. 2142. Sense of Congress regarding ADVANCE Democracy Award.
Sec. 2143. Personnel policies at the Department of State.
Subtitle E--Cooperation With Democratic Countries
Sec. 2151. Cooperation with democratic countries.
Subtitle F--Funding for Promotion of Democracy
Sec. 2161. The United Nations Democracy Fund.
Sec. 2162. United States democracy assistance programs.
TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS
Sec. 2201. Interoperable emergency communications.
Sec. 2202. Clarification of congressional intent.
Sec. 2203. Cross border interoperability reports.
Sec. 2204. Extension of short quorum.
Sec. 2205. Requiring reports to be submitted to certain committees.
TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION
Sec. 2301. Short title.
Sec. 2302. Funding for program.
Sec. 2303. NTIA coordination of E-911 implementation.
TITLE XXIV--MISCELLANEOUS PROVISIONS
Sec. 2401. Quadrennial homeland security review.
Sec. 2402. Sense of the Congress regarding the prevention of
radicalization leading to ideologically-based violence.
Sec. 2403. Requiring reports to be submitted to certain committees.
Sec. 2404. Demonstration project.
Sec. 2405. Under Secretary for Management of Department of Homeland
Security.
TITLE I--HOMELAND SECURITY GRANTS
SEC. 101. HOMELAND SECURITY GRANT PROGRAM.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by adding at the end the following:
``TITLE XX--HOMELAND SECURITY GRANTS
``SEC. 2001. DEFINITIONS.
``In this title, the following definitions shall apply:
``(1) Administrator.--The term `Administrator'
means the Administrator of the Federal Emergency
Management Agency.
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Homeland Security
and Governmental Affairs of the Senate; and
``(B) those committees of the House of
Representatives that the Speaker of the House
of Representatives determines appropriate.
``(3) Critical infrastructure sectors.--The term
`critical infrastructure sectors' means the following
sectors, in both urban and rural areas:
``(A) Agriculture and food.
``(B) Banking and finance.
``(C) Chemical industries.
``(D) Commercial facilities.
``(E) Commercial nuclear reactors,
materials, and waste.
``(F) Dams.
``(G) The defense industrial base.
``(H) Emergency services.
``(I) Energy.
``(J) Government facilities.
``(K) Information technology.
``(L) National monuments and icons.
``(M) Postal and shipping.
``(N) Public health and health care.
``(O) Telecommunications.
``(P) Transportation systems.
``(Q) Water.
``(4) Directly eligible tribe.--The term `directly
eligible tribe' means--
``(A) any Indian tribe--
``(i) that is located in the
continental United States;
``(ii) that operates a law
enforcement or emergency response
agency with the capacity to respond to
calls for law enforcement or emergency
services;
``(iii)(I) that is located on or
near an international border or a
coastline bordering an ocean (including
the Gulf of Mexico) or international
waters;
``(II) that is located within 10
miles of a system or asset included on
the prioritized critical infrastructure
list established under section
210E(a)(2) or has such a system or
asset within its territory;
``(III) that is located within or
contiguous to 1 of the 50 most populous
metropolitan statistical areas in the
United States; or
``(IV) the jurisdiction of which
includes not less than 1,000 square
miles of Indian country, as that term
is defined in section 1151 of title 18,
United States Code; and
``(iv) that certifies to the
Secretary that a State has not provided
funds under section 2003 or 2004 to the
Indian tribe or consortium of Indian
tribes for the purpose for which direct
funding is sought; and
``(B) a consortium of Indian tribes, if
each tribe satisfies the requirements of
subparagraph (A).
``(5) Eligible metropolitan area.--The term
`eligible metropolitan area' means any of the 100 most
populous metropolitan statistical areas in the United
States.
``(6) High-risk urban area.--The term `high-risk
urban area' means a high-risk urban area designated
under section 2003(b)(3)(A).
``(7) Indian tribe.--The term `Indian tribe' has
the meaning given that term in section 4(e) of the
Indian Self-Determination Act (25 U.S.C. 450b(e)).
``(8) Metropolitan statistical area.--The term
`metropolitan statistical area' means a metropolitan
statistical area, as defined by the Office of
Management and Budget.
``(9) National special security event.--The term
`National Special Security Event' means a designated
event that, by virtue of its political, economic,
social, or religious significance, may be the target of
terrorism or other criminal activity.
``(10) Population.--The term `population' means
population according to the most recent United States
census population estimates available at the start of
the relevant fiscal year.
``(11) Population density.--The term `population
density' means population divided by land area in
square miles.
``(12) Qualified intelligence analyst.--The term
`qualified intelligence analyst' means an intelligence
analyst (as that term is defined in section 210A(j)),
including law enforcement personnel--
``(A) who has successfully completed
training to ensure baseline proficiency in
intelligence analysis and production, as
determined by the Secretary, which may include
training using a curriculum developed under
section 209; or
``(B) whose experience ensures baseline
proficiency in intelligence analysis and
production equivalent to the training required
under subparagraph (A), as determined by the
Secretary.
``(13) Target capabilities.--The term `target
capabilities' means the target capabilities for
Federal, State, local, and tribal government
preparedness for which guidelines are required to be
established under section 646(a) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C.
746(a)).
``(14) Tribal government.--The term `tribal
government' means the government of an Indian tribe.
``Subtitle A--Grants to States and High-Risk Urban Areas
``SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.
``(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections 2003 and 2004 to
State, local, and tribal governments.
``(b) Programs Not Affected.--This subtitle shall not be
construed to affect any of the following Federal programs:
``(1) Firefighter and other assistance programs
authorized under the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.).
``(2) Grants authorized under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.).
``(3) Emergency Management Performance Grants under
the amendments made by title II of the Implementing
Recommendations of the 9/11 Commission Act of 2007.
``(4) Grants to protect critical infrastructure,
including port security grants authorized under section
70107 of title 46, United States Code, and the grants
authorized under title XIV, XV, and XVI of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 and the amendments made by such titles.
``(5) The Metropolitan Medical Response System
authorized under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723).
``(6) The Interoperable Emergency Communications
Grant Program authorized under title XVIII.
``(7) Grant programs other than those administered
by the Department.
``(c) Relationship to Other Laws.--
``(1) In general.--The grant programs authorized
under sections 2003 and 2004 shall supercede all grant
programs authorized under section 1014 of the USA
PATRIOT Act (42 U.S.C. 3714).
``(2) Allocation.--The allocation of grants
authorized under section 2003 or 2004 shall be governed
by the terms of this subtitle and not by any other
provision of law.
``SEC. 2003. URBAN AREA SECURITY INITIATIVE.
``(a) Establishment.--There is established an Urban Area
Security Initiative to provide grants to assist high-risk urban
areas in preventing, preparing for, protecting against, and
responding to acts of terrorism.
``(b) Assessment and Designation of High-Risk Urban
Areas.--
``(1) In general.--The Administrator shall
designate high-risk urban areas to receive grants under
this section based on procedures under this subsection.
``(2) Initial assessment.--
``(A) In general.--For each fiscal year,
the Administrator shall conduct an initial
assessment of the relative threat,
vulnerability, and consequences from acts of
terrorism faced by each eligible metropolitan
area, including consideration of--
``(i) the factors set forth in
subparagraphs (A) through (H) and (K)
of section 2007(a)(1); and
``(ii) information and materials
submitted under subparagraph (B).
``(B) Submission of information by eligible
metropolitan areas.--Prior to conducting each
initial assessment under subparagraph (A), the
Administrator shall provide each eligible
metropolitan area with, and shall notify each
eligible metropolitan area of, the opportunity
to--
``(i) submit information that the
eligible metropolitan area believes to
be relevant to the determination of the
threat, vulnerability, and consequences
it faces from acts of terrorism; and
``(ii) review the risk assessment
conducted by the Department of that
eligible metropolitan area, including
the bases for the assessment by the
Department of the threat,
vulnerability, and consequences from
acts of terrorism faced by that
eligible metropolitan area, and remedy
erroneous or incomplete information.
``(3) Designation of high-risk urban areas.--
``(A) Designation.--
``(i) In general.--For each fiscal
year, after conducting the initial
assessment under paragraph (2), and
based on that assessment, the
Administrator shall designate high-risk
urban areas that may submit
applications for grants under this
section.
``(ii) Additional areas.--
Notwithstanding paragraph (2), the
Administrator may--
``(I) in any case where an
eligible metropolitan area
consists of more than 1
metropolitan division (as that
term is defined by the Office
of Management and Budget)
designate more than 1 high-risk
urban area within a single
eligible metropolitan area; and
``(II) designate an area
that is not an eligible
metropolitan area as a high-
risk urban area based on the
assessment by the Administrator
of the relative threat,
vulnerability, and consequences
from acts of terrorism faced by
the area.
``(iii) Rule of construction.--
Nothing in this subsection may be
construed to require the Administrator
to--
``(I) designate all
eligible metropolitan areas
that submit information to the
Administrator under paragraph
(2)(B)(i) as high-risk urban
areas; or
``(II) designate all areas
within an eligible metropolitan
area as part of the high-risk
urban area.
``(B) Jurisdictions included in high-risk
urban areas.--
``(i) In general.--In designating
high-risk urban areas under
subparagraph (A), the Administrator
shall determine which jurisdictions, at
a minimum, shall be included in each
high-risk urban area.
``(ii) Additional jurisdictions.--A
high-risk urban area designated by the
Administrator may, in consultation with
the State or States in which such high-
risk urban area is located, add
additional jurisdictions to the high-
risk urban area.
``(c) Application.--
``(1) In general.--An area designated as a high-
risk urban area under subsection (b) may apply for a
grant under this section.
``(2) Minimum contents of application.--In an
application for a grant under this section, a high-risk
urban area shall submit--
``(A) a plan describing the proposed
division of responsibilities and distribution
of funding among the local and tribal
governments in the high-risk urban area;
``(B) the name of an individual to serve as
a high-risk urban area liaison with the
Department and among the various jurisdictions
in the high-risk urban area; and
``(C) such information in support of the
application as the Administrator may reasonably
require.
``(3) Annual applications.--Applicants for grants
under this section shall apply or reapply on an annual
basis.
``(4) State review and transmission.--
``(A) In general.--To ensure consistency
with State homeland security plans, a high-risk
urban area applying for a grant under this
section shall submit its application to each
State within which any part of that high-risk
urban area is located for review before
submission of such application to the
Department.
``(B) Deadline.--Not later than 30 days
after receiving an application from a high-risk
urban area under subparagraph (A), a State
shall transmit the application to the
Department.
``(C) Opportunity for state comment.--If
the Governor of a State determines that an
application of a high-risk urban area is
inconsistent with the State homeland security
plan of that State, or otherwise does not
support the application, the Governor shall--
``(i) notify the Administrator, in
writing, of that fact; and
``(ii) provide an explanation of
the reason for not supporting the
application at the time of transmission
of the application.
``(5) Opportunity to amend.--In considering
applications for grants under this section, the
Administrator shall provide applicants with a
reasonable opportunity to correct defects in the
application, if any, before making final awards.
``(d) Distribution of Awards.--
``(1) In general.--If the Administrator approves
the application of a high-risk urban area for a grant
under this section, the Administrator shall distribute
the grant funds to the State or States in which that
high-risk urban area is located.
``(2) State distribution of funds.--
``(A) In general.--Not later than 45 days
after the date that a State receives grant
funds under paragraph (1), that State shall
provide the high-risk urban area awarded that
grant not less than 80 percent of the grant
funds. Any funds retained by a State shall be
expended on items, services, or activities that
benefit the high-risk urban area.
``(B) Funds retained.--A State shall
provide each relevant high-risk urban area with
an accounting of the items, services, or
activities on which any funds retained by the
State under subparagraph (A) were expended.
``(3) Interstate urban areas.--If parts of a high-
risk urban area awarded a grant under this section are
located in 2 or more States, the Administrator shall
distribute to each such State--
``(A) a portion of the grant funds in
accordance with the proposed distribution set
forth in the application; or
``(B) if no agreement on distribution has
been reached, a portion of the grant funds
determined by the Administrator to be
appropriate.
``(4) Certifications regarding distribution of
grant funds to high-risk urban areas.--A State that
receives grant funds under paragraph (1) shall certify
to the Administrator that the State has made available
to the applicable high-risk urban area the required
funds under paragraph (2).
``(e) Authorization of Appropriations.--There are
authorized to be appropriated for grants under this section--
``(1) $850,000,000 for fiscal year 2008;
``(2) $950,000,000 for fiscal year 2009;
``(3) $1,050,000,000 for fiscal year 2010;
``(4) $1,150,000,000 for fiscal year 2011;
``(5) $1,300,000,000 for fiscal year 2012; and
``(6) such sums as are necessary for fiscal year
2013, and each fiscal year thereafter.
``SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.
``(a) Establishment.--There is established a State Homeland
Security Grant Program to assist State, local, and tribal
governments in preventing, preparing for, protecting against,
and responding to acts of terrorism.
``(b) Application.--
``(1) In general.--Each State may apply for a grant
under this section, and shall submit such information
in support of the application as the Administrator may
reasonably require.
``(2) Minimum contents of application.--The
Administrator shall require that each State include in
its application, at a minimum--
``(A) the purpose for which the State seeks
grant funds and the reasons why the State needs
the grant to meet the target capabilities of
that State;
``(B) a description of how the State plans
to allocate the grant funds to local
governments and Indian tribes; and
``(C) a budget showing how the State
intends to expend the grant funds.
``(3) Annual applications.--Applicants for grants
under this section shall apply or reapply on an annual
basis.
``(c) Distribution to Local and Tribal Governments.--
``(1) In general.--Not later than 45 days after
receiving grant funds, any State receiving a grant
under this section shall make available to local and
tribal governments, consistent with the applicable
State homeland security plan--
``(A) not less than 80 percent of the grant
funds;
``(B) with the consent of local and tribal
governments, items, services, or activities
having a value of not less than 80 percent of
the amount of the grant; or
``(C) with the consent of local and tribal
governments, grant funds combined with other
items, services, or activities having a total
value of not less than 80 percent of the amount
of the grant.
``(2) Certifications regarding distribution of
grant funds to local governments.--A State shall
certify to the Administrator that the State has made
the distribution to local and tribal governments
required under paragraph (1).
``(3) Extension of period.--The Governor of a State
may request in writing that the Administrator extend
the period under paragraph (1) for an additional period
of time. The Administrator may approve such a request
if the Administrator determines that the resulting
delay in providing grant funding to the local and
tribal governments is necessary to promote effective
investments to prevent, prepare for, protect against,
or respond to acts of terrorism.
``(4) Exception.--Paragraph (1) shall not apply to
the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, or the Virgin Islands.
``(5) Direct funding.--If a State fails to make the
distribution to local or tribal governments required
under paragraph (1) in a timely fashion, a local or
tribal government entitled to receive such distribution
may petition the Administrator to request that grant
funds be provided directly to the local or tribal
government.
``(d) Multistate Applications.--
``(1) In general.--Instead of, or in addition to,
any application for a grant under subsection (b), 2 or
more States may submit an application for a grant under
this section in support of multistate efforts to
prevent, prepare for, protect against, and respond to
acts of terrorism.
``(2) Administration of grant.--If a group of
States applies for a grant under this section, such
States shall submit to the Administrator at the time of
application a plan describing--
``(A) the division of responsibilities for
administering the grant; and
``(B) the distribution of funding among the
States that are parties to the application.
``(e) Minimum Allocation.--
``(1) In general.--In allocating funds under this
section, the Administrator shall ensure that--
``(A) except as provided in subparagraph
(B), each State receives, from the funds
appropriated for the State Homeland Security
Grant Program established under this section,
not less than an amount equal to--
``(i) 0.375 percent of the total
funds appropriated for grants under
this section and section 2003 in fiscal
year 2008;
``(ii) 0.365 percent of the total
funds appropriated for grants under
this section and section 2003 in fiscal
year 2009;
``(iii) 0.36 percent of the total
funds appropriated for grants under
this section and section 2003 in fiscal
year 2010;
``(iv) 0.355 percent of the total
funds appropriated for grants under
this section and section 2003 in fiscal
year 2011; and
``(v) 0.35 percent of the total
funds appropriated for grants under
this section and section 2003 in fiscal
year 2012 and in each fiscal year
thereafter; and
``(B) for each fiscal year, American Samoa,
the Commonwealth of the Northern Mariana
Islands, Guam, and the Virgin Islands each
receive, from the funds appropriated for the
State Homeland Security Grant Program
established under this section, not less than
an amount equal to 0.08 percent of the total
funds appropriated for grants under this
section and section 2003.
``(2) Effect of multistate award on state
minimum.--Any portion of a multistate award provided to
a State under subsection (d) shall be considered in
calculating the minimum State allocation under this
subsection.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated for grants under this section--
``(1) $950,000,000 for each of fiscal years 2008
through 2012; and
``(2) such sums as are necessary for fiscal year
2013, and each fiscal year thereafter.
``SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.
``(a) In General.--Notwithstanding section 2004(b), the
Administrator may award grants to directly eligible tribes
under section 2004.
``(b) Tribal Applications.--A directly eligible tribe may
apply for a grant under section 2004 by submitting an
application to the Administrator that includes, as appropriate,
the information required for an application by a State under
section 2004(b).
``(c) Consistency With State Plans.--
``(1) In general.--To ensure consistency with any
applicable State homeland security plan, a directly
eligible tribe applying for a grant under section 2004
shall provide a copy of its application to each State
within which any part of the tribe is located for
review before the tribe submits such application to the
Department.
``(2) Opportunity for comment.--If the Governor of
a State determines that the application of a directly
eligible tribe is inconsistent with the State homeland
security plan of that State, or otherwise does not
support the application, not later than 30 days after
the date of receipt of that application the Governor
shall--
``(A) notify the Administrator, in writing,
of that fact; and
``(B) provide an explanation of the reason
for not supporting the application.
``(d) Final Authority.--The Administrator shall have final
authority to approve any application of a directly eligible
tribe. The Administrator shall notify each State within the
boundaries of which any part of a directly eligible tribe is
located of the approval of an application by the tribe.
``(e) Prioritization.--The Administrator shall allocate
funds to directly eligible tribes in accordance with the
factors applicable to allocating funds among States under
section 2007.
``(f) Distribution of Awards to Directly Eligible Tribes.--
If the Administrator awards funds to a directly eligible tribe
under this section, the Administrator shall distribute the
grant funds directly to the tribe and not through any State.
``(g) Minimum Allocation.--
``(1) In general.--In allocating funds under this
section, the Administrator shall ensure that, for each
fiscal year, directly eligible tribes collectively
receive, from the funds appropriated for the State
Homeland Security Grant Program established under
section 2004, not less than an amount equal to 0.1
percent of the total funds appropriated for grants
under sections 2003 and 2004.
``(2) Exception.--This subsection shall not apply
in any fiscal year in which the Administrator--
``(A) receives fewer than 5 applications
under this section; or
``(B) does not approve at least 2
applications under this section.
``(h) Tribal Liaison.--A directly eligible tribe applying
for a grant under section 2004 shall designate an individual to
serve as a tribal liaison with the Department and other
Federal, State, local, and regional government officials
concerning preventing, preparing for, protecting against, and
responding to acts of terrorism.
``(i) Eligibility for Other Funds.--A directly eligible
tribe that receives a grant under section 2004 may receive
funds for other purposes under a grant from the State or States
within the boundaries of which any part of such tribe is
located and from any high-risk urban area of which it is a
part, consistent with the homeland security plan of the State
or high-risk urban area.
``(j) State Obligations.--
``(1) In general.--States shall be responsible for
allocating grant funds received under section 2004 to
tribal governments in order to help those tribal
communities achieve target capabilities not achieved
through grants to directly eligible tribes.
``(2) Distribution of grant funds.--With respect to
a grant to a State under section 2004, an Indian tribe
shall be eligible for funding directly from that State,
and shall not be required to seek funding from any
local government.
``(3) Imposition of requirements.--A State may not
impose unreasonable or unduly burdensome requirements
on an Indian tribe as a condition of providing the
Indian tribe with grant funds or resources under
section 2004.
``(k) Rule of Construction.--Nothing in this section shall
be construed to affect the authority of an Indian tribe that
receives funds under this subtitle.
``SEC. 2006. TERRORISM PREVENTION.
``(a) Law Enforcement Terrorism Prevention Program.--
``(1) In general.--The Administrator shall ensure
that not less than 25 percent of the total combined
funds appropriated for grants under sections 2003 and
2004 is used for law enforcement terrorism prevention
activities.
``(2) Law enforcement terrorism prevention
activities.--Law enforcement terrorism prevention
activities include--
``(A) information sharing and analysis;
``(B) target hardening;
``(C) threat recognition;
``(D) terrorist interdiction;
``(E) overtime expenses consistent with a
State homeland security plan, including for the
provision of enhanced law enforcement
operations in support of Federal agencies,
including for increased border security and
border crossing enforcement;
``(F) establishing, enhancing, and staffing
with appropriately qualified personnel State,
local, and regional fusion centers that comply
with the guidelines established under section
210A(i);
``(G) paying salaries and benefits for
personnel, including individuals employed by
the grant recipient on the date of the relevant
grant application, to serve as qualified
intelligence analysts;
``(H) any other activity permitted under
the Fiscal Year 2007 Program Guidance of the
Department for the Law Enforcement Terrorism
Prevention Program; and
``(I) any other terrorism prevention
activity authorized by the Administrator.
``(3) Participation of underrepresented communities
in fusion centers.--The Administrator shall ensure that
grant funds described in paragraph (1) are used to
support the participation, as appropriate, of law
enforcement and other emergency response providers from
rural and other underrepresented communities at risk
from acts of terrorism in fusion centers.
``(b) Office for State and Local Law Enforcement.--
``(1) Establishment.--There is established in the
Policy Directorate of the Department an Office for
State and Local Law Enforcement, which shall be headed
by an Assistant Secretary for State and Local Law
Enforcement.
``(2) Qualifications.--The Assistant Secretary for
State and Local Law Enforcement shall have an
appropriate background with experience in law
enforcement, intelligence, and other counterterrorism
functions.
``(3) Assignment of personnel.--The Secretary shall
assign to the Office for State and Local Law
Enforcement permanent staff and, as appropriate and
consistent with sections 506(c)(2), 821, and 888(d),
other appropriate personnel detailed from other
components of the Department to carry out the
responsibilities under this subsection.
``(4) Responsibilities.--The Assistant Secretary
for State and Local Law Enforcement shall--
``(A) lead the coordination of Department-
wide policies relating to the role of State and
local law enforcement in preventing, preparing
for, protecting against, and responding to
natural disasters, acts of terrorism, and other
man-made disasters within the United States;
``(B) serve as a liaison between State,
local, and tribal law enforcement agencies and
the Department;
``(C) coordinate with the Office of
Intelligence and Analysis to ensure the
intelligence and information sharing
requirements of State, local, and tribal law
enforcement agencies are being addressed;
``(D) work with the Administrator to ensure
that law enforcement and terrorism-focused
grants to State, local, and tribal government
agencies, including grants under sections 2003
and 2004, the Commercial Equipment Direct
Assistance Program, and other grants
administered by the Department to support
fusion centers and law enforcement-oriented
programs, are appropriately focused on
terrorism prevention activities;
``(E) coordinate with the Science and
Technology Directorate, the Federal Emergency
Management Agency, the Department of Justice,
the National Institute of Justice, law
enforcement organizations, and other
appropriate entities to support the
development, promulgation, and updating, as
necessary, of national voluntary consensus
standards for training and personal protective
equipment to be used in a tactical environment
by law enforcement officers; and
``(F) conduct, jointly with the
Administrator, a study to determine the
efficacy and feasibility of establishing
specialized law enforcement deployment teams to
assist State, local, and tribal governments in
responding to natural disasters, acts of
terrorism, or other man-made disasters and
report on the results of that study to the
appropriate committees of Congress.
``(5) Rule of construction.--Nothing in this
subsection shall be construed to diminish, supercede,
or replace the responsibilities, authorities, or role
of the Administrator.
``SEC. 2007. PRIORITIZATION.
``(a) In General.--In allocating funds among States and
high-risk urban areas applying for grants under section 2003 or
2004, the Administrator shall consider, for each State or high-
risk urban area--
``(1) its relative threat, vulnerability, and
consequences from acts of terrorism, including
consideration of--
``(A) its population, including appropriate
consideration of military, tourist, and
commuter populations;
``(B) its population density;
``(C) its history of threats, including
whether it has been the target of a prior act
of terrorism;
``(D) its degree of threat, vulnerability,
and consequences related to critical
infrastructure (for all critical infrastructure
sectors) or key resources identified by the
Administrator or the State homeland security
plan, including threats, vulnerabilities, and
consequences related to critical infrastructure
or key resources in nearby jurisdictions;
``(E) the most current threat assessments
available to the Department;
``(F) whether the State has, or the high-
risk urban area is located at or near, an
international border;
``(G) whether it has a coastline bordering
an ocean (including the Gulf of Mexico) or
international waters;
``(H) its likely need to respond to acts of
terrorism occurring in nearby jurisdictions;
``(I) the extent to which it has unmet
target capabilities;
``(J) in the case of a high-risk urban
area, the extent to which that high-risk urban
area includes--
``(i) those incorporated
municipalities, counties, parishes, and
Indian tribes within the relevant
eligible metropolitan area, the
inclusion of which will enhance
regional efforts to prevent, prepare
for, protect against, and respond to
acts of terrorism; and
``(ii) other local and tribal
governments in the surrounding area
that are likely to be called upon to
respond to acts of terrorism within the
high-risk urban area; and
``(K) such other factors as are specified
in writing by the Administrator; and
``(2) the anticipated effectiveness of the proposed
use of the grant by the State or high-risk urban area
in increasing the ability of that State or high-risk
urban area to prevent, prepare for, protect against,
and respond to acts of terrorism, to meet its target
capabilities, and to otherwise reduce the overall risk
to the high-risk urban area, the State, or the Nation.
``(b) Types of Threat.--In assessing threat under this
section, the Administrator shall consider the following types
of threat to critical infrastructure sectors and to populations
in all areas of the United States, urban and rural:
``(1) Biological.
``(2) Chemical.
``(3) Cyber.
``(4) Explosives.
``(5) Incendiary.
``(6) Nuclear.
``(7) Radiological.
``(8) Suicide bombers.
``(9) Such other types of threat determined
relevant by the Administrator.
``SEC. 2008. USE OF FUNDS.
``(a) Permitted Uses.--Grants awarded under section 2003 or
2004 may be used to achieve target capabilities related to
preventing, preparing for, protecting against, and responding
to acts of terrorism, consistent with a State homeland security
plan and relevant local, tribal, and regional homeland security
plans, through--
``(1) developing and enhancing homeland security,
emergency management, or other relevant plans,
assessments, or mutual aid agreements;
``(2) designing, conducting, and evaluating
training and exercises, including training and
exercises conducted under section 512 of this Act and
section 648 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 748);
``(3) protecting a system or asset included on the
prioritized critical infrastructure list established
under section 210E(a)(2);
``(4) purchasing, upgrading, storing, or
maintaining equipment, including computer hardware and
software;
``(5) ensuring operability and achieving
interoperability of emergency communications;
``(6) responding to an increase in the threat level
under the Homeland Security Advisory System, or to the
needs resulting from a National Special Security Event;
``(7) establishing, enhancing, and staffing with
appropriately qualified personnel State, local, and
regional fusion centers that comply with the guidelines
established under section 210A(i);
``(8) enhancing school preparedness;
``(9) supporting public safety answering points;
``(10) paying salaries and benefits for personnel,
including individuals employed by the grant recipient
on the date of the relevant grant application, to serve
as qualified intelligence analysts;
``(11) paying expenses directly related to
administration of the grant, except that such expenses
may not exceed 3 percent of the amount of the grant;
``(12) any activity permitted under the Fiscal Year
2007 Program Guidance of the Department for the State
Homeland Security Grant Program, the Urban Area
Security Initiative (including activities permitted
under the full-time counterterrorism staffing pilot),
or the Law Enforcement Terrorism Prevention Program;
and
``(13) any other appropriate activity, as
determined by the Administrator.
``(b) Limitations on Use of Funds.--
``(1) In general.--Funds provided under section
2003 or 2004 may not be used--
``(A) to supplant State or local funds,
except that nothing in this paragraph shall
prohibit the use of grant funds provided to a
State or high-risk urban area for otherwise
permissible uses under subsection (a) on the
basis that a State or high-risk urban area has
previously used State or local funds to support
the same or similar uses; or
``(B) for any State or local government
cost-sharing contribution.
``(2) Personnel.--
``(A) In general.--Not more than 50 percent
of the amount awarded to a grant recipient
under section 2003 or 2004 in any fiscal year
may be used to pay for personnel, including
overtime and backfill costs, in support of the
permitted uses under subsection (a).
``(B) Waiver.--At the request of the
recipient of a grant under section 2003 or
2004, the Administrator may grant a waiver of
the limitation under subparagraph (A).
``(3) Construction.--
``(A) In general.--A grant awarded under
section 2003 or 2004 may not be used to acquire
land or to construct buildings or other
physical facilities.
``(B) Exceptions.--
``(i) In general.--Notwithstanding
subparagraph (A), nothing in this
paragraph shall prohibit the use of a
grant awarded under section 2003 or
2004 to achieve target capabilities
related to preventing, preparing for,
protecting against, or responding to
acts of terrorism, including through
the alteration or remodeling of
existing buildings for the purpose of
making such buildings secure against
acts of terrorism.
``(ii) Requirements for
exception.--No grant awarded under
section 2003 or 2004 may be used for a
purpose described in clause (i)
unless--
``(I) specifically approved
by the Administrator;
``(II) any construction
work occurs under terms and
conditions consistent with the
requirements under section
611(j)(9) of the Robert T.
Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C. 5196(j)(9)); and
``(III) the amount
allocated for purposes under
clause (i) does not exceed the
greater of $1,000,000 or 15
percent of the grant award.
``(4) Recreation.--Grants awarded under this
subtitle may not be used for recreational or social
purposes.
``(c) Multiple-Purpose Funds.--Nothing in this subtitle
shall be construed to prohibit State, local, or tribal
governments from using grant funds under sections 2003 and 2004
in a manner that enhances preparedness for disasters unrelated
to acts of terrorism, if such use assists such governments in
achieving target capabilities related to preventing, preparing
for, protecting against, or responding to acts of terrorism.
``(d) Reimbursement of Costs.--
``(1) Paid-on-call or volunteer reimbursement.--In
addition to the activities described in subsection (a),
a grant under section 2003 or 2004 may be used to
provide a reasonable stipend to paid-on-call or
volunteer emergency response providers who are not
otherwise compensated for travel to or participation in
training or exercises related to the purposes of this
subtitle. Any such reimbursement shall not be
considered compensation for purposes of rendering an
emergency response provider an employee under the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
``(2) Performance of federal duty.--An applicant
for a grant under section 2003 or 2004 may petition the
Administrator to use the funds from its grants under
those sections for the reimbursement of the cost of any
activity relating to preventing, preparing for,
protecting against, or responding to acts of terrorism
that is a Federal duty and usually performed by a
Federal agency, and that is being performed by a State
or local government under agreement with a Federal
agency.
``(e) Flexibility in Unspent Homeland Security Grant
Funds.--Upon request by the recipient of a grant under section
2003 or 2004, the Administrator may authorize the grant
recipient to transfer all or part of the grant funds from uses
specified in the grant agreement to other uses authorized under
this section, if the Administrator determines that such
transfer is in the interests of homeland security.
``(f) Equipment Standards.--If an applicant for a grant
under section 2003 or 2004 proposes to upgrade or purchase,
with assistance provided under that grant, new equipment or
systems that do not meet or exceed any applicable national
voluntary consensus standards developed under section 647 of
the Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 747), the applicant shall include in its application an
explanation of why such equipment or systems will serve the
needs of the applicant better than equipment or systems that
meet or exceed such standards.
``Subtitle B--Grants Administration
``SEC. 2021. ADMINISTRATION AND COORDINATION.
``(a) Regional Coordination.--The Administrator shall
ensure that--
``(1) all recipients of grants administered by the
Department to prevent, prepare for, protect against, or
respond to natural disasters, acts of terrorism, or
other man-made disasters (excluding assistance provided
under section 203, title IV, or title V of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.))
coordinate, as appropriate, their prevention,
preparedness, and protection efforts with neighboring
State, local, and tribal governments; and
``(2) all high-risk urban areas and other
recipients of grants administered by the Department to
prevent, prepare for, protect against, or respond to
natural disasters, acts of terrorism, or other man-made
disasters (excluding assistance provided under section
203, title IV, or title V of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133, 5170 et seq., and 5191 et seq.)) that include or
substantially affect parts or all of more than 1 State
coordinate, as appropriate, across State boundaries,
including, where appropriate, through the use of
regional working groups and requirements for regional
plans.
``(b) Planning Committees.--
``(1) In general.--Any State or high-risk urban
area receiving a grant under section 2003 or 2004 shall
establish a planning committee to assist in preparation
and revision of the State, regional, or local homeland
security plan and to assist in determining effective
funding priorities for grants under sections 2003 and
2004.
``(2) Composition.--
``(A) In general.--The planning committee
shall include representatives of significant
stakeholders, including--
``(i) local and tribal government
officials; and
``(ii) emergency response
providers, which shall include
representatives of the fire service,
law enforcement, emergency medical
response, and emergency managers.
``(B) Geographic representation.--The
members of the planning committee shall be a
representative group of individuals from the
counties, cities, towns, and Indian tribes
within the State or high-risk urban area,
including, as appropriate, representatives of
rural, high-population, and high-threat
jurisdictions.
``(3) Existing planning committees.--Nothing in
this subsection may be construed to require that any
State or high-risk urban area create a planning
committee if that State or high-risk urban area has
established and uses a multijurisdictional planning
committee or commission that meets the requirements of
this subsection.
``(c) Interagency Coordination.--
``(1) In general.--Not later than 12 months after
the date of enactment of the Implementing
Recommendations of the
9/11 Commission Act of 2007, the Secretary (acting
through the Administrator), the Attorney General, the
Secretary of Health and Human Services, and the heads
of other agencies providing assistance to State, local,
and tribal governments for preventing, preparing for,
protecting against, and responding to natural
disasters, acts of terrorism, and other man-made
disasters, shall jointly--
``(A) compile a comprehensive list of
Federal grant programs for State, local, and
tribal governments for preventing, preparing
for, protecting against, and responding to
natural disasters, acts of terrorism, and other
man-made disasters;
``(B) compile the planning, reporting,
application, and other requirements and
guidance for the grant programs described in
subparagraph (A);
``(C) develop recommendations, as
appropriate, to--
``(i) eliminate redundant and
duplicative requirements for State,
local, and tribal governments,
including onerous application and
ongoing reporting requirements;
``(ii) ensure accountability of the
programs to the intended purposes of
such programs;
``(iii) coordinate allocation of
grant funds to avoid duplicative or
inconsistent purchases by the
recipients;
``(iv) make the programs more
accessible and user friendly to
applicants; and
``(v) ensure the programs are
coordinated to enhance the overall
preparedness of the Nation;
``(D) submit the information and
recommendations under subparagraphs (A), (B),
and (C) to the appropriate committees of
Congress; and
``(E) provide the appropriate committees of
Congress, the Comptroller General, and any
officer or employee of the Government
Accountability Office with full access to any
information collected or reviewed in preparing
the submission under subparagraph (D).
``(2) Scope of task.--Nothing in this subsection
shall authorize the elimination, or the alteration of
the purposes, as delineated by statute, regulation, or
guidance, of any grant program that exists on the date
of the enactment of the Implementing Recommendations of
the 9/11 Commission Act of 2007, nor authorize the
review or preparation of proposals on the elimination,
or the alteration of such purposes, of any such grant
program.
``(d) Sense of Congress.--It is the sense of Congress that,
in order to ensure that the Nation is most effectively able to
prevent, prepare for, protect against, and respond to all
hazards, including natural disasters, acts of terrorism, and
other man-made disasters--
``(1) the Department should administer a coherent
and coordinated system of both terrorism-focused and
all-hazards grants;
``(2) there should be a continuing and appropriate
balance between funding for terrorism-focused and all-
hazards preparedness, as reflected in the
authorizations of appropriations for grants under the
amendments made by titles I and II, as applicable, of
the Implementing Recommendations of the 9/11 Commission
Act of 2007; and
``(3) with respect to terrorism-focused grants, it
is necessary to ensure both that the target
capabilities of the highest risk areas are achieved
quickly and that basic levels of preparedness, as
measured by the attainment of target capabilities, are
achieved nationwide.
``SEC. 2022. ACCOUNTABILITY.
``(a) Audits of Grant Programs.--
``(1) Compliance requirements.--
``(A) Audit requirement.--Each recipient of
a grant administered by the Department that
expends not less than $500,000 in Federal funds
during its fiscal year shall submit to the
Administrator a copy of the organization-wide
financial and compliance audit report required
under chapter 75 of title 31, United States
Code.
``(B) Access to information.--The
Department and each recipient of a grant
administered by the Department shall provide
the Comptroller General and any officer or
employee of the Government Accountability
Office with full access to information
regarding the activities carried out related to
any grant administered by the Department.
``(C) Improper payments.--Consistent with
the Improper Payments Information Act of 2002
(31 U.S.C. 3321 note), for each of the grant
programs under sections 2003 and 2004 of this
title and section 662 of the Post-Katrina
Emergency Management Reform Act of 2006 (6
U.S.C. 762), the Administrator shall specify
policies and procedures for--
``(i) identifying activities funded
under any such grant program that are
susceptible to significant improper
payments; and
``(ii) reporting any improper
payments to the Department.
``(2) Agency program review.--
``(A) In general.--Not less than once every
2 years, the Administrator shall conduct, for
each State and high-risk urban area receiving a
grant administered by the Department, a
programmatic and financial review of all grants
awarded by the Department to prevent, prepare
for, protect against, or respond to natural
disasters, acts of terrorism, or other man-made
disasters, excluding assistance provided under
section 203, title IV, or title V of the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133, 5170 et seq.,
and 5191 et seq.).
``(B) Contents.--Each review under
subparagraph (A) shall, at a minimum, examine--
``(i) whether the funds awarded
were used in accordance with the law,
program guidance, and State homeland
security plans or other applicable
plans; and
``(ii) the extent to which funds
awarded enhanced the ability of a
grantee to prevent, prepare for,
protect against, and respond to natural
disasters, acts of terrorism, and other
man-made disasters.
``(C) Authorization of appropriations.--In
addition to any other amounts authorized to be
appropriated to the Administrator, there are
authorized to be appropriated to the
Administrator for reviews under this
paragraph--
``(i) $8,000,000 for each of fiscal
years 2008, 2009, and 2010; and
``(ii) such sums as are necessary
for fiscal year 2011, and each fiscal
year thereafter.
``(3) Office of inspector general performance
audits.--
``(A) In general.--In order to ensure the
effective and appropriate use of grants
administered by the Department, the Inspector
General of the Department each year shall
conduct audits of a sample of States and high-
risk urban areas that receive grants
administered by the Department to prevent,
prepare for, protect against, or respond to
natural disasters, acts of terrorism, or other
man-made disasters, excluding assistance
provided under section 203, title IV, or title
V of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133, 5170
et seq., and 5191 et seq.).
``(B) Determining samples.--The sample
selected for audits under subparagraph (A)
shall be--
``(i) of an appropriate size to--
``(I) assess the overall
integrity of the grant programs
described in subparagraph (A);
and
``(II) act as a deterrent
to financial mismanagement; and
``(ii) selected based on--
``(I) the size of the
grants awarded to the
recipient;
``(II) the past grant
management performance of the
recipient;
``(III) concerns identified
by the Administrator, including
referrals from the
Administrator; and
``(IV) such other factors
as determined by the Inspector
General of the Department.
``(C) Comprehensive auditing.--During the
7-year period beginning on the date of
enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the
Inspector General of the Department shall
conduct not fewer than 1 audit of each State
that receives funds under a grant under section
2003 or 2004.
``(D) Report by the inspector general.--
``(i) In general.--The Inspector
General of the Department shall submit
to the appropriate committees of
Congress an annual consolidated report
regarding the audits completed during
the fiscal year before the date of that
report.
``(ii) Contents.--Each report
submitted under clause (i) shall
describe, for the fiscal year before
the date of that report--
``(I) the audits conducted
under subparagraph (A);
``(II) the findings of the
Inspector General with respect
to the audits conducted under
subparagraph (A);
``(III) whether the funds
awarded were used in accordance
with the law, program guidance,
and State homeland security
plans and other applicable
plans; and
``(IV) the extent to which
funds awarded enhanced the
ability of a grantee to
prevent, prepare for, protect
against, and respond to natural
disasters, acts of terrorism
and other man-made disasters.
``(iii) Deadline.--For each year,
the report required under clause (i)
shall be submitted not later than
December 31.
``(E) Public availability on website.--The
Inspector General of the Department shall make
each audit conducted under subparagraph (A)
available on the website of the Inspector
General, subject to redaction as the Inspector
General determines necessary to protect
classified and other sensitive information.
``(F) Provision of information to
administrator.--The Inspector General of the
Department shall provide to the Administrator
any findings and recommendations from audits
conducted under subparagraph (A).
``(G) Evaluation of grants management and
oversight.--Not later than 1 year after the
date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of
2007, the Inspector General of the Department
shall review and evaluate the grants management
and oversight practices of the Federal
Emergency Management Agency, including
assessment of and recommendations relating to--
``(i) the skills, resources, and
capabilities of the workforce; and
``(ii) any additional resources and
staff necessary to carry out such
management and oversight.
``(H) Authorization of appropriations.--In
addition to any other amounts authorized to be
appropriated to the Inspector General of the
Department, there are authorized to be
appropriated to the Inspector General of the
Department for audits under subparagraph (A)--
``(i) $8,500,000 for each of fiscal
years 2008, 2009, and 2010; and
``(ii) such sums as are necessary
for fiscal year 2011, and each fiscal
year thereafter.
``(4) Performance assessment.--In order to ensure
that States and high-risk urban areas are using grants
administered by the Department appropriately to meet
target capabilities and preparedness priorities, the
Administrator shall--
``(A) ensure that any such State or high-
risk urban area conducts or participates in
exercises under section 648(b) of the Post-
Katrina Emergency Management Reform Act of 2006
(6 U.S.C. 748(b));
``(B) use performance metrics in accordance
with the comprehensive assessment system under
section 649 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 749)
and ensure that any such State or high-risk
urban area regularly tests its progress against
such metrics through the exercises required
under subparagraph (A);
``(C) use the remedial action management
program under section 650 of the Post-Katrina
Emergency Management Reform Act of 2006 (6
U.S.C. 750); and
``(D) ensure that each State receiving a
grant administered by the Department submits a
report to the Administrator on its level of
preparedness, as required by section 652(c) of
the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 752(c)).
``(5) Consideration of assessments.--In conducting
program reviews and performance audits under paragraphs
(2) and (3), the Administrator and the Inspector
General of the Department shall take into account the
performance assessment elements required under
paragraph (4).
``(6) Recovery audits.--The Administrator shall
conduct a recovery audit (as that term is defined by
the Director of the Office of Management and Budget
under section 3561 of title 31, United States Code) for
any grant administered by the Department with a total
value of not less than $1,000,000, if the Administrator
finds that--
``(A) a financial audit has identified
improper payments that can be recouped; and
``(B) it is cost effective to conduct a
recovery audit to recapture the targeted funds.
``(7) Remedies for noncompliance.--
``(A) In general.--If, as a result of a
review or audit under this subsection or
otherwise, the Administrator finds that a
recipient of a grant under this title has
failed to substantially comply with any
provision of law or with any regulations or
guidelines of the Department regarding eligible
expenditures, the Administrator shall--
``(i) reduce the amount of payment
of grant funds to the recipient by an
amount equal to the amount of grants
funds that were not properly expended
by the recipient;
``(ii) limit the use of grant funds
to programs, projects, or activities
not affected by the failure to comply;
``(iii) refer the matter to the
Inspector General of the Department for
further investigation;
``(iv) terminate any payment of
grant funds to be made to the
recipient; or
``(v) take such other action as the
Administrator determines appropriate.
``(B) Duration of penalty.--The
Administrator shall apply an appropriate
penalty under subparagraph (A) until such time
as the Administrator determines that the grant
recipient is in full compliance with the law
and with applicable guidelines or regulations
of the Department.
``(b) Reports by Grant Recipients.--
``(1) Quarterly reports on homeland security
spending.--
``(A) In general.--As a condition of
receiving a grant under section 2003 or 2004, a
State, high-risk urban area, or directly
eligible tribe shall, not later than 30 days
after the end of each Federal fiscal quarter,
submit to the Administrator a report on
activities performed using grant funds during
that fiscal quarter.
``(B) Contents.--Each report submitted
under subparagraph (A) shall at a minimum
include, for the applicable State, high-risk
urban area, or directly eligible tribe, and
each subgrantee thereof--
``(i) the amount obligated to that
recipient under section 2003 or 2004 in
that quarter;
``(ii) the amount of funds received
and expended under section 2003 or 2004
by that recipient in that quarter; and
``(iii) a summary description of
expenditures made by that recipient
using such funds, and the purposes for
which such expenditures were made.
``(C) End-of-year report.--The report
submitted under subparagraph (A) by a State,
high-risk urban area, or directly eligible
tribe relating to the last quarter of any
fiscal year shall include--
``(i) the amount and date of
receipt of all funds received under the
grant during that fiscal year;
``(ii) the identity of, and amount
provided to, any subgrantee for that
grant during that fiscal year;
``(iii) the amount and the dates of
disbursements of all such funds
expended in compliance with section
2021(a)(1) or under mutual aid
agreements or other sharing
arrangements that apply within the
State, high-risk urban area, or
directly eligible tribe, as applicable,
during that fiscal year; and
``(iv) how the funds were used by
each recipient or subgrantee during
that fiscal year.
``(2) Annual report.--Any State applying for a
grant under section 2004 shall submit to the
Administrator annually a State preparedness report, as
required by section 652(c) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C.
752(c)).
``(c) Reports by the Administrator.--
``(1) Federal preparedness report.--The
Administrator shall submit to the appropriate
committees of Congress annually the Federal
Preparedness Report required under section 652(a) of
the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 752(a)).
``(2) Risk assessment.--
``(A) In general.--For each fiscal year,
the Administrator shall provide to the
appropriate committees of Congress a detailed
and comprehensive explanation of the
methodologies used to calculate risk and
compute the allocation of funds for grants
administered by the Department, including--
``(i) all variables included in the
risk assessment and the weights
assigned to each such variable;
``(ii) an explanation of how each
such variable, as weighted, correlates
to risk, and the basis for concluding
there is such a correlation; and
``(iii) any change in the
methodologies from the previous fiscal
year, including changes in variables
considered, weighting of those
variables, and computational methods.
``(B) Classified annex.--The information
required under subparagraph (A) shall be
provided in unclassified form to the greatest
extent possible, and may include a classified
annex if necessary.
``(C) Deadline.--For each fiscal year, the
information required under subparagraph (A)
shall be provided on the earlier of--
``(i) October 31; or
``(ii) 30 days before the issuance
of any program guidance for grants
administered by the Department.
``(3) Tribal funding report.--At the end of each
fiscal year, the Administrator shall submit to the
appropriate committees of Congress a report setting
forth the amount of funding provided during that fiscal
year to Indian tribes under any grant program
administered by the Department, whether provided
directly or through a subgrant from a State or high-
risk urban area.''.
SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.
(a) National Advisory Council.--Section 508(b) of the
Homeland Security Act of 2002 (6 U.S.C. 318(b)) is amended--
(1) by striking ``The National Advisory'' the first
place that term appears and inserting the following:
``(1) In general.--The National Advisory''; and
(2) by adding at the end the following:
``(2) Consultation on grants.--To ensure input from
and coordination with State, local, and tribal
governments and emergency response providers, the
Administrator shall regularly consult and work with the
National Advisory Council on the administration and
assessment of grant programs administered by the
Department, including with respect to the development
of program guidance and the development and evaluation
of risk-assessment methodologies, as appropriate.''.
(b) Evacuation Planning.--Section 512(b)(5)(A) of the
Homeland Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is
amended by inserting ``, including the elderly'' after
``needs''.
SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGEMENT REFORM
ACT OF 2006.
(a) Funding Efficacy.--Section 652(a)(2) of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
752(a)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the
end;
(2) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(E) an evaluation of the extent to which
grants administered by the Department,
including grants under title XX of the Homeland
Security Act of 2002--
``(i) have contributed to the
progress of State, local, and tribal
governments in achieving target
capabilities; and
``(ii) have led to the reduction of
risk from natural disasters, acts of
terrorism, or other man-made disasters
nationally and in State, local, and
tribal jurisdictions.''.
(b) State Preparedness Report.--Section 652(c)(2)(D) of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
752(c)(2)(D)) is amended by striking ``an assessment of
resource needs'' and inserting ``a discussion of the extent to
which target capabilities identified in the applicable State
homeland security plan and other applicable plans remain unmet
and an assessment of resources needed''.
SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(1) by redesignating title XVIII, as added by the
SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as
title XIX;
(2) by redesignating sections 1801 through 1806, as
added by the SAFE Port Act (Public Law 109-347; 120
Stat. 1884), as sections 1901 through 1906,
respectively;
(3) in section 1904(a), as so redesignated, by
striking ``section 1802'' and inserting ``section
1902'';
(4) in section 1906, as so redesignated, by
striking ``section 1802(a)'' each place that term
appears and inserting ``section 1902(a)''; and
(5) in the table of contents in section 1(b), by
striking the items relating to title XVIII and sections
1801 through 1806, as added by the SAFE Port Act
(Public Law 109-347; 120 Stat. 1884), and inserting the
following:
``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
``Sec. 1901. Domestic Nuclear Detection Office.
``Sec. 1902. Mission of Office.
``Sec. 1903. Hiring authority.
``Sec. 1904. Testing authority.
``Sec. 1905. Relationship to other Department entities and Federal
agencies.
``Sec. 1906. Contracting and grant making authorities.
``TITLE XX--HOMELAND SECURITY GRANTS
``Sec. 2001. Definitions.
``Subtitle A--Grants to States and High-Risk Urban Areas
``Sec. 2002. Homeland Security Grant Programs.
``Sec. 2003. Urban Area Security Initiative.
``Sec. 2004. State Homeland Security Grant Program.
``Sec. 2005. Grants to directly eligible tribes.
``Sec. 2006. Terrorism prevention.
``Sec. 2007. Prioritization.
``Sec. 2008. Use of funds.
``Subtitle B--Grants Administration
``Sec. 2021. Administration and coordination.
``Sec. 2022. Accountability.''.
TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS
SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.
Section 662 of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 762) is amended to read as follows:
``SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
``(a) Definitions.--In this section--
``(1) the term `program' means the emergency
management performance grants program described in
subsection (b); and
``(2) the term `State' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
``(b) In General.--The Administrator of the Federal
Emergency Management Agency shall continue implementation of an
emergency management performance grants program, to make grants
to States to assist State, local, and tribal governments in
preparing for all hazards, as authorized by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
``(c) Federal Share.--Except as otherwise specifically
provided by title VI of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the
Federal share of the cost of an activity carried out using
funds made available under the program shall not exceed 50
percent.
``(d) Apportionment.--For fiscal year 2008, and each fiscal
year thereafter, the Administrator shall apportion the amounts
appropriated to carry out the program among the States as
follows:
``(1) Baseline amount.--The Administrator shall
first apportion 0.25 percent of such amounts to each of
American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands and 0.75
percent of such amounts to each of the remaining
States.
``(2) Remainder.--The Administrator shall apportion
the remainder of such amounts in the ratio that--
``(A) the population of each State; bears
to
``(B) the population of all States.
``(e) Consistency in Allocation.--Notwithstanding
subsection (d), in any fiscal year before fiscal year 2013 in
which the appropriation for grants under this section is equal
to or greater than the appropriation for emergency management
performance grants in fiscal year 2007, no State shall receive
an amount under this section for that fiscal year less than the
amount that State received in fiscal year 2007.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the program--
``(1) for fiscal year 2008, $400,000,000;
``(2) for fiscal year 2009, $535,000,000;
``(3) for fiscal year 2010, $680,000,000;
``(4) for fiscal year 2011, $815,000,000; and
``(5) for fiscal year 2012, $950,000,000.''.
SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.
Section 614 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196c) is amended to read
as follows:
``SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.
``(a) Grants.--The Administrator of the Federal Emergency
Management Agency may make grants to States under this title
for equipping, upgrading, and constructing State and local
emergency operations centers.
``(b) Federal Share.--Notwithstanding any other provision
of this title, the Federal share of the cost of an activity
carried out using amounts from grants made under this section
shall not exceed 75 percent.''.
TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST
RESPONDERS
SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.
(a) Establishment.--Title XVIII of the Homeland Security
Act of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the
end the following new section:
``SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.
``(a) Establishment.--The Secretary shall establish the
Interoperable Emergency Communications Grant Program to make
grants to States to carry out initiatives to improve local,
tribal, statewide, regional, national and, where appropriate,
international interoperable emergency communications, including
communications in collective response to natural disasters,
acts of terrorism, and other man-made disasters.
``(b) Policy.--The Director for Emergency Communications
shall ensure that a grant awarded to a State under this section
is consistent with the policies established pursuant to the
responsibilities and authorities of the Office of Emergency
Communications under this title, including ensuring that
activities funded by the grant--
``(1) comply with the statewide plan for that State
required by section 7303(f) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f));
and
``(2) comply with the National Emergency
Communications Plan under section 1802, when completed.
``(c) Administration.--
``(1) In general.--The Administrator of the Federal
Emergency Management Agency shall administer the
Interoperable Emergency Communications Grant Program
pursuant to the responsibilities and authorities of the
Administrator under title V of the Act.
``(2) Guidance.--In administering the grant
program, the Administrator shall ensure that the use of
grants is consistent with guidance established by the
Director of Emergency Communications pursuant to
section 7303(a)(1)(H) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C.
194(a)(1)(H)).
``(d) Use of Funds.--A State that receives a grant under
this section shall use the grant to implement that State's
Statewide Interoperability Plan required under section 7303(f)
of the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 194(f)) and approved under subsection (e), and to
assist with activities determined by the Secretary to be
integral to interoperable emergency communications.
``(e) Approval of Plans.--
``(1) Approval as condition of grant.--Before a
State may receive a grant under this section, the
Director of Emergency Communications shall approve the
State's Statewide Interoperable Communications Plan
required under section 7303(f) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(f)).
``(2) Plan requirements.--In approving a plan under
this subsection, the Director of Emergency
Communications shall ensure that the plan--
``(A) is designed to improve
interoperability at the city, county, regional,
State and interstate level;
``(B) considers any applicable local or
regional plan; and
``(C) complies, to the maximum extent
practicable, with the National Emergency
Communications Plan under section 1802.
``(3) Approval of revisions.--The Director of
Emergency Communications may approve revisions to a
State's plan if the Director determines that doing so
is likely to further interoperability.
``(f) Limitations on Uses of Funds.--
``(1) In general.--The recipient of a grant under
this section may not use the grant--
``(A) to supplant State or local funds;
``(B) for any State or local government
cost-sharing contribution; or
``(C) for recreational or social purposes.
``(2) Penalties.--In addition to other remedies
currently available, the Secretary may take such
actions as necessary to ensure that recipients of grant
funds are using the funds for the purpose for which
they were intended.
``(g) Limitations on Award of Grants.--
``(1) National emergency communications plan
required.--The Secretary may not award a grant under
this section before the date on which the Secretary
completes and submits to Congress the National
Emergency Communications Plan required under section
1802.
``(2) Voluntary consensus standards.--The Secretary
may not award a grant to a State under this section for
the purchase of equipment that does not meet applicable
voluntary consensus standards, unless the State
demonstrates that there are compelling reasons for such
purchase.
``(h) Award of Grants.--In approving applications and
awarding grants under this section, the Secretary shall
consider--
``(1) the risk posed to each State by natural
disasters, acts of terrorism, or other manmade
disasters, including--
``(A) the likely need of a jurisdiction
within the State to respond to such risk in
nearby jurisdictions;
``(B) the degree of threat, vulnerability,
and consequences related to critical
infrastructure (from all critical
infrastructure sectors) or key resources
identified by the Administrator or the State
homeland security and emergency management
plans, including threats to, vulnerabilities
of, and consequences from damage to critical
infrastructure and key resources in nearby
jurisdictions;
``(C) the size of the population and
density of the population of the State,
including appropriate consideration of
military, tourist, and commuter populations;
``(D) whether the State is on or near an
international border;
``(E) whether the State encompasses an
economically significant border crossing; and
``(F) whether the State has a coastline
bordering an ocean, a major waterway used for
interstate commerce, or international waters,
and
``(2) the anticipated effectiveness of the State's
proposed use of grant funds to improve
interoperability.
``(i) Opportunity to Amend Applications.--In considering
applications for grants under this section, the Administrator
shall provide applicants with a reasonable opportunity to
correct defects in the application, if any, before making final
awards.
``(j) Minimum Grant Amounts.--
``(1) States.--In awarding grants under this
section, the Secretary shall ensure that for each
fiscal year, except as provided in paragraph (2), no
State receives a grant in an amount that is less than
the following percentage of the total amount
appropriated for grants under this section for that
fiscal year:
``(A) For fiscal year 2008, 0.50 percent.
``(B) For fiscal year 2009, 0.50 percent.
``(C) For fiscal year 2010, 0.45 percent.
``(D) For fiscal year 2011, 0.40 percent.
``(E) For fiscal year 2012 and each
subsequent fiscal year, 0.35 percent.
``(2) Territories and possessions.--In awarding
grants under this section, the Secretary shall ensure
that for each fiscal year, American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and
the Virgin Islands each receive grants in amounts that
are not less than 0.08 percent of the total amount
appropriated for grants under this section for that
fiscal year.
``(k) Certification.--Each State that receives a grant
under this section shall certify that the grant is used for the
purpose for which the funds were intended and in compliance
with the State's approved Statewide Interoperable
Communications Plan.
``(l) State Responsibilities.--
``(1) Availability of funds to local and tribal
governments.--Not later than 45 days after receiving
grant funds, any State that receives a grant under this
section shall obligate or otherwise make available to
local and tribal governments--
``(A) not less than 80 percent of the grant
funds;
``(B) with the consent of local and tribal
governments, eligible expenditures having a
value of not less than 80 percent of the amount
of the grant; or
``(C) grant funds combined with other
eligible expenditures having a total value of
not less than 80 percent of the amount of the
grant.
``(2) Allocation of funds.--A State that receives a
grant under this section shall allocate grant funds to
tribal governments in the State to assist tribal
communities in improving interoperable communications,
in a manner consistent with the Statewide Interoperable
Communications Plan. A State may not impose
unreasonable or unduly burdensome requirements on a
tribal government as a condition of providing grant
funds or resources to the tribal government.
``(3) Penalties.--If a State violates the
requirements of this subsection, in addition to other
remedies available to the Secretary, the Secretary may
terminate or reduce the amount of the grant awarded to
that State or transfer grant funds previously awarded
to the State directly to the appropriate local or
tribal government.
``(m) Reports.--
``(1) Annual reports by state grant recipients.--A
State that receives a grant under this section shall
annually submit to the Director of Emergency
Communications a report on the progress of the State in
implementing that State's Statewide Interoperable
Communications Plans required under section 7303(f) of
the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 194(f)) and achieving interoperability
at the city, county, regional, State, and interstate
levels. The Director shall make the reports publicly
available, including by making them available on the
Internet website of the Office of Emergency
Communications, subject to any redactions that the
Director determines are necessary to protect classified
or other sensitive information.
``(2) Annual reports to congress.--At least once
each year, the Director of Emergency Communications
shall submit to Congress a report on the use of grants
awarded under this section and any progress in
implementing Statewide Interoperable Communications
Plans and improving interoperability at the city,
county, regional, State, and interstate level, as a
result of the award of such grants.
``(n) Rule of Construction.--Nothing in this section shall
be construed or interpreted to preclude a State from using a
grant awarded under this section for interim or long-term
Internet Protocol-based interoperable solutions.
``(o) Authorization of Appropriations.--There are
authorized to be appropriated for grants under this section--
``(1) for fiscal year 2008, such sums as may be
necessary;
``(2) for each of fiscal years 2009 through 2012,
$400,000,000; and
``(3) for each subsequent fiscal year, such sums as
may be necessary.''.
(b) Clerical Amendment.--The table of contents in section
l(b) of such Act is amended by inserting after the item
relating to section 1808 the following:
``Sec. 1809. Interoperable Emergency Communications Grant Program.''.
(c) Interoperable Communications Plans.--Section 7303 of
the Intelligence Reform and Terrorist Prevention Act of 2004 (6
U.S.C. 194) is amended--
(1) in subsection (f)--
(A) in paragraph (4), by striking ``and''
at the end;
(B) in paragraph (5), by striking the
period at the end and inserting a semicolon;
and
(C) by adding at the end the following:
``(6) include information on the governance
structure used to develop the plan, including such
information about all agencies and organizations that
participated in developing the plan and the scope and
timeframe of the plan; and
``(7) describe the method by which multi-
jurisdictional, multidisciplinary input is provided
from all regions of the jurisdiction, including any
high-threat urban areas located in the jurisdiction,
and the process for continuing to incorporate such
input.'';
(2) in subsection (g)(1), by striking ``or video''
and inserting ``and video''.
(d) National Emergency Communications Plan.--Section
1802(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c))
is amended--
(1) in paragraph (8), by striking ``and'' at the
end;
(2) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(10) set a date, including interim benchmarks, as
appropriate, by which State, local, and tribal
governments, Federal departments and agencies, and
emergency response providers expect to achieve a
baseline level of national interoperable
communications, as that term is defined under section
7303(g)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(g)(1)).''.
SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
(a) In General.--Title XVIII of the Homeland Security Act
of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end
the following new section:
``SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
``(a) In General.--
``(1) Establishment.--The Secretary, acting through
the Director of the Office of Emergency Communications
(referred to in this section as the `Director'), and in
coordination with the Federal Communications Commission
and the Secretary of Commerce, shall establish an
International Border Community Interoperable
Communications Demonstration Project (referred to in
this section as the `demonstration project').
``(2) Minimum number of communities.--The Director
shall select no fewer than 6 communities to participate
in a demonstration project.
``(3) Location of communities.--No fewer than 3 of
the communities selected under paragraph (2) shall be
located on the northern border of the United States and
no fewer than 3 of the communities selected under
paragraph (2) shall be located on the southern border
of the United States.
``(b) Conditions.--The Director, in coordination with the
Federal Communications Commission and the Secretary of
Commerce, shall ensure that the project is carried out as soon
as adequate spectrum is available as a result of the 800
megahertz rebanding process in border areas, and shall ensure
that the border projects do not impair or impede the rebanding
process, but under no circumstances shall funds be distributed
under this section unless the Federal Communications Commission
and the Secretary of Commerce agree that these conditions have
been met.
``(c) Program Requirements.--Consistent with the
responsibilities of the Office of Emergency Communications
under section 1801, the Director shall foster local, tribal,
State, and Federal interoperable emergency communications, as
well as interoperable emergency communications with appropriate
Canadian and Mexican authorities in the communities selected
for the demonstration project. The Director shall--
``(1) identify solutions to facilitate
interoperable communications across national borders
expeditiously;
``(2) help ensure that emergency response providers
can communicate with each other in the event of natural
disasters, acts of terrorism, and other man-made
disasters;
``(3) provide technical assistance to enable
emergency response providers to deal with threats and
contingencies in a variety of environments;
``(4) identify appropriate joint-use equipment to
ensure communications access;
``(5) identify solutions to facilitate
communications between emergency response providers in
communities of differing population densities; and
``(6) take other actions or provide equipment as
the Director deems appropriate to foster interoperable
emergency communications.
``(d) Distribution of Funds.--
``(1) In general.--The Secretary shall distribute
funds under this section to each community
participating in the demonstration project through the
State, or States, in which each community is located.
``(2) Other participants.--A State shall make the
funds available promptly to the local and tribal
governments and emergency response providers selected
by the Secretary to participate in the demonstration
project.
``(3) Report.--Not later than 90 days after a State
receives funds under this subsection the State shall
report to the Director on the status of the
distribution of such funds to local and tribal
governments.
``(e) Maximum Period of Grants.--The Director may not fund
any participant under the demonstration project for more than 3
years.
``(f) Transfer of Information and Knowledge.--The Director
shall establish mechanisms to ensure that the information and
knowledge gained by participants in the demonstration project
are transferred among the participants and to other interested
parties, including other communities that submitted
applications to the participant in the project.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated for grants under this section such sums as
may be necessary.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of that Act is amended by inserting after the item
relating to section 1809 the following:
2``Sec. 1810. Border interoperability demonstration project.''.
TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM
SEC. 401. DEFINITIONS.
(a) In General.--Section 501 of the Homeland Security Act
of 2002 (6 U.S.C. 311) is amended--
(1) by redesignating paragraphs (10) and (11) as
paragraphs (12) and (13), respectively;
(2) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively;
(3) by inserting after paragraph (3) the following:
``(4) the terms `credentialed' and `credentialing'
mean having provided, or providing, respectively,
documentation that identifies personnel and
authenticates and verifies the qualifications of such
personnel by ensuring that such personnel possess a
minimum common level of training, experience, physical
and medical fitness, and capability appropriate for a
particular position in accordance with standards
created under section 510;'';
(4) by inserting after paragraph (10), as so
redesignated, the following:
``(11) the term `resources' means personnel and
major items of equipment, supplies, and facilities
available or potentially available for responding to a
natural disaster, act of terrorism, or other man-made
disaster;'';
(5) in paragraph (12), as so redesignated, by
striking ``and'' at the end;
(6) in paragraph (13), as so redesignated, by
striking the period at the end and inserting ``; and'';
and
(7) by adding at the end the following:
``(14) the terms `typed' and `typing' mean having
evaluated, or evaluating, respectively, a resource in
accordance with standards created under section 510.''.
(b) Technical and Conforming Amendments.--Section 641 of
the Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 741) is amended--
(1) by redesignating paragraphs (2) through (10) as
paragraphs (3) through (11), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Credentialed; credentialing.--The terms
`credentialed' and `credentialing' have the meanings
given those terms in section 501 of the Homeland
Security Act of 2002 (6 U.S.C. 311).''; and
(3) by adding at the end the following:
``(12) Resources.--The term `resources' has the
meaning given that term in section 501 of the Homeland
Security Act of 2002 (6 U.S.C. 311).
``(13) Type.--The term `type' means a
classification of resources that refers to the
capability of a resource.
``(14) Typed; typing.--The terms `typed' and
`typing' have the meanings given those terms in section
501 of the Homeland Security Act of 2002 (6 U.S.C.
311).''.
SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN.
Section 648(b)(2)(A) of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is
amended by striking clauses (iv) and (v) and inserting the
following:
``(iv) designed to provide for the
systematic evaluation of readiness and
enhance operational understanding of
the incident command system and
relevant mutual aid agreements;
``(v) designed to address the
unique requirements of populations with
special needs, including the elderly;
and
``(vi) designed to promptly develop
after-action reports and plans for
quickly incorporating lessons learned
into future operations; and''.
SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.
Section 648(b)(2)(B) of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(B)) is
amended by striking ``shall provide'' and all that follows
through ``of exercises'' and inserting the following: ``shall
include a selection of model exercises that State, local, and
tribal governments can readily adapt for use and provide
assistance to State, local, and tribal governments with the
design, implementation, and evaluation of exercises (whether a
model exercise program or an exercise designed locally)''.
SEC. 404. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL FACILITIES
TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR
PREPAREDNESS.
Section 507(c)(2) of the Homeland Security Act of 2002 (6
U.S.C. 317(c)(2)) is amended--
(1) in subparagraph (H) by striking ``and'' at the
end;
(2) by redesignating subparagraph (I) as
subparagraph (K); and
(3) by inserting after subparagraph (H) the
following:
``(I) coordinating with the private sector
to help ensure private sector preparedness for
natural disasters, acts of terrorism, and other
man-made disasters;
``(J) assisting State, local, and tribal
governments, where appropriate, to preidentify
and evaluate suitable sites where a
multijurisdictional incident command system may
quickly be established and operated from, if
the need for such a system arises; and''.
SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY.
Section 651 of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 751) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1),
by striking ``The inventory'' and inserting
``For each Federal agency with responsibilities
under the National Response Plan, the
inventory'';
(B) in paragraph (1), by striking ``and''
at the end;
(C) by redesignating paragraph (2) as
paragraph (4); and
(D) by inserting after paragraph (1) the
following:
``(2) a list of personnel credentialed in
accordance with section 510 of the Homeland Security
Act of 2002 (6 U.S.C. 320);
``(3) a list of resources typed in accordance with
section 510 of the Homeland Security Act of 2002 (6
U.S.C. 320); and''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking
``capabilities, readiness'' and all that
follows and inserting the following: ``--
``(A) capabilities;
``(B) readiness;
``(C) the compatibility of equipment;
``(D) credentialed personnel; and
``(E) typed resources;'';
(B) in paragraph (2), by inserting ``of
capabilities, credentialed personnel, and typed
resources'' after ``rapid deployment''; and
(C) in paragraph (3), by striking
``inventories'' and inserting ``the inventory
described in subsection (a)''.
SEC. 406. REPORTING REQUIREMENTS.
Section 652(a)(2) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 752(a)(2)), as amended by section
103, is further amended--
(1) in subparagraph (C), by striking ``section
651(a);'' and inserting ``section 651, including the
number and type of credentialed personnel in each
category of personnel trained and ready to respond to a
natural disaster, act of terrorism, or other man-made
disaster;'';
(2) in subparagraph (D), by striking ``and'' at the
end;
(3) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(4) by adding at the end the following:
``(F) a discussion of whether the list of
credentialed personnel of the Agency described
in section 651(b)(2)--
``(i) complies with the strategic
human capital plan developed under
section 10102 of title 5, United States
Code; and
``(ii) is sufficient to respond to
a natural disaster, act of terrorism,
or other man-made disaster, including a
catastrophic incident.''.
SEC. 407. FEDERAL PREPAREDNESS.
Section 653 of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 753) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1),
by striking ``coordinating, primary, or
supporting'';
(B) in paragraph (2), by inserting ``,
including credentialing of personnel and typing
of resources likely needed to respond to a
natural disaster, act of terrorism, or other
man-made disaster in accordance with section
510 of the Homeland Security Act of 2002 (6
U.S.C. 320)'' before the semicolon at the end;
(C) in paragraph (3), by striking ``and''
at the end;
(D) in paragraph (4), by striking the
period at the end and inserting ``; and''; and
(E) by adding at the end the following:
``(5) regularly updates, verifies the accuracy of,
and provides to the Administrator the information in
the inventory required under section 651.''; and
(2) in subsection (d)--
(A) by inserting ``to the Committee on
Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland
Security and the Committee on Transportation
and Infrastructure of the House of
Representatives'' after ``The President shall
certify''; and
(B) by striking ``coordinating, primary, or
supporting''.
SEC. 408. CREDENTIALING AND TYPING.
Section 510 of the Homeland Security Act of 2002 (6 U.S.C.
320) is amended--
(1) by striking ``The Administrator'' and inserting
the following:
``(a) In General.--The Administrator'';
(2) in subsection (a), as so designated, by
striking ``credentialing of personnel and typing of''
and inserting ``for credentialing and typing of
incident management personnel, emergency response
providers, and other personnel (including temporary
personnel) and''; and
(3) by adding at the end the following:
``(b) Distribution.--
``(1) In general.--Not later than 1 year after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Administrator
shall provide the standards developed under subsection
(a), including detailed written guidance, to--
``(A) each Federal agency that has
responsibilities under the National Response
Plan to aid that agency with credentialing and
typing incident management personnel, emergency
response providers, and other personnel
(including temporary personnel) and resources
likely needed to respond to a natural disaster,
act of terrorism, or other man-made disaster;
and
``(B) State, local, and tribal governments,
to aid such governments with credentialing and
typing of State, local, and tribal incident
management personnel, emergency response
providers, and other personnel (including
temporary personnel) and resources likely
needed to respond to a natural disaster, act of
terrorism, or other man-made disaster.
``(2) Assistance.--The Administrator shall provide
expertise and technical assistance to aid Federal,
State, local, and tribal government agencies with
credentialing and typing incident management personnel,
emergency response providers, and other personnel
(including temporary personnel) and resources likely
needed to respond to a natural disaster, act of
terrorism, or other man-made disaster.
``(c) Credentialing and Typing of Personnel.--Not later
than 6 months after receiving the standards provided under
subsection (b), each Federal agency with responsibilities under
the National Response Plan shall ensure that incident
management personnel, emergency response providers, and other
personnel (including temporary personnel) and resources likely
needed to respond to a natural disaster, act of terrorism, or
other manmade disaster are credentialed and typed in accordance
with this section.
``(d) Consultation on Health Care Standards.--In developing
standards for credentialing health care professionals under
this section, the Administrator shall consult with the
Secretary of Health and Human Services.''.
SEC. 409. MODEL STANDARDS AND GUIDELINES FOR CRITICAL INFRASTRUCTURE
WORKERS.
(a) In General.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the
following:
``SEC. 522. MODEL STANDARDS AND GUIDELINES FOR CRITICAL INFRASTRUCTURE
WORKERS.
``(a) In General.--Not later than 12 months after the date
of enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, and in coordination with appropriate
national professional organizations, Federal, State, local, and
tribal government agencies, and private-sector and
nongovernmental entities, the Administrator shall establish
model standards and guidelines for credentialing critical
infrastructure workers that may be used by a State to
credential critical infrastructure workers that may respond to
a natural disaster, act of terrorism, or other man-made
disaster.
``(b) Distribution and Assistance.--The Administrator shall
provide the standards developed under subsection (a), including
detailed written guidance, to State, local, and tribal
governments, and provide expertise and technical assistance to
aid such governments with credentialing critical infrastructure
workers that may respond to a natural disaster, act of
terrorism, or other manmade disaster.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101(b)) is amended by inserting after the item
relating to section 521 the following:
``Sec. 522. Model standards and guidelines for critical infrastructure
workers.''.
SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
necessary to carry out this title and the amendments made by
this title.
TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE
FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
Subtitle A--Homeland Security Information Sharing Enhancement
SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION SHARING.
(a) Advisory System and Information Sharing.--
(1) In general.--Subtitle A of title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is
amended by adding at the end the following:
``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
``(a) Requirement.--The Secretary shall administer the
Homeland Security Advisory System in accordance with this
section to provide advisories or warnings regarding the threat
or risk that acts of terrorism will be committed on the
homeland to Federal, State, local, and tribal government
authorities and to the people of the United States, as
appropriate. The Secretary shall exercise primary
responsibility for providing such advisories or warnings.
``(b) Required Elements.--In administering the Homeland
Security Advisory System, the Secretary shall--
``(1) establish criteria for the issuance and
revocation of such advisories or warnings;
``(2) develop a methodology, relying on the
criteria established under paragraph (1), for the
issuance and revocation of such advisories or warnings;
``(3) provide, in each such advisory or warning,
specific information and advice regarding appropriate
protective measures and countermeasures that may be
taken in response to the threat or risk, at the maximum
level of detail practicable to enable individuals,
government entities, emergency response providers, and
the private sector to act appropriately;
``(4) whenever possible, limit the scope of each
such advisory or warning to a specific region,
locality, or economic sector believed to be under
threat or at risk; and
``(5) not, in issuing any advisory or warning, use
color designations as the exclusive means of specifying
homeland security threat conditions that are the
subject of the advisory or warning.
``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.
``(a) Information Sharing.--Consistent with section 1016 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485), the Secretary, acting through the Under Secretary
for Intelligence and Analysis, shall integrate the information
and standardize the format of the products of the intelligence
components of the Department containing homeland security
information, terrorism information, weapons of mass destruction
information, or national intelligence (as defined in section
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)))
except for any internal security protocols or personnel
information of such intelligence components, or other
administrative processes that are administered by any chief
security officer of the Department.
``(b) Information Sharing and Knowledge Management
Officers.--For each intelligence component of the Department,
the Secretary shall designate an information sharing and
knowledge management officer who shall report to the Under
Secretary for Intelligence and Analysis regarding coordinating
the different systems used in the Department to gather and
disseminate homeland security information or national
intelligence (as defined in section 3(5) of the National
Security Act of 1947 (50 U.S.C. 401a(5))).
``(c) State, Local, and Private-Sector Sources of
Information.--
``(1) Establishment of business processes.--The
Secretary, acting through the Under Secretary for
Intelligence and Analysis or the Assistant Secretary
for Infrastructure Protection, as appropriate, shall--
``(A) establish Department-wide procedures
for the review and analysis of information
provided by State, local, and tribal
governments and the private sector;
``(B) as appropriate, integrate such
information into the information gathered by
the Department and other departments and
agencies of the Federal Government; and
``(C) make available such information, as
appropriate, within the Department and to other
departments and agencies of the Federal
Government.
``(2) Feedback.--The Secretary shall develop
mechanisms to provide feedback regarding the analysis
and utility of information provided by any entity of
State, local, or tribal government or the private
sector that provides such information to the
Department.
``(d) Training and Evaluation of Employees.--
``(1) Training.--The Secretary, acting through the
Under Secretary for Intelligence and Analysis or the
Assistant Secretary for Infrastructure Protection, as
appropriate, shall provide to employees of the
Department opportunities for training and education to
develop an understanding of--
``(A) the definitions of homeland security
information and national intelligence (as
defined in section 3(5) of the National
Security Act of 1947 (50 U.S.C. 401a(5))); and
``(B) how information available to such
employees as part of their duties--
``(i) might qualify as homeland
security information or national
intelligence; and
``(ii) might be relevant to the
Office of Intelligence and Analysis and
the intelligence components of the
Department.
``(2) Evaluations.--The Under Secretary for
Intelligence and Analysis shall--
``(A) on an ongoing basis, evaluate how
employees of the Office of Intelligence and
Analysis and the intelligence components of the
Department are utilizing homeland security
information or national intelligence, sharing
information within the Department, as described
in this title, and participating in the
information sharing environment established
under section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
485); and
``(B) provide to the appropriate component
heads regular reports regarding the evaluations
under subparagraph (A).
``SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE.
``(a) Establishment.--The Secretary, acting through the
Under Secretary for Intelligence and Analysis, shall establish,
consistent with the policies and procedures developed under
section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485), and consistent with the
enterprise architecture of the Department, a comprehensive
information technology network architecture for the Office of
Intelligence and Analysis that connects the various databases
and related information technology assets of the Office of
Intelligence and Analysis and the intelligence components of
the Department in order to promote internal information sharing
among the intelligence and other personnel of the Department.
``(b) Comprehensive Information Technology Network
Architecture Defined.--The term `comprehensive information
technology network architecture' means an integrated framework
for evolving or maintaining existing information technology and
acquiring new information technology to achieve the strategic
management and information resources management goals of the
Office of Intelligence and Analysis.
``SEC. 206. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.
``(a) Guidance.--All activities to comply with sections
203, 204, and 205 shall be--
``(1) consistent with any policies, guidelines,
procedures, instructions, or standards established
under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485);
``(2) implemented in coordination with, as
appropriate, the program manager for the information
sharing environment established under that section;
``(3) consistent with any applicable guidance
issued by the Director of National Intelligence; and
``(4) consistent with any applicable guidance
issued by the Secretary relating to the protection of
law enforcement information or proprietary information.
``(b) Consultation.--In carrying out the duties and
responsibilities under this subtitle, the Under Secretary for
Intelligence and Analysis shall take into account the views of
the heads of the intelligence components of the Department.''.
(2) Technical and conforming amendments.--
(A) In general.--Section 201(d) of the
Homeland Security Act of 2002 (6 U.S.C. 121(d))
is amended--
(i) by striking paragraph (7); and
(ii) by redesignating paragraphs
(8) through (19) as paragraphs (7)
through (18), respectively.
(B) Table of contents.--The table of
contents in section 1(b) of the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by inserting after the item relating to
section 202 the following:
``Sec. 203. Homeland Security Advisory System.
``Sec. 204. Homeland security information sharing.
``Sec. 205. Comprehensive information technology network architecture.
``Sec. 206. Coordination with information sharing environment.''.
(b) Office of Intelligence and Analysis and Office of
Infrastructure Protection.--Section 201(d) of the Homeland
Security Act of 2002 (6 U.S.C. 121(d)) is amended--
(1) in paragraph (1), by inserting ``, in support
of the mission responsibilities of the Department and
the functions of the National Counterterrorism Center
established under section 119 of the National Security
Act of 1947 (50 U.S.C. 404o),'' after ``and to
integrate such information''; and
(2) by striking paragraph (7), as redesignated by
subsection (a)(2)(A)(ii) of this section, and inserting
the following:
``(7) To review, analyze, and make recommendations
for improvements to the policies and procedures
governing the sharing of information within the scope
of the information sharing environment established
under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485),
including homeland security information, terrorism
information, and weapons of mass destruction
information, and any policies, guidelines, procedures,
instructions, or standards established under that
section.''.
(c) Report on Comprehensive Information Technology Network
Architecture.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives a report on the progress of the
Secretary in developing the comprehensive information
technology network architecture required under section 205 of
the Homeland Security Act of 2002, as added by subsection (a).
The report shall include:
(1) a description of the priorities for the
development of the comprehensive information technology
network architecture and a rationale for such
priorities;
(2) an explanation of how the various components of
the comprehensive information technology network
architecture will work together and interconnect;
(3) a description of the technological challenges
that the Secretary expects the Office of Intelligence
and Analysis will face in implementing the
comprehensive information technology network
architecture;
(4) a description of the technological options that
are available or are in development that may be
incorporated into the comprehensive information
technology network architecture, the feasibility of
incorporating such options, and the advantages and
disadvantages of doing so;
(5) an explanation of any security protections to
be developed as part of the comprehensive information
technology network architecture;
(6) a description of safeguards for civil liberties
and privacy to be built into the comprehensive
information technology network architecture; and
(7) an operational best practices plan.
SEC. 502. INTELLIGENCE COMPONENT DEFINED.
(a) In General.--Section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101) is amended--
(1) by redesignating paragraphs (9) through (16) as
paragraphs (10) through (17), respectively; and
(2) by inserting after paragraph (8) the following:
``(9) The term `intelligence component of the
Department' means any element or entity of the
Department that collects, gathers, processes, analyzes,
produces, or disseminates intelligence information
within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, or national intelligence, as defined under
section 3(5) of the National Security Act of 1947 (50
U.S.C. 401a(5)), except--
``(A) the United States Secret Service; and
``(B) the Coast Guard, when operating under
the direct authority of the Secretary of
Defense or Secretary of the Navy pursuant to
section 3 of title 14, United States Code,
except that nothing in this paragraph shall
affect or diminish the authority and
responsibilities of the Commandant of the Coast
Guard to command or control the Coast Guard as
an armed force or the authority of the Director
of National Intelligence with respect to the
Coast Guard as an element of the intelligence
community (as defined under section 3(4) of the
National Security Act of 1947 (50 U.S.C.
401a(4)).''.
(b) Receipt of Information From United States Secret
Service.--
(1) In general.--The Under Secretary for
Intelligence and Analysis shall receive from the United
States Secret Service homeland security information,
terrorism information, weapons of mass destruction
information (as these terms are defined in Section 1016
of the Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 485)), or national intelligence, as
defined in Section 3(5) of the National Security Act of
1947 (50 U.S.C. 401a(5)), as well as suspect
information obtained in criminal investigations. The
United States Secret Service shall cooperate with the
Under Secretary for Intelligence and Analysis with
respect to activities under sections 204 and 205 of the
Homeland Security Act of 2002.
(2) Savings clause.--Nothing in this Act shall
interfere with the operation of Section 3056(g) of
Title 18, United States Code, or with the authority of
the Secretary of Homeland Security or the Director of
the United States Secret Service regarding the budget
of the United States Secret Service.
(c) Technical and Conforming Amendments.--
(1) Homeland security act of 2002.--Paragraph (13)
of section 501 of the Homeland Security Act of 2002 (6
U.S.C. 311), as redesignated by section 401, is amended
by striking ``section 2(10)(B)'' and inserting
``section 2(11)(B)''.
(2) Other law.--Section 712(a) of title 14, United
States Code, is amended by striking ``section 2(15) of
the Homeland Security Act of 2002 (6 U.S.C. 101(15))''
and inserting ``section 2(16) of the Homeland Security
Act of 2002 (6 U.S.C. 101(16))''.
SEC. 503. ROLE OF INTELLIGENCE COMPONENTS, TRAINING, AND INFORMATION
SHARING.
(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 is further amended by adding at the end
the following:
``SEC. 207. INTELLIGENCE COMPONENTS.
``Subject to the direction and control of the Secretary,
and consistent with any applicable guidance issued by the
Director of National Intelligence, the responsibilities of the
head of each intelligence component of the Department are as
follows:
``(1) To ensure that the collection, processing,
analysis, and dissemination of information within the
scope of the information sharing environment, including
homeland security information, terrorism information,
weapons of mass destruction information, and national
intelligence (as defined in section 3(5) of the
National Security Act of 1947 (50 U.S.C. 401a(5))), are
carried out effectively and efficiently in support of
the intelligence mission of the Department, as led by
the Under Secretary for Intelligence and Analysis.
``(2) To otherwise support and implement the
intelligence mission of the Department, as led by the
Under Secretary for Intelligence and Analysis.
``(3) To incorporate the input of the Under
Secretary for Intelligence and Analysis with respect to
performance appraisals, bonus or award recommendations,
pay adjustments, and other forms of commendation.
``(4) To coordinate with the Under Secretary for
Intelligence and Analysis in developing policies and
requirements for the recruitment and selection of
intelligence officials of the intelligence component.
``(5) To advise and coordinate with the Under
Secretary for Intelligence and Analysis on any plan to
reorganize or restructure the intelligence component
that would, if implemented, result in realignments of
intelligence functions.
``(6) To ensure that employees of the intelligence
component have knowledge of, and comply with, the
programs and policies established by the Under
Secretary for Intelligence and Analysis and other
appropriate officials of the Department and that such
employees comply with all applicable laws and
regulations.
``(7) To perform such other activities relating to
such responsibilities as the Secretary may provide.
``SEC. 208. TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPONENTS.
``The Secretary shall provide training and guidance for
employees, officials, and senior executives of the intelligence
components of the Department to develop knowledge of laws,
regulations, operations, policies, procedures, and programs
that are related to the functions of the Department relating to
the collection, processing, analysis, and dissemination of
information within the scope of the information sharing
environment, including homeland security information, terrorism
information, and weapons of mass destruction information, or
national intelligence (as defined in section 3(5) of the
National Security Act of 1947 (50 U.S.C. 401a(5))).
``SEC. 209. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL
GOVERNMENT OFFICIALS.
``(a) Curriculum.--The Secretary, acting through the Under
Secretary for Intelligence and Analysis, shall--
``(1) develop a curriculum for training State,
local, and tribal government officials, including law
enforcement officers, intelligence analysts, and other
emergency response providers, in the intelligence cycle
and Federal laws, practices, and regulations regarding
the development, handling, and review of intelligence
and other information; and
``(2) ensure that the curriculum includes executive
level training for senior level State, local, and
tribal law enforcement officers, intelligence analysts,
and other emergency response providers.
``(b) Training.--To the extent possible, the Federal Law
Enforcement Training Center and other existing Federal entities
with the capacity and expertise to train State, local, and
tribal government officials based on the curriculum developed
under subsection (a) shall be used to carry out the training
programs created under this section. If such entities do not
have the capacity, resources, or capabilities to conduct such
training, the Secretary may approve another entity to conduct
such training.
``(c) Consultation.--In carrying out the duties described
in subsection (a), the Under Secretary for Intelligence and
Analysis shall consult with the Director of the Federal Law
Enforcement Training Center, the Attorney General, the Director
of National Intelligence, the Administrator of the Federal
Emergency Management Agency, and other appropriate parties,
such as private industry, institutions of higher education,
nonprofit institutions, and other intelligence agencies of the
Federal Government.
``SEC. 210. INFORMATION SHARING INCENTIVES.
``(a) Awards.--In making cash awards under chapter 45 of
title 5, United States Code, the President or the head of an
agency, in consultation with the program manager designated
under section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485), may consider the success
of an employee in appropriately sharing information within the
scope of the information sharing environment established under
that section, including homeland security information,
terrorism information, and weapons of mass destruction
information, or national intelligence (as defined in section
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)),
in a manner consistent with any policies, guidelines,
procedures, instructions, or standards established by the
President or, as appropriate, the program manager of that
environment for the implementation and management of that
environment.
``(b) Other Incentives.--The head of each department or
agency described in section 1016(i) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 485(i)), in
consultation with the program manager designated under section
1016 of the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485), shall adopt best practices regarding
effective ways to educate and motivate officers and employees
of the Federal Government to participate fully in the
information sharing environment, including--
``(1) promotions and other nonmonetary awards; and
``(2) publicizing information sharing
accomplishments by individual employees and, where
appropriate, the tangible end benefits that
resulted.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended further by inserting after the item relating
to section 206 the following:
``Sec. 207. Intelligence components.
``Sec. 208. Training for employees of intelligence components.
``Sec. 209. Intelligence training development for State and local
government officials.
``Sec. 210. Information sharing incentives.''.
SEC. 504. INFORMATION SHARING.
Section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through
(4) as paragraphs (2) through (5),
respectively;
(B) by inserting before paragraph (2), as
so redesignated, the following:
``(1) Homeland security information.--The term
`homeland security information' has the meaning given
that term in section 892(f) of the Homeland Security
Act of 2002 (6 U.S.C. 482(f)).'';
(C) by striking paragraph (3), as so
redesignated, and inserting the following:
``(3) Information sharing environment.--The terms
`information sharing environment' and `ISE' mean an
approach that facilitates the sharing of terrorism and
homeland security information, which may include any
method determined necessary and appropriate for
carrying out this section.''.
(D) by striking paragraph (5), as so
redesignated, and inserting the following:
``(5) Terrorism information.--The term `terrorism
information'--
``(A) means all information, whether
collected, produced, or distributed by
intelligence, law enforcement, military,
homeland security, or other activities relating
to--
``(i) the existence, organization,
capabilities, plans, intentions,
vulnerabilities, means of finance or
material support, or activities of
foreign or international terrorist
groups or individuals, or of domestic
groups or individuals involved in
transnational terrorism;
``(ii) threats posed by such groups
or individuals to the United States,
United States persons, or United States
interests, or to those of other
nations;
``(iii) communications of or by
such groups or individuals; or
``(iv) groups or individuals
reasonably believed to be assisting or
associated with such groups or
individuals; and
``(B) includes weapons of mass destruction
information.''; and
(E) by adding at the end the following:
``(6) Weapons of mass destruction information.--The
term `weapons of mass destruction information' means
information that could reasonably be expected to assist
in the development, proliferation, or use of a weapon
of mass destruction (including a chemical, biological,
radiological, or nuclear weapon) that could be used by
a terrorist or a terrorist organization against the
United States, including information about the location
of any stockpile of nuclear materials that could be
exploited for use in such a weapon that could be used
by a terrorist or a terrorist organization against the
United States.'';
(2) in subsection (b)(2)--
(A) in subparagraph (H), by striking
``and'' at the end;
(B) in subparagraph (I), by striking the
period at the end and inserting a semicolon;
and
(C) by adding at the end the following:
``(J) integrates the information within the
scope of the information sharing environment,
including any such information in legacy
technologies;
``(K) integrates technologies, including
all legacy technologies, through Internet-based
services, consistent with appropriate security
protocols and safeguards, to enable
connectivity among required users at the
Federal, State, and local levels;
``(L) allows the full range of analytic and
operational activities without the need to
centralize information within the scope of the
information sharing environment;
``(M) permits analysts to collaborate both
independently and in a group (commonly known as
`collective and noncollective collaboration'),
and across multiple levels of national security
information and controlled unclassified
information;
``(N) provides a resolution process that
enables changes by authorized officials
regarding rules and policies for the access,
use, and retention of information within the
scope of the information sharing environment;
and
``(O) incorporates continuous, real-time,
and immutable audit capabilities, to the
maximum extent practicable.'';
(3) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``during the two-
year period beginning on the date of
designation under this paragraph unless
sooner removed from service and
replaced'' and inserting ``until
removed from service or replaced''; and
(ii) by striking ``The program
manager shall have and exercise
governmentwide authority.'' and
inserting ``The program manager, in
consultation with the head of any
affected department or agency, shall
have and exercise governmentwide
authority over the sharing of
information within the scope of the
information sharing environment,
including homeland security
information, terrorism information, and
weapons of mass destruction
information, by all Federal
departments, agencies, and components,
irrespective of the Federal department,
agency, or component in which the
program manager may be administratively
located, except as otherwise expressly
provided by law.''; and
(B) in paragraph (2)(A)--
(i) by redesignating clause (iii)
as clause (v); and
(ii) by striking clause (ii) and
inserting the following:
``(ii) assist in the development of
policies, as appropriate, to foster the
development and proper operation of the
ISE;
``(iii) consistent with the
direction and policies issued by the
President, the Director of National
Intelligence, and the Director of the
Office of Management and Budget, issue
governmentwide procedures, guidelines,
instructions, and functional standards,
as appropriate, for the management,
development, and proper operation of
the ISE;
``(iv) identify and resolve
information sharing disputes between
Federal departments, agencies, and
components; and'';
(4) in subsection (g)--
(A) in paragraph (1), by striking ``during
the two-year period beginning on the date of
the initial designation of the program manager
by the President under subsection (f)(1),
unless sooner removed from service and
replaced'' and inserting ``until removed from
service or replaced'';
(B) in paragraph (2)--
(i) in subparagraph (F), by
striking ``and'' at the end;
(ii) by redesignating subparagraph
(G) as subparagraph (I); and
(iii) by inserting after
subparagraph (F) the following:
``(G) assist the program manager in
identifying and resolving information sharing
disputes between Federal departments, agencies,
and components;
``(H) identify appropriate personnel for
assignment to the program manager to support
staffing needs identified by the program
manager; and'';
(C) in paragraph (4), by inserting
``(including any subsidiary group of the
Information Sharing Council)'' before ``shall
not be subject''; and
(D) by adding at the end the following:
``(5) Detailees.--Upon a request by the Director of
National Intelligence, the departments and agencies
represented on the Information Sharing Council shall
detail to the program manager, on a reimbursable basis,
appropriate personnel identified under paragraph
(2)(H).'';
(5) in subsection (h)(1), by striking ``and
annually thereafter'' and inserting ``and not later
than June 30 of each year thereafter''; and
(6) by striking subsection (j) and inserting the
following:
``(j) Report on the Information Sharing Environment.--
``(1) In general.--Not later than 180 days after
the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, the
President shall report to the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Select Committee on Intelligence of the Senate, the
Committee on Homeland Security of the House of
Representatives, and the Permanent Select Committee on
Intelligence of the House of Representatives on the
feasibility of--
``(A) eliminating the use of any marking or
process (including `Originator Control')
intended to, or having the effect of,
restricting the sharing of information within
the scope of the information sharing
environment, including homeland security
information, terrorism information, and weapons
of mass destruction information, between and
among participants in the information sharing
environment, unless the President has--
``(i) specifically exempted
categories of information from such
elimination; and
``(ii) reported that exemption to
the committees of Congress described in
the matter preceding this subparagraph;
and
``(B) continuing to use Federal agency
standards in effect on such date of enactment
for the collection, sharing, and access to
information within the scope of the information
sharing environment, including homeland
security information, terrorism information,
and weapons of mass destruction information,
relating to citizens and lawful permanent
residents;
``(C) replacing the standards described in
subparagraph (B) with a standard that would
allow mission-based or threat-based permission
to access or share information within the scope
of the information sharing environment,
including homeland security information,
terrorism information, and weapons of mass
destruction information, for a particular
purpose that the Federal Government, through an
appropriate process established in consultation
with the Privacy and Civil Liberties Oversight
Board established under section 1061, has
determined to be lawfully permissible for a
particular agency, component, or employee
(commonly known as an `authorized use'
standard); and
``(D) the use of anonymized data by Federal
departments, agencies, or components
collecting, possessing, disseminating, or
handling information within the scope of the
information sharing environment, including
homeland security information, terrorism
information, and weapons of mass destruction
information, in any cases in which--
``(i) the use of such information
is reasonably expected to produce
results materially equivalent to the
use of information that is transferred
or stored in a non-anonymized form; and
``(ii) such use is consistent with
any mission of that department, agency,
or component (including any mission
under a Federal statute or directive of
the President) that involves the
storage, retention, sharing, or
exchange of personally identifiable
information.
``(2) Definition.--In this subsection, the term
`anonymized data' means data in which the individual to
whom the data pertains is not identifiable with
reasonable efforts, including information that has been
encrypted or hidden through the use of other
technology.
``(k) Additional Positions.--The program manager is
authorized to hire not more than 40 full-time employees to
assist the program manager in--
``(1) activities associated with the implementation
of the information sharing environment, including--
``(A) implementing the requirements under
subsection (b)(2); and
``(B) any additional implementation
initiatives to enhance and expedite the
creation of the information sharing
environment; and
``(2) identifying and resolving information sharing
disputes between Federal departments, agencies, and
components under subsection (f)(2)(A)(iv).
``(l) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $30,000,000 for
each of fiscal years 2008 and 2009.''.
Subtitle B--Homeland Security Information Sharing Partnerships
SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL
FUSION CENTER INITIATIVE.
(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended
by adding at the end the following:
``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL
FUSION CENTER INITIATIVE.
``(a) Establishment.--The Secretary, in consultation with
the program manager of the information sharing environment
established under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney
General, the Privacy Officer of the Department, the Officer for
Civil Rights and Civil Liberties of the Department, and the
Privacy and Civil Liberties Oversight Board established under
section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a
Department of Homeland Security State, Local, and Regional
Fusion Center Initiative to establish partnerships with State,
local, and regional fusion centers.
``(b) Department Support and Coordination.--Through the
Department of Homeland Security State, Local, and Regional
Fusion Center Initiative, and in coordination with the
principal officials of participating State, local, or regional
fusion centers and the officers designated as the Homeland
Security Advisors of the States, the Secretary shall--
``(1) provide operational and intelligence advice
and assistance to State, local, and regional fusion
centers;
``(2) support efforts to include State, local, and
regional fusion centers into efforts to establish an
information sharing environment;
``(3) conduct tabletop and live training exercises
to regularly assess the capability of individual and
regional networks of State, local, and regional fusion
centers to integrate the efforts of such networks with
the efforts of the Department;
``(4) coordinate with other relevant Federal
entities engaged in homeland security-related
activities;
``(5) provide analytic and reporting advice and
assistance to State, local, and regional fusion
centers;
``(6) review information within the scope of the
information sharing environment, including homeland
security information, terrorism information, and
weapons of mass destruction information, that is
gathered by State, local, and regional fusion centers,
and to incorporate such information, as appropriate,
into the Department's own such information;
``(7) provide management assistance to State,
local, and regional fusion centers;
``(8) serve as a point of contact to ensure the
dissemination of information within the scope of the
information sharing environment, including homeland
security information, terrorism information, and
weapons of mass destruction information;
``(9) facilitate close communication and
coordination between State, local, and regional fusion
centers and the Department;
``(10) provide State, local, and regional fusion
centers with expertise on Department resources and
operations;
``(11) provide training to State, local, and
regional fusion centers and encourage such fusion
centers to participate in terrorism threat-related
exercises conducted by the Department; and
``(12) carry out such other duties as the Secretary
determines are appropriate.
``(c) Personnel Assignment.--
``(1) In general.--The Under Secretary for
Intelligence and Analysis shall, to the maximum extent
practicable, assign officers and intelligence analysts
from components of the Department to participating
State, local, and regional fusion centers.
``(2) Personnel sources.--Officers and intelligence
analysts assigned to participating fusion centers under
this subsection may be assigned from the following
Department components, in coordination with the
respective component head and in consultation with the
principal officials of participating fusion centers:
``(A) Office of Intelligence and Analysis.
``(B) Office of Infrastructure Protection.
``(C) Transportation Security
Administration.
``(D) United States Customs and Border
Protection.
``(E) United States Immigration and Customs
Enforcement.
``(F) United States Coast Guard.
``(G) Other components of the Department,
as determined by the Secretary.
``(3) Qualifying criteria.--
``(A) In general.--The Secretary shall
develop qualifying criteria for a fusion center
to participate in the assigning of Department
officers or intelligence analysts under this
section.
``(B) Criteria.--Any criteria developed
under subparagraph (A) may include--
``(i) whether the fusion center,
through its mission and governance
structure, focuses on a broad
counterterrorism approach, and whether
that broad approach is pervasive
through all levels of the organization;
``(ii) whether the fusion center
has sufficient numbers of adequately
trained personnel to support a broad
counterterrorism mission;
``(iii) whether the fusion center
has--
``(I) access to relevant
law enforcement, emergency
response, private sector, open
source, and national security
data; and
``(II) the ability to share
and analytically utilize that
data for lawful purposes;
``(iv) whether the fusion center is
adequately funded by the State, local,
or regional government to support its
counterterrorism mission; and
``(v) the relevancy of the mission
of the fusion center to the particular
source component of Department officers
or intelligence analysts.
``(4) Prerequisite.--
``(A) Intelligence analysis, privacy, and
civil liberties training.--Before being
assigned to a fusion center under this section,
an officer or intelligence analyst shall
undergo--
``(i) appropriate intelligence
analysis or information sharing
training using an intelligence-led
policing curriculum that is consistent
with--
``(I) standard training and
education programs offered to
Department law enforcement and
intelligence personnel; and
``(II) the Criminal
Intelligence Systems Operating
Policies under part 23 of title
28, Code of Federal Regulations
(or any corresponding similar
rule or regulation);
``(ii) appropriate privacy and
civil liberties training that is
developed, supported, or sponsored by
the Privacy Officer appointed under
section 222 and the Officer for Civil
Rights and Civil Liberties of the
Department, in consultation with the
Privacy and Civil Liberties Oversight
Board established under section 1061 of
the Intelligence Reform and Terrorism
Prevention Act of 2004 (5 U.S.C. 601
note); and
``(iii) such other training
prescribed by the Under Secretary for
Intelligence and Analysis.
``(B) Prior work experience in area.--In
determining the eligibility of an officer or
intelligence analyst to be assigned to a fusion
center under this section, the Under Secretary
for Intelligence and Analysis shall consider
the familiarity of the officer or intelligence
analyst with the State, locality, or region, as
determined by such factors as whether the
officer or intelligence analyst--
``(i) has been previously assigned
in the geographic area; or
``(ii) has previously worked with
intelligence officials or law
enforcement or other emergency response
providers from that State, locality, or
region.
``(5) Expedited security clearance processing.--The
Under Secretary for Intelligence and Analysis--
``(A) shall ensure that each officer or
intelligence analyst assigned to a fusion
center under this section has the appropriate
security clearance to contribute effectively to
the mission of the fusion center; and
``(B) may request that security clearance
processing be expedited for each such officer
or intelligence analyst and may use available
funds for such purpose.
``(6) Further qualifications.--Each officer or
intelligence analyst assigned to a fusion center under
this section shall satisfy any other qualifications the
Under Secretary for Intelligence and Analysis may
prescribe.
``(d) Responsibilities.--An officer or intelligence analyst
assigned to a fusion center under this section shall--
``(1) assist law enforcement agencies and other
emergency response providers of State, local, and
tribal governments and fusion center personnel in using
information within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, to develop a comprehensive and accurate
threat picture;
``(2) review homeland security-relevant information
from law enforcement agencies and other emergency
response providers of State, local, and tribal
government;
``(3) create intelligence and other information
products derived from such information and other
homeland security-relevant information provided by the
Department; and
``(4) assist in the dissemination of such products,
as coordinated by the Under Secretary for Intelligence
and Analysis, to law enforcement agencies and other
emergency response providers of State, local, and
tribal government, other fusion centers, and
appropriate Federal agencies.
``(e) Border Intelligence Priority.--
``(1) In general.--The Secretary shall make it a
priority to assign officers and intelligence analysts
under this section from United States Customs and
Border Protection, United States Immigration and
Customs Enforcement, and the Coast Guard to
participating State, local, and regional fusion centers
located in jurisdictions along land or maritime borders
of the United States in order to enhance the integrity
of and security at such borders by helping Federal,
State, local, and tribal law enforcement authorities to
identify, investigate, and otherwise interdict persons,
weapons, and related contraband that pose a threat to
homeland security.
``(2) Border intelligence products.--When
performing the responsibilities described in subsection
(d), officers and intelligence analysts assigned to
participating State, local, and regional fusion centers
under this section shall have, as a primary
responsibility, the creation of border intelligence
products that--
``(A) assist State, local, and tribal law
enforcement agencies in deploying their
resources most efficiently to help detect and
interdict terrorists, weapons of mass
destruction, and related contraband at land or
maritime borders of the United States;
``(B) promote more consistent and timely
sharing of border security-relevant information
among jurisdictions along land or maritime
borders of the United States; and
``(C) enhance the Department's situational
awareness of the threat of acts of terrorism at
or involving the land or maritime borders of
the United States.
``(f) Database Access.--In order to fulfill the objectives
described under subsection (d), each officer or intelligence
analyst assigned to a fusion center under this section shall
have appropriate access to all relevant Federal databases and
information systems, consistent with any policies, guidelines,
procedures, instructions, or standards established by the
President or, as appropriate, the program manager of the
information sharing environment for the implementation and
management of that environment.
``(g) Consumer Feedback.--
``(1) In general.--The Secretary shall create a
voluntary mechanism for any State, local, or tribal law
enforcement officer or other emergency response
provider who is a consumer of the intelligence or other
information products referred to in subsection (d) to
provide feedback to the Department on the quality and
utility of such intelligence products.
``(2) Report.--Not later than one year after the
date of the enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, and
annually thereafter, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of
the House of Representatives a report that includes a
description of the consumer feedback obtained under
paragraph (1) and, if applicable, how the Department
has adjusted its production of intelligence products in
response to that consumer feedback.
``(h) Rule of Construction.--
``(1) In general.--The authorities granted under
this section shall supplement the authorities granted
under section 201(d) and nothing in this section shall
be construed to abrogate the authorities granted under
section 201(d).
``(2) Participation.--Nothing in this section shall
be construed to require a State, local, or regional
government or entity to accept the assignment of
officers or intelligence analysts of the Department
into the fusion center of that State, locality, or
region.
``(i) Guidelines.--The Secretary, in consultation with the
Attorney General, shall establish guidelines for fusion centers
created and operated by State and local governments, to include
standards that any such fusion center shall--
``(1) collaboratively develop a mission statement,
identify expectations and goals, measure performance,
and determine effectiveness for that fusion center;
``(2) create a representative governance structure
that includes law enforcement officers and other
emergency response providers and, as appropriate, the
private sector;
``(3) create a collaborative environment for the
sharing of intelligence and information among Federal,
State, local, and tribal government agencies (including
law enforcement officers and other emergency response
providers), the private sector, and the public,
consistent with any policies, guidelines, procedures,
instructions, or standards established by the President
or, as appropriate, the program manager of the
information sharing environment;
``(4) leverage the databases, systems, and networks
available from public and private sector entities, in
accordance with all applicable laws, to maximize
information sharing;
``(5) develop, publish, and adhere to a privacy and
civil liberties policy consistent with Federal, State,
and local law;
``(6) provide, in coordination with the Privacy
Officer of the Department and the Officer for Civil
Rights and Civil Liberties of the Department,
appropriate privacy and civil liberties training for
all State, local, tribal, and private sector
representatives at the fusion center;
``(7) ensure appropriate security measures are in
place for the facility, data, and personnel;
``(8) select and train personnel based on the
needs, mission, goals, and functions of that fusion
center;
``(9) offer a variety of intelligence and
information services and products to recipients of
fusion center intelligence and information; and
``(10) incorporate law enforcement officers, other
emergency response providers, and, as appropriate, the
private sector, into all relevant phases of the
intelligence and fusion process, consistent with the
mission statement developed under paragraph (1), either
through full time representatives or liaison
relationships with the fusion center to enable the
receipt and sharing of information and intelligence.
``(j) Definitions.--In this section--
``(1) the term `fusion center' means a
collaborative effort of 2 or more Federal, State,
local, or tribal government agencies that combines
resources, expertise, or information with the goal of
maximizing the ability of such agencies to detect,
prevent, investigate, apprehend, and respond to
criminal or terrorist activity;
``(2) the term `information sharing environment'
means the information sharing environment established
under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485);
``(3) the term `intelligence analyst' means an
individual who regularly advises, administers,
supervises, or performs work in the collection,
gathering, analysis, evaluation, reporting, production,
or dissemination of information on political, economic,
social, cultural, physical, geographical, scientific,
or military conditions, trends, or forces in foreign or
domestic areas that directly or indirectly affect
national security;
``(4) the term `intelligence-led policing' means
the collection and analysis of information to produce
an intelligence end product designed to inform law
enforcement decision making at the tactical and
strategic levels; and
``(5) the term `terrorism information' has the
meaning given that term in section 1016 of the
Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485).
``(k) Authorization of Appropriations.--There is authorized
to be appropriated $10,000,000 for each of fiscal years 2008
through 2012, to carry out this section, except for subsection
(i), including for hiring officers and intelligence analysts to
replace officers and intelligence analysts who are assigned to
fusion centers under this section.''.
(b) Training for Predeployed Officers and Analysts.--An
officer or analyst assigned to a fusion center by the Secretary
of Homeland Security before the date of the enactment of this
Act shall undergo the training described in section
210A(c)(4)(A) of the Homeland Security Act of 2002, as added by
subsection (a), by not later than six months after such date.
(c) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is further amended by inserting after
the item relating to section 210 the following:
``Sec. 210A.Department of Homeland Security State, Local, and Regional
Information Fusion Center Initiative.''.
(d) Reports.--
(1) Concept of operations.--Not later than 90 days
after the date of enactment of this Act and before the
Department of Homeland Security State, Local, and
Regional Fusion Center Initiative under
section 210A of the Homeland Security Act of 2002, as added by
subsection (a), (in this section referred to as the
``program'') has been implemented, the Secretary, in
consultation with the Privacy Officer of the Department, the
Officer for Civil Rights and Civil Liberties of the Department,
and the Privacy and Civil Liberties Oversight Board established
under section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives a report that contains a concept of operations
for the program, which shall--
(A) include a clear articulation of the
purposes, goals, and specific objectives for
which the program is being developed;
(B) identify stakeholders in the program
and provide an assessment of their needs;
(C) contain a developed set of quantitative
metrics to measure, to the extent possible,
program output;
(D) contain a developed set of qualitative
instruments (including surveys and expert
interviews) to assess the extent to which
stakeholders believe their needs are being met;
and
(E) include a privacy and civil liberties
impact assessment.
(2) Privacy and civil liberties.--Not later than 1
year after the date of the enactment of this Act, the
Privacy Officer of the Department of Homeland Security
and the Officer for Civil Liberties and Civil Rights of
the Department of Homeland Security, consistent with
any policies of the Privacy and Civil Liberties
Oversight Board established under section 1061 of the
Intelligence Reform and Terrorism Prevention Act of
2004 (5 U.S.C. 601 note), shall submit to the Committee
on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the
House of Representatives, the Secretary of Homeland
Security, the Under Secretary of Homeland Security for
Intelligence and Analysis, and the Privacy and Civil
Liberties Oversight Board a report on the privacy and
civil liberties impact of the program.
SEC. 512. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
(a) Establishment of Program.--Subtitle A of title II of
the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is
further amended by adding at the end the following:
``SEC. 210B. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary, acting through
the Under Secretary for Intelligence and Analysis, and
in consultation with the Chief Human Capital Officer,
shall establish a fellowship program in accordance with
this section for the purpose of--
``(A) detailing State, local, and tribal
law enforcement officers and intelligence
analysts to the Department in accordance with
subchapter VI of chapter 33 of title 5, United
States Code, to participate in the work of the
Office of Intelligence and Analysis in order to
become familiar with--
``(i) the relevant missions and
capabilities of the Department and
other Federal agencies; and
``(ii) the role, programs,
products, and personnel of the Office
of Intelligence and Analysis; and
``(B) promoting information sharing between
the Department and State, local, and tribal law
enforcement officers and intelligence analysts
by assigning such officers and analysts to--
``(i) serve as a point of contact
in the Department to assist in the
representation of State, local, and
tribal information requirements;
``(ii) identify information within
the scope of the information sharing
environment, including homeland
security information, terrorism
information, and weapons of mass
destruction information, that is of
interest to State, local, and tribal
law enforcement officers, intelligence
analysts, and other emergency response
providers;
``(iii) assist Department analysts
in preparing and disseminating products
derived from information within the
scope of the information sharing
environment, including homeland
security information, terrorism
information, and weapons of mass
destruction information, that are
tailored to State, local, and tribal
law enforcement officers and
intelligence analysts and designed to
prepare for and thwart acts of
terrorism; and
``(iv) assist Department analysts
in preparing products derived from
information within the scope of the
information sharing environment,
including homeland security
information, terrorism information, and
weapons of mass destruction
information, that are tailored to
State, local, and tribal emergency
response providers and assist in the
dissemination of such products through
appropriate Department channels.
``(2) Program name.--The program under this section
shall be known as the `Homeland Security Information
Sharing Fellows Program'.
``(b) Eligibility.--
``(1) In general.--In order to be eligible for
selection as an Information Sharing Fellow under the
program under this section, an individual shall--
``(A) have homeland security-related
responsibilities;
``(B) be eligible for an appropriate
security clearance;
``(C) possess a valid need for access to
classified information, as determined by the
Under Secretary for Intelligence and Analysis;
``(D) be an employee of an eligible entity;
and
``(E) have undergone appropriate privacy
and civil liberties training that is developed,
supported, or sponsored by the Privacy Officer
and the Officer for Civil Rights and Civil
Liberties, in consultation with the Privacy and
Civil Liberties Oversight Board established
under section 1061 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (5 U.S.C.
601 note).
``(2) Eligible entities.--In this subsection, the
term `eligible entity' means--
``(A) a State, local, or regional fusion
center;
``(B) a State or local law enforcement or
other government entity that serves a major
metropolitan area, suburban area, or rural
area, as determined by the Secretary;
``(C) a State or local law enforcement or
other government entity with port, border, or
agricultural responsibilities, as determined by
the Secretary;
``(D) a tribal law enforcement or other
authority; or
``(E) such other entity as the Secretary
determines is appropriate.
``(c) Optional Participation.--No State, local, or tribal
law enforcement or other government entity shall be required to
participate in the Homeland Security Information Sharing
Fellows Program.
``(d) Procedures for Nomination and Selection.--
``(1) In general.--The Under Secretary for
Intelligence and Analysis shall establish procedures to
provide for the nomination and selection of individuals
to participate in the Homeland Security Information
Sharing Fellows Program.
``(2) Limitations.--The Under Secretary for
Intelligence and Analysis shall--
``(A) select law enforcement officers and
intelligence analysts representing a broad
cross-section of State, local, and tribal
agencies; and
``(B) ensure that the number of Information
Sharing Fellows selected does not impede the
activities of the Office of Intelligence and
Analysis.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is further amended by inserting after
the item relating to section 210A the following:
``Sec. 210B. Homeland Security Information Sharing Fellows Program.''.
(c) Reports.--
(1) Concept of operations.--Not later than 90 days
after the date of enactment of this Act, and before the
implementation of the Homeland Security Information
Sharing Fellows Program under section 210B of the
Homeland Security Act of 2002, as added by subsection
(a), (in this section referred to as the ``Program'')
the Secretary, in consultation with the Privacy Officer
of the Department, the Officer for Civil Rights and
Civil Liberties of the Department, and the Privacy and
Civil Liberties Oversight Board established under
section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (5 U.S.C. 601 note), shall
submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a
report that contains a concept of operations for the
Program, which shall include a privacy and civil
liberties impact assessment.
(2) Review of privacy impact.--Not later than 1
year after the date on which the program is
implemented, the Privacy Officer of the Department and
the Officer for Civil Rights and Civil Liberties of the
Department, consistent with any policies of the Privacy
and Civil Liberties Oversight Board established under
section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (5 U.S.C. 601 note), shall
submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives, the
Secretary of Homeland Security, the Under Secretary of
Homeland Security for Intelligence and Analysis, and
the Privacy and Civil Liberties Oversight Board, a
report on the privacy and civil liberties impact of the
program.
SEC. 513. RURAL POLICING INSTITUTE.
(a) Establishment.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended
by adding at the end the following:
``SEC. 210C. RURAL POLICING INSTITUTE.
``(a) In General.--The Secretary shall establish a Rural
Policing Institute, which shall be administered by the Federal
Law Enforcement Training Center, to target training to law
enforcement agencies and other emergency response providers
located in rural areas. The Secretary, through the Rural
Policing Institute, shall--
``(1) evaluate the needs of law enforcement
agencies and other emergency response providers in
rural areas;
``(2) develop expert training programs designed to
address the needs of law enforcement agencies and other
emergency response providers in rural areas as
identified in the evaluation conducted under paragraph
(1), including training programs about intelligence-led
policing and protections for privacy, civil rights, and
civil liberties;
``(3) provide the training programs developed under
paragraph (2) to law enforcement agencies and other
emergency response providers in rural areas; and
``(4) conduct outreach efforts to ensure that local
and tribal governments in rural areas are aware of the
training programs developed under paragraph (2) so they
can avail themselves of such programs.
``(b) Curricula.--The training at the Rural Policing
Institute established under subsection (a) shall--
``(1) be configured in a manner so as not to
duplicate or displace any law enforcement or emergency
response program of the Federal Law Enforcement
Training Center or a local or tribal government entity
in existence on the date of enactment of the
Implementing Recommendations of the 9/11 Commission Act
of 2007; and
``(2) to the maximum extent practicable, be
delivered in a cost-effective manner at facilities of
the Department, on closed military installations with
adequate training facilities, or at facilities operated
by the participants.
``(c) Definition.--In this section, the term `rural' means
an area that is not located in a metropolitan statistical area,
as defined by the Office of Management and Budget.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
(including for contracts, staff, and equipment)--
``(1) $10,000,000 for fiscal year 2008; and
``(2) $5,000,000 for each of fiscal years 2009
through 2013.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is further amended by inserting after the item
relating to section 210B the following:
``Sec. 210C. Rural Policing Institute.''.
Subtitle C--Interagency Threat Assessment and Coordination Group
SEC. 521. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.
(a) Establishment.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended
by adding at the end the following:
``SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.
``(a) In General.--To improve the sharing of information
within the scope of the information sharing environment
established under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485) with State,
local, tribal, and private sector officials, the Director of
National Intelligence, through the program manager for the
information sharing environment, in coordination with the
Secretary, shall coordinate and oversee the creation of an
Interagency Threat Assessment and Coordination Group (referred
to in this section as the `ITACG').
``(b) Composition of ITACG.--The ITACG shall consist of--
``(1) an ITACG Advisory Council to set policy and
develop processes for the integration, analysis, and
dissemination of federally-coordinated information
within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information; and
``(2) an ITACG Detail comprised of State, local,
and tribal homeland security and law enforcement
officers and intelligence analysts detailed to work in
the National Counterterrorism Center with Federal
intelligence analysts for the purpose of integrating,
analyzing, and assisting in the dissemination of
federally-coordinated information within the scope of
the information sharing environment, including homeland
security information, terrorism information, and
weapons of mass destruction information, through
appropriate channels identified by the ITACG Advisory
Council.
``(c) Responsibilities of Program Manager.--The program
manager, in consultation with the Information Sharing Council,
shall--
``(1) monitor and assess the efficacy of the ITACG;
and
``(2) not later than 180 days after the date of the
enactment of the Implementing Recommendations of the 9/
11 Commission Act of 2007, and at least annually
thereafter, submit to the Secretary, the Attorney
General, the Director of National Intelligence, the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of
the House of Representatives a report on the progress
of the ITACG.
``(d) Responsibilities of Secretary.--The Secretary, or the
Secretary's designee, in coordination with the Director of the
National Counterterrorism Center and the ITACG Advisory
Council, shall--
``(1) create policies and standards for the
creation of information products derived from
information within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, that are suitable for dissemination to
State, local, and tribal governments and the private
sector;
``(2) evaluate and develop processes for the timely
dissemination of federally-coordinated information
within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, to State, local, and tribal governments
and the private sector;
``(3) establish criteria and a methodology for
indicating to State, local, and tribal governments and
the private sector the reliability of information
within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, disseminated to them;
``(4) educate the intelligence community about the
requirements of the State, local, and tribal homeland
security, law enforcement, and other emergency response
providers regarding information within the scope of the
information sharing environment, including homeland
security information, terrorism information, and
weapons of mass destruction information;
``(5) establish and maintain the ITACG Detail,
which shall assign an appropriate number of State,
local, and tribal homeland security and law enforcement
officers and intelligence analysts to work in the
National Counterterrorism Center who shall--
``(A) educate and advise National
Counterterrorism Center intelligence analysts
about the requirements of the State, local, and
tribal homeland security and law enforcement
officers, and other emergency response
providers regarding information within the
scope of the information sharing environment,
including homeland security information,
terrorism information, and weapons of mass
destruction information;
``(B) assist National Counterterrorism
Center intelligence analysts in integrating,
analyzing, and otherwise preparing versions of
products derived from information within the
scope of the information sharing environment,
including homeland security information,
terrorism information, and weapons of mass
destruction information that are unclassified
or classified at the lowest possible level and
suitable for dissemination to State, local, and
tribal homeland security and law enforcement
agencies in order to help deter and prevent
terrorist attacks;
``(C) implement, in coordination with
National Counterterrorism Center intelligence
analysts, the policies, processes, procedures,
standards, and guidelines developed by the
ITACG Advisory Council;
``(D) assist in the dissemination of
products derived from information within the
scope of the information sharing environment,
including homeland security information,
terrorism information, and weapons of mass
destruction information, to State, local, and
tribal jurisdictions only through appropriate
channels identified by the ITACG Advisory
Council; and
``(E) report directly to the senior
intelligence official from the Department under
paragraph (6);
``(6) detail a senior intelligence official from
the Department of Homeland Security to the National
Counterterrorism Center, who shall--
``(A) manage the day-to-day operations of
the ITACG Detail;
``(B) report directly to the Director of
the National Counterterrorism Center or the
Director's designee; and
``(C) in coordination with the Director of
the Federal Bureau of Investigation, and
subject to the approval of the Director of the
National Counterterrorism Center, select a
deputy from the pool of available detailees
from the Federal Bureau of Investigation in the
National Counterterrorism Center; and
``(7) establish, within the ITACG Advisory Council,
a mechanism to select law enforcement officers and
intelligence analysts for placement in the National
Counterterrorism Center consistent with paragraph (5),
using criteria developed by the ITACG Advisory Council
that shall encourage participation from a broadly
representative group of State, local, and tribal
homeland security and law enforcement agencies.
``(e) Membership.--The Secretary, or the Secretary's
designee, shall serve as the chair of the ITACG Advisory
Council, which shall include--
``(1) representatives of--
``(A) the Department;
``(B) the Federal Bureau of Investigation;
``(C) the National Counterterrorism Center;
``(D) the Department of Defense;
``(E) the Department of Energy;
``(F) the Department of State; and
``(G) other Federal entities as
appropriate;
``(2) the program manager of the information
sharing environment, designated under section 1016(f)
of the Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 485(f)), or the program manager's
designee; and
``(3) executive level law enforcement and
intelligence officials from State, local, and tribal
governments.
``(f) Criteria.--The Secretary, in consultation with the
Director of National Intelligence, the Attorney General, and
the program manager of the information sharing environment
established under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall--
``(1) establish procedures for selecting members of
the ITACG Advisory Council and for the proper handling
and safeguarding of products derived from information
within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, by those members; and
``(2) ensure that at least 50 percent of the
members of the ITACG Advisory Council are from State,
local, and tribal governments.
``(g) Operations.--
``(1) In general.--Beginning not later than 90 days
after the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, the
ITACG Advisory Council shall meet regularly, but not
less than quarterly, at the facilities of the National
Counterterrorism Center of the Office of the Director
of National Intelligence.
``(2) Management.--Pursuant to section 119(f)(E) of
the National Security Act of 1947 (50 U.S.C.
404o(f)(E)), the Director of the National
Counterterrorism Center, acting through the senior
intelligence official from the Department of Homeland
Security detailed pursuant to subsection (d)(6), shall
ensure that--
``(A) the products derived from information
within the scope of the information sharing
environment, including homeland security
information, terrorism information, and weapons
of mass destruction information, prepared by
the National Counterterrorism Center and the
ITACG Detail for distribution to State, local,
and tribal homeland security and law
enforcement agencies reflect the requirements
of such agencies and are produced consistently
with the policies, processes, procedures,
standards, and guidelines established by the
ITACG Advisory Council;
``(B) in consultation with the ITACG
Advisory Council and consistent with sections
102A(f)(1)(B)(iii) and 119(f)(E) of the
National Security Act of 1947 (50 U.S.C. 402 et
seq.), all products described in subparagraph
(A) are disseminated through existing channels
of the Department and the Department of Justice
and other appropriate channels to State, local,
and tribal government officials and other
entities;
``(C) all detailees under subsection (d)(5)
have appropriate access to all relevant
information within the scope of the information
sharing environment, including homeland
security information, terrorism information,
and weapons of mass destruction information,
available at the National Counterterrorism
Center in order to accomplish the objectives
under that paragraph;
``(D) all detailees under subsection (d)(5)
have the appropriate security clearances and
are trained in the procedures for handling,
processing, storing, and disseminating
classified products derived from information
within the scope of the information sharing
environment, including homeland security
information, terrorism information, and weapons
of mass destruction information; and
``(E) all detailees under subsection (d)(5)
complete appropriate privacy and civil
liberties training.
``(h) Inapplicability of the Federal Advisory Committee
Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the ITACG or any subsidiary groups thereof.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary for
each of fiscal years 2008 through 2012 to carry out this
section, including to obtain security clearances for the State,
local, and tribal participants in the ITACG.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 210C the following:
``Sec. 210D. Interagency Threat Assessment and Coordination Group.''.
(c) Privacy and Civil Liberties Impact Assessment.--Not
later than 90 days after the date of the enactment of this Act,
the Privacy Officer and the Officer for Civil Rights and Civil
Liberties of the Department of Homeland Security and the Chief
Privacy and Civil Liberties Officer for the Department of
Justice, in consultation with the Civil Liberties Protection
Officer of the Office of the Director of National Intelligence,
shall submit to the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, the Attorney
General, the Director of the National Counterterrorism Center,
the Director of National Intelligence, the Privacy and Civil
Liberties Oversight Board, and the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, the
Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives, a privacy and civil liberties impact
assessment of the Interagency Threat Assessment and
Coordination Group under section 210D of the Homeland Security
Act of 2002, as added by subsection (a), including the use of
State, local, and tribal detailees at the National
Counterterrorism Center, as described in subsection (d)(5) of
that section.
Subtitle D--Homeland Security Intelligence Offices Reorganization
SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF
INFRASTRUCTURE PROTECTION.
(a) In General.--Section 201 of the Homeland Security Act
of 2002 (6 U.S.C. 201) is amended--
(1) in the section heading, by striking
``DIRECTORATE FOR INFORMATION'' and inserting
``INFORMATION AND'';
(2) by striking subsections (a) through (c) and
inserting the following:
``(a) Intelligence and Analysis and Infrastructure
Protection.--There shall be in the Department an Office of
Intelligence and Analysis and an Office of Infrastructure
Protection.
``(b) Under Secretary for Intelligence and Analysis and
Assistant Secretary for Infrastructure Protection.--
``(1) Office of intelligence and analysis.--The
Office of Intelligence and Analysis shall be headed by
an Under Secretary for Intelligence and Analysis, who
shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) Chief intelligence officer.--The Under
Secretary for Intelligence and Analysis shall serve as
the Chief Intelligence Officer of the Department.
``(3) Office of infrastructure protection.--The
Office of Infrastructure Protection shall be headed by
an Assistant Secretary for Infrastructure Protection,
who shall be appointed by the President.
``(c) Discharge of Responsibilities.--The Secretary shall
ensure that the responsibilities of the Department relating to
information analysis and infrastructure protection, including
those described in subsection (d), are carried out through the
Under Secretary for Intelligence and Analysis or the Assistant
Secretary for Infrastructure Protection, as appropriate.'';
(3) in subsection (d)--
(A) in the subsection heading, by striking
``Under Secretary'' and inserting ``Secretary
Relating To Intelligence and Analysis and
Infrastructure Protection'';
(B) in the matter preceding paragraph (1),
by striking ``Subject to the direction'' and
all that follows through ``Infrastructure
Protection'' and inserting the following: ``The
responsibilities of the Secretary relating to
intelligence and analysis and infrastructure
protection'';
(C) in paragraph (9), as redesignated under
section 510(a)(2)(A)(ii), by striking
``Director of Central Intelligence'' and
inserting ``Director of National
Intelligence'';
(D) in paragraph (11)(B), as so
redesignated, by striking ``Director of Central
Intelligence'' and inserting ``Director of
National Intelligence'';
(E) by redesignating paragraph (18), as so
redesignated, as paragraph (24); and
(F) by inserting after paragraph (17), as
so redesignated, the following:
``(18) To coordinate and enhance integration among
the intelligence components of the Department,
including through strategic oversight of the
intelligence activities of such components.
``(19) To establish the intelligence collection,
processing, analysis, and dissemination priorities,
policies, processes, standards, guidelines, and
procedures for the intelligence components of the
Department, consistent with any directions from the
President and, as applicable, the Director of National
Intelligence.
``(20) To establish a structure and process to
support the missions and goals of the intelligence
components of the Department.
``(21) To ensure that, whenever possible, the
Department--
``(A) produces and disseminates
unclassified reports and analytic products
based on open-source information; and
``(B) produces and disseminates such
reports and analytic products contemporaneously
with reports or analytic products concerning
the same or similar information that the
Department produced and disseminated in a
classified format.
``(22) To establish within the Office of
Intelligence and Analysis an internal continuity of
operations plan.
``(23) Based on intelligence priorities set by the
President, and guidance from the Secretary and, as
appropriate, the Director of National Intelligence--
``(A) to provide to the heads of each
intelligence component of the Department
guidance for developing the budget pertaining
to the activities of such component; and
``(B) to present to the Secretary a
recommendation for a consolidated budget for
the intelligence components of the Department,
together with any comments from the heads of
such components.'';
(4) in subsection (e)(1)--
(A) by striking ``Directorate'' the first
place that term appears and inserting ``Office
of Intelligence and Analysis and the Office of
Infrastructure Protection''; and
(B) by striking ``the Directorate in
discharging'' and inserting ``such offices in
discharging'';
(5) in subsection (f)(1), by striking
``Directorate'' and inserting ``Office of Intelligence
and Analysis and the Office of Infrastructure
Protection''; and
(6) In subsection (g), in the matter preceding
paragraph (1), by striking ``Under Secretary for
Information Analysis and Infrastructure Protection''
and inserting ``Office of Intelligence and Analysis and
the Office of Infrastructure Protection''.
(b) Technical and Conforming Amendments.--
(1) In general.--Such Act is further amended--
(A) in section 223, by striking ``Under
Secretary for Information Analysis and
Infrastructure Protection'' and inserting
``Under Secretary for Intelligence and
Analysis, in cooperation with the Assistant
Secretary for Infrastructure Protection'';
(B) in section 224, by striking ``Under
Secretary for Information Analysis and
Infrastructure Protection'' and inserting
``Assistant Secretary for Infrastructure
Protection'';
(C) in section 302(3), by striking ``Under
Secretary for Information Analysis and
Infrastructure Protection'' and inserting
``Under Secretary for Intelligence and Analysis
and the Assistant Secretary for Infrastructure
Protection''; and
(D) in section 521(d)--
(i) in paragraph (1), by striking
``Directorate for Information Analysis
and Infrastructure Protection'' and
inserting ``Office of Intelligence and
Analysis''; and
(ii) in paragraph (2), by striking
``Under Secretary for Information
Analysis and Infrastructure
Protection'' and inserting ``Under
Secretary for Intelligence and
Analysis''.
(2) Additional under secretary.--Section 103(a) of
the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is
amended--
(A) by redesignating paragraphs (8) and (9)
as paragraphs (9) and (10), respectively; and
(B) by inserting after paragraph (7) the
following:
``(8) An Under Secretary responsible for overseeing
critical infrastructure protection, cybersecurity, and
other related programs of the Department.''.
(3) Heading.--Subtitle A of title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is
amended in the subtitle heading by striking
``Directorate for Information'' and inserting
``Information and''.
(4) Table of contents.--The Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) is amended in the table
of contents in section 1(b)--
(A) by striking the items relating to
subtitle A of title II and section 201 and
inserting the following:
``Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
``Sec. 201. Information and Analysis and Infrastructure Protection.'';
and
(5) National security act of 1947.--Section
106(b)(2)(I) of the National Security Act of 1947 (50
U.S.C. 403-6) is amended to read as follows:
``(I) The Under Secretary of Homeland
Security for Intelligence and Analysis.''.
(c) Treatment of Incumbent.--The individual
administratively performing the duties of the Under Secretary
for Intelligence and Analysis as of the date of the enactment
of this Act may continue to perform such duties after the date
on which the President nominates an individual to serve as the
Under Secretary pursuant to section 201 of the Homeland
Security Act of 2002, as amended by this section, and until the
individual so appointed assumes the duties of the position
Subtitle E--Authorization of Appropriations
SEC. 541. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of fiscal
years 2008 through 2012 such sums as may be necessary to carry
out this title and the amendments made by this title.
TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE
SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING
INFORMATION.
(a) Amounts Appropriated Each Fiscal Year.--Not later than
30 days after the end of each fiscal year beginning with fiscal
year 2007, the Director of National Intelligence shall disclose
to the public the aggregate amount of funds appropriated by
Congress for the National Intelligence Program for such fiscal
year.
(b) Waiver.--Beginning with fiscal year 2009, the President
may waive or postpone the disclosure required by subsection (a)
for any fiscal year by, not later than 30 days after the end of
such fiscal year, submitting to the Select Committee on
Intelligence of the Senate and Permanent Select Committee on
Intelligence of the House of Representatives--
(1) a statement, in unclassified form, that the
disclosure required in subsection (a) for that fiscal
year would damage national security; and
(2) a statement detailing the reasons for the
waiver or postponement, which may be submitted in
classified form.
(c) Definition.--As used in this section, the term
``National Intelligence Program'' has the meaning given the
term in section 3(6) of the National Security Act of 1947 (50
U.S.C. 401a(6)).
SEC. 602. PUBLIC INTEREST DECLASSIFICATION BOARD.
The Public Interest Declassification Act of 2000 (50 U.S.C.
435 note) is amended--
(1) by striking ``Director of Central
Intelligence'' each place that term appears and
inserting ``Director of National Intelligence'';
(2) in section 704(e)--
(A) by striking ``If requested'' and
inserting the following:
``(1) In general.--If requested''; and
(B) by adding at the end the following:
``(2) Authority of board.--Upon receiving a
congressional request described in section 703(b)(5),
the Board may conduct the review and make the
recommendations described in that section, regardless
of whether such a review is requested by the President.
``(3) Reporting.--Any recommendations submitted to
the President by the Board under section 703(b)(5),
shall be submitted to the chairman and ranking minority
member of the committee of Congress that made the
request relating to such recommendations.'';
(3) in section 705(c), in the subsection heading,
by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(4) in section 710(b), by striking ``8 years after
the date'' and all that follows and inserting ``on
December 31, 2012.''.
SEC. 603. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11 COMMISSION
RECOMMENDATIONS WITH RESPECT TO INTELLIGENCE REFORM
AND CONGRESSIONAL INTELLIGENCE OVERSIGHT REFORM.
(a) Findings.--Congress makes the following findings:
(1) The National Commission on Terrorist Attacks
Upon the United States (referred to in this section as
the ``9/11 Commission'') conducted a lengthy review of
the facts and circumstances relating to the terrorist
attacks of September 11, 2001, including those relating
to the intelligence community, law enforcement
agencies, and the role of congressional oversight and
resource allocation.
(2) In its final report, the 9/11 Commission found
that--
(A) congressional oversight of the
intelligence activities of the United States is
dysfunctional;
(B) under the rules of the Senate and the
House of Representatives in effect at the time
the report was completed, the committees of
Congress charged with oversight of the
intelligence activities lacked the power,
influence, and sustained capability to meet the
daunting challenges faced by the intelligence
community of the United States;
(C) as long as such oversight is governed
by such rules of the Senate and the House of
Representatives, the people of the United
States will not get the security they want and
need;
(D) a strong, stable, and capable
congressional committee structure is needed to
give the intelligence community of the United
States appropriate oversight, support, and
leadership; and
(E) the reforms recommended by the 9/11
Commission in its final report will not succeed
if congressional oversight of the intelligence
community in the United States is not changed.
(3) The 9/11 Commission recommended structural
changes to Congress to improve the oversight of
intelligence activities.
(4) Congress has enacted some of the
recommendations made by the 9/11 Commission and is
considering implementing additional recommendations of
the 9/11 Commission.
(5) The Senate adopted Senate Resolution 445 in the
108th Congress to address some of the intelligence
oversight recommendations of the 9/11 Commission by
abolishing term limits for the members of the Select
Committee on Intelligence, clarifying jurisdiction for
intelligence-related nominations, and streamlining
procedures for the referral of intelligence-related
legislation, but other aspects of the 9/11 Commission
recommendations regarding intelligence oversight have
not been implemented.
(b) Sense of the Senate.--It is the sense of the Senate
that the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the Senate
each, or jointly, should--
(1) undertake a review of the recommendations made
in the final report of the 9/11 Commission with respect
to intelligence reform and congressional intelligence
oversight reform;
(2) review and consider any other suggestions,
options, or recommendations for improving intelligence
oversight; and
(3) not later than December 21, 2007, submit to the
Senate a report that includes the recommendations of
the committees, if any, for carrying out such reforms.
SEC. 604. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST
DECLASSIFICATION BOARD.
Section 21067 of the Continuing Appropriations Resolution,
2007 (division B of Public Law 109-289; 120 Stat. 1311), as
amended by Public Law 109-369 (120 Stat. 2642), Public Law 109-
383 (120 Stat. 2678), and Public Law 110-5, is amended by
adding at the end the following new subsection:
``(c) From the amount provided by this section, the
National Archives and Records Administration may obligate
monies necessary to carry out the activities of the Public
Interest Declassification Board.''.
SEC. 605. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT ON
CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY
REGARDING THE TERRORIST ATTACKS OF SEPTEMBER 11,
2001.
(a) Public Availability.--Not later than 30 days after the
date of the enactment of this Act, the Director of the Central
Intelligence Agency shall prepare and make available to the
public a version of the Executive Summary of the report
entitled the ``Office of Inspector General Report on Central
Intelligence Agency Accountability Regarding Findings and
Conclusions of the Joint Inquiry into Intelligence Community
Activities Before and After the Terrorist Attacks of September
11, 2001'' issued in June 2005 that is declassified to the
maximum extent possible, consistent with national security.
(b) Report to Congress.--The Director of the Central
Intelligence Agency shall submit to Congress a classified annex
to the redacted Executive Summary made available under
subsection (a) that explains the reason that any redacted
material in the Executive Summary was withheld from the public.
TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL
Subtitle A--Terrorist Travel
SEC. 701. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE BORDER
SECURITY, ENHANCE GLOBAL DOCUMENT SECURITY, AND
EXCHANGE TERRORIST INFORMATION.
(a) Report Required.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of State and
the Secretary of Homeland Security, in conjunction with the
Director of National Intelligence and the heads of other
appropriate Federal departments and agencies, shall submit to
the appropriate congressional committees a report on efforts of
the Government of the United States to collaborate with
international partners and allies of the United States to
increase border security, enhance global document security, and
exchange terrorism information.
(b) Contents.--The report required by subsection (a) shall
outline--
(1) all presidential directives, programs, and
strategies for carrying out and increasing United
States Government efforts described in subsection (a);
(2) the goals and objectives of each of these
efforts;
(3) the progress made in each of these efforts; and
(4) the projected timelines for each of these
efforts to become fully functional and effective.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee
on Homeland Security, the Committee on the Judiciary,
and the Permanent Select Committee on Intelligence of
the House of Representatives; and
(2) the Committee on Foreign Relations, the
Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, and the Select
Committee on Intelligence of the Senate.
Subtitle B--Visa Waiver
SEC. 711. MODERNIZATION OF THE VISA WAIVER PROGRAM.
(a) Short Title.--This section may be cited as the ``Secure
Travel and Counterterrorism Partnership Act of 2007''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should modernize and
strengthen the security of the visa waiver program
under section 217 of the Immigration and Nationality
Act (8 U.S.C. 1187) by simultaneously--
(A) enhancing program security
requirements; and
(B) extending visa-free travel privileges
to nationals of foreign countries that are
partners in the war on terrorism--
(i) that are actively cooperating
with the United States to prevent
terrorist travel, including sharing
counterterrorism and law enforcement
information; and
(ii) whose nationals have
demonstrated their compliance with the
provisions of the Immigration and
Nationality Act regarding the purpose
and duration of their admission to the
United States; and
(2) the modernization described in paragraph (1)
will--
(A) enhance bilateral cooperation on
critical counterterrorism and information
sharing initiatives;
(B) support and expand tourism and business
opportunities to enhance long-term economic
competitiveness; and
(C) strengthen bilateral relationships.
(c) Discretionary Visa Waiver Program Expansion.--Section
217(c) of the Immigration and Nationality Act (8 U.S.C.
1187(c)) is amended by adding at the end the following new
paragraphs:
``(8) Nonimmigrant visa refusal rate flexibility.--
``(A) Certification.--
``(i) In general.--On the date on
which an air exit system is in place
that can verify the departure of not
less than 97 percent of foreign
nationals who exit through airports of
the United States and the electronic
travel authorization system required
under subsection (h)(3) is fully
operational, the Secretary of Homeland
Security shall certify to Congress that
such air exit system and electronic
travel authorization system are in
place.
``(ii) Notification to congress.--
The Secretary shall notify Congress in
writing of the date on which the air
exit system under clause (i) fully
satisfies the biometric requirements
specified in subsection (i).
``(iii) Temporary suspension of
waiver authority.--Notwithstanding any
certification made under clause (i), if
the Secretary has not notified Congress
in accordance with clause (ii) by June
30, 2009, the Secretary's waiver
authority under subparagraph (B) shall
be suspended beginning on July 1, 2009,
until such time as the Secretary makes
such notification.
``(iv) Rule of construction.--
Nothing in this paragraph shall be
construed as in any way abrogating the
reporting requirements under subsection
(i)(3).
``(B) Waiver.--After certification by the
Secretary under subparagraph (A), the
Secretary, in consultation with the Secretary
of State, may waive the application of
paragraph (2)(A) for a country if--
``(i) the country meets all
security requirements of this section;
``(ii) the Secretary of Homeland
Security determines that the totality
of the country's security risk
mitigation measures provide assurance
that the country's participation in the
program would not compromise the law
enforcement, security interests, or
enforcement of the immigration laws of
the United States;
``(iii) there has been a sustained
reduction in the rate of refusals for
nonimmigrant visas for nationals of the
country and conditions exist to
continue such reduction;
``(iv) the country cooperated with
the Government of the United States on
counterterrorism initiatives,
information sharing, and preventing
terrorist travel before the date of its
designation as a program country, and
the Secretary of Homeland Security and
the Secretary of State determine that
such cooperation will continue; and
``(v)(I) the rate of refusals for
nonimmigrant visitor visas for
nationals of the country during the
previous full fiscal year was not more
than ten percent; or
``(II) the visa overstay rate for
the country for the previous full
fiscal year does not exceed the maximum
visa overstay rate, once such rate is
established under subparagraph (C).
``(C) Maximum visa overstay rate.--
``(i) Requirement to establish.--
After certification by the Secretary
under subparagraph (A), the Secretary
and the Secretary of State jointly
shall use information from the air exit
system referred to in such subparagraph
to establish a maximum visa overstay
rate for countries participating in the
program pursuant to a waiver under
subparagraph (B). The Secretary of
Homeland Security shall certify to
Congress that such rate would not
compromise the law enforcement,
security interests, or enforcement of
the immigration laws of the United
States.
``(ii) Visa overstay rate
defined.--In this paragraph the term
`visa overstay rate' means, with
respect to a country, the ratio of--
``(I) the total number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa whose periods
of authorized stays ended
during a fiscal year but who
remained unlawfully in the
United States beyond such
periods; to
``(II) the total number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa during that
fiscal year.
``(iii) Report and publication.--
The Secretary of Homeland Security
shall on the same date submit to
Congress and publish in the Federal
Register information relating to the
maximum visa overstay rate established
under clause (i). Not later than 60
days after such date, the Secretary
shall issue a final maximum visa
overstay rate above which a country may
not participate in the program.
``(9) Discretionary security-related
considerations.--In determining whether to waive the
application of paragraph (2)(A) for a country, pursuant
to paragraph (8), the Secretary of Homeland Security,
in consultation with the Secretary of State, shall take
into consideration other factors affecting the security
of the United States, including--
``(A) airport security standards in the
country;
``(B) whether the country assists in the
operation of an effective air marshal program;
``(C) the standards of passports and travel
documents issued by the country; and
``(D) other security-related factors,
including the country's cooperation with the
United States' initiatives toward combating
terrorism and the country's cooperation with
the United States intelligence community in
sharing information regarding terrorist
threats.''.
(d) Security Enhancements to the Visa Waiver Program.--
(1) In general.--Section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) is amended--
(A) in subsection (a), in the flush text
following paragraph (9)--
(i) by striking ``Operators of
aircraft'' and inserting the following:
``(10) Electronic transmission of identification
information.--Operators of aircraft''; and
(ii) by adding at the end the
following new paragraph:
``(11) Eligibility determination under the
electronic travel authorization system.--Beginning on
the date on which the electronic travel authorization
system developed under subsection (h)(3) is fully
operational, each alien traveling under the program
shall, before applying for admission to the United
States, electronically provide to the system
biographical information and such other information as
the Secretary of Homeland Security shall determine
necessary to determine the eligibility of, and whether
there exists a law enforcement or security risk in
permitting, the alien to travel to the United States.
Upon review of such biographical information, the
Secretary of Homeland Security shall determine whether
the alien is eligible to travel to the United States
under the program.'';
(B) in subsection (c)--
(i) in paragraph (2)--
(I) by amending
subparagraph (D) to read as
follows:
``(D) Reporting lost and stolen
passports.--The government of the country
enters into an agreement with the United States
to report, or make available through Interpol
or other means as designated by the Secretary
of Homeland Security, to the United States
Government information about the theft or loss
of passports within a strict time limit and in
a manner specified in the agreement.''; and
(II) by adding at the end
the following new
subparagraphs:
``(E) Repatriation of aliens.--The
government of the country accepts for
repatriation any citizen, former citizen, or
national of the country against whom a final
executable order of removal is issued not later
than three weeks after the issuance of the
final order of removal. Nothing in this
subparagraph creates any duty for the United
States or any right for any alien with respect
to removal or release. Nothing in this
subparagraph gives rise to any cause of action
or claim under this paragraph or any other law
against any official of the United States or of
any State to compel the release, removal, or
consideration for release or removal of any
alien.
``(F) Passenger information exchange.--The
government of the country enters into an
agreement with the United States to share
information regarding whether citizens and
nationals of that country traveling to the
United States represent a threat to the
security or welfare of the United States or its
citizens.'';
(ii) in paragraph (5)--
(I) by striking ``Attorney
General'' each place it appears
and inserting ``Secretary of
Homeland Security''; and
(II) in subparagraph
(A)(i)--
(aa) in subclause
(II), by striking
``and'' at the end;
(bb) in subclause
(III)--
(AA) by striking
``and the Committee on
International
Relations'' and
inserting ``, the
Committee on Foreign
Affairs, and the
Committee on Homeland
Security,'' and by
striking ``and the
Committee on Foreign
Relations'' and
inserting ``, the
Committee on Foreign
Relations, and the
Committee on Homeland
Security and
Governmental Affairs'';
and
(BB) by striking
the period at the end
and inserting ``;
and''; and
(cc) by adding at
the end the following
new subclause:
``(IV) shall submit to
Congress a report regarding the
implementation of the
electronic travel authorization
system under subsection (h)(3)
and the participation of new
countries in the program
through a waiver under
paragraph (8).''; and
(III) in subparagraph (B),
by adding at the end the
following new clause:
``(iv) Program suspension
authority.--The Director of National
Intelligence shall immediately inform
the Secretary of Homeland Security of
any current and credible threat which
poses an imminent danger to the United
States or its citizens and originates
from a country participating in the
visa waiver program. Upon receiving
such notification, the Secretary, in
consultation with the Secretary of
State--
``(I) may suspend a country
from the visa waiver program
without prior notice;
``(II) shall notify any
country suspended under
subclause (I) and, to the
extent practicable without
disclosing sensitive
intelligence sources and
methods, provide justification
for the suspension; and
``(III) shall restore the
suspended country's
participation in the visa
waiver program upon a
determination that the threat
no longer poses an imminent
danger to the United States or
its citizens.''; and
(iii) by adding at the end the
following new paragraphs:
``(10) Technical assistance.--The Secretary of
Homeland Security, in consultation with the Secretary
of State, shall provide technical assistance to program
countries to assist those countries in meeting the
requirements under this section. The Secretary of
Homeland Security shall ensure that the program office
within the Department of Homeland Security is
adequately staffed and has resources to be able to
provide such technical assistance, in addition to its
duties to effectively monitor compliance of the
countries participating in the program with all the
requirements of the program.
``(11) Independent review.--
``(A) In general.--Prior to the admission
of a new country into the program under this
section, and in conjunction with the periodic
evaluations required under subsection
(c)(5)(A), the Director of National
Intelligence shall conduct an independent
intelligence assessment of a nominated country
and member of the program.
``(B) Reporting requirement.--The Director
shall provide to the Secretary of Homeland
Security, the Secretary of State, and the
Attorney General the independent intelligence
assessment required under subparagraph (A).
``(C) Contents.--The independent
intelligence assessment conducted by the
Director shall include--
``(i) a review of all current,
credible terrorist threats of the
subject country;
``(ii) an evaluation of the subject
country's counterterrorism efforts;
``(iii) an evaluation as to the
extent of the country's sharing of
information beneficial to suppressing
terrorist movements, financing, or
actions;
``(iv) an assessment of the risks
associated with including the subject
country in the program; and
``(v) recommendations to mitigate
the risks identified in clause (iv).'';
(C) in subsection (d)--
(i) by striking ``Attorney
General'' and inserting ``Secretary of
Homeland Security''; and
(ii) by adding at the end the
following new sentence: ``The Secretary
of Homeland Security may not waive any
eligibility requirement under this
section unless the Secretary notifies,
with respect to the House of
Representatives, the Committee on
Homeland Security, the Committee on the
Judiciary, the Committee on Foreign
Affairs, and the Committee on
Appropriations, and with respect to the
Senate, the Committee on Homeland
Security and Governmental Affairs, the
Committee on the Judiciary, the
Committee on Foreign Relations, and the
Committee on Appropriations not later
than 30 days before the effective date
of such waiver.'';
(D) in subsection (f)(5)--
(i) by striking ``Attorney
General'' each place it appears and
inserting ``Secretary of Homeland
Security''; and
(ii) by striking ``of blank'' and
inserting ``or loss of'';
(E) in subsection (h), by adding at the end
the following new paragraph:
``(3) Electronic travel authorization system.--
``(A) System.--The Secretary of Homeland
Security, in consultation with the Secretary of
State, shall develop and implement a fully
automated electronic travel authorization
system (referred to in this paragraph as the
`System') to collect such biographical and
other information as the Secretary of Homeland
Security determines necessary to determine, in
advance of travel, the eligibility of, and
whether there exists a law enforcement or
security risk in permitting, the alien to
travel to the United States.
``(B) Fees.--The Secretary of Homeland
Security may charge a fee for the use of the
System, which shall be--
``(i) set at a level that will
ensure recovery of the full costs of
providing and administering the System;
and
``(ii) available to pay the costs
incurred to administer the System.
``(C) Validity.--
``(i) Period.--The Secretary of
Homeland Security, in consultation with
the Secretary of State, shall prescribe
regulations that provide for a period,
not to exceed three years, during which
a determination of eligibility to
travel under the program will be valid.
Notwithstanding any other provision
under this section, the Secretary of
Homeland Security may revoke any such
determination at any time and for any
reason.
``(ii) Limitation.--A determination
by the Secretary of Homeland Security
that an alien is eligible to travel to
the United States under the program is
not a determination that the alien is
admissible to the United States.
``(iii) Not a determination of visa
eligibility.--A determination by the
Secretary of Homeland Security that an
alien who applied for authorization to
travel to the United States through the
System is not eligible to travel under
the program is not a determination of
eligibility for a visa to travel to the
United States and shall not preclude
the alien from applying for a visa.
``(iv) Judicial review.--
Notwithstanding any other provision of
law, no court shall have jurisdiction
to review an eligibility determination
under the System.
``(D) Report.--Not later than 60 days
before publishing notice regarding the
implementation of the System in the Federal
Register, the Secretary of Homeland Security
shall submit a report regarding the
implementation of the system to--
``(i) the Committee on Homeland
Security of the House of
Representatives;
``(ii) the Committee on the
Judiciary of the House of
Representatives;
``(iii) the Committee on Foreign
Affairs of the House of
Representatives;
``(iv) the Permanent Select
Committee on Intelligence of the House
of Representatives;
``(v) the Committee on
Appropriations of the House of
Representatives;
``(vi) the Committee on Homeland
Security and Governmental Affairs of
the Senate;
``(vii) the Committee on the
Judiciary of the Senate;
``(viii) the Committee on Foreign
Relations of the Senate;
``(ix) the Select Committee on
Intelligence of the Senate; and
``(x) the Committee on
Appropriations of the Senate.''; and
(F) by adding at the end the following new
subsection:
``(i) Exit System.--
``(1) In general.--Not later than one year after
the date of the enactment of this subsection, the
Secretary of Homeland Security shall establish an exit
system that records the departure on a flight leaving
the United States of every alien participating in the
visa waiver program established under this section.
``(2) System requirements.--The system established
under paragraph (1) shall--
``(A) match biometric information of the
alien against relevant watch lists and
immigration information; and
``(B) compare such biometric information
against manifest information collected by air
carriers on passengers departing the United
States to confirm such aliens have departed the
United States.
``(3) Report.--Not later than 180 days after the
date of the enactment of this subsection, the Secretary
shall submit to Congress a report that describes--
``(A) the progress made in developing and
deploying the exit system established under
this subsection; and
``(B) the procedures by which the Secretary
shall improve the method of calculating the
rates of nonimmigrants who overstay their
authorized period of stay in the United
States.''.
(2) Effective date.--Section 217(a)(11) of the
Immigration and Nationality Act, as added by paragraph
(1)(A)(ii), shall take effect on the date that is 60
days after the date on which the Secretary of Homeland
Security publishes notice in the Federal Register of
the requirement under such paragraph.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security such
sums as may be necessary to carry out this section and the
amendments made by this section.
Subtitle C--Strengthening Terrorism Prevention Programs
SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND
TRAFFICKING CENTER.
(a) In General.--Section 7202 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is
amended--
(1) in subsection (c)(1), by striking ``address''
and inserting ``integrate and disseminate intelligence
and information related to'';
(2) by redesignating subsections (d) and (e) as
subsections (g) and (h), respectively; and
(3) by inserting after subsection (c) the following
new subsections:
``(d) Director.--The Secretary of Homeland Security shall
nominate an official of the Government of the United States to
serve as the Director of the Center, in accordance with the
requirements of the memorandum of understanding entitled the
`Human Smuggling and Trafficking Center (HSTC) Charter'.
``(e) Staffing of the Center.--
``(1) In general.--The Secretary of Homeland
Security, in cooperation with heads of other relevant
agencies and departments, shall ensure that the Center
is staffed with not fewer than 40 full-time equivalent
positions, including, as appropriate, detailees from
the following:
``(A) Agencies and offices within the
Department of Homeland Security, including the
following:
``(i) The Office of Intelligence
and Analysis.
``(ii) The Transportation Security
Administration.
``(iii) United States Citizenship
and Immigration Services.
``(iv) United States Customs and
Border Protection.
``(v) The United States Coast
Guard.
``(vi) United States Immigration
and Customs Enforcement.
``(B) Other departments, agencies, or
entities, including the following:
``(i) The Central Intelligence
Agency.
``(ii) The Department of Defense.
``(iii) The Department of the
Treasury.
``(iv) The National
Counterterrorism Center.
``(v) The National Security Agency.
``(vi) The Department of Justice.
``(vii) The Department of State.
``(viii) Any other relevant agency
or department.
``(2) Expertise of detailees.--The Secretary of
Homeland Security, in cooperation with the head of each
agency, department, or other entity referred to in
paragraph (1), shall ensure that the detailees provided
to the Center under such paragraph include an adequate
number of personnel who are--
``(A) intelligence analysts or special
agents with demonstrated experience related to
human smuggling, trafficking in persons, or
terrorist travel; and
``(B) personnel with experience in the
areas of--
``(i) consular affairs;
``(ii) counterterrorism;
``(iii) criminal law enforcement;
``(iv) intelligence analysis;
``(v) prevention and detection of
document fraud;
``(vi) border inspection;
``(vii) immigration enforcement; or
``(viii) human trafficking and
combating severe forms of trafficking
in persons.
``(3) Enhanced personnel management.--
``(A) Incentives for service in certain
positions.--
``(i) In general.--The Secretary of
Homeland Security, and the heads of
other relevant agencies, shall
prescribe regulations or promulgate
personnel policies to provide
incentives for service on the staff of
the Center, particularly for serving
terms of at least two years duration.
``(ii) Forms of incentives.--
Incentives under clause (i) may include
financial incentives, bonuses, and such
other awards and incentives as the
Secretary and the heads of other
relevant agencies, consider
appropriate.
``(B) Enhanced promotion for service at the
center.--Notwithstanding any other provision of
law, the Secretary of Homeland Security, and
the heads of other relevant agencies, shall
ensure that personnel who are assigned or
detailed to service at the Center shall be
considered for promotion at rates equivalent to
or better than similarly situated personnel of
such agencies who are not so assigned or
detailed, except that this subparagraph shall
not apply in the case of personnel who are
subject to the provisions of the Foreign
Service Act of 1980.
``(f) Administrative Support and Funding.--The Secretary of
Homeland Security shall provide to the Center the
administrative support and funding required for its
maintenance, including funding for personnel, leasing of office
space, supplies, equipment, technology, training, and travel
expenses necessary for the Center to carry out its
functions.''.
(b) Report.--Subsection (g) of section 7202 of the
Intelligence Reform and Terrorism Prevention Act of 2004, as
redesignated by subsection (a)(2), is amended to read as
follows:
``(g) Report.--
``(1) Initial report.--Not later than 180 days
after December 17, 2004, the President shall transmit
to Congress a report regarding the implementation of
this section, including a description of the staffing
and resource needs of the Center.
``(2) Follow-up report.--Not later than 180 days
after the date of the enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, the
President shall transmit to Congress a report regarding
the operation of the Center and the activities carried
out by the Center, including a description of--
``(A) the roles and responsibilities of
each agency or department that is participating
in the Center;
``(B) the mechanisms used to share
information among each such agency or
department;
``(C) the personnel provided to the Center
by each such agency or department;
``(D) the type of information and reports
being disseminated by the Center;
``(E) any efforts by the Center to create a
centralized Federal Government database to
store information related to unlawful travel of
foreign nationals, including a description of
any such database and of the manner in which
information utilized in such a database would
be collected, stored, and shared;
``(F) how each agency and department shall
utilize its resources to ensure that the Center
uses intelligence to focus and drive its
efforts;
``(G) efforts to consolidate networked
systems for the Center;
``(H) the mechanisms for the sharing of
homeland security information from the Center
to the Office of Intelligence and Analysis,
including how such sharing shall be consistent
with section 1016(b);
``(I) the ability of participating
personnel in the Center to freely access
necessary databases and share information
regarding issues related to human smuggling,
trafficking in persons, and terrorist travel;
``(J) how the assignment of personnel to
the Center is incorporated into the civil
service career path of such personnel; and
``(K) cooperation and coordination efforts,
including any memorandums of understanding,
among participating agencies and departments
regarding issues related to human smuggling,
trafficking in persons, and terrorist
travel.''.
(c) Coordination With the Office of Intelligence and
Analysis.--Section 7202 of the Intelligence Reform and
Terrorism Prevention Act of 2004 is amended by adding after
subsection (h), as redesignated by subsection (a)(2), the
following new subsection:
``(i) Coordination With the Office of Intelligence and
Analysis.--The Office of Intelligence and Analysis, in
coordination with the Center, shall submit to relevant State,
local, and tribal law enforcement agencies periodic reports
regarding terrorist threats related to human smuggling, human
trafficking, and terrorist travel.''.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security
$20,000,000 for fiscal year 2008 to carry out section 7202 of
the Intelligence Reform and Terrorism Prevention Act of 2004,
as amended by this section.
SEC. 722. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.
Section 7215 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 123) is amended to read as
follows:
``SEC. 7215. TERRORIST TRAVEL PROGRAM.
``(a) Requirement To Establish.--Not later than 90 days
after the date of the enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, the
Secretary of Homeland Security, in consultation with the
Director of the National Counterterrorism Center and consistent
with the strategy developed under section 7201, shall establish
a program to oversee the implementation of the Secretary's
responsibilities with respect to terrorist travel.
``(b) Head of the Program.--The Secretary of Homeland
Security shall designate an official of the Department of
Homeland Security to be responsible for carrying out the
program. Such official shall be--
``(1) the Assistant Secretary for Policy of the
Department of Homeland Security; or
``(2) an official appointed by the Secretary who
reports directly to the Secretary.
``(c) Duties.--The official designated under subsection (b)
shall assist the Secretary of Homeland Security in improving
the Department's ability to prevent terrorists from entering
the United States or remaining in the United States undetected
by--
``(1) developing relevant strategies and policies;
``(2) reviewing the effectiveness of existing
programs and recommending improvements, if necessary;
``(3) making recommendations on budget requests and
on the allocation of funding and personnel;
``(4) ensuring effective coordination, with respect
to policies, programs, planning, operations, and
dissemination of intelligence and information related
to terrorist travel--
``(A) among appropriate subdivisions of the
Department of Homeland Security, as determined
by the Secretary and including--
``(i) United States Customs and
Border Protection;
``(ii) United States Immigration
and Customs Enforcement;
``(iii) United States Citizenship
and Immigration Services;
``(iv) the Transportation Security
Administration; and
``(v) the United States Coast
Guard; and
``(B) between the Department of Homeland
Security and other appropriate Federal
agencies; and
``(5) serving as the Secretary's primary point of
contact with the National Counterterrorism Center for
implementing initiatives related to terrorist travel
and ensuring that the recommendations of the Center
related to terrorist travel are carried out by the
Department.
``(d) Report.--Not later than 180 days after the date of
the enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report on
the implementation of this section.''.
SEC. 723. ENHANCED DRIVER'S LICENSE.
Section 7209(b)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1185 note) is amended--
(1) in subparagraph (B)--
(A) in clause (vi), by striking ``and'' at
the end;
(B) in clause (vii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following new
clause:
``(viii) the signing of a
memorandum of agreement to initiate a
pilot program with not less than one
State to determine if an enhanced
driver's license, which is machine-
readable and tamper proof, not valid
for certification of citizenship for
any purpose other than admission into
the United States from Canada or
Mexico, and issued by such State to an
individual, may permit the individual
to use the driver's license to meet the
documentation requirements under
subparagraph (A) for entry into the
United States from Canada or Mexico at
land and sea ports of entry.''; and
(2) by adding at the end the following new
subparagraph:
``(C) Report.--Not later than 180 days
after the initiation of the pilot program
described in subparagraph (B)(viii), the
Secretary of Homeland Security and the
Secretary of State shall submit to the
appropriate congressional committees a report
which includes--
``(i) an analysis of the impact of
the pilot program on national security;
``(ii) recommendations on how to
expand the pilot program to other
States;
``(iii) any appropriate statutory
changes to facilitate the expansion of
the pilot program to additional States
and to citizens of Canada;
``(iv) a plan to screen individuals
participating in the pilot program
against United States terrorist watch
lists; and
``(v) a recommendation for the type
of machine-readable technology that
should be used in enhanced driver's
licenses, based on individual privacy
considerations and the costs and
feasibility of incorporating any new
technology into existing driver's
licenses.''.
SEC. 724. WESTERN HEMISPHERE TRAVEL INITIATIVE.
Before the Secretary of Homeland Security publishes a final
rule in the Federal Register implementing section 7209 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note)--
(1) the Secretary of Homeland Security shall
complete a cost-benefit analysis of the Western
Hemisphere Travel Initiative, authorized under such
section 7209; and
(2) the Secretary of State shall develop proposals
for reducing the execution fee charged for the passport
card, proposed at 71 Fed. Reg. 60928-32 (October 17,
2006), including the use of mobile application teams,
during implementation of the land and sea phase of the
Western Hemisphere Travel Initiative, in order to
encourage United States citizens to apply for the
passport card.
SEC. 725. MODEL PORTS-OF-ENTRY.
(a) In General.--The Secretary of Homeland Security shall--
(1) establish a model ports-of-entry program for
the purpose of providing a more efficient and welcoming
international arrival process in order to facilitate
and promote business and tourist travel to the United
States, while also improving security; and
(2) implement the program initially at the 20
United States international airports that have the
highest number of foreign visitors arriving annually as
of the date of the enactment of this Act.
(b) Program Elements.--The program shall include--
(1) enhanced queue management in the Federal
Inspection Services area leading up to primary
inspection;
(2) assistance for foreign travelers once they have
been admitted to the United States, in consultation, as
appropriate, with relevant governmental and
nongovernmental entities; and
(3) instructional videos, in English and such other
languages as the Secretary determines appropriate, in
the Federal Inspection Services area that explain the
United States inspection process and feature national,
regional, or local welcome videos.
(c) Additional Customs and Border Protection Officers for
High-Volume Ports.--Subject to the availability of
appropriations, not later than the end of fiscal year 2008 the
Secretary of Homeland Security shall employ not fewer than an
additional 200 Customs and Border Protection officers over the
number of such positions for which funds were appropriated for
the proceeding fiscal year to address staff shortages at the 20
United States international airports that have the highest
number of foreign visitors arriving annually as of the date of
the enactment of this Act.
Subtitle D--Miscellaneous Provisions
SEC. 731. REPORT REGARDING BORDER SECURITY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to Congress a report regarding ongoing initiatives
of the Department of Homeland Security to improve security
along the northern border of the United States.
(b) Contents.--The report submitted under subsection (a)
shall--
(1) address the vulnerabilities along the northern
border of the United States; and
(2) provide recommendations to address such
vulnerabilities, including required resources needed to
protect the northern border of the United States.
(c) Government Accountability Office.--Not later than 270
days after the date of the submission of the report under
subsection (a), the Comptroller General of the United States
shall submit to Congress a report that--
(1) reviews and comments on the report under
subsection (a); and
(2) provides recommendations regarding any
additional actions necessary to protect the northern
border of the United States.
TITLE VIII--PRIVACY AND CIVIL LIBERTIES
SEC. 801. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD.
(a) Modification of Authorities.--Section 1061 of the
National Security Intelligence Reform Act of 2004 (5 U.S.C. 601
note) is amended to read as follows:
``SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
``(a) In General.--There is established as an independent
agency within the executive branch a Privacy and Civil
Liberties Oversight Board (referred to in this section as the
`Board').
``(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
``(1) In conducting the war on terrorism, the
Government may need additional powers and may need to
enhance the use of its existing powers.
``(2) This shift of power and authority to the
Government calls for an enhanced system of checks and
balances to protect the precious liberties that are
vital to our way of life and to ensure that the
Government uses its powers for the purposes for which
the powers were given.
``(3) The National Commission on Terrorist Attacks
Upon the United States correctly concluded that `The
choice between security and liberty is a false choice,
as nothing is more likely to endanger America's
liberties than the success of a terrorist attack at
home. Our history has shown us that insecurity
threatens liberty. Yet, if our liberties are curtailed,
we lose the values that we are struggling to defend.'.
``(c) Purpose.--The Board shall--
``(1) analyze and review actions the executive
branch takes to protect the Nation from terrorism,
ensuring that the need for such actions is balanced
with the need to protect privacy and civil liberties;
and
``(2) ensure that liberty concerns are
appropriately considered in the development and
implementation of laws, regulations, and policies
related to efforts to protect the Nation against
terrorism.
``(d) Functions.--
``(1) Advice and counsel on policy development and
implementation.--The Board shall--
``(A) review proposed legislation,
regulations, and policies related to efforts to
protect the Nation from terrorism, including
the development and adoption of information
sharing guidelines under subsections (d) and
(f) of section 1016;
``(B) review the implementation of new and
existing legislation, regulations, and policies
related to efforts to protect the Nation from
terrorism, including the implementation of
information sharing guidelines under
subsections (d) and (f) of section 1016;
``(C) advise the President and the
departments, agencies, and elements of the
executive branch to ensure that privacy and
civil liberties are appropriately considered in
the development and implementation of such
legislation, regulations, policies, and
guidelines; and
``(D) in providing advice on proposals to
retain or enhance a particular governmental
power, consider whether the department, agency,
or element of the executive branch has
established--
``(i) that the need for the power
is balanced with the need to protect
privacy and civil liberties;
``(ii) that there is adequate
supervision of the use by the executive
branch of the power to ensure
protection of privacy and civil
liberties; and
``(iii) that there are adequate
guidelines and oversight to properly
confine its use.
``(2) Oversight.--The Board shall continually
review--
``(A) the regulations, policies, and
procedures, and the implementation of the
regulations, policies, and procedures, of the
departments, agencies, and elements of the
executive branch relating to efforts to protect
the Nation from terrorism to ensure that
privacy and civil liberties are protected;
``(B) the information sharing practices of
the departments, agencies, and elements of the
executive branch relating to efforts to protect
the Nation from terrorism to determine whether
they appropriately protect privacy and civil
liberties and adhere to the information sharing
guidelines issued or developed under
subsections (d) and (f) of section 1016 and to
other governing laws, regulations, and policies
regarding privacy and civil liberties; and
``(C) other actions by the executive branch
relating to efforts to protect the Nation from
terrorism to determine whether such actions--
``(i) appropriately protect privacy
and civil liberties; and
``(ii) are consistent with
governing laws, regulations, and
policies regarding privacy and civil
liberties.
``(3) Relationship with privacy and civil liberties
officers.--The Board shall--
``(A) receive and review reports and other
information from privacy officers and civil
liberties officers under section 1062;
``(B) when appropriate, make
recommendations to such privacy officers and
civil liberties officers regarding their
activities; and
``(C) when appropriate, coordinate the
activities of such privacy officers and civil
liberties officers on relevant interagency
matters.
``(4) Testimony.--The members of the Board shall
appear and testify before Congress upon request.
``(e) Reports.--
``(1) In general.--The Board shall--
``(A) receive and review reports from
privacy officers and civil liberties officers
under section 1062; and
``(B) periodically submit, not less than
semiannually, reports--
``(i)(I) to the appropriate
committees of Congress, including the
Committee on the Judiciary of the
Senate, the Committee on the Judiciary
of the House of Representatives, the
Committee on Homeland Security and
Governmental Affairs of the Senate, the
Committee on Homeland Security of the
House of Representatives, the Committee
on Oversight and Government Reform of
the House of Representatives, the
Select Committee on Intelligence of the
Senate, and the Permanent Select
Committee on Intelligence of the House
of Representatives; and
``(II) to the President; and
``(ii) which shall be in
unclassified form to the greatest
extent possible, with a classified
annex where necessary.
``(2) Contents.--Not less than 2 reports submitted
each year under paragraph (1)(B) shall include--
``(A) a description of the major activities
of the Board during the preceding period;
``(B) information on the findings,
conclusions, and recommendations of the Board
resulting from its advice and oversight
functions under subsection (d);
``(C) the minority views on any findings,
conclusions, and recommendations of the Board
resulting from its advice and oversight
functions under subsection (d);
``(D) each proposal reviewed by the Board
under subsection (d)(1) that--
``(i) the Board advised against
implementation; and
``(ii) notwithstanding such advice,
actions were taken to implement; and
``(E) for the preceding period, any
requests submitted under subsection (g)(1)(D)
for the issuance of subpoenas that were
modified or denied by the Attorney General.
``(f) Informing the Public.--The Board shall--
``(1) make its reports, including its reports to
Congress, available to the public to the greatest
extent that is consistent with the protection of
classified information and applicable law; and
``(2) hold public hearings and otherwise inform the
public of its activities, as appropriate and in a
manner consistent with the protection of classified
information and applicable law.
``(g) Access to Information.--
``(1) Authorization.--If determined by the Board to
be necessary to carry out its responsibilities under
this section, the Board is authorized to--
``(A) have access from any department,
agency, or element of the executive branch, or
any Federal officer or employee of any such
department, agency, or element, to all relevant
records, reports, audits, reviews, documents,
papers, recommendations, or other relevant
material, including classified information
consistent with applicable law;
``(B) interview, take statements from, or
take public testimony from personnel of any
department, agency, or element of the executive
branch, or any Federal officer or employee of
any such department, agency, or element;
``(C) request information or assistance
from any State, tribal, or local government;
and
``(D) at the direction of a majority of the
members of the Board, submit a written request
to the Attorney General of the United States
that the Attorney General require, by subpoena,
persons (other than departments, agencies, and
elements of the executive branch) to produce
any relevant information, documents, reports,
answers, records, accounts, papers, and other
documentary or testimonial evidence.
``(2) Review of subpoena request.--
``(A) In general.--Not later than 30 days
after the date of receipt of a request by the
Board under paragraph (1)(D), the Attorney
General shall--
``(i) issue the subpoena as
requested; or
``(ii) provide the Board, in
writing, with an explanation of the
grounds on which the subpoena request
has been modified or denied.
``(B) Notification.--If a subpoena request
is modified or denied under subparagraph
(A)(ii), the Attorney General shall, not later
than 30 days after the date of that
modification or denial, notify the Committee on
the Judiciary of the Senate and the Committee
on the Judiciary of the House of
Representatives.
``(3) Enforcement of subpoena.--In the case of
contumacy or failure to obey a subpoena issued pursuant
to paragraph (1)(D), the United States district court
for the judicial district in which the subpoenaed
person resides, is served, or may be found may issue an
order requiring such person to produce the evidence
required by such subpoena.
``(4) Agency cooperation.--Whenever information or
assistance requested under subparagraph (A) or (B) of
paragraph (1) is, in the judgment of the Board,
unreasonably refused or not provided, the Board shall
report the circumstances to the head of the department,
agency, or element concerned without delay. The head of
the department, agency, or element concerned shall
ensure that the Board is given access to the
information, assistance, material, or personnel the
Board determines to be necessary to carry out its
functions.
``(h) Membership.--
``(1) Members.--The Board shall be composed of a
full-time chairman and 4 additional members, who shall
be appointed by the President, by and with the advice
and consent of the Senate.
``(2) Qualifications.--Members of the Board shall
be selected solely on the basis of their professional
qualifications, achievements, public stature, expertise
in civil liberties and privacy, and relevant
experience, and without regard to political
affiliation, but in no event shall more than 3 members
of the Board be members of the same political party.
The President shall, before appointing an individual
who is not a member of the same political party as the
President, consult with the leadership of that party,
if any, in the Senate and House of Representatives.
``(3) Incompatible office.--An individual appointed
to the Board may not, while serving on the Board, be an
elected official, officer, or employee of the Federal
Government, other than in the capacity as a member of
the Board.
``(4) Term.--Each member of the Board shall serve a
term of 6 years, except that--
``(A) a member appointed to a term of
office after the commencement of such term may
serve under such appointment only for the
remainder of such term; and
``(B) upon the expiration of the term of
office of a member, the member shall continue
to serve until the member's successor has been
appointed and qualified, except that no member
may serve under this subparagraph--
``(i) for more than 60 days when
Congress is in session unless a
nomination to fill the vacancy shall
have been submitted to the Senate; or
``(ii) after the adjournment sine
die of the session of the Senate in
which such nomination is submitted.
``(5) Quorum and meetings.--The Board shall meet
upon the call of the chairman or a majority of its
members. Three members of the Board shall constitute a
quorum.
``(i) Compensation and Travel Expenses.--
``(1) Compensation.--
``(A) Chairman.--The chairman of the Board
shall be compensated at the rate of pay payable
for a position at level III of the Executive
Schedule under section 5314 of title 5, United
States Code.
``(B) Members.--Each member of the Board
shall be compensated at a rate of pay payable
for a position at level IV of the Executive
Schedule under section 5315 of title 5, United
States Code, for each day during which that
member is engaged in the actual performance of
the duties of the Board.
``(2) Travel expenses.--Members of the Board shall
be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for persons
employed intermittently by the Government under section
5703(b) of title 5, United States Code, while away from
their homes or regular places of business in the
performance of services for the Board.
``(j) Staff.--
``(1) Appointment and compensation.--The chairman
of the Board, in accordance with rules agreed upon by
the Board, shall appoint and fix the compensation of a
full-time executive director and such other personnel
as may be necessary to enable the Board to carry out
its functions, without regard to the provisions of
title 5, United States Code, governing appointments in
the competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed
under this subsection may exceed the equivalent of that
payable for a position at level V of the Executive
Schedule under section 5316 of title 5, United States
Code.
``(2) Detailees.--Any Federal employee may be
detailed to the Board without reimbursement from the
Board, and such detailee shall retain the rights,
status, and privileges of the detailee's regular
employment without interruption.
``(3) Consultant services.--The Board may procure
the temporary or intermittent services of experts and
consultants in accordance with section 3109 of title 5,
United States Code, at rates that do not exceed the
daily rate paid a person occupying a position at level
IV of the Executive Schedule under section 5315 of such
title.
``(k) Security Clearances.--
``(1) In general.--The appropriate departments,
agencies, and elements of the executive branch shall
cooperate with the Board to expeditiously provide the
Board members and staff with appropriate security
clearances to the extent possible under existing
procedures and requirements.
``(2) Rules and procedures.--After consultation
with the Secretary of Defense, the Attorney General,
and the Director of National Intelligence, the Board
shall adopt rules and procedures of the Board for
physical, communications, computer, document,
personnel, and other security relating to carrying out
the functions of the Board.
``(l) Treatment as Agency, Not as Advisory Committee.--The
Board--
``(1) is an agency (as defined in section 551(1) of
title 5, United States Code); and
``(2) is not an advisory committee (as defined in
section 3(2) of the Federal Advisory Committee Act (5
U.S.C. App.)).
``(m) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section amounts
as follows:
``(1) For fiscal year 2008, $5,000,000.
``(2) For fiscal year 2009, $6,650,000.
``(3) For fiscal year 2010, $8,300,000.
``(4) For fiscal year 2011, $10,000,000.
``(5) For fiscal year 2012 and each subsequent
fiscal year, such sums as may be necessary.''.
(b) Security Rules and Procedures.--The Privacy and Civil
Liberties Oversight Board shall promptly adopt the security
rules and procedures required under section 1061(k)(2) of the
National Security Intelligence Reform Act of 2004 (as added by
subsection (a) of this section).
(c) Transition Provisions.--
(1) Treatment of incumbent members of the privacy
and civil liberties oversight board.--
(A) Continuation of service.--Any
individual who is a member of the Privacy and
Civil Liberties Oversight Board on the date of
enactment of this Act may continue to serve on
the Board until 180 days after the date of
enactment of this Act.
(B) Termination of terms.--The term of any
individual who is a member of the Privacy and
Civil Liberties Oversight Board on the date of
enactment of this Act shall terminate 180 days
after the date of enactment of this Act.
(2) Appointments.--
(A) In general.--The President and the
Senate shall take such actions as necessary for
the President, by and with the advice and
consent of the Senate, to appoint members to
the Privacy and Civil Liberties Oversight Board
as constituted under the amendments made by
subsection (a) in a timely manner to provide
for the continuing operation of the Board and
orderly implementation of this section.
(B) Designations.--In making the
appointments described under subparagraph (A)
of the first members of the Privacy and Civil
Liberties Oversight Board as constituted under
the amendments made by subsection (a), the
President shall provide for the members to
serve terms of 2, 3, 4, 5, and 6 years
beginning on the effective date described under
subsection (d)(1), with the term of each such
member to be designated by the President.
(d) Effective Date.--
(1) In general.--The amendments made by subsection
(a) and subsection (b) shall take effect 180 days after
the date of enactment of this Act.
(2) Transition provisions.--Subsection (c) shall
take effect on the date of enactment of this Act.
SEC. 802. DEPARTMENT PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142) is amended--
(1) by inserting ``(a) Appointment and
Responsibilities.--'' before ``The Secretary''; and
(2) by adding at the end the following:
``(b) Authority To Investigate.--
``(1) In general.--The senior official appointed
under subsection (a) may--
``(A) have access to all records, reports,
audits, reviews, documents, papers,
recommendations, and other materials available
to the Department that relate to programs and
operations with respect to the responsibilities
of the senior official under this section;
``(B) make such investigations and reports
relating to the administration of the programs
and operations of the Department as are, in the
senior official's judgment, necessary or
desirable;
``(C) subject to the approval of the
Secretary, require by subpoena the production,
by any person other than a Federal agency, of
all information, documents, reports, answers,
records, accounts, papers, and other data and
documentary evidence necessary to performance
of the responsibilities of the senior official
under this section; and
``(D) administer to or take from any person
an oath, affirmation, or affidavit, whenever
necessary to performance of the
responsibilities of the senior official under
this section.
``(2) Enforcement of subpoenas.--Any subpoena
issued under paragraph (1)(C) shall, in the case of
contumacy or refusal to obey, be enforceable by order
of any appropriate United States district court.
``(3) Effect of oaths.--Any oath, affirmation, or
affidavit administered or taken under paragraph (1)(D)
by or before an employee of the Privacy Office
designated for that purpose by the senior official
appointed under subsection (a) shall have the same
force and effect as if administered or taken by or
before an officer having a seal of office.
``(c) Supervision and Coordination.--
``(1) In general.--The senior official appointed
under subsection (a) shall--
``(A) report to, and be under the general
supervision of, the Secretary; and
``(B) coordinate activities with the
Inspector General of the Department in order to
avoid duplication of effort.
``(2) Coordination with the inspector general.--
``(A) In general.--Except as provided in
subparagraph (B), the senior official appointed
under subsection (a) may investigate any matter
relating to possible violations or abuse
concerning the administration of any program or
operation of the Department relevant to the
purposes under this section.
``(B) Coordination.--
``(i) Referral.--Before initiating
any investigation described under
subparagraph (A), the senior official
shall refer the matter and all related
complaints, allegations, and
information to the Inspector General of
the Department.
``(ii) Determinations and
notifications by the inspector
general.--
``(I) In general.--Not
later than 30 days after the
receipt of a matter referred
under clause (i), the Inspector
General shall--
``(aa) make a
determination regarding
whether the Inspector
General intends to
initiate an audit or
investigation of the
matter referred under
clause (i); and
``(bb) notify the
senior official of that
determination.
``(II) Investigation not
initiated.--If the Inspector
General notifies the senior
official under subclause
(I)(bb) that the Inspector
General intended to initiate an
audit or investigation, but
does not initiate that audit or
investigation within 90 days
after providing that
notification, the Inspector
General shall further notify
the senior official that an
audit or investigation was not
initiated. The further
notification under this
subclause shall be made not
later than 3 days after the end
of that 90-day period.
``(iii) Investigation by senior
official.--The senior official may
investigate a matter referred under
clause (i) if--
``(I) the Inspector General
notifies the senior official
under clause (ii)(I)(bb) that
the Inspector General does not
intend to initiate an audit or
investigation relating to that
matter; or
``(II) the Inspector
General provides a further
notification under clause
(ii)(II) relating to that
matter.
``(iv) Privacy training.--Any
employee of the Office of Inspector
General who audits or investigates any
matter referred under clause (i) shall
be required to receive adequate
training on privacy laws, rules, and
regulations, to be provided by an
entity approved by the Inspector
General in consultation with the senior
official appointed under subsection
(a).
``(d) Notification to Congress on Removal.--If the
Secretary removes the senior official appointed under
subsection (a) or transfers that senior official to another
position or location within the Department, the Secretary
shall--
``(1) promptly submit a written notification of the
removal or transfer to Houses of Congress; and
``(2) include in any such notification the reasons
for the removal or transfer.
``(e) Reports by Senior Official to Congress.--The senior
official appointed under subsection (a) shall--
``(1) submit reports directly to the Congress
regarding performance of the responsibilities of the
senior official under this section, without any prior
comment or amendment by the Secretary, Deputy
Secretary, or any other officer or employee of the
Department or the Office of Management and Budget; and
``(2) inform the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives not
later than--
``(A) 30 days after the Secretary
disapproves the senior official's request for a
subpoena under subsection (b)(1)(C) or the
Secretary substantively modifies the requested
subpoena; or
``(B) 45 days after the senior official's
request for a subpoena under subsection
(b)(1)(C), if that subpoena has not either been
approved or disapproved by the Secretary.''.
SEC. 803. PRIVACY AND CIVIL LIBERTIES OFFICERS.
(a) In General.--Section 1062 of the National Security
Intelligence Reform Act of 2004 (title I of Public Law 108-458;
118 Stat. 3688) is amended to read as follows:
``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.
``(a) Designation and Functions.--The Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary of
the Treasury, the Secretary of Health and Human Services, the
Secretary of Homeland Security, the Director of National
Intelligence, the Director of the Central Intelligence Agency,
and the head of any other department, agency, or element of the
executive branch designated by the Privacy and Civil Liberties
Oversight Board under section 1061 to be appropriate for
coverage under this section shall designate not less than 1
senior officer to serve as the principal advisor to--
``(1) assist the head of such department, agency,
or element and other officials of such department,
agency, or element in appropriately considering privacy
and civil liberties concerns when such officials are
proposing, developing, or implementing laws,
regulations, policies, procedures, or guidelines
related to efforts to protect the Nation against
terrorism;
``(2) periodically investigate and review
department, agency, or element actions, policies,
procedures, guidelines, and related laws and their
implementation to ensure that such department, agency,
or element is adequately considering privacy and civil
liberties in its actions;
``(3) ensure that such department, agency, or
element has adequate procedures to receive,
investigate, respond to, and redress complaints from
individuals who allege such department, agency, or
element has violated their privacy or civil liberties;
and
``(4) in providing advice on proposals to retain or
enhance a particular governmental power the officer
shall consider whether such department, agency, or
element has established--
``(A) that the need for the power is
balanced with the need to protect privacy and
civil liberties;
``(B) that there is adequate supervision of
the use by such department, agency, or element
of the power to ensure protection of privacy
and civil liberties; and
``(C) that there are adequate guidelines
and oversight to properly confine its use.
``(b) Exception to Designation Authority.--
``(1) Privacy officers.--In any department, agency,
or element referred to in subsection (a) or designated
by the Privacy and Civil Liberties Oversight Board,
which has a statutorily created privacy officer, such
officer shall perform the functions specified in
subsection (a) with respect to privacy.
``(2) Civil liberties officers.--In any department,
agency, or element referred to in subsection (a) or
designated by the Board, which has a statutorily
created civil liberties officer, such officer shall
perform the functions specified in subsection (a) with
respect to civil liberties.
``(c) Supervision and Coordination.--Each privacy officer
or civil liberties officer described in subsection (a) or (b)
shall--
``(1) report directly to the head of the
department, agency, or element concerned; and
``(2) coordinate their activities with the
Inspector General of such department, agency, or
element to avoid duplication of effort.
``(d) Agency Cooperation.--The head of each department,
agency, or element shall ensure that each privacy officer and
civil liberties officer--
``(1) has the information, material, and resources
necessary to fulfill the functions of such officer;
``(2) is advised of proposed policy changes;
``(3) is consulted by decision makers; and
``(4) is given access to material and personnel the
officer determines to be necessary to carry out the
functions of such officer.
``(e) Reprisal for Making Complaint.--No action
constituting a reprisal, or threat of reprisal, for making a
complaint or for disclosing information to a privacy officer or
civil liberties officer described in subsection (a) or (b), or
to the Privacy and Civil Liberties Oversight Board, that
indicates a possible violation of privacy protections or civil
liberties in the administration of the programs and operations
of the Federal Government relating to efforts to protect the
Nation from terrorism shall be taken by any Federal employee in
a position to take such action, unless the complaint was made
or the information was disclosed with the knowledge that it was
false or with willful disregard for its truth or falsity.
``(f) Periodic Reports.--
``(1) In general.--The privacy officers and civil
liberties officers of each department, agency, or
element referred to or described in subsection (a) or
(b) shall periodically, but not less than quarterly,
submit a report on the activities of such officers--
``(A)(i) to the appropriate committees of
Congress, including the Committee on the
Judiciary of the Senate, the Committee on the
Judiciary of the House of Representatives, the
Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, the Select Committee on
Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House
of Representatives;
``(ii) to the head of such department,
agency, or element; and
``(iii) to the Privacy and Civil Liberties
Oversight Board; and
``(B) which shall be in unclassified form
to the greatest extent possible, with a
classified annex where necessary.
``(2) Contents.--Each report submitted under
paragraph (1) shall include information on the
discharge of each of the functions of the officer
concerned, including--
``(A) information on the number and types
of reviews undertaken;
``(B) the type of advice provided and the
response given to such advice;
``(C) the number and nature of the
complaints received by the department, agency,
or element concerned for alleged violations;
and
``(D) a summary of the disposition of such
complaints, the reviews and inquiries
conducted, and the impact of the activities of
such officer.
``(g) Informing the Public.--Each privacy officer and civil
liberties officer shall--
``(1) make the reports of such officer, including
reports to Congress, available to the public to the
greatest extent that is consistent with the protection
of classified information and applicable law; and
``(2) otherwise inform the public of the activities
of such officer, as appropriate and in a manner
consistent with the protection of classified
information and applicable law.
``(h) Savings Clause.--Nothing in this section shall be
construed to limit or otherwise supplant any other authorities
or responsibilities provided by law to privacy officers or
civil liberties officers.''.
(b) Clerical Amendment.--The table of contents for the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) is amended by striking the item relating
to section 1062 and inserting the following new item:
``Sec. 1062. Privacy and civil liberties officers.''.
SEC. 804. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.
(a) Short Title.--This section may be cited as the
``Federal Agency Data Mining Reporting Act of 2007''.
(b) Definitions.--In this section:
(1) Data mining.--The term ``data mining'' means a
program involving pattern-based queries, searches, or
other analyses of 1 or more electronic databases,
where--
(A) a department or agency of the Federal
Government, or a non-Federal entity acting on
behalf of the Federal Government, is conducting
the queries, searches, or other analyses to
discover or locate a predictive pattern or
anomaly indicative of terrorist or criminal
activity on the part of any individual or
individuals;
(B) the queries, searches, or other
analyses are not subject-based and do not use
personal identifiers of a specific individual,
or inputs associated with a specific individual
or group of individuals, to retrieve
information from the database or databases; and
(C) the purpose of the queries, searches,
or other analyses is not solely--
(i) the detection of fraud, waste,
or abuse in a Government agency or
program; or
(ii) the security of a Government
computer system.
(2) Database.--The term ``database'' does not
include telephone directories, news reporting,
information publicly available to any member of the
public without payment of a fee, or databases of
judicial and administrative opinions or other legal
research sources.
(c) Reports on Data Mining Activities by Federal
Agencies.--
(1) Requirement for report.--The head of each
department or agency of the Federal Government that is
engaged in any activity to use or develop data mining
shall submit a report to Congress on all such
activities of the department or agency under the
jurisdiction of that official. The report shall be
produced in coordination with the privacy officer of
that department or agency, if applicable, and shall be
made available to the public, except for an annex
described in subparagraph (C).
(2) Content of report.--Each report submitted under
subparagraph (A) shall include, for each activity to
use or develop data mining, the following information:
(A) A thorough description of the data
mining activity, its goals, and, where
appropriate, the target dates for the
deployment of the data mining activity.
(B) A thorough description of the data
mining technology that is being used or will be
used, including the basis for determining
whether a particular pattern or anomaly is
indicative of terrorist or criminal activity.
(C) A thorough description of the data
sources that are being or will be used.
(D) An assessment of the efficacy or likely
efficacy of the data mining activity in
providing accurate information consistent with
and valuable to the stated goals and plans for
the use or development of the data mining
activity.
(E) An assessment of the impact or likely
impact of the implementation of the data mining
activity on the privacy and civil liberties of
individuals, including a thorough description
of the actions that are being taken or will be
taken with regard to the property, privacy, or
other rights or privileges of any individual or
individuals as a result of the implementation
of the data mining activity.
(F) A list and analysis of the laws and
regulations that govern the information being
or to be collected, reviewed, gathered,
analyzed, or used in conjunction with the data
mining activity, to the extent applicable in
the context of the data mining activity.
(G) A thorough discussion of the policies,
procedures, and guidelines that are in place or
that are to be developed and applied in the use
of such data mining activity in order to--
(i) protect the privacy and due
process rights of individuals, such as
redress procedures; and
(ii) ensure that only accurate and
complete information is collected,
reviewed, gathered, analyzed, or used,
and guard against any harmful
consequences of potential inaccuracies.
(3) Annex.--
(A) In general.--A report under
subparagraph (A) shall include in an annex any
necessary--
(i) classified information;
(ii) law enforcement sensitive
information;
(iii) proprietary business
information; or
(iv) trade secrets (as that term is
defined in section 1839 of title 18,
United States Code).
(B) Availability.--Any annex described in
clause (i)--
(i) shall be available, as
appropriate, and consistent with the
National Security Act of 1947 (50
U.S.C. 401 et seq.), to the Committee
on Homeland Security and Governmental
Affairs, the Committee on the
Judiciary, the Select Committee on
Intelligence, the Committee on
Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of
the Senate and the Committee on
Homeland Security, the Committee on the
Judiciary, the Permanent Select
Committee on Intelligence, the
Committee on Appropriations, and the
Committee on Financial Services of the
House of Representatives; and
(ii) shall not be made available to
the public.
(4) Time for report.--Each report required under
subparagraph (A) shall be--
(A) submitted not later than 180 days after
the date of enactment of this Act; and
(B) updated not less frequently than
annually thereafter, to include any activity to
use or develop data mining engaged in after the
date of the prior report submitted under
subparagraph (A).
TITLE IX--PRIVATE SECTOR PREPAREDNESS
SEC. 901. PRIVATE SECTOR PREPAREDNESS.
(a) In General.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.), as amended by section 409, is
further amended by adding at the end the following:
``SEC. 523. GUIDANCE AND RECOMMENDATIONS.
``(a) In General.--Consistent with their responsibilities
and authorities under law, as of the day before the date of the
enactment of this section, the Administrator and the Assistant
Secretary for Infrastructure Protection, in consultation with
the private sector, may develop guidance or recommendations and
identify best practices to assist or foster action by the
private sector in--
``(1) identifying potential hazards and assessing
risks and impacts;
``(2) mitigating the impact of a wide variety of
hazards, including weapons of mass destruction;
``(3) managing necessary emergency preparedness and
response resources;
``(4) developing mutual aid agreements;
``(5) developing and maintaining emergency
preparedness and response plans, and associated
operational procedures;
``(6) developing and conducting training and
exercises to support and evaluate emergency
preparedness and response plans and operational
procedures;
``(7) developing and conducting training programs
for security guards to implement emergency preparedness
and response plans and operations procedures; and
``(8) developing procedures to respond to requests
for information from the media or the public.
``(b) Issuance and Promotion.--Any guidance or
recommendations developed or best practices identified under
subsection (a) shall be--
``(1) issued through the Administrator; and
``(2) promoted by the Secretary to the private
sector.
``(c) Small Business Concerns.--In developing guidance or
recommendations or identifying best practices under subsection
(a), the Administrator and the Assistant Secretary for
Infrastructure Protection shall take into consideration small
business concerns (under the meaning given that term in section
3 of the Small Business Act (15 U.S.C. 632)), including any
need for separate guidance or recommendations or best
practices, as necessary and appropriate.
``(d) Rule of Construction.--Nothing in this section may be
construed to supersede any requirement established under any
other provision of law.
``SEC. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND
CERTIFICATION PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary, acting through
the officer designated under paragraph (2), shall
establish and implement the voluntary private sector
preparedness accreditation and certification program in
accordance with this section.
``(2) Designation of officer.--The Secretary shall
designate an officer responsible for the accreditation
and certification program under this section. Such
officer (hereinafter referred to in this section as the
`designated officer') shall be one of the following:
``(A) The Administrator, based on
consideration of--
``(i) the expertise of the
Administrator in emergency management
and preparedness in the United States;
and
``(ii) the responsibilities of the
Administrator as the principal advisor
to the President for all matters
relating to emergency management in the
United States.
``(B) The Assistant Secretary for
Infrastructure Protection, based on
consideration of the expertise of the Assistant
Secretary in, and responsibilities for--
``(i) protection of critical
infrastructure;
``(ii) risk assessment
methodologies; and
``(iii) interacting with the
private sector on the issues described
in clauses (i) and (ii).
``(C) The Under Secretary for Science and
Technology, based on consideration of the
expertise of the Under Secretary in, and
responsibilities associated with, standards.
``(3) Coordination.--In carrying out the
accreditation and certification program under this
section, the designated officer shall coordinate with--
``(A) the other officers of the Department
referred to in paragraph (2), using the
expertise and responsibilities of such
officers; and
``(B) the Special Assistant to the
Secretary for the Private Sector, based on
consideration of the expertise of the Special
Assistant in, and responsibilities for,
interacting with the private sector.
``(b) Voluntary Private Sector Preparedness Standards;
Voluntary Accreditation and Certification Program for the
Private Sector.--
``(1) Accreditation and certification program.--Not
later than 210 days after the date of enactment of the
Implementing Recommendations of the 9/11 Commission Act
of 2007, the designated officer shall--
``(A) begin supporting the development and
updating, as necessary, of voluntary
preparedness standards through appropriate
organizations that coordinate or facilitate the
development and use of voluntary consensus
standards and voluntary consensus standards
development organizations; and
``(B) in consultation with representatives
of appropriate organizations that coordinate or
facilitate the development and use of voluntary
consensus standards, appropriate voluntary
consensus standards development organizations,
each private sector advisory council created
under section 102(f)(4), appropriate
representatives of State and local governments,
including emergency management officials, and
appropriate private sector advisory groups,
such as sector coordinating councils and
information sharing and analysis centers--
``(i) develop and promote a program
to certify the preparedness of private
sector entities that voluntarily choose
to seek certification under the
program; and
``(ii) implement the program under
this subsection through any entity with
which the designated officer enters
into an agreement under paragraph
(3)(A), which shall accredit third
parties to carry out the certification
process under this section.
``(2) Program elements.--
``(A) In general.--
``(i) Program.--The program
developed and implemented under this
subsection shall assess whether a
private sector entity complies with
voluntary preparedness standards.
``(ii) Guidelines.--In developing
the program under this subsection, the
designated officer shall develop
guidelines for the accreditation and
certification processes established
under this subsection.
``(B) Standards.--The designated officer,
in consultation with representatives of
appropriate organizations that coordinate or
facilitate the development and use of voluntary
consensus standards, representatives of
appropriate voluntary consensus standards
development organizations, each private sector
advisory council created under section
102(f)(4), appropriate representatives of State
and local governments, including emergency
management officials, and appropriate private
sector advisory groups such as sector
coordinating councils and information sharing
and analysis centers--
``(i) shall adopt one or more
appropriate voluntary preparedness
standards that promote preparedness,
which may be tailored to address the
unique nature of various sectors within
the private sector, as necessary and
appropriate, that shall be used in the
accreditation and certification program
under this subsection; and
``(ii) after the adoption of one or
more standards under clause (i), may
adopt additional voluntary preparedness
standards or modify or discontinue the
use of voluntary preparedness standards
for the accreditation and certification
program, as necessary and appropriate
to promote preparedness.
``(C) Submission of recommendations.--In
adopting one or more standards under
subparagraph (B), the designated officer may
receive recommendations from any entity
described in that subparagraph relating to
appropriate voluntary preparedness standards,
including appropriate sector specific
standards, for adoption in the program.
``(D) Small business concerns.--The
designated officer and any entity with which
the designated officer enters into an agreement
under paragraph (3)(A) shall establish separate
classifications and methods of certification
for small business concerns (under the meaning
given that term in section 3 of the Small
Business Act (15 U.S.C. 632)) for the program
under this subsection.
``(E) Considerations.--In developing and
implementing the program under this subsection,
the designated officer shall--
``(i) consider the unique nature of
various sectors within the private
sector, including preparedness
standards, business continuity
standards, or best practices,
established--
``(I) under any other
provision of Federal law; or
``(II) by any sector-
specific agency, as defined
under Homeland Security
Presidential Directive-7; and
``(ii) coordinate the program, as
appropriate, with--
``(I) other Department
private sector related
programs; and
``(II) preparedness and
business continuity programs in
other Federal agencies.
``(3) Accreditation and certification processes.--
``(A) Agreement.--
``(i) In general.--Not later than
210 days after the date of enactment of
the Implementing Recommendations of the
9/11 Commission Act of 2007, the
designated officer shall enter into one
or more agreements with a highly
qualified nongovernmental entity with
experience or expertise in coordinating
and facilitating the development and
use of voluntary consensus standards
and in managing or implementing
accreditation and certification
programs for voluntary consensus
standards, or a similarly qualified
private sector entity, to carry out
accreditations and oversee the
certification process under this
subsection. An entity entering into an
agreement with the designated officer
under this clause (hereinafter referred
to in this section as a `selected
entity') shall not perform
certifications under this subsection.
``(ii) Contents.--A selected entity
shall manage the accreditation process
and oversee the certification process
in accordance with the program
established under this subsection and
accredit qualified third parties to
carry out the certification program
established under this subsection.
``(B) Procedures and requirements for
accreditation and certification.--
``(i) In general.--Any selected
entity shall collaborate to develop
procedures and requirements for the
accreditation and certification
processes under this subsection, in
accordance with the program established
under this subsection and guidelines
developed under paragraph (2)(A)(ii).
``(ii) Contents and use.--The
procedures and requirements developed
under clause (i) shall--
``(I) ensure reasonable
uniformity in any accreditation
and certification processes if
there is more than one selected
entity; and
``(II) be used by any
selected entity in conducting
accreditations and overseeing
the certification process under
this subsection.
``(iii) Disagreement.--Any
disagreement among selected entities in
developing procedures under clause (i)
shall be resolved by the designated
officer.
``(C) Designation.--A selected entity may
accredit any qualified third party to carry out
the certification process under this
subsection.
``(D) Disadvantaged business involvement.--
In accrediting qualified third parties to carry
out the certification process under this
subsection, a selected entity shall ensure, to
the extent practicable, that the third parties
include qualified small, minority, women-owned,
or disadvantaged business concerns when
appropriate. The term `disadvantaged business
concern' means a small business that is owned
and controlled by socially and economically
disadvantaged individuals, as defined in
section 124 of title 13, United States Code of
Federal Regulations.
``(E) Treatment of other certifications.--
At the request of any entity seeking
certification, any selected entity may
consider, as appropriate, other relevant
certifications acquired by the entity seeking
certification. If the selected entity
determines that such other certifications are
sufficient to meet the certification
requirement or aspects of the certification
requirement under this section, the selected
entity may give credit to the entity seeking
certification, as appropriate, to avoid
unnecessarily duplicative certification
requirements.
``(F) Third parties.--To be accredited
under subparagraph (C), a third party shall--
``(i) demonstrate that the third
party has the ability to certify
private sector entities in accordance
with the procedures and requirements
developed under subparagraph (B);
``(ii) agree to perform
certifications in accordance with such
procedures and requirements;
``(iii) agree not to have any
beneficial interest in or any direct or
indirect control over--
``(I) a private sector
entity for which that third
party conducts a certification
under this subsection; or
``(II) any organization
that provides preparedness
consulting services to private
sector entities;
``(iv) agree not to have any other
conflict of interest with respect to
any private sector entity for which
that third party conducts a
certification under this subsection;
``(v) maintain liability insurance
coverage at policy limits in accordance
with the requirements developed under
subparagraph (B); and
``(vi) enter into an agreement with
the selected entity accrediting that
third party to protect any proprietary
information of a private sector entity
obtained under this subsection.
``(G) Monitoring.--
``(i) In general.--The designated
officer and any selected entity shall
regularly monitor and inspect the
operations of any third party
conducting certifications under this
subsection to ensure that the third
party is complying with the procedures
and requirements established under
subparagraph (B) and all other
applicable requirements.
``(ii) Revocation.--If the
designated officer or any selected
entity determines that a third party is
not meeting the procedures or
requirements established under
subparagraph (B), the selected entity
shall--
``(I) revoke the
accreditation of that third
party to conduct certifications
under this subsection; and
``(II) review any
certification conducted by that
third party, as necessary and
appropriate.
``(4) Annual review.--
``(A) In general.--The designated officer,
in consultation with representatives of
appropriate organizations that coordinate or
facilitate the development and use of voluntary
consensus standards, appropriate voluntary
consensus standards development organizations,
appropriate representatives of State and local
governments, including emergency management
officials, and each private sector advisory
council created under section 102(f)(4), shall
annually review the voluntary accreditation and
certification program established under this
subsection to ensure the effectiveness of such
program (including the operations and
management of such program by any selected
entity and the selected entity's inclusion of
qualified disadvantaged business concerns under
paragraph (3)(D)) and make improvements and
adjustments to the program as necessary and
appropriate.
``(B) Review of standards.--Each review
under subparagraph (A) shall include an
assessment of the voluntary preparedness
standard or standards used in the program under
this subsection.
``(5) Voluntary participation.--Certification under
this subsection shall be voluntary for any private
sector entity.
``(6) Public listing.--The designated officer shall
maintain and make public a listing of any private
sector entity certified as being in compliance with the
program established under this subsection, if that
private sector entity consents to such listing.
``(c) Rule of Construction.--Nothing in this section may be
construed as--
``(1) a requirement to replace any preparedness,
emergency response, or business continuity standards,
requirements, or best practices established--
``(A) under any other provision of federal
law; or
``(B) by any sector-specific agency, as
those agencies are defined under Homeland
Security Presidential Directive-7; or
``(2) exempting any private sector entity seeking
certification or meeting certification requirements
under subsection (b) from compliance with all
applicable statutes, regulations, directives, policies,
and industry codes of practice.''.
(b) Report to Congress.--Not later than 210 days after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House of
Representatives a report detailing--
(1) any action taken to implement section 524(b) of
the Homeland Security Act of 2002, as added by
subsection (a), including a discussion of--
(A) the separate methods of classification
and certification for small business concerns
(under the meaning given that term in section 3
of the Small Business Act (15 U.S.C. 632)) as
compared to other private sector entities; and
(B) whether the separate classifications
and methods of certification for small business
concerns are likely to help to ensure that such
measures are not overly burdensome and are
adequate to meet the voluntary preparedness
standard or standards adopted by the program
under section 524(b) of the Homeland Security
Act of 2002, as added by subsection (a); and
(2) the status, as of the date of that report, of
the implementation of that subsection.
(c) Deadline for Designation of Officer.--The Secretary of
Homeland Security shall designate the officer as described in
section 524 of the Homeland Security Act of 2002, as added by
subsection (a), by not later than 30 days after the date of the
enactment of this Act.
(d) Definition.--Section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101) is amended by adding at the end the
following:
``(18) The term `voluntary preparedness standards'
means a common set of criteria for preparedness,
disaster management, emergency management, and business
continuity programs, such as the American National
Standards Institute's National Fire Protection
Association Standard on Disaster/Emergency Management
and Business Continuity Programs (ANSI/NFPA 1600).''.
(e) Clerical Amendments.--The table of contents in section
1(b) of such Act is further amended by adding at the end the
following:
``Sec. 523. Guidance and recommendations.
``Sec. 524. Voluntary private sector preparedness accreditation and
certification program.''.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section and the amendments made by this section.
SEC. 902. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF THE
DEPARTMENT.
(a) In General.--Section 102(f) of the Homeland Security
Act of 2002 (6 U.S.C. 112(f)) is amended--
(1) by redesignating paragraphs (8) through (10) as
paragraphs (9) through (11), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) providing information to the private sector
regarding voluntary preparedness standards and the
business justification for preparedness and promoting
to the private sector the adoption of voluntary
preparedness standards;''.
(b) Private Sector Advisory Councils.--Section 102(f)(4) of
the Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is
amended--
(1) in subparagraph (A), by striking ``and'' at the
end;
(2) in subparagraph (B), by inserting ``and'' after
the semicolon at the end; and
(3) by adding at the end the following:
``(C) advise the Secretary on private
sector preparedness issues, including effective
methods for--
``(i) promoting voluntary
preparedness standards to the private
sector; and
``(ii) assisting the private sector
in adopting voluntary preparedness
standards;''.
TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY
SEC. 1001. NATIONAL ASSET DATABASE.
(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002, as amended by title V, is further amended
by adding at the end the following new section:
``SEC. 210E. NATIONAL ASSET DATABASE.
``(a) Establishment.--
``(1) National asset database.--The Secretary shall
establish and maintain a national database of each
system or asset that--
``(A) the Secretary, in consultation with
appropriate homeland security officials of the
States, determines to be vital and the loss,
interruption, incapacity, or destruction of
which would have a negative or debilitating
effect on the economic security, public health,
or safety of the United States, any State, or
any local government; or
``(B) the Secretary determines is
appropriate for inclusion in the database.
``(2) Prioritized critical infrastructure list.--In
accordance with Homeland Security Presidential
Directive-7, as in effect on January 1, 2007, the
Secretary shall establish and maintain a single
classified prioritized list of systems and assets
included in the database under paragraph (1) that the
Secretary determines would, if destroyed or disrupted,
cause national or regional catastrophic effects.
``(b) Use of Database.--The Secretary shall use the
database established under subsection (a)(1) in the development
and implementation of Department plans and programs as
appropriate.
``(c) Maintenance of Database.--
``(1) In general.--The Secretary shall maintain and
annually update the database established under
subsection (a)(1) and the list established under
subsection (a)(2), including--
``(A) establishing data collection
guidelines and providing such guidelines to the
appropriate homeland security official of each
State;
``(B) regularly reviewing the guidelines
established under subparagraph (A), including
by consulting with the appropriate homeland
security officials of States, to solicit
feedback about the guidelines, as appropriate;
``(C) after providing the homeland security
official of a State with the guidelines under
subparagraph (A), allowing the official a
reasonable amount of time to submit to the
Secretary any data submissions recommended by
the official for inclusion in the database
established under subsection (a)(1);
``(D) examining the contents and
identifying any submissions made by such an
official that are described incorrectly or that
do not meet the guidelines established under
subparagraph (A); and
``(E) providing to the appropriate homeland
security official of each relevant State a list
of submissions identified under subparagraph
(D) for review and possible correction before
the Secretary finalizes the decision of which
submissions will be included in the database
established under subsection (a)(1).
``(2) Organization of information in database.--The
Secretary shall organize the contents of the database
established under subsection (a)(1) and the list
established under subsection (a)(2) as the Secretary
determines is appropriate. Any organizational structure
of such contents shall include the categorization of
the contents--
``(A) according to the sectors listed in
National Infrastructure Protection Plan
developed pursuant to Homeland Security
Presidential Directive-7; and
``(B) by the State and county of their
location.
``(3) Private sector integration.--The Secretary
shall identify and evaluate methods, including the
Department's Protected Critical Infrastructure
Information Program, to acquire relevant private sector
information for the purpose of using that information
to generate any database or list, including the
database established under subsection (a)(1) and the
list established under subsection (a)(2).
``(4) Retention of classification.--The
classification of information required to be provided
to Congress, the Department, or any other department or
agency under this section by a sector-specific agency,
including the assignment of a level of classification
of such information, shall be binding on Congress, the
Department, and that other Federal agency.
``(d) Reports.--
``(1) Report required.--Not later than 180 days
after the date of the enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, and
annually thereafter, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of
the House of Representatives a report on the database
established under subsection (a)(1) and the list
established under subsection (a)(2).
``(2) Contents of report.--Each such report shall
include the following:
``(A) The name, location, and sector
classification of each of the systems and
assets on the list established under subsection
(a)(2).
``(B) The name, location, and sector
classification of each of the systems and
assets on such list that are determined by the
Secretary to be most at risk to terrorism.
``(C) Any significant challenges in
compiling the list of the systems and assets
included on such list or in the database
established under subsection (a)(1).
``(D) Any significant changes from the
preceding report in the systems and assets
included on such list or in such database.
``(E) If appropriate, the extent to which
such database and such list have been used,
individually or jointly, for allocating funds
by the Federal Government to prevent, reduce,
mitigate, or respond to acts of terrorism.
``(F) The amount of coordination between
the Department and the private sector, through
any entity of the Department that meets with
representatives of private sector industries
for purposes of such coordination, for the
purpose of ensuring the accuracy of such
database and such list.
``(G) Any other information the Secretary
deems relevant.
``(3) Classified information.--The report shall be
submitted in unclassified form but may contain a
classified annex.
``(e) Inspector General Study.--By not later than two years
after the date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Inspector General of
the Department shall conduct a study of the implementation of
this section.
``(f) National Infrastructure Protection Consortium.--The
Secretary may establish a consortium to be known as the
`National Infrastructure Protection Consortium'. The Consortium
may advise the Secretary on the best way to identify, generate,
organize, and maintain any database or list of systems and
assets established by the Secretary, including the database
established under subsection (a)(1) and the list established
under subsection (a)(2). If the Secretary establishes the
National Infrastructure Protection Consortium, the Consortium
may--
``(1) be composed of national laboratories, Federal
agencies, State and local homeland security
organizations, academic institutions, or national
Centers of Excellence that have demonstrated experience
working with and identifying critical infrastructure
and key resources; and
``(2) provide input to the Secretary on any request
pertaining to the contents of such database or such
list.''.
(b) Deadlines for Implementation and Notification of
Congress.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
submit the first report required under section 210E(d) of the
Homeland Security Act of 2002, as added by subsection (a).
(c) Clerical Amendment.--The table of contents in section
1(b) of such Act is further amended by inserting after the item
relating to section 210D the following:
``Sec. 210E. National Asset Database.''.
SEC. 1002. RISK ASSESSMENTS AND REPORT.
(a) Risk Assessments.--Section 201(d) of the Homeland
Security Act of 2002 (6 U.S.C. 121(d)) is further amended by
adding at the end the following new paragraph:
``(25) To prepare and submit to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security in the
House of Representatives, and to other appropriate
congressional committees having jurisdiction over the
critical infrastructure or key resources, for each
sector identified in the National Infrastructure
Protection Plan, a report on the comprehensive
assessments carried out by the Secretary of the
critical infrastructure and key resources of the United
States, evaluating threat, vulnerability, and
consequence, as required under this subsection. Each
such report--
``(A) shall contain, if applicable, actions
or countermeasures recommended or taken by the
Secretary or the head of another Federal agency
to address issues identified in the
assessments;
``(B) shall be required for fiscal year
2007 and each subsequent fiscal year and shall
be submitted not later than 35 days after the
last day of the fiscal year covered by the
report; and
``(C) may be classified.''.
(b) Report on Industry Preparedness.--Not later than 6
months after the last day of fiscal year 2007 and each
subsequent fiscal year, the Secretary of Homeland Security, in
cooperation with the Secretary of Commerce, the Secretary of
Transportation, the Secretary of Defense, and the Secretary of
Energy, shall submit to the Committee on Banking, Housing, and
Urban Affairs and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Financial Services and the Committee on Homeland Security of
the House of Representatives a report that details the actions
taken by the Federal Government to ensure, in accordance with
subsections (a) and (c) of section 101 of the Defense
Production Act of 1950 (50 U.S.C. App. 2071), the preparedness
of industry to reduce interruption of critical infrastructure
and key resource operations during an act of terrorism, natural
catastrophe, or other similar national emergency.
SEC. 1003. SENSE OF CONGRESS REGARDING THE INCLUSION OF LEVEES IN THE
NATIONAL INFRASTRUCTURE PROTECTION PLAN.
It is the sense of Congress that the Secretary should
ensure that levees are included in one of the critical
infrastructure and key resources sectors identified in the
National Infrastructure Protection Plan.
TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION
SEC. 1101. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. et seq.) is amended by adding at the end the
following:
``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
``(a) Establishment.--The Secretary shall establish,
operate, and maintain a National Biosurveillance Integration
Center (referred to in this section as the `NBIC'), which shall
be headed by a Directing Officer, under an office or
directorate of the Department that is in existence as of the
date of the enactment of this section.
``(b) Primary Mission.--The primary mission of the NBIC is
to--
``(1) enhance the capability of the Federal
Government to--
``(A) rapidly identify, characterize,
localize, and track a biological event of
national concern by integrating and analyzing
data relating to human health, animal, plant,
food, and environmental monitoring systems
(both national and international); and
``(B) disseminate alerts and other
information to Member Agencies and, in
coordination with (and where possible through)
Member Agencies, to agencies of State, local,
and tribal governments, as appropriate, to
enhance the ability of such agencies to respond
to a biological event of national concern; and
``(2) oversee development and operation of the
National Biosurveillance Integration System.
``(c) Requirements.--The NBIC shall detect, as early as
possible, a biological event of national concern that presents
a risk to the United States or the infrastructure or key assets
of the United States, including by--
``(1) consolidating data from all relevant
surveillance systems maintained by Member Agencies to
detect biological events of national concern across
human, animal, and plant species;
``(2) seeking private sources of surveillance, both
foreign and domestic, when such sources would enhance
coverage of critical surveillance gaps;
``(3) using an information technology system that
uses the best available statistical and other
analytical tools to identify and characterize
biological events of national concern in as close to
real-time as is practicable;
``(4) providing the infrastructure for such
integration, including information technology systems
and space, and support for personnel from Member
Agencies with sufficient expertise to enable analysis
and interpretation of data;
``(5) working with Member Agencies to create
information technology systems that use the minimum
amount of patient data necessary and consider patient
confidentiality and privacy issues at all stages of
development and apprise the Privacy Officer of such
efforts; and
``(6) alerting Member Agencies and, in coordination
with (and where possible through) Member Agencies,
public health agencies of State, local, and tribal
governments regarding any incident that could develop
into a biological event of national concern.
``(d) Responsibilities of the Directing Officer of the
NBIC.--
``(1) In general.--The Directing Officer of the
NBIC shall--
``(A) on an ongoing basis, monitor the
availability and appropriateness of
surveillance systems used by the NBIC and those
systems that could enhance biological
situational awareness or the overall
performance of the NBIC;
``(B) on an ongoing basis, review and seek
to improve the statistical and other analytical
methods used by the NBIC;
``(C) receive and consider other relevant
homeland security information, as appropriate;
and
``(D) provide technical assistance, as
appropriate, to all Federal, regional, State,
local, and tribal government entities and
private sector entities that contribute data
relevant to the operation of the NBIC.
``(2) Assessments.--The Directing Officer of the
NBIC shall--
``(A) on an ongoing basis, evaluate
available data for evidence of a biological
event of national concern; and
``(B) integrate homeland security
information with NBIC data to provide overall
situational awareness and determine whether a
biological event of national concern has
occurred.
``(3) Information sharing.--
``(A) In general.--The Directing Officer of
the NBIC shall--
``(i) establish a method of real-
time communication with the National
Operations Center;
``(ii) in the event that a
biological event of national concern is
detected, notify the Secretary and
disseminate results of NBIC assessments
relating to that biological event of
national concern to appropriate Federal
response entities and, in coordination
with relevant Member Agencies,
regional, State, local, and tribal
governmental response entities in a
timely manner;
``(iii) provide any report on NBIC
assessments to Member Agencies and, in
coordination with relevant Member
Agencies, any affected regional, State,
local, or tribal government, and any
private sector entity considered
appropriate that may enhance the
mission of such Member Agencies,
governments, or entities or the ability
of the Nation to respond to biological
events of national concern; and
``(iv) share NBIC incident or
situational awareness reports, and
other relevant information, consistent
with the information sharing
environment established under section
1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6
U.S.C. 485) and any policies,
guidelines, procedures, instructions,
or standards established under that
section.
``(B) Consultation.--The Directing Officer
of the NBIC shall implement the activities
described in subparagraph (A) consistent with
the policies, guidelines, procedures,
instructions, or standards established under
section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485)
and in consultation with the Director of
National Intelligence, the Under Secretary for
Intelligence and Analysis, and other offices or
agencies of the Federal Government, as
appropriate.
``(e) Responsibilities of the NBIC Member Agencies.--
``(1) In general.--Each Member Agency shall--
``(A) use its best efforts to integrate
biosurveillance information into the NBIC, with
the goal of promoting information sharing
between Federal, State, local, and tribal
governments to detect biological events of
national concern;
``(B) provide timely information to assist
the NBIC in maintaining biological situational
awareness for accurate detection and response
purposes;
``(C) enable the NBIC to receive and use
biosurveillance information from member
agencies to carry out its requirements under
subsection (c);
``(D) connect the biosurveillance data
systems of that Member Agency to the NBIC data
system under mutually agreed protocols that are
consistent with subsection (c)(5);
``(E) participate in the formation of
strategy and policy for the operation of the
NBIC and its information sharing;
``(F) provide personnel to the NBIC under
an interagency personnel agreement and consider
the qualifications of such personnel necessary
to provide human, animal, and environmental
data analysis and interpretation support to the
NBIC; and
``(G) retain responsibility for the
surveillance and intelligence systems of that
department or agency, if applicable.
``(f) Administrative Authorities.--
``(1) Hiring of experts.--The Directing Officer of
the NBIC shall hire individuals with the necessary
expertise to develop and operate the NBIC.
``(2) Detail of personnel.--Upon the request of the
Directing Officer of the NBIC, the head of any Federal
department or agency may detail, on a reimbursable
basis, any of the personnel of that department or
agency to the Department to assist the NBIC in carrying
out this section.
``(g) NBIC Interagency Working Group.--The Directing
Officer of the NBIC shall--
``(1) establish an interagency working group to
facilitate interagency cooperation and to advise the
Directing Officer of the NBIC regarding recommendations
to enhance the biosurveillance capabilities of the
Department; and
``(2) invite Member Agencies to serve on that
working group.
``(h) Relationship to Other Departments and Agencies.--The
authority of the Directing Officer of the NBIC under this
section shall not affect any authority or responsibility of any
other department or agency of the Federal Government with
respect to biosurveillance activities under any program
administered by that department or agency.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.
``(j) Definitions.--In this section:
``(1) The terms `biological agent' and `toxin' have
the meanings given those terms in section 178 of title
18, United States Code.
``(2) The term `biological event of national
concern' means--
``(A) an act of terrorism involving a
biological agent or toxin; or
``(B) a naturally occurring outbreak of an
infectious disease that may result in a
national epidemic.
``(3) The term `homeland security information' has
the meaning given that term in section 892.
``(4) The term `Member Agency' means any Federal
department or agency that, at the discretion of the
head of that department or agency, has entered a
memorandum of understanding regarding participation in
the NBIC.
``(5) The term `Privacy Officer' means the Privacy
Officer appointed under section 222.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to
section 315 the following:
``Sec. 316. National Biosurveillance Integration Center.''.
(c) Deadline for Implementation.--The National
Biosurveillance Integration Center under section 316 of the
Homeland Security Act, as added by subsection (a), shall be
fully operational by not later than September 30, 2008;
(d) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives an interim report on the status of
the operations at the National Biosurviellance Integration
Center that addresses the efforts of the Center to integrate
the surveillance efforts of Federal, State, local, and tribal
governments. When the National Biosurveillance Integration
Center is fully operational, the Secretary shall submit to such
committees a final report on the status of such operations.
SEC. 1102. BIOSURVEILLANCE EFFORTS.
The Comptroller General of the United States shall submit
to Congress a report --
(1) describing the state of Federal, State, local,
and tribal government biosurveillance efforts as of the
date of such report;
(2) describing any duplication of effort at the
Federal, State, local, or tribal government level to
create biosurveillance systems; and
(3) providing the recommendations of the
Comptroller General regarding--
(A) the integration of biosurveillance
systems;
(B) the effective use of biosurveillance
resources; and
(C) the effective use of the expertise of
Federal, State, local, and tribal governments.
SEC. 1103. INTERAGENCY COORDINATION TO ENHANCE DEFENSES AGAINST NUCLEAR
AND RADIOLOGICAL WEAPONS OF MASS DESTRUCTION.
(a) In General.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by inserting after section 1906,
as redesignated by section 104, the following:
``SEC. 1907. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL NUCLEAR
DETECTION ARCHITECTURE.
``(a) Annual Review.--
``(1) In general.--The Secretary, the Attorney
General, the Secretary of State, the Secretary of
Defense, the Secretary of Energy, and the Director of
National Intelligence shall jointly ensure interagency
coordination on the development and implementation of
the global nuclear detection architecture by ensuring
that, not less frequently than once each year--
``(A) each relevant agency, office, or
entity--
``(i) assesses its involvement,
support, and participation in the
development, revision, and
implementation of the global nuclear
detection architecture; and
``(ii) examines and evaluates
components of the global nuclear
detection architecture (including
associated strategies and acquisition
plans) relating to the operations of
that agency, office, or entity, to
determine whether such components
incorporate and address current threat
assessments, scenarios, or intelligence
analyses developed by the Director of
National Intelligence or other agencies
regarding threats relating to nuclear
or radiological weapons of mass
destruction; and
``(B) each agency, office, or entity
deploying or operating any nuclear or
radiological detection technology under the
global nuclear detection architecture--
``(i) evaluates the deployment and
operation of nuclear or radiological
detection technologies under the global
nuclear detection architecture by that
agency, office, or entity;
``(ii) identifies performance
deficiencies and operational or
technical deficiencies in nuclear or
radiological detection technologies
deployed under the global nuclear
detection architecture; and
``(iii) assesses the capacity of
that agency, office, or entity to
implement the responsibilities of that
agency, office, or entity under the
global nuclear detection architecture.
``(2) Technology.--Not less frequently than once
each year, the Secretary shall examine and evaluate the
development, assessment, and acquisition of radiation
detection technologies deployed or implemented in
support of the domestic portion of the global nuclear
detection architecture.
``(b) Annual Report on Joint Interagency Review.--
``(1) In general.--Not later than March 31 of each
year, the Secretary, the Attorney General, the
Secretary of State, the Secretary of Defense, the
Secretary of Energy, and the Director of National
Intelligence, shall jointly submit a report regarding
the implementation of this section and the results of
the reviews required under subsection (a) to--
``(A) the President;
``(B) the Committee on Appropriations, the
Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on
Homeland Security and Governmental Affairs of
the Senate; and
``(C) the Committee on Appropriations, the
Committee on Armed Services, the Permanent
Select Committee on Intelligence, the Committee
on Homeland Security, and the Committee on
Science and Technology of the House of
Representatives.
``(2) Form.--The annual report submitted under
paragraph (1) shall be submitted in unclassified form
to the maximum extent practicable, but may include a
classified annex.
``(c) Definition.--In this section, the term `global
nuclear detection architecture' means the global nuclear
detection architecture developed under section 1902.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note)
is amended by inserting after the item relating to section
1906, as added by section 104, the following:
``Sec. 1907. Joint annual interagency review of global nuclear detection
architecture.''.
SEC. 1104. INTEGRATION OF DETECTION EQUIPMENT AND TECHNOLOGIES.
(a) Responsibility of Secretary.--The Secretary of Homeland
Security shall have responsibility for ensuring that domestic
chemical, biological, radiological, and nuclear detection
equipment and technologies are integrated, as appropriate, with
other border security systems and detection technologies.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall submit a report to
Congress that contains a plan to develop a departmental
technology assessment process to determine and certify the
technology readiness levels of chemical, biological,
radiological, and nuclear detection technologies before the
full deployment of such technologies within the United States.
TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
SEC. 1201. DEFINITIONS.
For purposes of this title, the following terms apply:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
SEC. 1202. TRANSPORTATION SECURITY STRATEGIC PLANNING.
(a) In General.--Section 114(t)(1)(B) of title 49, United
States Code, is amended to read as follows:
``(B) transportation modal security plans
addressing security risks, including threats,
vulnerabilities, and consequences, for
aviation, railroad, ferry, highway, maritime,
pipeline, public transportation, over-the-road
bus, and other transportation infrastructure
assets.''.
(b) Contents of the National Strategy for Transportation
Security.--Section 114(t)(3) of such title is amended--
(1) in subparagraph (B), by inserting ``, based on
risk assessments conducted or received by the Secretary
of Homeland Security (including assessments conducted
under the Implementing Recommendations of the 9/11
Commission Act of 2007'' after ``risk based
priorities'';
(2) in subparagraph (D)--
(A) by striking ``and local'' and inserting
``local, and tribal''; and
(B) by striking ``private sector
cooperation and participation'' and inserting
``cooperation and participation by private
sector entities, including nonprofit employee
labor organizations,'';
(3) in subparagraph (E)--
(A) by striking ``response'' and inserting
``prevention, response,''; and
(B) by inserting ``and threatened and
executed acts of terrorism outside the United
States to the extent such acts affect United
States transportation systems'' before the
period at the end;
(4) in subparagraph (F), by adding at the end the
following: ``Transportation security research and
development projects shall be based, to the extent
practicable, on such prioritization. Nothing in the
preceding sentence shall be construed to require the
termination of any research or development project
initiated by the Secretary of Homeland Security or the
Secretary of Transportation before the date of
enactment of the Implementing Recommendations of the 9/
11 Commission Act of 2007.''; and
(5) by adding at the end the following:
``(G) A 3- and 10-year budget for Federal
transportation security programs that will
achieve the priorities of the National Strategy
for Transportation Security.
``(H) Methods for linking the individual
transportation modal security plans and the
programs contained therein, and a plan for
addressing the security needs of intermodal
transportation.
``(I) Transportation modal security plans
described in paragraph (1)(B), including
operational recovery plans to expedite, to the
maximum extent practicable, the return to
operation of an adversely affected
transportation system following a major
terrorist attack on that system or other
incident. These plans shall be coordinated with
the resumption of trade protocols required
under section 202 of the SAFE Port Act (6
U.S.C. 942) and the National Maritime
Transportation Security Plan required under
section 70103(a) of title 46.''.
(c) Periodic Progress Reports.--Section 114(t)(4) of such
title is amended--
(1) in subparagraph (C)--
(A) in clause (i) by inserting ``,
including the transportation modal security
plans'' before the period at the end; and
(B) by striking clause (ii) and inserting
the following:
``(ii) Content.--Each progress
report submitted under this
subparagraph shall include, at a
minimum, the following:
``(I) Recommendations for
improving and implementing the
National Strategy for
Transportation Security and the
transportation modal and
intermodal security plans that
the Secretary of Homeland
Security, in consultation with
the Secretary of
Transportation, considers
appropriate.
``(II) An accounting of all
grants for transportation
security, including grants and
contracts for research and
development, awarded by the
Secretary of Homeland Security
in the most recent fiscal year
and a description of how such
grants accomplished the goals
of the National Strategy for
Transportation Security.
``(III) An accounting of
all--
``(aa) funds
requested in the
President's budget
submitted pursuant to
section 1105 of title
31 for the most recent
fiscal year for
transportation
security, by mode;
``(bb) personnel
working on
transportation security
by mode, including the
number of contractors;
and
``(cc) information
on the turnover in the
previous year among
senior staff of the
Department of Homeland
Security, including
component agencies,
working on
transportation security
issues. Such
information shall
include the number of
employees who have
permanently left the
office, agency, or area
in which they worked,
and the amount of time
that they worked for
the Department.
``(iii) Written explanation of
transportation security activities not
delineated in the national strategy for
transportation security.--At the end of
each fiscal year, the Secretary of
Homeland Security shall submit to the
appropriate congressional committees a
written explanation of any Federal
transportation security activity that
is inconsistent with the National
Strategy for Transportation Security,
including the amount of funds to be
expended for the activity and the
number of personnel involved.''; and
(2) by striking subparagraph (E) and inserting the
following:
``(E) Appropriate congressional committees
defined.--In this subsection, the term
`appropriate congressional committees' means
the Committee on Transportation and
Infrastructure and the Committee on Homeland
Security of the House of Representatives and
the Committee on Commerce, Science, and
Transportation, the Committee on Homeland
Security and Governmental Affairs, and the
Committee on Banking, Housing, and Urban
Affairs of the Senate.''.
(d) Priority Status.--Section 114(t)(5)(B) of such title is
amended--
(1) in clause (iii), by striking ``and'' at the
end;
(2) by redesignating clause (iv) as clause (v); and
(3) by inserting after clause (iii) the following:
``(iv) the transportation sector
specific plan required under Homeland
Security Presidential Directive 7;
and''.
(e) Coordination and Plan Distribution.--Section 114(t) of
such title is amended by adding at the end the following:
``(6) Coordination.--In carrying out the
responsibilities under this section, the Secretary of
Homeland Security, in coordination with the Secretary
of Transportation, shall consult, as appropriate, with
Federal, State, and local agencies, tribal governments,
private sector entities (including nonprofit employee
labor organizations), institutions of higher learning,
and other entities.
``(7) Plan distribution.--The Secretary of Homeland
Security shall make available and appropriately
publicize an unclassified version of the National
Strategy for Transportation Security, including its
component transportation modal security plans, to
Federal, State, regional, local and tribal authorities,
transportation system owners or operators, private
sector stakeholders, including nonprofit employee labor
organizations representing transportation employees,
institutions of higher learning, and other appropriate
entities.''.
SEC. 1203. TRANSPORTATION SECURITY INFORMATION SHARING.
(a) In General.--Section 114 of title 49, United States
Code, is amended by adding at the end the following:
``(u) Transportation Security Information Sharing Plan.--
``(1) Definitions.--In this subsection:
``(A) Appropriate congressional
committees.--The term `appropriate
congressional committees' has the meaning given
that term in subsection (t).
``(B) Plan.--The term `Plan' means the
Transportation Security Information Sharing
Plan established under paragraph (2).
``(C) Public and private stakeholders.--The
term `public and private stakeholders' means
Federal, State, and local agencies, tribal
governments, and appropriate private entities,
including nonprofit employee labor
organizations representing transportation
employees.
``(D) Secretary.--The term `Secretary'
means the Secretary of Homeland Security.
``(E) Transportation security
information.--The term `transportation security
information' means information relating to the
risks to transportation modes, including
aviation, public transportation, railroad,
ferry, highway, maritime, pipeline, and over-
the-road bus transportation, and may include
specific and general intelligence products, as
appropriate.
``(2) Establishment of plan.--The Secretary of
Homeland Security, in consultation with the program
manager of the information sharing environment
established under section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485), the Secretary of Transportation, and public and
private stakeholders, shall establish a Transportation
Security Information Sharing Plan. In establishing the
Plan, the Secretary shall gather input on the
development of the Plan from private and public
stakeholders and the program manager of the information
sharing environment established under section 1016 of
the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485).
``(3) Purpose of plan.--The Plan shall promote
sharing of transportation security information between
the Department of Homeland Security and public and
private stakeholders.
``(4) Content of plan.--The Plan shall include--
``(A) a description of how intelligence
analysts within the Department of Homeland
Security will coordinate their activities
within the Department and with other Federal,
State, and local agencies, and tribal
governments, including coordination with
existing modal information sharing centers and
the center described in section 1410 of the
Implementing Recommendations of the 9/11
Commission Act of 2007;
``(B) the establishment of a point of
contact, which may be a single point of contact
within the Department of Homeland Security, for
each mode of transportation for the sharing of
transportation security information with public
and private stakeholders, including an
explanation and justification to the
appropriate congressional committees if the
point of contact established pursuant to this
subparagraph differs from the agency within the
Department that has the primary authority, or
has been delegated such authority by the
Secretary, to regulate the security of that
transportation mode;
``(C) a reasonable deadline by which the
Plan will be implemented; and
``(D) a description of resource needs for
fulfilling the Plan.
``(5) Coordination with information sharing.--The
Plan shall be--
``(A) implemented in coordination, as
appropriate, with the program manager for the
information sharing environment established
under section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
485); and
``(B) consistent with the establishment of
the information sharing environment and any
policies, guidelines, procedures, instructions,
or standards established by the President or
the program manager for the implementation and
management of the information sharing
environment.
``(6) Reports to congress.--
``(A) In general.--Not later than 150 days
after the date of enactment of this subsection,
and annually thereafter, the Secretary shall
submit to the appropriate congressional
committees, a report containing the Plan.
``(B) Annual report.--Not later than 1 year
after the date of enactment of this subsection,
the Secretary shall submit to the appropriate
congressional committees a report on updates to
and the implementation of the Plan.
``(7) Survey and report.--
``(A) In general.--The Comptroller General
of the United States shall conduct a biennial
survey of the satisfaction of recipients of
transportation intelligence reports
disseminated under the Plan.
``(B) Information sought.--The survey
conducted under subparagraph (A) shall seek
information about the quality, speed,
regularity, and classification of the
transportation security information products
disseminated by the Department of Homeland
Security to public and private stakeholders.
``(C) Report.--Not later than 1 year after
the date of the enactment of the Implementing
Recommendations of the 9/11 Commission Act of
2007, and every even numbered year thereafter,
the Comptroller General shall submit to the
appropriate congressional committees, a report
on the results of the survey conducted under
subparagraph (A). The Comptroller General shall
also provide a copy of the report to the
Secretary.
``(8) Security clearances.--The Secretary shall, to
the greatest extent practicable, take steps to expedite
the security clearances needed for designated public
and private stakeholders to receive and obtain access
to classified information distributed under this
section, as appropriate.
``(9) Classification of material.--The Secretary,
to the greatest extent practicable, shall provide
designated public and private stakeholders with
transportation security information in an unclassified
format.''.
(b) Congressional Oversight of Security Assurance for
Public and Private Stakeholders.--
(1) In general.--Except as provided in paragraph
(2), the Secretary shall provide a semiannual report to
the Committee on Homeland Security and Governmental
Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Homeland Security and the Committee on Transportation
and Infrastructure of the House of Representatives that
includes--
(A) the number of public and private
stakeholders who were provided with each
report;
(B) a description of the measures the
Secretary has taken, under section 114(u)(7) of
title 49, United States Code, as added by this
section, or otherwise, to ensure proper
treatment and security for any classified
information to be shared with the public and
private stakeholders under the Plan; and
(C) an explanation of the reason for the
denial of transportation security information
to any stakeholder who had previously received
such information.
(2) No report required if no changes in
stakeholders.--The Secretary is not required to provide
a semiannual report under paragraph (1) if no
stakeholders have been added to or removed from the
group of persons with whom transportation security
information is shared under the plan since the end of
the period covered by the last preceding semiannual
report.
SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
(a) In General.--The Secretary is authorized to establish,
operate, and maintain a National Domestic Preparedness
Consortium within the Department.
(b) Members.--Members of the National Domestic Preparedness
Consortium shall consist of--
(1) the Center for Domestic Preparedness;
(2) the National Energetic Materials Research and
Testing Center, New Mexico Institute of Mining and
Technology;
(3) the National Center for Biomedical Research and
Training, Louisiana State University;
(4) the National Emergency Response and Rescue
Training Center, Texas A&M University;
(5) the National Exercise, Test, and Training
Center, Nevada Test Site;
(6) the Transportation Technology Center,
Incorporated, in Pueblo, Colorado; and
(7) the National Disaster Preparedness Training
Center, University of Hawaii.
(c) Duties.--The National Domestic Preparedness Consortium
shall identify, develop, test, and deliver training to State,
local, and tribal emergency response providers, provide on-site
and mobile training at the performance and management and
planning levels, and facilitate the delivery of training by the
training partners of the Department.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary--
(1) for the Center for Domestic Preparedness--
(A) $57,000,000 for fiscal year 2008;
(B) $60,000,000 for fiscal year 2009;
(C) $63,000,000 for fiscal year 2010; and
(D) $66,000,000 for fiscal year 2011; and
(2) for the National Energetic Materials Research
and Testing Center, the National Center for Biomedical
Research and Training, the National Emergency Response
and Rescue Training Center, the National Exercise,
Test, and Training Center, the Transportation
Technology Center, Incorporated, and the National
Disaster Preparedness Training Center each--
(A) $22,000,000 for fiscal year 2008;
(B) $23,000,000 for fiscal year 2009;
(C) $24,000,000 for fiscal year 2010; and
(D) $25,500,000 for fiscal year 2011.
(e) Savings Provision.--From the amounts appropriated
pursuant to this section, the Secretary shall ensure that
future amounts provided to each of the following entities are
not less than the amounts provided to each such entity for
participation in the Consortium in fiscal year 2007:
(1) the Center for Domestic Preparedness;
(2) the National Energetic Materials Research and
Testing Center, New Mexico Institute of Mining and
Technology;
(3) the National Center for Biomedical Research and
Training, Louisiana State University;
(4) the National Emergency Response and Rescue
Training Center, Texas A&M University; and
(5) the National Exercise, Test, and Training
Center, Nevada Test Site.
SEC. 1205. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE.
(a) Establishment.--The Secretary shall establish a
National Transportation Security Center of Excellence to
conduct research and education activities, and to develop or
provide professional security training, including the training
of transportation employees and transportation professionals.
(b) Designation.--The Secretary shall select one of the
institutions identified in subsection (c) as the lead
institution responsible for coordinating the National
Transportation Security Center of Excellence.
(c) Member Institutions.--
(1) Consortium.--The institution of higher
education selected under subsection (b) shall execute
agreements with the other institutions of higher
education identified in this subsection and other
institutions designated by the Secretary to develop a
consortium to assist in accomplishing the goals of the
Center.
(2) Members.--The National Transportation Security
Center of Excellence shall consist of--
(A) Texas Southern University in Houston,
Texas;
(B) the National Transit Institute at
Rutgers, The State University of New Jersey;
(C) Tougaloo College;
(D) the Connecticut Transportation
Institute at the University of Connecticut;
(E) the Homeland Security Management
Institute, Long Island University;
(F) the Mack-Blackwell National Rural
Transportation Study Center at the University
of Arkansas; and
(G) any additional institutions or
facilities designated by the Secretary.
(3) Certain inclusions.--To the extent practicable,
the Secretary shall ensure that an appropriate number
of any additional consortium colleges or universities
designated by the Secretary under this subsection are
Historically Black Colleges and Universities, Hispanic
Serving Institutions, and Indian Tribally Controlled
Colleges and Universities.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $18,000,000 for fiscal year 2008;
(2) $18,000,000 for fiscal year 2009;
(3) $18,000,000 for fiscal year 2010; and
(4) $18,000,000 for fiscal year 2011.
SEC. 1206. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR
SUSPICIOUS BEHAVIOR AND RESPONSE.
(a) Immunity for Reports of Suspected Terrorist Activity or
Suspicious Behavior.--
(1) In general.--Any person who, in good faith and
based on objectively reasonable suspicion, makes, or
causes to be made, a voluntary report of covered
activity to an authorized official shall be immune from
civil liability under Federal, State, and local law for
such report.
(2) False reports.--Paragraph (1) shall not apply
to any report that the person knew to be false or was
made with reckless disregard for the truth at the time
that person made that report.
(b) Immunity for Response.--
(1) In general.--Any authorized official who
observes, or receives a report of, covered activity and
takes reasonable action in good faith to respond to
such activity shall have qualified immunity from civil
liability for such action, consistent with applicable
law in the relevant jurisdiction. An authorized
official as defined by subsection (d)(1)(A) not
entitled to assert the defense of qualified immunity
shall nevertheless be immune from civil liability under
Federal, State, and local law if such authorized
official takes reasonable action, in good faith, to
respond to the reported activity.
(2) Savings clause.--Nothing in this subsection
shall affect the ability of any authorized official to
assert any defense, privilege, or immunity that would
otherwise be available, and this subsection shall not
be construed as affecting any such defense, privilege,
or immunity.
(c) Attorney Fees and Costs.--Any person or authorized
official found to be immune from civil liability under this
section shall be entitled to recover from the plaintiff all
reasonable costs and attorney fees.
(d) Definitions.--In this section:
(1) Authorized official.--The term ``authorized
official'' means--
(A) any employee or agent of a passenger
transportation system or other person with
responsibilities relating to the security of
such systems;
(B) any officer, employee, or agent of the
Department of Homeland Security, the Department
of Transportation, or the Department of Justice
with responsibilities relating to the security
of passenger transportation systems; or
(C) any Federal, State, or local law
enforcement officer.
(2) Covered activity.--The term ``covered
activity'' means any suspicious transaction, activity,
or occurrence that involves, or is directed against, a
passenger transportation system or vehicle or its
passengers indicating that an individual may be
engaging, or preparing to engage, in a violation of law
relating to--
(A) a threat to a passenger transportation
system or passenger safety or security; or
(B) an act of terrorism (as that term is
defined in section 3077 of title 18, United
States Code).
(3) Passenger transportation.--The term ``passenger
transportation'' means--
(A) public transportation, as defined in
section 5302 of title 49, United States Code;
(B) over-the-road bus transportation, as
defined in title XV of this Act, and school bus
transportation;
(C) intercity passenger rail transportation
as defined in section 24102 of title 49, United
States Code;
(D) the transportation of passengers
onboard a passenger vessel as defined in
section 2101 of title 46, United States Code;
(E) other regularly scheduled waterborne
transportation service of passengers by vessel
of at least 20 gross tons; and
(F) air transportation, as defined in
section 40102 of title 49, United States Code,
of passengers.
(4) Passenger transportation system.--The term
``passenger transportation system'' means an entity or
entities organized to provide passenger transportation
using vehicles, including the infrastructure used to
provide such transportation.
(5) Vehicle.--The term ``vehicle'' has the meaning
given to that term in section 1992(16) of title 18,
United States Code.
(e) Effective Date.--This section shall take effect on
October 1, 2006, and shall apply to all activities and claims
occurring on or after such date.
TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS
SEC. 1301. DEFINITIONS.
For purposes of this title, the following terms apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Commerce, Science, and Transportation, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(4) State.--The term ``State'' means any one of the
50 States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, the Virgin Islands, Guam,
American Samoa, and any other territory or possession
of the United States.
(5) Terrorism.--The term ``terrorism'' has the
meaning that term has in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
(6) United states.--The term ``United States''
means the 50 States, the District of Columbia, Puerto
Rico, the Northern Mariana Islands, the Virgin Islands,
Guam, American Samoa, and any other territory or
possession of the United States.
SEC. 1302. ENFORCEMENT AUTHORITY.
(a) In General.--Section 114 of title 49, United States
Code, as amended by section 1203 of this Act, is further
amended by adding at the end the following:
``(v) Enforcement of Regulations and Orders of the
Secretary of Homeland Security.--
``(1) Application of subsection.--
``(A) In general.--This subsection applies
to the enforcement of regulations prescribed,
and orders issued, by the Secretary of Homeland
Security under a provision of chapter 701 of
title 46 and under a provision of this title
other than a provision of chapter 449 (in this
subsection referred to as an `applicable
provision of this title').
``(B) Violations of chapter 449.--The
penalties for violations of regulations
prescribed and orders issued by the Secretary
of Homeland Security under chapter 449 of this
title are provided under chapter 463 of this
title.
``(C) Nonapplication to certain
violations.--
``(i) Paragraphs (2) through (5) do
not apply to violations of regulations
prescribed, and orders issued, by the
Secretary of Homeland Security under a
provision of this title--
``(I) involving the
transportation of personnel or
shipments of materials by
contractors where the
Department of Defense has
assumed control and
responsibility;
``(II) by a member of the
armed forces of the United
States when performing official
duties; or
``(III) by a civilian
employee of the Department of
Defense when performing
official duties.
``(ii) Violations described in
subclause (I), (II), or (III) of clause
(i) shall be subject to penalties as
determined by the Secretary of Defense
or the Secretary's designee.
``(2) Civil penalty.--
``(A) In general.--A person is liable to
the United States Government for a civil
penalty of not more than $10,000 for a
violation of a regulation prescribed, or order
issued, by the Secretary of Homeland Security
under an applicable provision of this title.
``(B) Repeat violations.--A separate
violation occurs under this paragraph for each
day the violation continues.
``(3) Administrative imposition of civil
penalties.--
``(A) In general.--The Secretary of
Homeland Security may impose a civil penalty
for a violation of a regulation prescribed, or
order issued, under an applicable provision of
this title. The Secretary shall give written
notice of the finding of a violation and the
penalty.
``(B) Scope of civil action.--In a civil
action to collect a civil penalty imposed by
the Secretary under this subsection, a court
may not re-examine issues of liability or the
amount of the penalty.
``(C) Jurisdiction.--The district courts of
the United States shall have exclusive
jurisdiction of civil actions to collect a
civil penalty imposed by the Secretary under
this subsection if--
``(i) the amount in controversy is
more than--
``(I) $400,000, if the
violation was committed by a
person other than an individual
or small business concern; or
``(II) $50,000 if the
violation was committed by an
individual or small business
concern;
``(ii) the action is in rem or
another action in rem based on the same
violation has been brought; or
``(iii) another action has been
brought for an injunction based on the
same violation.
``(D) Maximum penalty.--The maximum civil
penalty the Secretary administratively may
impose under this paragraph is--
``(i) $400,000, if the violation
was committed by a person other than an
individual or small business concern;
or
``(ii) $50,000, if the violation
was committed by an individual or small
business concern.
``(E) Notice and opportunity to request
hearing.--Before imposing a penalty under this
section the Secretary shall provide to the
person against whom the penalty is to be
imposed--
``(i) written notice of the
proposed penalty; and
``(ii) the opportunity to request a
hearing on the proposed penalty, if the
Secretary receives the request not
later than 30 days after the date on
which the person receives notice.
``(4) Compromise and setoff.--
``(A) The Secretary may compromise the
amount of a civil penalty imposed under this
subsection.
``(B) The Government may deduct the amount
of a civil penalty imposed or compromised under
this subsection from amounts it owes the person
liable for the penalty.
``(5) Investigations and proceedings.--Chapter 461
shall apply to investigations and proceedings brought
under this subsection to the same extent that it
applies to investigations and proceedings brought with
respect to aviation security duties designated to be
carried out by the Secretary.
``(6) Definitions.--In this subsection:
``(A) Person.--The term `person' does not
include--
``(i) the United States Postal
Service; or
``(ii) the Department of Defense.
``(B) Small business concern.--The term
`small business concern' has the meaning given
that term in section 3 of the Small Business
Act (15 U.S.C. 632).
``(7) Enforcement transparency.--
``(A) In general.--Not later than December
31, 2008, and annually thereafter, the
Secretary shall--
``(i) provide an annual summary to
the public of all enforcement actions
taken by the Secretary under this
subsection; and
``(ii) include in each such summary
the docket number of each enforcement
action, the type of alleged violation,
the penalty or penalties proposed, and
the final assessment amount of each
penalty.
``(B) Electronic availability.--Each
summary under this paragraph shall be made
available to the public by electronic means.
``(C) Relationship to the freedom of
information act and the privacy act.--Nothing
in this subsection shall be construed to
require disclosure of information or records
that are exempt from disclosure under sections
552 or 552a of title 5.
``(D) Enforcement guidance.--Not later than
180 days after the enactment of the
Implementing Recommendations of the 9/11
Commission Act of 2007, the Secretary shall
provide a report to the public describing the
enforcement process established under this
subsection.''.
(b) Conforming Amendment.--Section 46301(a)(4) of title 49,
United States Code, is amended by striking ``or another
requirement under this title administered by the Under
Secretary of Transportation for Security''.
SEC. 1303. AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION AND RESPONSE
TEAMS.
(a) In General.--The Secretary, acting through the
Administrator of the Transportation Security Administration,
may develop Visible Intermodal Prevention and Response
(referred to in this section as ``VIPR'') teams to augment the
security of any mode of transportation at any location within
the United States. In forming a VIPR team, the Secretary--
(1) may use any asset of the Department, including
Federal air marshals, surface transportation security
inspectors, canine detection teams, and advanced
screening technology;
(2) may determine when a VIPR team shall be
deployed, as well as the duration of the deployment;
(3) shall, prior to and during the deployment,
consult with local security and law enforcement
officials in the jurisdiction where the VIPR team is or
will be deployed, to develop and agree upon the
appropriate operational protocols and provide relevant
information about the mission of the VIPR team, as
appropriate; and
(4) shall, prior to and during the deployment,
consult with all transportation entities directly
affected by the deployment of a VIPR team, as
appropriate, including railroad carriers, air carriers,
airport owners, over-the-road bus operators and
terminal owners and operators, motor carriers, public
transportation agencies, owners or operators of
highways, port operators and facility owners, vessel
owners and operators and pipeline operators.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
such sums as necessary for fiscal years 2007 through 2011.
SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS.
(a) In General.--The Secretary, acting through the
Administrator of the Transportation Security Administration, is
authorized to train, employ, and utilize surface transportation
security inspectors.
(b) Mission.--The Secretary shall use surface
transportation security inspectors to assist surface
transportation carriers, operators, owners, entities, and
facilities to enhance their security against terrorist attack
and other security threats and to assist the Secretary in
enforcing applicable surface transportation security
regulations and directives.
(c) Authorities.--Surface transportation security
inspectors employed pursuant to this section shall be
authorized such powers and delegated such responsibilities as
the Secretary determines appropriate, subject to subsection
(e).
(d) Requirements.--The Secretary shall require that surface
transportation security inspectors have relevant transportation
experience and other security and inspection qualifications, as
determined appropriate.
(e) Limitations.--
(1) Inspectors.--Surface transportation inspectors
shall be prohibited from issuing fines to public
transportation agencies, as defined in title XIV, for
violations of the Department's regulations or orders
except through the process described in paragraph (2).
(2) Civil penalties.--The Secretary shall be
prohibited from assessing civil penalties against
public transportation agencies, as defined in title
XIV, for violations of the Department's regulations or
orders, except in accordance with the following:
(A) In the case of a public transportation
agency that is found to be in violation of a
regulation or order issued by the Secretary,
the Secretary shall seek correction of the
violation through a written notice to the
public transportation agency and shall give the
public transportation agency reasonable
opportunity to correct the violation or propose
an alternative means of compliance acceptable
to the Secretary.
(B) If the public transportation agency
does not correct the violation or propose an
alternative means of compliance acceptable to
the Secretary within a reasonable time period
that is specified in the written notice, the
Secretary may take any action authorized in
section 114 of title 49, United States Code, as
amended by this Act.
(3) Limitation on secretary.--The Secretary shall
not initiate civil enforcement actions for violations
of administrative and procedural requirements
pertaining to the application for, and expenditure of,
funds awarded under transportation security grant
programs under this Act.
(f) Number of Inspectors.--The Secretary shall employ up to
a total of--
(1) 100 surface transportation security inspectors
in fiscal year 2007;
(2) 150 surface transportation security inspectors
in fiscal year 2008;
(3) 175 surface transportation security inspectors
in fiscal year 2009; and
(4) 200 surface transportation security inspectors
in fiscal years 2010 and 2011.
(g) Coordination.--The Secretary shall ensure that the
mission of the surface transportation security inspectors is
consistent with any relevant risk assessments required by this
Act or completed by the Department, the modal plans required
under section 114(t) of title 49, United States Code, the
Memorandum of Understanding between the Department and the
Department of Transportation on Roles and Responsibilities,
dated September 28, 2004, and any and all subsequent annexes to
this Memorandum of Understanding, and other relevant documents
setting forth the Department's transportation security
strategy, as appropriate.
(h) Consultation.--The Secretary shall periodically consult
with the surface transportation entities which are or may be
inspected by the surface transportation security inspectors,
including, as appropriate, railroad carriers, over-the-road bus
operators and terminal owners and operators, motor carriers,
public transportation agencies, owners or operators of
highways, and pipeline operators on--
(1) the inspectors' duties, responsibilities,
authorities, and mission; and
(2) strategies to improve transportation security
and to ensure compliance with transportation security
requirements.
(i) Report.--Not later than September 30, 2008, the
Department of Homeland Security Inspector General shall
transmit a report to the appropriate congressional committees
on the performance and effectiveness of surface transportation
security inspectors, whether there is a need for additional
inspectors, and other recommendations.
(j) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section--
(1) $11,400,000 for fiscal year 2007;
(2) $17,100,000 for fiscal year 2008;
(3) $19,950,000 for fiscal year 2009;
(4) $22,800,000 for fiscal year 2010; and
(5) $22,800,000 for fiscal year 2011.
SEC. 1305. SURFACE TRANSPORTATION SECURITY TECHNOLOGY INFORMATION
SHARING.
(a) In General.--
(1) Information sharing.--The Secretary, in
consultation with the Secretary of Transportation,
shall establish a program to provide appropriate
information that the Department has gathered or
developed on the performance, use, and testing of
technologies that may be used to enhance railroad,
public transportation, and surface transportation
security to surface transportation entities, including
railroad carriers, over-the-road bus operators and
terminal owners and operators, motor carriers, public
transportation agencies, owners or operators of
highways, pipeline operators, and State, local, and
tribal governments that provide security assistance to
such entities.
(2) Designation of qualified antiterrorism
technologies.--The Secretary shall include in such
information provided in paragraph (1) whether the
technology is designated as a qualified antiterrorism
technology under the Support Anti-terrorism by
Fostering Effective Technologies Act of 2002 (Public
Law 107-296), as appropriate.
(b) Purpose.--The purpose of the program is to assist
eligible grant recipients under this Act and others, as
appropriate, to purchase and use the best technology and
equipment available to meet the security needs of the Nation's
surface transportation system.
(c) Coordination.--The Secretary shall ensure that the
program established under this section makes use of and is
consistent with other Department technology testing,
information sharing, evaluation, and standards-setting
programs, as appropriate.
SEC. 1306. TSA PERSONNEL LIMITATIONS.
Any statutory limitation on the number of employees in the
Transportation Security Administration does not apply to
employees carrying out this title and titles XII, XIV, and XV.
SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING PROGRAM.
(a) Definitions.--For purposes of this section, the term
``explosives detection canine team'' means a canine and a
canine handler that are trained to detect explosives,
radiological materials, chemical, nuclear or biological
weapons, or other threats as defined by the Secretary.
(b) In General.--
(1) Increased capacity.--Not later than 180 days
after the date of enactment of this Act, the Secretary
of Homeland Security shall--
(A) begin to increase the number of
explosives detection canine teams certified by
the Transportation Security Administration for
the purposes of transportation-related security
by up to 200 canine teams annually by the end
of 2010; and
(B) encourage State, local, and tribal
governments and private owners of high-risk
transportation facilities to strengthen
security through the use of highly trained
explosives detection canine teams.
(2) Explosives detection canine teams.--The
Secretary of Homeland Security shall increase the
number of explosives detection canine teams by--
(A) using the Transportation Security
Administration's National Explosives Detection
Canine Team Training Center, including
expanding and upgrading existing facilities,
procuring and breeding additional canines, and
increasing staffing and oversight commensurate
with the increased training and deployment
capabilities;
(B) partnering with other Federal, State,
or local agencies, nonprofit organizations,
universities, or the private sector to increase
the training capacity for canine detection
teams;
(C) procuring explosives detection canines
trained by nonprofit organizations,
universities, or the private sector provided
they are trained in a manner consistent with
the standards and requirements developed
pursuant to subsection (c) or other criteria
developed by the Secretary; or
(D) a combination of subparagraphs (A),
(B), and (C), as appropriate.
(c) Standards for Explosives Detection Canine Teams.--
(1) In general.--Based on the feasibility in
meeting the ongoing demand for quality explosives
detection canine teams, the Secretary shall establish
criteria, including canine training curricula,
performance standards, and other requirements approved
by the Transportation Security Administration necessary
to ensure that explosives detection canine teams
trained by nonprofit organizations, universities, and
private sector entities are adequately trained and
maintained.
(2) Expansion.--In developing and implementing such
curriculum, performance standards, and other
requirements, the Secretary shall--
(A) coordinate with key stakeholders,
including international, Federal, State, and
local officials, and private sector and
academic entities to develop best practice
guidelines for such a standardized program, as
appropriate;
(B) require that explosives detection
canine teams trained by nonprofit
organizations, universities, or private sector
entities that are used or made available by the
Secretary be trained consistent with specific
training criteria developed by the Secretary;
and
(C) review the status of the private sector
programs on at least an annual basis to ensure
compliance with training curricula, performance
standards, and other requirements.
(d) Deployment.--The Secretary shall--
(1) use the additional explosives detection canine
teams as part of the Department's efforts to strengthen
security across the Nation's transportation network,
and may use the canine teams on a more limited basis to
support other homeland security missions, as determined
appropriate by the Secretary;
(2) make available explosives detection canine
teams to all modes of transportation, for high-risk
areas or to address specific threats, on an as-needed
basis and as otherwise determined appropriate by the
Secretary;
(3) encourage, but not require, any transportation
facility or system to deploy TSA-certified explosives
detection canine teams developed under this section;
and
(4) consider specific needs and training
requirements for explosives detection canine teams to
be deployed across the Nation's transportation network,
including in venues of multiple modes of
transportation, as appropriate.
(e) Canine Procurement.--The Secretary, acting through the
Administrator of the Transportation Security Administration,
shall work to ensure that explosives detection canine teams are
procured as efficiently as possible and at the best price,
while maintaining the needed level of quality, including, if
appropriate, through increased domestic breeding.
(f) Study.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall report to
the appropriate congressional committees on the utilization of
explosives detection canine teams to strengthen security and
the capacity of the national explosive detection canine team
program.
(g) Authorization.--There are authorized to be appropriated
to the Secretary such sums as may be necessary to carry out
this section for fiscal years 2007 through 2011.
SEC. 1308. MARITIME AND SURFACE TRANSPORTATION SECURITY USER FEE STUDY.
(a) In General.--The Secretary of Homeland Security shall
conduct a study of the need for, and feasibility of,
establishing a system of maritime and surface transportation-
related user fees that may be imposed and collected as a
dedicated revenue source, on a temporary or continuing basis,
to provide necessary funding for legitimate improvements to,
and maintenance of, maritime and surface transportation
security, including vessel and facility plans required under
section 70103(c) of title 46, United States Code. In developing
the study, the Secretary shall consult with maritime and
surface transportation carriers, shippers, passengers, facility
owners and operators, and other persons as determined by the
Secretary. Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that contains--
(1) the results of the study;
(2) an assessment of the annual sources of funding
collected through maritime and surface transportation
at ports of entry and a detailed description of the
distribution and use of such funds, including the
amount and percentage of such sources that are
dedicated to improve and maintain security;
(3) an assessment of--
(A) the fees, charges, and standards
imposed on United States ports, port terminal
operators, shippers, carriers, and other
persons who use United States ports of entry
compared with the fees and charges imposed on
Canadian and Mexican ports, Canadian and
Mexican port terminal operators, shippers,
carriers, and other persons who use Canadian or
Mexican ports of entry; and
(B) the impact of such fees, charges, and
standards on the competitiveness of United
States ports, port terminal operators, railroad
carriers, motor carriers, pipelines, other
transportation modes, and shippers;
(4) the private efforts and investments to secure
maritime and surface transportation modes, including
those that are operational and those that are planned;
and
(5) the Secretary's recommendations based upon the
study, and an assessment of the consistency of such
recommendations with the international obligations and
commitments of the United States.
(b) Definitions.--In this section:
(1) Port of entry.--The term ``port of entry''
means any port or other facility through which foreign
goods are permitted to enter the customs territory of a
country under official supervision.
(2) Maritime and surface transportation.--The term
``maritime and surface transportation'' includes ocean
borne and vehicular transportation.
SEC. 1309. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO
CONVICTED FELONS.
(a) In General.--Section 70105 of title 46, United States
Code, is amended--
(1) in subsection (b)(1), by striking ``decides
that the individual poses a security risk under
subsection (c)'' and inserting ``determines under
subsection (c) that the individual poses a security
risk''; and
(2) in subsection (c), by amending paragraph (1) to
read as follows:
``(1) Disqualifications.--
``(A) Permanent disqualifying criminal
offenses.--Except as provided under paragraph
(2), an individual is permanently disqualified
from being issued a biometric transportation
security card under subsection (b) if the
individual has been convicted, or found not
guilty by reason of insanity, in a civilian or
military jurisdiction of any of the following
felonies:
``(i) Espionage or conspiracy to
commit espionage.
``(ii) Sedition or conspiracy to
commit sedition.
``(iii) Treason or conspiracy to
commit treason.
``(iv) A Federal crime of terrorism
(as defined in section 2332b(g) of
title 18), a crime under a comparable
State law, or conspiracy to commit such
crime.
``(v) A crime involving a
transportation security incident.
``(vi) Improper transportation of a
hazardous material in violation of
section 5104(b) of title 49, or a
comparable State law.
``(vii) Unlawful possession, use,
sale, distribution, manufacture,
purchase, receipt, transfer, shipment,
transportation, delivery, import,
export, or storage of, or dealing in,
an explosive or explosive device. In
this clause, an explosive or explosive
device includes--
``(I) an explosive (as
defined in sections 232(5) and
844(j) of title 18);
``(II) explosive materials
(as defined in subsections (c)
through (f) of section 841 of
title 18); and
``(III) a destructive
device (as defined in 921(a)(4)
of title 18 or section 5845(f)
of the Internal Revenue Code of
1986).
``(viii) Murder.
``(ix) Making any threat, or
maliciously conveying false information
knowing the same to be false,
concerning the deliverance, placement,
or detonation of an explosive or other
lethal device in or against a place of
public use, a State or other government
facility, a public transportation
system, or an infrastructure facility.
``(x) A violation of chapter 96 of
title 18, popularly known as the
Racketeer Influenced and Corrupt
Organizations Act, or a comparable
State law, if one of the predicate acts
found by a jury or admitted by the
defendant consists of one of the crimes
listed in this subparagraph.
``(xi) Attempt to commit any of the
crimes listed in clauses (i) through
(iv).
``(xii) Conspiracy or attempt to
commit any of the crimes described in
clauses (v) through (x).
``(B) Interim disqualifying criminal
offenses.--Except as provided under paragraph
(2), an individual is disqualified from being
issued a biometric transportation security card
under subsection (b) if the individual has been
convicted, or found not guilty by reason of
insanity, during the 7-year period ending on
the date on which the individual applies for
such card, or was released from incarceration
during the 5-year period ending on the date on
which the individual applies for such card, of
any of the following felonies:
``(i) Unlawful possession, use,
sale, manufacture, purchase,
distribution, receipt, transfer,
shipment, transportation, delivery,
import, export, or storage of, or
dealing in, a firearm or other weapon.
In this clause, a firearm or other
weapon includes--
``(I) firearms (as defined
in section 921(a)(3) of title
18 or section 5845(a) of the
Internal Revenue Code of 1986);
and
``(II) items contained on
the U.S. Munitions Import List
under section 447.21 of title
27, Code of Federal
Regulations.
``(ii) Extortion.
``(iii) Dishonesty, fraud, or
misrepresentation, including identity
fraud and money laundering if the money
laundering is related to a crime
described in this subparagraph or
subparagraph (A). In this clause,
welfare fraud and passing bad checks do
not constitute dishonesty, fraud, or
misrepresentation.
``(iv) Bribery.
``(v) Smuggling.
``(vi) Immigration violations.
``(vii) Distribution of, possession
with intent to distribute, or
importation of a controlled substance.
``(viii) Arson.
``(ix) Kidnaping or hostage taking.
``(x) Rape or aggravated sexual
abuse.
``(xi) Assault with intent to kill.
``(xii) Robbery.
``(xiii) Conspiracy or attempt to
commit any of the crimes listed in this
subparagraph.
``(xiv) Fraudulent entry into a
seaport in violation of section 1036 of
title 18, or a comparable State law.
``(xv) A violation of the chapter
96 of title 18, popularly known as the
Racketeer Influenced and Corrupt
Organizations Act or a comparable State
law, other than any of the violations
listed in subparagraph (A)(x).
``(C) Under want, warrant, or indictment.--
An applicant who is wanted, or under
indictment, in any civilian or military
jurisdiction for a felony listed in paragraph
(1)(A), is disqualified from being issued a
biometric transportation security card under
subsection (b) until the want or warrant is
released or the indictment is dismissed.
``(D) Other potential disqualifications.--
Except as provided under subparagraphs (A)
through (C), an individual may not be denied a
transportation security card under subsection
(b) unless the Secretary determines that
individual--
``(i) has been convicted within the
preceding 7-year period of a felony or
found not guilty by reason of insanity
of a felony--
``(I) that the Secretary
believes could cause the
individual to be a terrorism
security risk to the United
States; or
``(II) for causing a severe
transportation security
incident;
``(ii) has been released from
incarceration within the preceding 5-
year period for committing a felony
described in clause (i);
``(iii) may be denied admission to
the United States or removed from the
United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et
seq.); or
``(iv) otherwise poses a terrorism
security risk to the United States.
``(E) Modification of listed offenses.--The
Secretary may, by rulemaking, add to or modify
the list of disqualifying crimes described in
paragraph (1)(B).''.
SEC. 1310. ROLES OF THE DEPARTMENT OF HOMELAND SECURITY AND THE
DEPARTMENT OF TRANSPORTATION.
The Secretary of Homeland Security is the principal Federal
official responsible for transportation security. The roles and
responsibilities of the Department of Homeland Security and the
Department of Transportation in carrying out this title and
titles XII, XIV, and XV are the roles and responsibilities of
such Departments pursuant to the Aviation and Transportation
Security Act (Public Law 107-71); the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458); the
National Infrastructure Protection Plan required by Homeland
Security Presidential Directive 7; The Homeland Security Act of
2002; The National Response Plan; Executive Order 13416:
Strengthening Surface Transportation Security, dated December
5, 2006; the Memorandum of Understanding between the Department
and the Department of Transportation on Roles and
Responsibilities, dated September 28, 2004 and any and all
subsequent annexes to this Memorandum of Understanding; and any
other relevant agreements between the two Departments.
TITLE XIV--PUBLIC TRANSPORTATION SECURITY
SEC. 1401. SHORT TITLE.
This title may be cited as the ``National Transit Systems
Security Act of 2007''.
SEC. 1402. DEFINITIONS.
For purposes of this title, the following terms apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Disadvantaged business concerns.--The term
``disadvantaged business concerns'' means small
businesses that are owned and controlled by socially
and economically disadvantaged individuals as defined
in section 124, title 13, Code of Federal Regulations.
(4) Frontline employee.--The term ``frontline
employee'' means an employee of a public transportation
agency who is a transit vehicle driver or operator,
dispatcher, maintenance and maintenance support
employee, station attendant, customer service employee,
security employee, or transit police, or any other
employee who has direct contact with riders on a
regular basis, and any other employee of a public
transportation agency that the Secretary determines
should receive security training under section 1408.
(5) Public transportation agency.--The term
``public transportation agency'' means a publicly owned
operator of public transportation eligible to receive
Federal assistance under chapter 53 of title 49, United
States Code.
(6) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
SEC. 1403. FINDINGS.
Congress finds that--
(1) 182 public transportation systems throughout
the world have been primary targets of terrorist
attacks;
(2) more than 6,000 public transportation agencies
operate in the United States;
(3) people use public transportation vehicles
33,000,000 times each day;
(4) the Federal Transit Administration has invested
$93,800,000,000 since 1992 for construction and
improvements;
(5) the Federal investment in transit security has
been insufficient; and
(6) greater Federal investment in transit security
improvements per passenger boarding is necessary to
better protect the American people, given transit's
vital importance in creating mobility and promoting our
Nation's economy.
SEC. 1404. NATIONAL STRATEGY FOR PUBLIC TRANSPORTATION SECURITY.
(a) National Strategy.--Not later than 9 months after the
date of enactment of this Act and based upon the previous and
ongoing security assessments conducted by the Department and
the Department of Transportation, the Secretary, consistent
with and as required by section 114(t) of title 49, United
States Code, shall develop and implement the modal plan for
public transportation, entitled the ``National Strategy for
Public Transportation Security''.
(b) Purpose.--
(1) Guidelines.--In developing the National
Strategy for Public Transportation Security, the
Secretary shall establish guidelines for public
transportation security that--
(A) minimize security threats to public
transportation systems; and
(B) maximize the abilities of public
transportation systems to mitigate damage
resulting from terrorist attack or other major
incident.
(2) Assessments and consultations.--In developing
the National Strategy for Public Transportation
Security, the Secretary shall--
(A) use established and ongoing public
transportation security assessments as the
basis of the National Strategy for Public
Transportation Security; and
(B) consult with all relevant stakeholders,
including public transportation agencies,
nonprofit labor organizations representing
public transportation employees, emergency
responders, public safety officials, and other
relevant parties.
(c) Contents.--In the National Strategy for Public
Transportation Security, the Secretary shall describe
prioritized goals, objectives, policies, actions, and schedules
to improve the security of public transportation.
(d) Responsibilities.--The Secretary shall include in the
National Strategy for Public Transportation Security a
description of the roles, responsibilities, and authorities of
Federal, State, and local agencies, tribal governments, and
appropriate stakeholders. The plan shall also include--
(1) the identification of, and a plan to address,
gaps and unnecessary overlaps in the roles,
responsibilities, and authorities of Federal agencies;
and
(2) a process for coordinating existing or future
security strategies and plans for public
transportation, including the National Infrastructure
Protection Plan required by Homeland Security
Presidential Directive 7; Executive Order 13416:
Strengthening Surface Transportation Security dated
December 5, 2006; the Memorandum of Understanding
between the Department and the Department of
Transportation on Roles and Responsibilities dated
September 28, 2004; and subsequent annexes and
agreements.
(e) Adequacy of Existing Plans and Strategies.--In
developing the National Strategy for Public Transportation
Security, the Secretary shall use relevant existing risk
assessments and strategies developed by the Department or other
Federal agencies, including those developed or implemented
pursuant to section 114(t) of title 49, United States Code, or
Homeland Security Presidential Directive 7.
(f) Funding.--There is authorized to be appropriated to the
Secretary to carry out this section $2,000,000 for fiscal year
2008.
SEC. 1405. SECURITY ASSESSMENTS AND PLANS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the
date of enactment of this Act, the Administrator of the
Federal Transit Administration of the Department of
Transportation shall submit all public transportation
security assessments and all other relevant information
to the Secretary.
(2) Secretarial review.--Not later than 60 days
after receiving the submission under paragraph (1), the
Secretary shall review and augment the security
assessments received, and conduct additional security
assessments as necessary to ensure that at a minimum,
all high risk public transportation agencies, as
determined by the Secretary, will have a completed
security assessment.
(3) Content.--The Secretary shall ensure that each
completed security assessment includes--
(A) identification of critical assets,
infrastructure, and systems and their
vulnerabilities; and
(B) identification of any other security
weaknesses, including weaknesses in emergency
response planning and employee training.
(b) Bus and Rural Public Transportation Systems.--Not later
than 180 days after the date of enactment of this Act, the
Secretary shall--
(1) conduct security assessments, based on a
representative sample, to determine the specific needs
of--
(A) local bus-only public transportation
systems; and
(B) public transportation systems that
receive funds under section 5311 of title 49,
United States Code; and
(2) make the representative assessments available
for use by similarly situated systems.
(c) Security Plans.--
(1) Requirement for plan.--
(A) High risk agencies.--The Secretary
shall require public transportation agencies
determined by the Secretary to be at high risk
for terrorism to develop a comprehensive
security plan. The Secretary shall provide
technical assistance and guidance to public
transportation agencies in preparing and
implementing security plans under this section.
(B) Other agencies.--Provided that no
public transportation agency that has not been
designated high risk shall be required to
develop a security plan, the Secretary may also
establish a security program for public
transportation agencies not designated high
risk by the Secretary, to assist those public
transportation agencies which request
assistance, including--
(i) guidance to assist such
agencies in conducting security
assessments and preparing and
implementing security plans; and
(ii) a process for the Secretary to
review and approve such assessments and
plans, as appropriate.
(2) Contents of plan.--The Secretary shall ensure
that security plans include, as appropriate--
(A) a prioritized list of all items
included in the public transportation agency's
security assessment that have not yet been
addressed;
(B) a detailed list of any additional
capital and operational improvements identified
by the Department or the public transportation
agency and a certification of the public
transportation agency's technical capacity for
operating and maintaining any security
equipment that may be identified in such list;
(C) specific procedures to be implemented
or used by the public transportation agency in
response to a terrorist attack, including
evacuation and passenger communication plans
and appropriate evacuation and communication
measures for the elderly and individuals with
disabilities;
(D) a coordinated response plan that
establishes procedures for appropriate
interaction with State and local law
enforcement agencies, emergency responders, and
Federal officials in order to coordinate
security measures and plans for response in the
event of a terrorist attack or other major
incident;
(E) a strategy and timeline for conducting
training under section 1408;
(F) plans for providing redundant and other
appropriate backup systems necessary to ensure
the continued operation of critical elements of
the public transportation system in the event
of a terrorist attack or other major incident;
(G) plans for providing service
capabilities throughout the system in the event
of a terrorist attack or other major incident
in the city or region which the public
transportation system serves;
(H) methods to mitigate damage within a
public transportation system in case of an
attack on the system, including a plan for
communication and coordination with emergency
responders; and
(I) other actions or procedures as the
Secretary determines are appropriate to address
the security of the public transportation
system.
(3) Review.--Not later than 6 months after
receiving the plans required under this section, the
Secretary shall--
(A) review each security plan submitted;
(B) require the public transportation
agency to make any amendments needed to ensure
that the plan meets the requirements of this
section; and
(C) approve any security plan that meets
the requirements of this section.
(4) Exemption.--The Secretary shall not require a
public transportation agency to develop a security plan
under paragraph (1) if the agency does not receive a
grant under section 1406.
(5) Waiver.--The Secretary may waive the exemption
provided in paragraph (4) to require a public
transportation agency to develop a security plan under
paragraph (1) in the absence of grant funds under
section 1406 if not less than 3 days after making the
determination the Secretary provides the appropriate
congressional committees and the public transportation
agency written notification detailing the need for the
security plan, the reasons grant funding has not been
made available, and the reason the agency has been
designated high risk.
(d) Consistency With Other Plans.--The Secretary shall
ensure that the security plans developed by public
transportation agencies under this section are consistent with
the security assessments developed by the Department and the
National Strategy for Public Transportation Security developed
under section 1404.
(e) Updates.--Not later than September 30, 2008, and
annually thereafter, the Secretary shall--
(1) update the security assessments referred to in
subsection (a);
(2) update the security improvement priorities
required under subsection (f); and
(3) require public transportation agencies to
update the security plans required under subsection (c)
as appropriate.
(f) Security Improvement Priorities.--
(1) In general.--Beginning in fiscal year 2008 and
each fiscal year thereafter, the Secretary, after
consultation with management and nonprofit employee
labor organizations representing public transportation
employees as appropriate, and with appropriate State
and local officials, shall utilize the information
developed or received in this section to establish
security improvement priorities unique to each
individual public transportation agency that has been
assessed.
(2) Allocations.--The Secretary shall use the
security improvement priorities established in
paragraph (1) as the basis for allocating risk-based
grant funds under section 1406, unless the Secretary
notifies the appropriate congressional committees that
the Secretary has determined an adjustment is necessary
to respond to an urgent threat or other significant
national security factors.
(g) Shared Facilities.--The Secretary shall encourage the
development and implementation of coordinated assessments and
security plans to the extent a public transportation agency
shares facilities (such as tunnels, bridges, stations, or
platforms) with another public transportation agency, a freight
or passenger railroad carrier, or over-the-road bus operator
that are geographically close or otherwise co-located.
(h) Nondisclosure of Information.--
(1) Submission of information to congress.--Nothing
in this section shall be construed as authorizing the
withholding of any information from Congress.
(2) Disclosure of independently furnished
information.--Nothing in this section shall be
construed as affecting any authority or obligation of a
Federal agency to disclose any record or information
that the Federal agency obtains from a public
transportation agency under any other Federal law.
(i) Determination.--In response to a petition by a public
transportation agency or at the discretion of the Secretary,
the Secretary may recognize existing procedures, protocols, and
standards of a public transportation agency that the Secretary
determines meet all or part of the requirements of this section
regarding security assessments or security plans.
SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.
(a) Security Assistance Program.--
(1) In general.--The Secretary shall establish a
program for making grants to eligible public
transportation agencies for security improvements
described in subsection (b).
(2) Eligibility.--A public transportation agency is
eligible for a grant under this section if the
Secretary has performed a security assessment or the
agency has developed a security plan under section
1405. Grant funds shall only be awarded for permissible
uses under subsection (b) to--
(A) address items included in a security
assessment; or
(B) further a security plan.
(b) Uses of Funds.--A recipient of a grant under subsection
(a) shall use the grant funds for one or more of the following:
(1) Capital uses of funds, including--
(A) tunnel protection systems;
(B) perimeter protection systems, including
access control, installation of improved
lighting, fencing, and barricades;
(C) redundant critical operations control
systems;
(D) chemical, biological, radiological, or
explosive detection systems, including the
acquisition of canines used for such detection;
(E) surveillance equipment;
(F) communications equipment, including
mobile service equipment to provide access to
wireless Enhanced 911 (E911) emergency services
in an underground fixed guideway system;
(G) emergency response equipment, including
personal protective equipment;
(H) fire suppression and decontamination
equipment;
(I) global positioning or tracking and
recovery equipment, and other automated-
vehicle-locator-type system equipment;
(J) evacuation improvements;
(K) purchase and placement of bomb-
resistant trash cans throughout public
transportation facilities, including subway
exits, entrances, and tunnels;
(L) capital costs associated with security
awareness, security preparedness, and security
response training, including training under
section 1408 and exercises under section 1407;
(M) security improvements for public
transportation systems, including extensions
thereto, in final design or under construction;
(N) security improvements for stations and
other public transportation infrastructure,
including stations and other public
transportation infrastructure owned by State or
local governments; and
(O) other capital security improvements
determined appropriate by the Secretary.
(2) Operating uses of funds, including--
(A) security training, including training
under section 1408 and training developed by
institutions of higher education and by
nonprofit employee labor organizations, for
public transportation employees, including
frontline employees;
(B) live or simulated exercises under
section 1407;
(C) public awareness campaigns for enhanced
public transportation security;
(D) canine patrols for chemical,
radiological, biological, or explosives
detection;
(E) development of security plans under
section 1405;
(F) overtime reimbursement including
reimbursement of State, local, and tribal
governments, for costs for enhanced security
personnel during significant national and
international public events;
(G) operational costs, including
reimbursement of State, local, and tribal
governments for costs for personnel assigned to
full-time or part-time security or
counterterrorism duties related to public
transportation, provided that this expense
totals no more than 10 percent of the total
grant funds received by a public transportation
agency in any 1 year; and
(H) other operational security costs
determined appropriate by the Secretary,
excluding routine, ongoing personnel costs,
other than those set forth in this section.
(c) Department of Homeland Security Responsibilities.--In
carrying out the responsibilities under subsection (a), the
Secretary shall--
(1) determine the requirements for recipients of
grants under this section, including application
requirements;
(2) pursuant to subsection (a)(2), select the
recipients of grants based solely on risk; and
(3) pursuant to subsection (b), establish the
priorities for which grant funds may be used under this
section.
(d) Distribution of Grants.--Not later than 90 days after
the date of enactment of this Act, the Secretary and the
Secretary of Transportation shall determine the most effective
and efficient way to distribute grant funds to the recipients
of grants determined by the Secretary under subsection (a).
Subject to the determination made by the Secretaries, the
Secretary may transfer funds to the Secretary of Transportation
for the purposes of disbursing funds to the grant recipient.
(e) Subject to Certain Terms and Conditions.--Except as
otherwise specifically provided in this section, a grant
provided under this section shall be subject to the terms and
conditions applicable to a grant made under section 5307 of
title 49, United States Code, as in effect on January 1, 2007,
and such other terms and conditions as are determined necessary
by the Secretary.
(f) Limitation on Uses of Funds.--Grants made under this
section may not be used to make any State or local government
cost-sharing contribution under any other Federal law.
(g) Annual Reports.--Each recipient of a grant under this
section shall report annually to the Secretary on the use of
the grant funds.
(h) Guidelines.--Before distribution of funds to recipients
of grants, the Secretary shall issue guidelines to ensure that,
to the extent that recipients of grants under this section use
contractors or subcontractors, such recipients shall use small,
minority, women-owned, or disadvantaged business concerns as
contractors or subcontractors to the extent practicable.
(i) Coordination With State Homeland Security Plans.--In
establishing security improvement priorities under section 1405
and in awarding grants for capital security improvements and
operational security improvements under subsection (b), the
Secretary shall act consistently with relevant State homeland
security plans.
(j) Multistate Transportation Systems.--In cases in which a
public transportation system operates in more than one State,
the Secretary shall give appropriate consideration to the risks
of the entire system, including those portions of the States
into which the system crosses, in establishing security
improvement priorities under section 1405 and in awarding
grants for capital security improvements and operational
security improvements under subsection (b).
(k) Congressional Notification.--Not later than 3 days
before the award of any grant under this section, the Secretary
shall notify simultaneously, the appropriate congressional
committees of the intent to award such grant.
(l) Return of Misspent Grant Funds.--The Secretary shall
establish a process to require the return of any misspent grant
funds received under this section determined to have been spent
for a purpose other than those specified in the grant award.
(m) Authorization of Appropriations.--
(1) There are authorized to be appropriated to the
Secretary to make grants under this section--
(A) such sums as are necessary for fiscal
year 2007;
(B) $650,000,000 for fiscal year 2008,
except that not more than 50 percent of such
funds may be used for operational costs under
subsection (b)(2);
(C) $750,000,000 for fiscal year 2009,
except that not more than 30 percent of such
funds may be used for operational costs under
subsection (b)(2);
(D) $900,000,000 for fiscal year 2010,
except that not more than 20 percent of such
funds may be used for operational costs under
subsection (b)(2); and
(E) $1,100,000,000 for fiscal year 2011,
except that not more than 10 percent of such
funds may be used for operational costs under
subsection (b)(2).
(2) Period of availability.--Sums appropriated to
carry out this section shall remain available until
expended.
(3) Waiver.--The Secretary may waive the limitation
on operational costs specified in subparagraphs (B)
through (E) of paragraph (1) if the Secretary
determines that such a waiver is required in the
interest of national security, and if the Secretary
provides a written justification to the appropriate
congressional committees prior to any such action.
(4) Effective date.--Funds provided for fiscal year
2007 transit security grants under Public Law 110-28
shall be allocated based on security assessments that
are in existence as of the date of enactment of this
Act.
SEC. 1407. SECURITY EXERCISES.
(a) In General.--The Secretary shall establish a program
for conducting security exercises for public transportation
agencies for the purpose of assessing and improving the
capabilities of entities described in subsection (b) to
prevent, prepare for, mitigate against, respond to, and recover
from acts of terrorism.
(b) Covered Entities.--Entities to be assessed under the
program shall include--
(1) Federal, State, and local agencies and tribal
governments;
(2) public transportation agencies;
(3) governmental and nongovernmental emergency
response providers and law enforcement personnel,
including transit police; and
(4) any other organization or entity that the
Secretary determines appropriate.
(c) Requirements.--The Secretary shall ensure that the
program--
(1) requires, for public transportation agencies
which the Secretary deems appropriate, exercises to be
conducted that are--
(A) scaled and tailored to the needs of
specific public transportation systems, and
include taking into account the needs of the
elderly and individuals with disabilities;
(B) live;
(C) coordinated with appropriate officials;
(D) as realistic as practicable and based
on current risk assessments, including credible
threats, vulnerabilities, and consequences;
(E) inclusive, as appropriate, of frontline
employees and managers; and
(F) consistent with the National Incident
Management System, the National Response Plan,
the National Infrastructure Protection Plan,
the National Preparedness Guidance, the
National Preparedness Goal, and other such
national initiatives;
(2) provides that exercises described in paragraph
(1) will be--
(A) evaluated by the Secretary against
clear and consistent performance measures;
(B) assessed by the Secretary to learn best
practices, which shall be shared with
appropriate Federal, State, local, and tribal
officials, governmental and nongovernmental
emergency response providers, law enforcement
personnel, including railroad and transit
police, and appropriate stakeholders; and
(C) followed by remedial action by covered
entities in response to lessons learned;
(3) involves individuals in neighborhoods around
the infrastructure of a public transportation system;
and
(4) assists State, local, and tribal governments
and public transportation agencies in designing,
implementing, and evaluating exercises that conform to
the requirements of paragraph (2).
(d) National Exercise Program.--The Secretary shall ensure
that the exercise program developed under subsection (a) is a
component of the National Exercise Program established under
section 648 of the Post Katrina Emergency Management Reform Act
(Public Law 109-295; 6 U.S.C. 748).
(e) Ferry System Exemption.--This section does not apply to
any ferry system for which drills are required to be conducted
pursuant to section 70103 of title 46, United States Code.
SEC. 1408. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall develop and issue
detailed interim final regulations, and not later than 1 year
after the date of enactment of this Act, the Secretary shall
develop and issue detailed final regulations, for a public
transportation security training program to prepare public
transportation employees, including frontline employees, for
potential security threats and conditions.
(b) Consultation.--The Secretary shall develop the interim
final and final regulations under subsection (a) in
consultation with--
(1) appropriate law enforcement, fire service,
security, and terrorism experts;
(2) representatives of public transportation
agencies; and
(3) nonprofit employee labor organizations
representing public transportation employees or
emergency response personnel.
(c) Program Elements.--The interim final and final
regulations developed under subsection (a) shall require
security training programs to include, at a minimum, elements
to address the following:
(1) Determination of the seriousness of any
occurrence or threat.
(2) Crew and passenger communication and
coordination.
(3) Appropriate responses to defend oneself,
including using nonlethal defense devices.
(4) Use of personal protective devices and other
protective equipment.
(5) Evacuation procedures for passengers and
employees, including individuals with disabilities and
the elderly.
(6) Training related to behavioral and
psychological understanding of, and responses to,
terrorist incidents, including the ability to cope with
hijacker behavior, and passenger responses.
(7) Live situational training exercises regarding
various threat conditions, including tunnel evacuation
procedures.
(8) Recognition and reporting of dangerous
substances and suspicious packages, persons, and
situations.
(9) Understanding security incident procedures,
including procedures for communicating with
governmental and nongovernmental emergency response
providers and for on scene interaction with such
emergency response providers.
(10) Operation and maintenance of security
equipment and systems.
(11) Other security training activities that the
Secretary deems appropriate.
(d) Required Programs.--
(1) Development and submission to secretary.--Not
later than 90 days after a public transportation agency
meets the requirements under subsection (e), each such
public transportation agency shall develop a security
training program in accordance with the regulations
developed under subsection (a) and submit the program
to the Secretary for approval.
(2) Approval.--Not later than 60 days after
receiving a security training program proposal under
this subsection, the Secretary shall approve the
program or require the public transportation agency
that developed the program to make any revisions to the
program that the Secretary determines necessary for the
program to meet the requirements of the regulations. A
public transportation agency shall respond to the
Secretary's comments within 30 days after receiving
them.
(3) Training.--Not later than 1 year after the
Secretary approves a security training program proposal
in accordance with this subsection, the public
transportation agency that developed the program shall
complete the training of all employees covered under
the program.
(4) Updates of regulations and program revisions.--
The Secretary shall periodically review and update, as
appropriate, the training regulations issued under
subsection (a) to reflect new or changing security
threats. Each public transportation agency shall revise
its training program accordingly and provide additional
training as necessary to its workers within a
reasonable time after the regulations are updated.
(e) Applicability.--A public transportation agency that
receives a grant award under this title shall be required to
develop and implement a security training program pursuant to
this section.
(f) Long-Term Training Requirement.--Any public
transportation agency required to develop a security training
program pursuant to this section shall provide routine and
ongoing training for employees covered under the program,
regardless of whether the public transportation agency receives
subsequent grant awards.
(g) National Training Program.--The Secretary shall ensure
that the training program developed under subsection (a) is a
component of the National Training Program established under
section 648 of the Post Katrina Emergency Management Reform Act
(Public Law 109-295; 6 U.S.C. 748).
(h) Ferry Exemption.--This section shall not apply to any
ferry system for which training is required to be conducted
pursuant to section 70103 of title 46, United States Code.
(i) Report.--Not later than 2 years after the date of
issuance of the final regulation, the Comptroller General shall
review implementation of the training program, including
interviewing a representative sample of public transportation
agencies and employees, and report to the appropriate
congressional committees, on the number of reviews conducted
and the results. The Comptroller General may submit the report
in both classified and redacted formats as necessary.
SEC. 1409. PUBLIC TRANSPORTATION RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary shall carry out a research and development program
through the Homeland Security Advanced Research Projects Agency
in the Science and Technology Directorate and in consultation
with the Transportation Security Administration and with the
Federal Transit Administration, for the purpose of improving
the security of public transportation systems.
(b) Grants and Contracts Authorized.--The Secretary shall
award grants or contracts to public or private entities to
conduct research and demonstrate technologies and methods to
reduce and deter terrorist threats or mitigate damages
resulting from terrorist attacks against public transportation
systems.
(c) Use of Funds.--Grants or contracts awarded under
subsection (a)--
(1) shall be coordinated with activities of the
Homeland Security Advanced Research Projects Agency;
and
(2) may be used to--
(A) research chemical, biological,
radiological, or explosive detection systems
that do not significantly impede passenger
access;
(B) research imaging technologies;
(C) conduct product evaluations and
testing;
(D) improve security and redundancy for
critical communications, electrical power, and
computer and train control systems;
(E) develop technologies for securing
tunnels, transit bridges and aerial structures;
(F) research technologies that mitigate
damages in the event of a cyber attack; and
(G) research other technologies or methods
for reducing or deterring terrorist attacks
against public transportation systems, or
mitigating damage from such attacks.
(d) Privacy and Civil Rights and Civil Liberties Issues.--
(1) Consultation.--In carrying out research and
development projects under this section, the Secretary
shall consult with the Chief Privacy Officer of the
Department and the Officer for Civil Rights and Civil
Liberties of the Department, as appropriate, and in
accordance with section 222 of the Homeland Security
Act of 2002 (6 U.S.C. 142).
(2) Privacy impact assessments.--In accordance with
sections 222 and 705 of the Homeland Security Act of
2002 (6 U.S.C. 142; 345), the Chief Privacy Officer
shall conduct privacy impact assessments and the
Officer for Civil Rights and Civil Liberties shall
conduct reviews, as appropriate, for research and
development initiatives developed under this section.
(e) Reporting Requirement.--Each entity that is awarded a
grant or contract under this section shall report annually to
the Department on the use of grant or contract funds received
under this section to ensure that the awards made are expended
in accordance with the purposes of this title and the
priorities developed by the Secretary.
(f) Coordination.--The Secretary shall ensure that the
research is consistent with the priorities established in the
National Strategy for Public Transportation Security and is
coordinated, to the extent practicable, with other Federal,
State, local, tribal, and private sector public transportation,
railroad, commuter railroad, and over-the-road bus research
initiatives to leverage resources and avoid unnecessary
duplicative efforts.
(g) Return of Misspent Grant or Contract Funds.--If the
Secretary determines that a grantee or contractor used any
portion of the grant or contract funds received under this
section for a purpose other than the allowable uses specified
under subsection (c), the grantee or contractor shall return
any amount so used to the Treasury of the United States.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to make grants under this
section--
(1) such sums as necessary for fiscal year 2007;
(2) $25,000,000 for fiscal year 2008;
(3) $25,000,000 for fiscal year 2009;
(4) $25,000,000 for fiscal year 2010; and
(5) $25,000,000 for fiscal year 2011.
SEC. 1410. INFORMATION SHARING.
(a) Intelligence Sharing.--The Secretary shall ensure that
the Department of Transportation receives appropriate and
timely notification of all credible terrorist threats against
public transportation assets in the United States.
(b) Information Sharing Analysis Center.--
(1) Authorization.--The Secretary shall provide for
the reasonable costs of the Information Sharing and
Analysis Center for Public Transportation (referred to
in this subsection as the ``ISAC'').
(2) Participation.--The Secretary--
(A) shall require public transportation
agencies that the Secretary determines to be at
high risk of terrorist attack to participate in
the ISAC;
(B) shall encourage all other public
transportation agencies to participate in the
ISAC;
(C) shall encourage the participation of
nonprofit employee labor organizations
representing public transportation employees,
as appropriate; and
(D) shall not charge a fee for
participating in the ISAC.
(c) Report.--The Comptroller General shall report, not less
than 3 years after the date of enactment of this Act, to the
appropriate congressional committees, as to the value and
efficacy of the ISAC along with any other public transportation
information-sharing programs ongoing at the Department. The
report shall include an analysis of the user satisfaction of
public transportation agencies on the state of information-
sharing and the value that each system provides the user, the
costs and benefits of all centers and programs, the
coordination among centers and programs, how each center or
program contributes to implementing the information sharing
plan under section 1203, and analysis of the extent to which
the ISAC is duplicative with the Department's information-
sharing program.
(d) Authorization.--
(1) In general.--There are authorized to be
appropriated to the Secretary to carry out this
section--
(A) $600,000 for fiscal year 2008;
(B) $600,000 for fiscal year 2009;
(C) $600,000 for fiscal year 2010; and
(D) such sums as may be necessary for 2011,
provided the report required in subsection (c)
of this section has been submitted to Congress.
(2) Availability of funds.--Such sums shall remain
available until expended.
SEC. 1411. THREAT ASSESSMENTS.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall complete a name-based security
background check against the consolidated terrorist watchlist
and an immigration status check for all public transportation
frontline employees, similar to the threat assessment screening
program required for facility employees and longshoremen by the
Commandant of the Coast Guard under Coast Guard Notice USCG-
2006-24189 (71 Fed. Reg. 25066 (April 8, 2006)).
SEC. 1412. REPORTING REQUIREMENTS.
(a) Annual Report to Congress.--
(1) In general.--Not later than March 31st of each
year, the Secretary shall submit a report, containing
the information described in paragraph (2), to the
appropriate congressional committees.
(2) Contents.--The report submitted under paragraph
(1) shall include--
(A) a description of the implementation of
the provisions of this title;
(B) the amount of funds appropriated to
carry out the provisions of this title that
have not been expended or obligated;
(C) the National Strategy for Public
Transportation Security required under section
1404;
(D) an estimate of the cost to implement
the National Strategy for Public Transportation
Security which shall break out the aggregated
total cost of needed capital and operational
security improvements for fiscal years 2008-
2018; and
(E) the state of public transportation
security in the United States, which shall
include detailing the status of security
assessments, the progress being made around the
country in developing prioritized lists of
security improvements necessary to make public
transportation facilities and passengers more
secure, the progress being made by agencies in
developing security plans and how those plans
differ from the security assessments and a
prioritized list of security improvements being
compiled by other agencies, as well as a random
sample of an equal number of large- and small-
scale projects currently underway.
(3) Format.--The Secretary may submit the report in
both classified and redacted formats if the Secretary
determines that such action is appropriate or
necessary.
(b) Annual Report to Governors.--
(1) In general.--Not later than March 31 of each
year, the Secretary shall submit a report to the
Governor of each State with a public transportation
agency that has received a grant under this Act.
(2) Contents.--The report submitted under paragraph
(1) shall specify--
(A) the amount of grant funds distributed
to each such public transportation agency; and
(B) the use of such grant funds.
SEC. 1413. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIONS.
(a) In General.--A public transportation agency, a
contractor or a subcontractor of such agency, or an officer or
employee of such agency, shall not discharge, demote, suspend,
reprimand, or in any other way discriminate against an employee
if such discrimination is due, in whole or in part, to the
employee's lawful, good faith act done, or perceived by the
employer to have been done or about to be done--
(1) to provide information, directly cause
information to be provided, or otherwise directly
assist in any investigation regarding any conduct which
the employee reasonably believes constitutes a
violation of any Federal law, rule, or regulation
relating to public transportation safety or security,
or fraud, waste, or abuse of Federal grants or other
public funds intended to be used for public
transportation safety or security, if the information
or assistance is provided to or an investigation
stemming from the provided information is conducted
by--
(A) a Federal, State, or local regulatory
or law enforcement agency (including an office
of the Inspector General under the Inspector
General Act of 1978 (5 U.S.C. App.; Public Law
95-452);
(B) any Member of Congress, any Committee
of Congress, or the Government Accountability
Office; or
(C) a person with supervisory authority
over the employee or such other person who has
the authority to investigate, discover, or
terminate the misconduct;
(2) to refuse to violate or assist in the violation
of any Federal law, rule, or regulation relating to
public transportation safety or security;
(3) to file a complaint or directly cause to be
brought a proceeding related to the enforcement of this
section or to testify in that proceeding;
(4) to cooperate with a safety or security
investigation by the Secretary of Transportation, the
Secretary of Homeland Security, or the National
Transportation Safety Board; or
(5) to furnish information to the Secretary of
Transportation, the Secretary of Homeland Security, the
National Transportation Safety Board, or any Federal,
State, or local regulatory or law enforcement agency as
to the facts relating to any accident or incident
resulting in injury or death to an individual or damage
to property occurring in connection with public
transportation.
(b) Hazardous Safety or Security Conditions.--(1) A public
transportation agency, or a contractor or a subcontractor of
such agency, or an officer or employee of such agency, shall
not discharge, demote, suspend, reprimand, or in any other way
discriminate against an employee for--
(A) reporting a hazardous safety or security
condition;
(B) refusing to work when confronted by a hazardous
safety or security condition related to the performance
of the employee's duties, if the conditions described
in paragraph (2) exist; or
(C) refusing to authorize the use of any safety- or
security-related equipment, track, or structures, if
the employee is responsible for the inspection or
repair of the equipment, track, or structures, when the
employee believes that the equipment, track, or
structures are in a hazardous safety or security
condition, if the conditions described in paragraph (2)
of this subsection exist.
(2) A refusal is protected under paragraph (1)(B) and (C)
if--
(A) the refusal is made in good faith and no
reasonable alternative to the refusal is available to
the employee;
(B) a reasonable individual in the circumstances
then confronting the employee would conclude that--
(i) the hazardous condition presents an
imminent danger of death or serious injury; and
(ii) the urgency of the situation does not
allow sufficient time to eliminate the danger
without such refusal; and
(C) the employee, where possible, has notified the public
transportation agency of the existence of the hazardous
condition and the intention not to perform further work, or not
to authorize the use of the hazardous equipment, track, or
structures, unless the condition is corrected immediately or
the equipment, track, or structures are repaired properly or
replaced.
(3) In this subsection, only subsection (b)(1)(A) shall
apply to security personnel, including transit police, employed
or utilized by a public transportation agency to protect
riders, equipment, assets, or facilities.
(c) Enforcement Action.--
(1) Filing and notification.--A person who believes
that he or she has been discharged or otherwise
discriminated against by any person in violation of
subsection (a) or (b) may, not later than 180 days
after the date on which such violation occurs, file (or
have any person file on his or her behalf) a complaint
with the Secretary of Labor alleging such discharge or
discrimination. Upon receipt of a complaint filed under
this paragraph, the Secretary of Labor shall notify, in
writing, the person named in the complaint and the
person's employer of the filing of the complaint, of
the allegations contained in the complaint, of the
substance of evidence supporting the complaint, and of
the opportunities that will be afforded to such person
under paragraph (2).
(2) Investigation; preliminary order.--
(A) In general.--Not later than 60 days
after the date of receipt of a complaint filed
under paragraph (1) and after affording the
person named in the complaint an opportunity to
submit to the Secretary of Labor a written
response to the complaint and an opportunity to
meet with a representative of the Secretary of
Labor to present statements from witnesses, the
Secretary of Labor shall conduct an
investigation and determine whether there is
reasonable cause to believe that the complaint
has merit and notify, in writing, the
complainant and the person alleged to have
committed a violation of subsection (a) or (b)
of the Secretary of Labor's findings. If the
Secretary of Labor concludes that there is a
reasonable cause to believe that a violation of
subsection (a) or (b) has occurred, the
Secretary of Labor shall accompany the
Secretary of Labor's findings with a
preliminary order providing the relief
prescribed by paragraph (3)(B). Not later than
30 days after the date of notification of
findings under this paragraph, either the
person alleged to have committed the violation
or the complainant may file objections to the
findings or preliminary order, or both, and
request a hearing on the record. The filing of
such objections shall not operate to stay any
reinstatement remedy contained in the
preliminary order. Such hearings shall be
conducted expeditiously. If a hearing is not
requested in such 30-day period, the
preliminary order shall be deemed a final order
that is not subject to judicial review.
(B) Requirements.--
(i) Required showing by
complainant.--The Secretary of Labor
shall dismiss a complaint filed under
this subsection and shall not conduct
an investigation otherwise required
under subparagraph (A) unless the
complainant makes a prima facie showing
that any behavior described in
subsection (a) or (b) was a
contributing factor in the unfavorable
personnel action alleged in the
complaint.
(ii) Showing by employer.--
Notwithstanding a finding by the
Secretary of Labor that the complainant
has made the showing required under
clause (i), no investigation otherwise
required under paragraph (A) shall be
conducted if the employer demonstrates,
by clear and convincing evidence, that
the employer would have taken the same
unfavorable personnel action in the
absence of that behavior.
(iii) Criteria for determination by
secretary of labor.--The Secretary of
Labor may determine that a violation of
subsection (a) or (b) has occurred only
if the complainant demonstrates that
any behavior described in subsection
(a) or (b) was a contributing factor in
the unfavorable personnel action
alleged in the complaint.
(iv) Prohibition.--Relief may not
be ordered under paragraph (A) if the
employer demonstrates by clear and
convincing evidence that the employer
would have taken the same unfavorable
personnel action in the absence of that
behavior.
(3) Final order.--
(A) Deadline for issuance; settlement
agreements.--Not later than 120 days after the
date of conclusion of a hearing under paragraph
(2), the Secretary of Labor shall issue a final
order providing the relief prescribed by this
paragraph or denying the complaint. At any time
before issuance of a final order, a proceeding
under this subsection may be terminated on the
basis of a settlement agreement entered into by
the Secretary of Labor, the complainant, and
the person alleged to have committed the
violation.
(B) Remedy.--If, in response to a complaint
filed under paragraph (1), the Secretary of
Labor determines that a violation of subsection
(a) or (b) has occurred, the Secretary of Labor
shall order the person who committed such
violation to--
(i) take affirmative action to
abate the violation; and
(ii) provide the remedies described
in subsection (d).
(C) Order.--If an order is issued under
subparagraph (B), the Secretary of Labor, at
the request of the complainant, shall assess
against the person against whom the order is
issued a sum equal to the aggregate amount of
all costs and expenses (including attorney and
expert witness fees) reasonably incurred, as
determined by the Secretary of Labor, by the
complainant for, or in connection with,
bringing the complaint upon which the order was
issued.
(D) Frivolous complaints.--If the Secretary
of Labor finds that a complaint under paragraph
(1) is frivolous or has been brought in bad
faith, the Secretary of Labor may award to the
prevailing employer reasonable attorney fees
not exceeding $1,000.
(4) Review.--
(A) Appeal to court of appeals.--Any person
adversely affected or aggrieved by an order
issued under paragraph (3) may obtain review of
the order in the United States Court of Appeals
for the circuit in which the violation, with
respect to which the order was issued,
allegedly occurred or the circuit in which the
complainant resided on the date of such
violation. The petition for review must be
filed not later than 60 days after the date of
the issuance of the final order of the
Secretary of Labor. Review shall conform to
chapter 7 of title 5, United States Code. The
commencement of proceedings under this
subparagraph shall not, unless ordered by the
court, operate as a stay of the order.
(B) Limitation on collateral attack.--An
order of the Secretary of Labor with respect to
which review could have been obtained under
subparagraph (A) shall not be subject to
judicial review in any criminal or other civil
proceeding.
(5) Enforcement of order by secretary of labor.--
Whenever any person has failed to comply with an order
issued under paragraph (3), the Secretary of Labor may
file a civil action in the United States district court
for the district in which the violation was found to
occur to enforce such order. In actions brought under
this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief including,
but not limited to, injunctive relief and compensatory
damages.
(6) Enforcement of order by parties.--
(A) Commencement of action.--A person on
whose behalf an order was issued under
paragraph (3) may commence a civil action
against the person to whom such order was
issued to require compliance with such order.
The appropriate United States district court
shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the
parties, to enforce such order.
(B) Attorney fees.--The court, in issuing
any final order under this paragraph, may award
costs of litigation (including reasonable
attorney and expert witness fees) to any party
whenever the court determines such award is
appropriate.
(7) De novo review.--With respect to a complaint
under paragraph (1), if the Secretary of Labor has not
issued a final decision within 210 days after the
filing of the complaint and if the delay is not due to
the bad faith of the employee, the employee may bring
an original action at law or equity for de novo review
in the appropriate district court of the United States,
which shall have jurisdiction over such an action
without regard to the amount in controversy, and which
action shall, at the request of either party to such
action, be tried by the court with a jury. The action
shall be governed by the same legal burdens of proof
specified in paragraph (2)(B) for review by the
Secretary of Labor.
(d) Remedies.--
(1) In general.--An employee prevailing in any
action under subsection (c) shall be entitled to all
relief necessary to make the employee whole.
(2) Damages.--Relief in an action under subsection
(c) (including an action described in (c)(7)) shall
include--
(A) reinstatement with the same seniority
status that the employee would have had, but
for the discrimination;
(B) any backpay, with interest; and
(C) compensatory damages, including
compensation for any special damages sustained
as a result of the discrimination, including
litigation costs, expert witness fees, and
reasonable attorney fees.
(3) Possible relief.--Relief in any action under
subsection (c) may include punitive damages in an
amount not to exceed $250,000.
(e) Election of Remedies.--An employee may not seek
protection under both this section and another provision of law
for the same allegedly unlawful act of the public
transportation agency.
(f) No Preemption.--Nothing in this section preempts or
diminishes any other safeguards against discrimination,
demotion, discharge, suspension, threats, harassment,
reprimand, retaliation, or any other manner of discrimination
provided by Federal or State law.
(g) Rights Retained by Employee.--Nothing in this section
shall be construed to diminish the rights, privileges, or
remedies of any employee under any Federal or State law or
under any collective bargaining agreement. The rights and
remedies in this section may not be waived by any agreement,
policy, form, or condition of employment.
(h) Disclosure of Identity.--
(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the
employee, the Secretary of Transportation or the
Secretary of Homeland Security may not disclose the
name of an employee who has provided information
described in subsection (a)(1).
(2) The Secretary of Transportation or the
Secretary of Homeland Security shall disclose to the
Attorney General the name of an employee described in
paragraph (1) of this subsection if the matter is
referred to the Attorney General for enforcement. The
Secretary making such disclosure shall provide
reasonable advance notice to the affected employee if
disclosure of that person's identity or identifying
information is to occur.
(i) Process for Reporting Security Problems to the
Department of Homeland Security.--
(1) Establishment of process.--The Secretary shall
establish through regulations after an opportunity for
notice and comment, and provide information to the
public regarding, a process by which any person may
submit a report to the Secretary regarding public
transportation security problems, deficiencies, or
vulnerabilities.
(2) Acknowledgment of receipt.--If a report
submitted under paragraph (1) identifies the person
making the report, the Secretary shall respond promptly
to such person and acknowledge receipt of the report.
(3) Steps to address problem.--The Secretary shall
review and consider the information provided in any
report submitted under paragraph (1) and shall take
appropriate steps to address any problems or
deficiencies identified.
SEC. 1414. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS FOR PUBLIC
TRANSPORTATION.
(a) Definitions.--In this section, the following
definitions apply:
(1) Security background check.--The term ``security
background check'' means reviewing the following for
the purpose of identifying individuals who may pose a
threat to transportation security, national security,
or of terrorism:
(A) Relevant criminal history databases.
(B) In the case of an alien (as defined in
section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(3))), the relevant
databases to determine the status of the alien
under the immigration laws of the United
States.
(C) Other relevant information or
databases, as determined by the Secretary.
(2) Covered individual.--The term ``covered
individual'' means an employee of a public
transportation agency or a contractor or subcontractor
of a public transportation agency.
(b) Guidance.--
(1) Any guidance, recommendations, suggested action
items, or any other widely disseminated voluntary
action item issued by the Secretary to a public
transportation agency or a contractor or subcontractor
of a public transportation agency relating to
performing a security background check of a covered
individual shall contain recommendations on the
appropriate scope and application of such a security
background check, including the time period covered,
the types of disqualifying offenses, and a redress
process for adversely impacted covered individuals
consistent with subsections (c) and (d) of this
section.
(2) Not later than 60 days after the date of
enactment of this Act, any guidance, recommendations,
suggested action items, or any other widely
disseminated voluntary action item issued by the
Secretary prior to the date of enactment of this Act to
a public transportation agency or a contractor or
subcontractor of a public transportation agency
relating to performing a security background check of a
covered individual shall be updated in compliance with
paragraph (b)(1).
(3) If a public transportation agency or a
contractor or subcontractor of a public transportation
agency performs a security background check on a
covered individual to fulfill guidance issued by the
Secretary under paragraph (1) or (2), the Secretary
shall not consider such guidance fulfilled unless an
adequate redress process as described in subsection (d)
is provided to covered individuals.
(c) Requirements.--If the Secretary issues a rule,
regulation or directive requiring a public transportation
agency or contractor or subcontractor of a public
transportation agency to perform a security background check of
a covered individual, then the Secretary shall prohibit a
public transportation agency or contractor or subcontractor of
a public transportation agency from making an adverse
employment decision, including removal or suspension of the
employee, due to such rule, regulation, or directive with
respect to a covered individual unless the public
transportation agency or contractor or subcontractor of a
public transportation agency determines that the covered
individual--
(1) has been convicted of, has been found not
guilty of by reason of insanity, or is under want,
warrant, or indictment for a permanent disqualifying
criminal offense listed in part 1572 of title 49, Code
of Federal Regulations;
(2) was convicted of or found not guilty by reason
of insanity of an interim disqualifying criminal
offense listed in part 1572 of title 49, Code of
Federal Regulations, within 7 years of the date that
the public transportation agency or contractor or
subcontractor of the public transportation agency
performs the security background check; or
(3) was incarcerated for an interim disqualifying
criminal offense listed in part 1572 of title 49, Code
of Federal Regulations, and released from incarceration
within 5 years of the date that the public
transportation agency or contractor or subcontractor of
a public transportation agency performs the security
background check.
(d) Redress Process.--If the Secretary issues a rule,
regulation, or directive requiring a public transportation
agency or contractor or subcontractor of a public
transportation agency to perform a security background check of
a covered individual, the Secretary shall--
(1) provide an adequate redress process for a
covered individual subjected to an adverse employment
decision, including removal or suspension of the
employee, due to such rule, regulation, or directive
that is consistent with the appeals and waiver process
established for applicants for commercial motor vehicle
hazardous materials endorsements and transportation
workers at ports, as required by section 70105(c) of
title 49, United States Code; and
(2) have the authority to order an appropriate
remedy, including reinstatement of the covered
individual, should the Secretary determine that a
public transportation agency or contractor or
subcontractor of a public transportation agency
wrongfully made an adverse employment decision
regarding a covered individual pursuant to such rule,
regulation, or directive.
(e) False Statements.--A public transportation agency or a
contractor or subcontractor of a public transportation agency
may not knowingly misrepresent to an employee or other relevant
person, including an arbiter involved in a labor arbitration,
the scope, application, or meaning of any rules, regulations,
directives, or guidance issued by the Secretary related to
security background check requirements for covered individuals
when conducting a security background check. Not later than 1
year after the date of enactment of this Act, the Secretary
shall issue a regulation that prohibits a public transportation
agency or a contractor or subcontractor of a public
transportation agency from knowingly misrepresenting to an
employee or other relevant person, including an arbiter
involved in a labor arbitration, the scope, application, or
meaning of any rules, regulations, directives, or guidance
issued by the Secretary related to security background check
requirements for covered individuals when conducting a security
background check.
(f) Rights and Responsibilities.--Nothing in this section
shall be construed to abridge a public transportation agency's
or a contractor or subcontractor of a public transportation
agency's rights or responsibilities to make adverse employment
decisions permitted by other Federal, State, or local laws.
Nothing in the section shall be construed to abridge rights and
responsibilities of covered individuals, a public
transportation agency, or a contractor or subcontractor of a
public transportation agency under any other Federal, State, or
local laws or collective bargaining agreement.
(g) No Preemption of Federal or State Law.--Nothing in this
section shall be construed to preempt a Federal, State, or
local law that requires criminal history background checks,
immigration status checks, or other background checks of
covered individuals.
(h) Statutory Construction.--Nothing in this section shall
be construed to affect the process for review established under
section 70105(c) of title 46, United States Code, including
regulations issued pursuant to such section.
SEC. 1415. LIMITATION ON FINES AND CIVIL PENALTIES.
(a) Inspectors.--Surface transportation inspectors shall be
prohibited from issuing fines to public transportation agencies
for violations of the Department's regulations or orders except
through the process described in subsection (b).
(b) Civil Penalties.--The Secretary shall be prohibited
from assessing civil penalties against public transportation
agencies for violations of the Department's regulations or
orders, except in accordance with the following:
(1) In the case of a public transportation agency
that is found to be in violation of a regulation or
order issued by the Secretary, the Secretary shall seek
correction of the violation through a written notice to
the public transportation agency and shall give the
public transportation agency reasonable opportunity to
correct the violation or propose an alternative means
of compliance acceptable to the Secretary.
(2) If the public transportation agency does not
correct the violation or propose an alternative means
of compliance acceptable to the Secretary within a
reasonable time period that is specified in the written
notice, the Secretary may take any action authorized in
section 114 of title 49, United States Code, as amended
by this Act.
(c) Limitation on Secretary.--The Secretary shall not
initiate civil enforcement actions for violations of
administrative and procedural requirements pertaining to the
application for and expenditure of funds awarded under
transportation security grant programs under this title.
TITLE XV--SURFACE TRANSPORTATION SECURITY
Subtitle A--General Provisions
SEC. 1501. DEFINITIONS.
In this title, the following definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Commerce, Science, and Transportation and
the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Over-the-road bus.--The term ``over-the-road
bus'' means a bus characterized by an elevated
passenger deck located over a baggage compartment.
(5) Over-the-road bus frontline employees.--In this
section, the term ``over-the-road bus frontline
employees'' means over-the-road bus drivers, security
personnel, dispatchers, maintenance and maintenance
support personnel, ticket agents, other terminal
employees, and other employees of an over-the-road bus
operator or terminal owner or operator that the
Secretary determines should receive security training
under this title.
(6) Railroad frontline employees.--In this section,
the term ``railroad frontline employees'' means
security personnel, dispatchers, locomotive engineers,
conductors, trainmen, other onboard employees,
maintenance and maintenance support personnel, bridge
tenders, and any other employees of railroad carriers
that the Secretary determines should receive security
training under this title.
(7) Railroad.--The term ``railroad'' has the
meaning that term has in section 20102 of title 49,
United States Code.
(8) Railroad carrier.--The term ``railroad
carrier'' has the meaning that term has in section
20102 of title 49, United States Code.
(9) State.--The term ``State'' means any one of the
50 States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, the Virgin Islands, Guam,
American Samoa, and any other territory or possession
of the United States.
(10) Terrorism.--The term ``terrorism'' has the
meaning that term has in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
(11) Transportation.--The term ``transportation'',
as used with respect to an over-the-road bus, means the
movement of passengers or property by an over-the-road
bus--
(A) in the jurisdiction of the United
States between a place in a State and a place
outside the State (including a place outside
the United States); or
(B) in a State that affects trade, traffic,
and transportation described in subparagraph
(A).
(12) United states.--The term ``United States''
means the 50 States, the District of Columbia, Puerto
Rico, the Northern Mariana Islands, the Virgin Islands,
Guam, American Samoa, and any other territory or
possession of the United States.
(13) Security-sensitive material.--The term
``security-sensitive material'' means a material, or a
group or class of material, in a particular amount and
form that the Secretary, in consultation with the
Secretary of Transportation, determines, through a
rulemaking with opportunity for public comment, poses a
significant risk to national security while being
transported in commerce due to the potential use of the
material in an act of terrorism. In making such a
designation, the Secretary shall, at a minimum,
consider the following:
(A) Class 7 radioactive materials.
(B) Division 1.1, 1.2, or 1.3 explosives.
(C) Materials poisonous or toxic by
inhalation, including Division 2.3 gases and
Division 6.1 materials.
(D) A select agent or toxin regulated by
the Centers for Disease Control and Prevention
under part 73 of title 42, Code of Federal
Regulations.
(14) Disadvantaged business concerns.--The term
``disadvantaged business concerns'' means small
businesses that are owned and controlled by socially
and economically disadvantaged individuals as defined
in section 124, of title 13, Code of Federal
Regulations.
(15) Amtrak.--The term ``Amtrak'' means the
National Railroad Passenger Corporation.
SEC. 1502. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary, in coordination
with Secretary of Transportation for grants awarded to Amtrak,
shall establish necessary procedures, including monitoring and
audits, to ensure that grants made under this title are
expended in accordance with the purposes of this title and the
priorities and other criteria developed by the Secretary.
(b) Additional Audits and Reviews.--The Secretary, and the
Secretary of Transportation for grants awarded to Amtrak, may
award contracts to undertake additional audits and reviews of
the safety, security, procurement, management, and financial
compliance of a recipient of amounts under this title.
(c) Procedures for Grant Award.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall
prescribe procedures and schedules for the awarding of grants
under this title, including application and qualification
procedures, and a record of decision on applicant eligibility.
The procedures shall include the execution of a grant agreement
between the grant recipient and the Secretary and shall be
consistent, to the extent practicable, with the grant
procedures established under section 70107(i) and (j) of title
46, United States Code.
(d) Additional Authority.--
(1) Issuance.--The Secretary may issue non-binding
letters of intent to recipients of a grant under this
title, to commit funding from future budget authority
of an amount, not more than the Federal Government's
share of the project's cost, for a capital improvement
project.
(2) Schedule.--The letter of intent under this
subsection shall establish a schedule under which the
Secretary will reimburse the recipient for the
Government's share of the project's costs, as amounts
become available, if the recipient, after the Secretary
issues that letter, carries out the project without
receiving amounts under a grant issued under this
title.
(3) Notice to secretary.--A recipient that has been
issued a letter of intent under this section shall
notify the Secretary of the recipient's intent to carry
out a project before the project begins.
(4) Notice to congress.--The Secretary shall
transmit to the appropriate congressional committees a
written notification at least 5 days before the
issuance of a letter of intent under this subsection.
(5) Limitations.--A letter of intent issued under
this subsection is not an obligation of the Federal
Government under section 1501 of title 31, United
States Code, and the letter is not deemed to be an
administrative commitment for financing. An obligation
or administrative commitment may be made only as
amounts are provided in authorization and
appropriations laws.
(e) Return of Misspent Grant Funds.--As part of the grant
agreement under subsection (c), the Secretary shall require
grant applicants to return any misspent grant funds received
under this title that the Secretary considers to have been
spent for a purpose other than those specified in the grant
award. The Secretary shall take all necessary actions to
recover such funds.
(f) Congressional Notification.--Not later than 5 days
before the award of any grant is made under this title, the
Secretary shall notify the appropriate congressional committees
of the intent to award such grant.
(g) Guidelines.--The Secretary shall ensure, to the extent
practicable, that grant recipients under this title who use
contractors or subcontractors use small, minority, women-owned,
or disadvantaged business concerns as contractors or
subcontractors when appropriate.
SEC. 1503. AUTHORIZATION OF APPROPRIATIONS.
(a) Transportation Security Administration Authorization.--
Section 114 of title 49, United States Code, as amended by
section 1302 of this Act, is further amended by adding at the
end the following:
``(w) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security for--
``(1) railroad security--
``(A) $488,000,000 for fiscal year 2008;
``(B) $483,000,000 for fiscal year 2009;
``(C) $508,000,000 for fiscal year 2010;
and
``(D) $508,000,000 for fiscal year 2011;
``(2) over-the-road bus and trucking security--
``(A) $14,000,000 for fiscal year 2008;
``(B) $27,000,000 for fiscal year 2009;
``(C) $27,000,000 for fiscal year 2010; and
``(D) $27,000,000 for fiscal year 2011; and
``(3) hazardous material and pipeline security--
``(A) $12,000,000 for fiscal year 2008;
``(B) $12,000,000 for fiscal year 2009; and
``(C) $12,000,000 for fiscal year 2010.''.
(b) Department of Transportation.--There are authorized to
be appropriated to the Secretary of Transportation to carry out
section 1515--
(1) $38,000,000 for fiscal year 2008;
(2) $40,000,000 for fiscal year 2009;
(3) $55,000,000 for fiscal year 2010; and
(4) $70,000,000 for fiscal year 2011.
SEC. 1504. PUBLIC AWARENESS.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall develop a national plan for railroad
and over-the-road bus security public outreach and awareness.
Such a plan shall be designed to increase awareness of measures
that the general public, passengers, and employees of railroad
carriers and over-the-road bus operators can take to increase
the security of the national railroad and over-the-road bus
transportation systems. Such a plan shall also provide outreach
to railroad carriers and over-the-road bus operators and their
employees to improve their awareness of available technologies,
ongoing research and development efforts, and available Federal
funding sources to improve security. Not later than 9 months
after the date of enactment of this Act, the Secretary shall
implement the plan developed under this section.
Subtitle B--Railroad Security
SEC. 1511. RAILROAD TRANSPORTATION SECURITY RISK ASSESSMENT AND
NATIONAL STRATEGY.
(a) Risk Assessment.--The Secretary shall establish a
Federal task force, including the Transportation Security
Administration and other agencies within the Department, the
Department of Transportation, and other appropriate Federal
agencies, to complete, within 6 months of the date of enactment
of this Act, a nationwide risk assessment of a terrorist attack
on railroad carriers. The assessment shall include--
(1) a methodology for conducting the risk
assessment, including timelines, that addresses how the
Department will work with the entities described in
subsection (c) and make use of existing Federal
expertise within the Department, the Department of
Transportation, and other appropriate agencies;
(2) identification and evaluation of critical
assets and infrastructure, including tunnels used by
railroad carriers in high-threat urban areas;
(3) identification of risks to those assets and
infrastructure;
(4) identification of risks that are specific to
the transportation of hazardous materials via railroad;
(5) identification of risks to passenger and cargo
security, transportation infrastructure protection
systems, operations, communications systems, and any
other area identified by the assessment;
(6) an assessment of employee training and
emergency response planning;
(7) an assessment of public and private operational
recovery plans, taking into account the plans for the
maritime sector required under section 70103 of title
46, United States Code, to expedite, to the maximum
extent practicable, the return of an adversely affected
railroad transportation system or facility to its
normal performance level after a major terrorist attack
or other security event on that system or facility; and
(8) an account of actions taken or planned by both
public and private entities to address identified
railroad security issues and an assessment of the
effective integration of such actions.
(b) National Strategy.--
(1) Requirement.--Not later than 9 months after the
date of enactment of this Act and based upon the
assessment conducted under subsection (a), the
Secretary, consistent with and as required by section
114(t) of title 49, United States Code, shall develop
and implement the modal plan for railroad
transportation, entitled the ``National Strategy for
Railroad Transportation Security''.
(2) Contents.--The modal plan shall include
prioritized goals, actions, objectives, policies,
mechanisms, and schedules for, at a minimum--
(A) improving the security of railroad
tunnels, railroad bridges, railroad switching
and car storage areas, other railroad
infrastructure and facilities, information
systems, and other areas identified by the
Secretary as posing significant railroad-
related risks to public safety and the movement
of interstate commerce, taking into account the
impact that any proposed security measure might
have on the provision of railroad service or on
operations served or otherwise affected by
railroad service;
(B) deploying equipment and personnel to
detect security threats, including those posed
by explosives and hazardous chemical,
biological, and radioactive substances, and any
appropriate countermeasures;
(C) consistent with section 1517, training
railroad employees in terrorism prevention,
preparedness, passenger evacuation, and
response activities;
(D) conducting public outreach campaigns
for railroads regarding security, including
educational initiatives designed to inform the
public on how to prevent, prepare for, respond
to, and recover from a terrorist attack on
railroad transportation;
(E) providing additional railroad security
support for railroads at high or severe threat
levels of alert;
(F) ensuring, in coordination with freight
and intercity and commuter passenger railroads,
the continued movement of freight and
passengers in the event of an attack affecting
the railroad system, including the possibility
of rerouting traffic due to the loss of
critical infrastructure, such as a bridge,
tunnel, yard, or station;
(G) coordinating existing and planned
railroad security initiatives undertaken by the
public and private sectors;
(H) assessing--
(i) the usefulness of covert
testing of railroad security systems;
(ii) the ability to integrate
security into infrastructure design;
and
(iii) the implementation of random
searches of passengers and baggage; and
(I) identifying the immediate and long-term
costs of measures that may be required to
address those risks and public and private
sector sources to fund such measures.
(3) Responsibilities.--The Secretary shall include
in the modal plan a description of the roles,
responsibilities, and authorities of Federal, State,
and local agencies, government-sponsored entities,
tribal governments, and appropriate stakeholders
described in subsection (c). The plan shall also
include--
(A) the identification of, and a plan to
address, gaps and unnecessary overlaps in the
roles, responsibilities, and authorities
described in this paragraph;
(B) a methodology for how the Department
will work with the entities described in
subsection (c), and make use of existing
Federal expertise within the Department, the
Department of Transportation, and other
appropriate agencies;
(C) a process for facilitating security
clearances for the purpose of intelligence and
information sharing with the entities described
in subsection (c), as appropriate;
(D) a strategy and timeline, coordinated
with the research and development program
established under section 1518, for the
Department, the Department of Transportation,
other appropriate Federal agencies and private
entities to research and develop new
technologies for securing railroad systems; and
(E) a process for coordinating existing or
future security strategies and plans for
railroad transportation, including the National
Infrastructure Protection Plan required by
Homeland Security Presidential Directive 7;
Executive Order Number 13416: ``Strengthening
Surface Transportation Security'' dated
December 5, 2006; the Memorandum of
Understanding between the Department and the
Department of Transportation on Roles and
Responsibilities dated September 28, 2004, and
any and all subsequent annexes to this
Memorandum of Understanding, and any other
relevant agreements between the two
Departments.
(c) Consultation With Stakeholders.--In developing the
National Strategy required under this section, the Secretary
shall consult with railroad management, nonprofit employee
organizations representing railroad employees, owners or
lessors of railroad cars used to transport hazardous materials,
emergency responders, offerors of security-sensitive materials,
public safety officials, and other relevant parties.
(d) Adequacy of Existing Plans and Strategies.--In
developing the risk assessment and National Strategy required
under this section, the Secretary shall utilize relevant
existing plans, strategies, and risk assessments developed by
the Department or other Federal agencies, including those
developed or implemented pursuant to section 114(t) of title
49, United States Code, or Homeland Security Presidential
Directive 7, and, as appropriate, assessments developed by
other public and private stakeholders.
(e) Report.--
(1) Contents.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall transmit
to the appropriate congressional committees a report
containing--
(A) the assessment and the National
Strategy required by this section; and
(B) an estimate of the cost to implement
the National Strategy.
(2) Format.--The Secretary may submit the report in
both classified and redacted formats if the Secretary
determines that such action is appropriate or
necessary.
(f) Annual Updates.--Consistent with the requirements of
section 114(t) of title 49, United States Code, the Secretary
shall update the assessment and National Strategy each year and
transmit a report, which may be submitted in both classified
and redacted formats, to the appropriate congressional
committees containing the updated assessment and
recommendations.
(g) Funding.--Out of funds appropriated pursuant to section
114(w) of title 49, United States Code, as amended by section
1503 of this title, there shall be made available to the
Secretary to carry out this section $5,000,000 for fiscal year
2008.
SEC. 1512. RAILROAD CARRIER ASSESSMENTS AND PLANS.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall issue regulations
that--
(1) require each railroad carrier assigned to a
high-risk tier under this section to--
(A) conduct a vulnerability assessment in
accordance with subsections (c) and (d); and
(B) to prepare, submit to the Secretary for
approval, and implement a security plan in
accordance with this section that addresses
security performance requirements; and
(2) establish standards and guidelines, based on
and consistent with the risk assessment and National
Strategy for Railroad Transportation Security developed
under section 1511, for developing and implementing the
vulnerability assessments and security plans for
railroad carriers assigned to high-risk tiers.
(b) Non High-Risk Programs.--The Secretary may establish a
security program for railroad carriers not assigned to a high-
risk tier, including--
(1) guidance for such carriers in conducting
vulnerability assessments and preparing and
implementing security plans, as determined appropriate
by the Secretary; and
(2) a process to review and approve such
assessments and plans, as appropriate.
(c) Deadline for Submission.--Not later than 9 months after
the date of issuance of the regulations under subsection (a),
the vulnerability assessments and security plans required by
such regulations for railroad carriers assigned to a high-risk
tier shall be completed and submitted to the Secretary for
review and approval.
(d) Vulnerability Assessments.--
(1) Requirements.--The Secretary shall provide
technical assistance and guidance to railroad carriers
in conducting vulnerability assessments under this
section and shall require that each vulnerability
assessment of a railroad carrier assigned to a high-
risk tier under this section, include, as applicable--
(A) identification and evaluation of
critical railroad carrier assets and
infrastructure, including platforms, stations,
intermodal terminals, tunnels, bridges,
switching and storage areas, and information
systems as appropriate;
(B) identification of the vulnerabilities
to those assets and infrastructure;
(C) identification of strengths and
weaknesses in--
(i) physical security;
(ii) passenger and cargo security,
including the security of security-
sensitive materials being transported
by railroad or stored on railroad
property;
(iii) programmable electronic
devices, computers, or other automated
systems which are used in providing the
transportation;
(iv) alarms, cameras, and other
protection systems;
(v) communications systems and
utilities needed for railroad security
purposes, including dispatching and
notification systems;
(vi) emergency response planning;
(vii) employee training; and
(viii) such other matters as the
Secretary determines appropriate; and
(D) identification of redundant and backup
systems required to ensure the continued
operation of critical elements of a railroad
carrier's system in the event of an attack or
other incident, including disruption of
commercial electric power or communications
network.
(2) Threat information.--The Secretary shall
provide in a timely manner to the appropriate employees
of a railroad carrier, as designated by the railroad
carrier, threat information that is relevant to the
carrier when preparing and submitting a vulnerability
assessment and security plan, including an assessment
of the most likely methods that could be used by
terrorists to exploit weaknesses in railroad security.
(e) Security Plans.--
(1) Requirements.--The Secretary shall provide
technical assistance and guidance to railroad carriers
in preparing and implementing security plans under this
section, and shall require that each security plan of a
railroad carrier assigned to a high-risk tier under
this section include, as applicable--
(A) identification of a security
coordinator having authority--
(i) to implement security actions
under the plan;
(ii) to coordinate security
improvements; and
(iii) to receive immediate
communications from appropriate Federal
officials regarding railroad security;
(B) a list of needed capital and
operational improvements;
(C) procedures to be implemented or used by
the railroad carrier in response to a terrorist
attack, including evacuation and passenger
communication plans that include individuals
with disabilities as appropriate;
(D) identification of steps taken with
State and local law enforcement agencies,
emergency responders, and Federal officials to
coordinate security measures and plans for
response to a terrorist attack;
(E) a strategy and timeline for conducting
training under section 1517;
(F) enhanced security measures to be taken
by the railroad carrier when the Secretary
declares a period of heightened security risk;
(G) plans for providing redundant and
backup systems required to ensure the continued
operation of critical elements of the railroad
carrier's system in the event of a terrorist
attack or other incident;
(H) a strategy for implementing enhanced
security for shipments of security-sensitive
materials, including plans for quickly locating
and securing such shipments in the event of a
terrorist attack or security incident; and
(I) such other actions or procedures as the
Secretary determines are appropriate to address
the security of railroad carriers.
(2) Security coordinator requirements.--The
Secretary shall require that the individual serving as
the security coordinator identified in paragraph (1)(A)
is a citizen of the United States. The Secretary may
waive this requirement with respect to an individual if
the Secretary determines that it is appropriate to do
so based on a background check of the individual and a
review of the consolidated terrorist watchlist.
(3) Consistency with other plans.--The Secretary
shall ensure that the security plans developed by
railroad carriers under this section are consistent
with the risk assessment and National Strategy for
Railroad Transportation Security developed under
section 1511.
(f) Deadline for Review Process.--Not later than 6 months
after receiving the assessments and plans required under this
section, the Secretary shall--
(1) review each vulnerability assessment and
security plan submitted to the Secretary in accordance
with subsection (c);
(2) require amendments to any security plan that
does not meet the requirements of this section; and
(3) approve any vulnerability assessment or
security plan that meets the requirements of this
section.
(g) Interim Security Measures.--The Secretary may require
railroad carriers, during the period before the deadline
established under subsection (c), to submit a security plan
under subsection (e) to implement any necessary interim
security measures essential to providing adequate security of
the railroad carrier's system. An interim plan required under
this subsection will be superseded by a plan required under
subsection (e).
(h) Tier Assignment.--Utilizing the risk assessment and
National Strategy for Railroad Transportation Security required
under section 1511, the Secretary shall assign each railroad
carrier to a risk-based tier established by the Secretary.
(1) Provision of information.--The Secretary may
request, and a railroad carrier shall provide,
information necessary for the Secretary to assign a
railroad carrier to the appropriate tier under this
subsection.
(2) Notification.--Not later than 60 days after the
date a railroad carrier is assigned to a tier under
this subsection, the Secretary shall notify the
railroad carrier of the tier to which it is assigned
and the reasons for such assignment.
(3) High-risk tiers.--At least one of the tiers
established by the Secretary under this subsection
shall be designated a tier for high-risk railroad
carriers.
(4) Reassignment.--The Secretary may reassign a
railroad carrier to another tier, as appropriate, in
response to changes in risk. The Secretary shall notify
the railroad carrier not later than 60 days after such
reassignment and provide the railroad carrier with the
reasons for such reassignment.
(i) Nondisclosure of Information.--
(1) Submission of information to congress.--Nothing
in this section shall be construed as authorizing the
withholding of any information from Congress.
(2) Disclosure of independently furnished
information.--Nothing in this section shall be
construed as affecting any authority or obligation of a
Federal agency to disclose any record or information
that the Federal agency obtains from a railroad carrier
under any other Federal law.
(j) Existing Procedures, Protocols and Standards.--
(1) Determination.--In response to a petition by a
railroad carrier or at the discretion of the Secretary,
the Secretary may determine that existing procedures,
protocols, and standards meet all or part of the
requirements of this section, including regulations
issued under subsection (a), regarding vulnerability
assessments and security plans.
(2) Election.--Upon review and written
determination by the Secretary that existing
procedures, protocols, or standards of a railroad
carrier satisfy the requirements of this section, the
railroad carrier may elect to comply with those
procedures, protocols, or standards instead of the
requirements of this section.
(3) Partial approval.--If the Secretary determines
that the existing procedures, protocols, or standards
of a railroad carrier satisfy only part of the
requirements of this section, the Secretary may accept
such submission, but shall require submission by the
railroad carrier of any additional information relevant
to the vulnerability assessment and security plan of
the railroad carrier to ensure that the remaining
requirements of this section are fulfilled.
(4) Notification.--If the Secretary determines that
particular existing procedures, protocols, or standards
of a railroad carrier under this subsection do not
satisfy the requirements of this section, the Secretary
shall provide to the railroad carrier a written
notification that includes an explanation of the
determination.
(5) Review.--Nothing in this subsection shall
relieve the Secretary of the obligation--
(A) to review the vulnerability assessment
and security plan submitted by a railroad
carrier under this section; and
(B) to approve or disapprove each
submission on an individual basis.
(k) Periodic Evaluation by Railroad Carriers Required.--
(1) Submission of evaluation.--Not later than 3
years after the date on which a vulnerability
assessment or security plan required to be submitted to
the Secretary under subsection (c) is approved, and at
least once every 5 years thereafter (or on such a
schedule as the Secretary may establish by regulation),
a railroad carrier who submitted a vulnerability
assessment and security plan and who is still assigned
to the high-risk tier must also submit to the Secretary
an evaluation of the adequacy of the vulnerability
assessment and security plan that includes a
description of any material changes made to the
vulnerability assessment or security plan.
(2) Review of evaluation.--Not later than 180 days
after the date on which an evaluation is submitted, the
Secretary shall review the evaluation and notify the
railroad carrier submitting the evaluation of the
Secretary's approval or disapproval of the evaluation.
(l) Shared Facilities.--The Secretary may permit under this
section the development and implementation of coordinated
vulnerability assessments and security plans to the extent that
a railroad carrier shares facilities with, or is colocated
with, other transportation entities or providers that are
required to develop vulnerability assessments and security
plans under Federal law.
(m) Consultation.--In carrying out this section, the
Secretary shall consult with railroad carriers, nonprofit
employee labor organizations representating railroad employees,
and public safety and law enforcement officials.
SEC. 1513. RAILROAD SECURITY ASSISTANCE.
(a) Security Improvement Grants.--(1) The Secretary, in
consultation with the Administrator of the Transportation
Security Administration and other appropriate agencies or
officials, is authorized to make grants to railroad carriers,
the Alaska Railroad, security-sensitive materials offerors who
ship by railroad, owners of railroad cars used in the
transportation of security-sensitive materials, State and local
governments (for railroad passenger facilities and
infrastructure not owned by Amtrak), and Amtrak for intercity
passenger railroad and freight railroad security improvements
described in subsection (b) as approved by the Secretary.
(2) A railroad carrier is eligible for a grant under this
section if the carrier has completed a vulnerability assessment
and developed a security plan that the Secretary has approved
in accordance with section 1512.
(3) A recipient of a grant under this section may use grant
funds only for permissible uses under subsection (b) to further
a railroad security plan that meets the requirements of
paragraph (2).
(4) Notwithstanding the requirement for eligibility and
uses of funds in paragraphs (2) and (3), a railroad carrier is
eligible for a grant under this section if the applicant uses
the funds solely for the development of assessments or security
plans under section 1512.
(5) Notwithstanding the requirements for eligibility and
uses of funds in paragraphs (2) and (3), prior to the earlier
of one year after the date of issuance of final regulations
requiring vulnerability assessments and security plans under
section 1512 or 3 years after the date of enactment of this
Act, the Secretary may award grants under this section for rail
security improvements listed under subsection (b) based upon
railroad carrier vulnerability assessments and security plans
that the Secretary determines are sufficient for the purposes
of this section but have not been approved by the Secretary in
accordance with section 1512.
(b) Uses of Funds.--A recipient of a grant under this
section shall use the grant funds for one or more of the
following:
(1) Security and redundancy for critical
communications, computer, and train control systems
essential for secure railroad operations.
(2) Accommodation of railroad cargo or passenger
security inspection facilities, related infrastructure,
and operations at or near United States international
borders or other ports of entry.
(3) The security of security-sensitive materials
transportation by railroad.
(4) Chemical, biological, radiological, or
explosive detection, including canine patrols for such
detection.
(5) The security of intercity passenger railroad
stations, trains, and infrastructure, including
security capital improvement projects that the
Secretary determines enhance railroad station security.
(6) Technologies to reduce the vulnerabilities of
railroad cars, including structural modification of
railroad cars transporting security-sensitive materials
to improve their resistance to acts of terrorism.
(7) The sharing of intelligence and information
about security threats.
(8) To obtain train tracking and communications
equipment, including equipment that is interoperable
with Federal, State, and local agencies and tribal
governments.
(9) To hire, train, and employ police and security
officers, including canine units, assigned to full-time
security or counterterrorism duties related to railroad
transportation.
(10) Overtime reimbursement, including
reimbursement of State, local, and tribal governments
for costs, for enhanced security personnel assigned to
duties related to railroad security during periods of
high or severe threat levels and National Special
Security Events or other periods of heightened security
as determined by the Secretary.
(11) Perimeter protection systems, including access
control, installation of improved lighting, fencing,
and barricades at railroad facilities.
(12) Tunnel protection systems.
(13) Passenger evacuation and evacuation-related
capital improvements.
(14) Railroad security inspection technologies,
including verified visual inspection technologies using
hand-held readers.
(15) Surveillance equipment.
(16) Cargo or passenger screening equipment.
(17) Emergency response equipment, including fire
suppression and decontamination equipment, personal
protective equipment, and defibrillators.
(18) Operating and capital costs associated with
security awareness, preparedness, and response
training, including training under section 1517, and
training developed by universities, institutions of
higher education, and nonprofit employee labor
organizations, for railroad employees, including
frontline employees.
(19) Live or simulated exercises, including
exercises described in section 1516.
(20) Public awareness campaigns for enhanced
railroad security.
(21) Development of assessments or security plans
under section 1512.
(22) Other security improvements--
(A) identified, required, or recommended
under sections 1511 and 1512, including
infrastructure, facilities, and equipment
upgrades; or
(B) that the Secretary considers
appropriate.
(c) Department of Homeland Security Responsibilities.--In
carrying out the responsibilities under subsection (a), the
Secretary shall--
(1) determine the requirements for recipients of
grants;
(2) establish priorities for uses of funds for
grant recipients;
(3) award the funds authorized by this section
based on risk, as identified by the plans required
under sections 1511 and 1512, or assessment or plan
described in subsection (a)(5);
(4) take into account whether stations or
facilities are used by commuter railroad passengers as
well as intercity railroad passengers in reviewing
grant applications;
(5) encourage non-Federal financial participation
in projects funded by grants; and
(6) not later than 5 business days after awarding a
grant to Amtrak under this section, transfer grant
funds to the Secretary of Transportation to be
disbursed to Amtrak.
(d) Multiyear Awards.--Grant funds awarded under this
section may be awarded for projects that span multiple years.
(e) Limitation on Uses of Funds.--A grant made under this
section may not be used to make any State or local government
cost-sharing contribution under any other Federal law.
(f) Annual Reports.--Each recipient of a grant under this
section shall report annually to the Secretary on the use of
grant funds.
(g) Non-Federal Match Study.--Not later than 240 days after
the date of enactment of this Act, the Secretary shall provide
a report to the appropriate congressional committees on the
feasibility and appropriateness of requiring a non-Federal
match for grants awarded to freight railroad carriers and other
private entities under this section.
(h) Subject to Certain Standards.--A recipient of a grant
under this section and sections 1514 and 1515 shall be required
to comply with the standards of section 24312 of title 49,
United States Code, as in effect on January 1, 2007, with
respect to the project in the same manner as Amtrak is required
to comply with such standards for construction work financed
under an agreement made under section 24308(a) of that title.
(i) Authorization of Appropriations.--
(1) In general.--Out of funds appropriated pursuant
to section 114(w) of title 49, United States Code, as
amended by section 1503 of this title, there shall be
made available to the Secretary to carry out this
section--
(A) $300,000,000 for fiscal year 2008;
(B) $300,000,000 for fiscal year 2009;
(C) $300,000,000 for fiscal year 2010; and
(D) $300,000,000 for fiscal year 2011.
(2) Period of availability.--Sums appropriated to
carry out this section shall remain available until
expended.
SEC. 1514. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--
(1) Grants.--Subject to subsection (b), the
Secretary, in consultation with the Administrator of
the Transportation Security Administration, is
authorized to make grants to Amtrak in accordance with
the provisions of this section.
(2) General purposes.--The Secretary may make such
grants for the purposes of--
(A) protecting underwater and underground
assets and systems;
(B) protecting high-risk and high-
consequence assets identified through
systemwide risk assessments;
(C) providing counterterrorism or security
training;
(D) providing both visible and
unpredictable deterrence; and
(E) conducting emergency preparedness
drills and exercises.
(3) Specific projects.--The Secretary shall make
such grants--
(A) to secure major tunnel access points
and ensure tunnel integrity in New York, New
Jersey, Maryland, and Washington, DC;
(B) to secure Amtrak trains;
(C) to secure Amtrak stations;
(D) to obtain a watchlist identification
system approved by the Secretary;
(E) to obtain train tracking and
interoperable communications systems that are
coordinated with Federal, State, and local
agencies and tribal governments to the maximum
extent possible;
(F) to hire, train, and employ police and
security officers, including canine units,
assigned to full-time security or
counterterrorism duties related to railroad
transportation;
(G) for operating and capital costs
associated with security awareness,
preparedness, and response training, including
training under section 1517, and training
developed by universities, institutions of
higher education, and nonprofit employee labor
organizations, for railroad employees,
including frontline employees; and
(H) for live or simulated exercises,
including exercises described in section 1516.
(b) Conditions.--The Secretary shall award grants to Amtrak
under this section for projects contained in a systemwide
security plan approved by the Secretary developed pursuant to
section 1512. Not later than 5 business days after awarding a
grant to Amtrak under this section, the Secretary shall
transfer the grant funds to the Secretary of Transportation to
be disbursed to Amtrak.
(c) Equitable Geographic Allocation.--The Secretary shall
ensure that, subject to meeting the highest security needs on
Amtrak's entire system and consistent with the risk assessment
required under section 1511 and Amtrak's vulnerability
assessment and security plan developed under section 1512,
stations and facilities located outside of the Northeast
Corridor receive an equitable share of the security funds
authorized by this section.
(d) Availability of Funds.--
(1) In general.--Out of funds appropriated pursuant
to section 114(w) of title 49, United States Code, as
amended by section 1503 of this title, there shall be
made available to the Secretary and the Administrator
of the Transportation Security Administration to carry
out this section--
(A) $150,000,000 for fiscal year 2008;
(B) $150,000,000 for fiscal year 2009;
(C) $175,000,000 for fiscal year 2010; and
(D) $175,000,000 for fiscal year 2011.
(2) Availability of appropriated funds.--Amounts
appropriated pursuant to paragraph (1) shall remain
available until expended.
SEC. 1515. FIRE AND LIFE SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--There are authorized to be
appropriated to the Secretary of Transportation for making
grants to Amtrak for the purpose of carrying out projects to
make fire and life safety improvements to Amtrak tunnels on the
Northeast Corridor the following amounts:
(1) For the 6 New York and New Jersey tunnels to
provide ventilation, electrical, and fire safety
technology improvements, emergency communication and
lighting systems, and emergency access and egress for
passengers--
(A) $25,000,000 for fiscal year 2008;
(B) $30,000,000 for fiscal year 2009;
(C) $45,000,000 for fiscal year 2010; and
(D) $60,000,000 for fiscal year 2011.
(2) For the Baltimore Potomac Tunnel and the Union
Tunnel, together, to provide adequate drainage and
ventilation, communication, lighting, standpipe, and
passenger egress improvements--
(A) $5,000,000 for fiscal year 2008;
(B) $5,000,000 for fiscal year 2009;
(C) $5,000,000 for fiscal year 2010; and
(D) $5,000,000 for fiscal year 2011.
(3) For the Union Station tunnels in the District
of Columbia to improve ventilation, communication,
lighting, and passenger egress improvements--
(A) $5,000,000 for fiscal year 2008;
(B) $5,000,000 for fiscal year 2009;
(C) $5,000,000 for fiscal year 2010; and
(D) $5,000,000 for fiscal year 2011.
(b) Infrastructure Upgrades.--Out of funds appropriated
pursuant to section 1503(b), there shall be made available to
the Secretary of Transportation for fiscal year 2008,
$3,000,000 for the preliminary design of options for a new
tunnel on a different alignment to augment the capacity of the
existing Baltimore tunnels.
(c) Availability of Amounts.--Amounts appropriated pursuant
to this section shall remain available until expended.
(d) Plans Required.--The Secretary of Transportation may
not make amounts available to Amtrak for obligation or
expenditure under subsection (a)--
(1) until Amtrak has submitted to the Secretary of
Transportation, and the Secretary of Transportation has
approved, an engineering and financial plan for such
projects; and
(2) unless, for each project funded pursuant to
this section, the Secretary of Transportation has
approved a project management plan prepared by Amtrak.
(e) Review of Plans.--
(1) In general.--The Secretary of Transportation
shall complete the review of a plan required under
subsection (d) and approve or disapprove the plan
within 45 days after the date on which each such plan
is submitted by Amtrak.
(2) Incomplete or deficient plan.--If the Secretary
of Transportation determines that a plan is incomplete
or deficient, the Secretary of Transportation shall
notify Amtrak of the incomplete items or deficiencies
and Amtrak shall, within 30 days after receiving the
Secretary of Transportation's notification, submit a
modified plan for the Secretary of Transportation's
review.
(3) Approval of plan.--Within 15 days after
receiving additional information on items previously
included in the plan, and within 45 days after
receiving items newly included in a modified plan, the
Secretary of Transportation shall either approve the
modified plan, or if the Secretary of Transportation
finds the plan is still incomplete or deficient, the
Secretary of Transportation shall--
(A) identify in writing to the appropriate
congressional committees the portions of the
plan the Secretary finds incomplete or
deficient;
(B) approve all other portions of the plan;
(C) obligate the funds associated with
those portions; and
(D) execute an agreement with Amtrak within
15 days thereafter on a process for resolving
the remaining portions of the plan.
(f) Financial Contribution From Other Tunnel Users.--The
Secretary of Transportation, taking into account the need for
the timely completion of all portions of the tunnel projects
described in subsection (a), shall--
(1) consider the extent to which railroad carriers
other than Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other railroad carriers toward
the costs of the projects; and
(3) obtain financial contributions or commitments
from such other railroad carriers at levels reflecting
the extent of their use or planned use of the tunnels,
if feasible.
SEC. 1516. RAILROAD CARRIER EXERCISES.
(a) In General.--The Secretary shall establish a program
for conducting security exercises for railroad carriers for the
purpose of assessing and improving the capabilities of entities
described in subsection (b) to prevent, prepare for, mitigate,
respond to, and recover from acts of terrorism.
(b) Covered Entities.--Entities to be assessed under the
program shall include--
(1) Federal, State, and local agencies and tribal
governments;
(2) railroad carriers;
(3) governmental and nongovernmental emergency
response providers, law enforcement agencies, and
railroad and transit police, as appropriate; and
(4) any other organization or entity that the
Secretary determines appropriate.
(c) Requirements.--The Secretary shall ensure that the
program--
(1) consolidates existing security exercises for
railroad carriers administered by the Department and
the Department of Transportation, as jointly determined
by the Secretary and the Secretary of Transportation,
unless the Secretary waives this consolidation
requirement as appropriate;
(2) consists of exercises that are--
(A) scaled and tailored to the needs of the
carrier, including addressing the needs of the
elderly and individuals with disabilities;
(B) live, in the case of the most at-risk
facilities to a terrorist attack;
(C) coordinated with appropriate officials;
(D) as realistic as practicable and based
on current risk assessments, including credible
threats, vulnerabilities, and consequences;
(E) inclusive, as appropriate, of railroad
frontline employees; and
(F) consistent with the National Incident
Management System, the National Response Plan,
the National Infrastructure Protection Plan,
the National Preparedness Guidance, the
National Preparedness Goal, and other such
national initiatives;
(3) provides that exercises described in paragraph
(2) will be--
(A) evaluated by the Secretary against
clear and consistent performance measures;
(B) assessed by the Secretary to identify
best practices, which shall be shared, as
appropriate, with railroad carriers, nonprofit
employee organizations that represent railroad
carrier employees, Federal, State, local, and
tribal officials, governmental and
nongovernmental emergency response providers,
law enforcement personnel, including railroad
carrier and transit police, and other
stakeholders; and
(C) used to develop recommendations, as
appropriate, from the Secretary to railroad
carriers on remedial action to be taken in
response to lessons learned;
(4) allows for proper advanced notification of
communities and local governments in which exercises
are held, as appropriate; and
(5) assists State, local, and tribal governments
and railroad carriers in designing, implementing, and
evaluating additional exercises that conform to the
requirements of paragraph (1).
(d) National Exercise Program.--The Secretary shall ensure
that the exercise program developed under subsection (c) is a
component of the National Exercise Program established under
section 648 of the Post Katrina Emergency Management Reform Act
(Public Law 109-295; 6 U.S.C. 748).
SEC. 1517. RAILROAD SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall develop and issue
regulations for a training program to prepare railroad
frontline employees for potential security threats and
conditions. The regulations shall take into consideration any
current security training requirements or best practices.
(b) Consultation.--The Secretary shall develop the
regulations under subsection (a) in consultation with--
(1) appropriate law enforcement, fire service,
emergency response, security, and terrorism experts;
(2) railroad carriers;
(3) railroad shippers; and
(4) nonprofit employee labor organizations
representing railroad employees or emergency response
personnel.
(c) Program Elements.--The regulations developed under
subsection (a) shall require security training programs
described in subsection (a) to include, at a minimum, elements
to address the following, as applicable:
(1) Determination of the seriousness of any
occurrence or threat.
(2) Crew and passenger communication and
coordination.
(3) Appropriate responses to defend or protect
oneself.
(4) Use of personal and other protective equipment.
(5) Evacuation procedures for passengers and
railroad employees, including individuals with
disabilities and the elderly.
(6) Psychology, behavior, and methods of
terrorists, including observation and analysis.
(7) Training related to psychological responses to
terrorist incidents, including the ability to cope with
hijacker behavior and passenger responses.
(8) Live situational training exercises regarding
various threat conditions, including tunnel evacuation
procedures.
(9) Recognition and reporting of dangerous
substances, suspicious packages, and situations.
(10) Understanding security incident procedures,
including procedures for communicating with
governmental and nongovernmental emergency response
providers and for on-scene interaction with such
emergency response providers.
(11) Operation and maintenance of security
equipment and systems.
(12) Other security training activities that the
Secretary considers appropriate.
(d) Required Programs.--
(1) Development and submission to secretary.--Not
later than 90 days after the Secretary issues
regulations under subsection (a), each railroad carrier
shall develop a security training program in accordance
with this section and submit the program to the
Secretary for approval.
(2) Approval or disapproval.--Not later than 60
days after receiving a security training program
proposal under this subsection, the Secretary shall
approve the program or require the railroad carrier
that developed the program to make any revisions to the
program that the Secretary considers necessary for the
program to meet the requirements of this section. A
railroad carrier shall respond to the Secretary's
comments within 30 days after receiving them.
(3) Training.--Not later than 1 year after the
Secretary approves a security training program in
accordance with this subsection, the railroad carrier
that developed the program shall complete the training
of all railroad frontline employees who were hired by a
carrier more than 30 days preceding such date. For such
employees employed less than 30 days by a carrier
preceding such date, training shall be completed within
the first 60 days of employment.
(4) Updates of regulations and program revisions.--
The Secretary shall periodically review and update as
appropriate the training regulations issued under
subsection (a) to reflect new or changing security
threats. Each railroad carrier shall revise its
training program accordingly and provide additional
training as necessary to its frontline employees within
a reasonable time after the regulations are updated.
(e) National Training Program.--The Secretary shall ensure
that the training program developed under subsection (a) is a
component of the National Training Program established under
section 648 of the Post Katrina Emergency Management Reform Act
(Public Law 109-295; 6 U.S.C. 748).
(f) Reporting Requirements.--Not later than 2 years after
the date of regulation issuance, the Secretary shall review
implementation of the training program of a representative
sample of railroad carriers and railroad frontline employees,
and report to the appropriate congressional committees on the
number of reviews conducted and the results of such reviews.
The Secretary may submit the report in both classified and
redacted formats as necessary.
(g) Other Employees.--The Secretary shall issue guidance
and best practices for a railroad shipper employee security
program containing the elements listed under subsection (c).
SEC. 1518. RAILROAD SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary, acting through the Under Secretary for Science and
Technology and the Administrator of the Transportation Security
Administration, shall carry out a research and development
program for the purpose of improving the security of railroad
transportation systems.
(b) Eligible Projects.--The research and development
program may include projects--
(1) to reduce the vulnerability of passenger
trains, stations, and equipment to explosives and
hazardous chemical, biological, and radioactive
substances, including the development of technology to
screen passengers in large numbers at peak commuting
times with minimal interference and disruption;
(2) to test new emergency response and recovery
techniques and technologies, including those used at
international borders;
(3) to develop improved railroad security
technologies, including--
(A) technologies for sealing or modifying
railroad tank cars;
(B) automatic inspection of railroad cars;
(C) communication-based train control
systems;
(D) emergency response training, including
training in a tunnel environment;
(E) security and redundancy for critical
communications, electrical power, computer, and
train control systems; and
(F) technologies for securing bridges and
tunnels;
(4) to test wayside detectors that can detect
tampering;
(5) to support enhanced security for the
transportation of security-sensitive materials by
railroad;
(6) to mitigate damages in the event of a cyber
attack; and
(7) to address other vulnerabilities and risks
identified by the Secretary.
(c) Coordination With Other Research Initiatives.--The
Secretary--
(1) shall ensure that the research and development
program is consistent with the National Strategy for
Railroad Transportation Security developed under
section 1511 and any other transportation security
research and development programs required by this Act;
(2) shall, to the extent practicable, coordinate
the research and development activities of the
Department with other ongoing research and development
security-related initiatives, including research being
conducted by--
(A) the Department of Transportation,
including University Transportation Centers and
other institutes, centers, and simulators
funded by the Department of Transportation;
(B) the National Academy of Sciences;
(C) the Technical Support Working Group;
(D) other Federal departments and agencies;
and
(E) other Federal and private research
laboratories, research entities, and
universities and institutions of higher
education, including Historically Black
Colleges and Universities, Hispanic Serving
Institutions, or Indian Tribally Controlled
Colleges and Universities;
(3) shall carry out any research and development
project authorized by this section through a
reimbursable agreement with an appropriate Federal
agency, if the agency--
(A) is currently sponsoring a research and
development project in a similar area; or
(B) has a unique facility or capability
that would be useful in carrying out the
project;
(4) may award grants, or enter into cooperative
agreements, contracts, other transactions, or
reimbursable agreements to the entities described in
paragraph (2) and the eligible grant recipients under
section 1513; and
(5) shall make reasonable efforts to enter into
memoranda of understanding, contracts, grants,
cooperative agreements, or other transactions with
railroad carriers willing to contribute both physical
space and other resources.
(d) Privacy and Civil Rights and Civil Liberties Issues.--
(1) Consultation.--In carrying out research and
development projects under this section, the Secretary
shall consult with the Chief Privacy Officer of the
Department and the Officer for Civil Rights and Civil
Liberties of the Department as appropriate and in
accordance with section 222 of the Homeland Security
Act of 2002 (6 U.S.C. 142).
(2) Privacy impact assessments.--In accordance with
sections 222 and 705 of the Homeland Security Act of
2002 (6 U.S.C. 142; 345), the Chief Privacy Officer
shall conduct privacy impact assessments and the
Officer for Civil Rights and Civil Liberties shall
conduct reviews, as appropriate, for research and
development initiatives developed under this section
that the Secretary determines could have an impact on
privacy, civil rights, or civil liberties.
(e) Authorization of Appropriations.--
(1) In general.--Out of funds appropriated pursuant
to section 114(w) of title 49, United States Code, as
amended by section 1503, there shall be made available
to the Secretary to carry out this section--
(A) $33,000,000 for fiscal year 2008;
(B) $33,000,000 for fiscal year 2009;
(C) $33,000,000 for fiscal year 2010; and
(D) $33,000,000 for fiscal year 2011.
(2) Period of availability.--Such sums shall remain
available until expended.
SEC. 1519. RAILROAD TANK CAR SECURITY TESTING.
(a) Railroad Tank Car Vulnerability Assessment.--
(1) Assessment.--The Secretary shall assess the
likely methods of a deliberate terrorist attack against
a railroad tank car used to transport toxic-inhalation-
hazard materials, and for each method assessed, the
degree to which it may be successful in causing death,
injury, or serious adverse effects to human health, the
environment, critical infrastructure, national
security, the national economy, or public welfare.
(2) Threats.--In carrying out paragraph (1), the
Secretary shall consider the most current threat
information as to likely methods of a successful
terrorist attack on a railroad tank car transporting
toxic-inhalation-hazard materials, and may consider the
following:
(A) Explosive devices placed along the
tracks or attached to a railroad tank car.
(B) The use of missiles, grenades, rockets,
mortars, or other high-caliber weapons against
a railroad tank car.
(3) Physical testing.--In developing the assessment
required under paragraph (1), the Secretary shall
conduct physical testing of the vulnerability of
railroad tank cars used to transport toxic-inhalation-
hazard materials to different methods of a deliberate
attack, using technical information and criteria to
evaluate the structural integrity of railroad tank
cars.
(4) Report.--Not later than 30 days after the
completion of the assessment under paragraph (1), the
Secretary shall provide to the appropriate
congressional committees a report, in the appropriate
format, on such assessment.
(b) Railroad Tank Car Dispersion Modeling.--
(1) In general.--The Secretary, acting through the
National Infrastructure Simulation and Analysis Center,
shall conduct an air dispersion modeling analysis of
release scenarios of toxic-inhalation-hazard materials
resulting from a terrorist attack on a loaded railroad
tank car carrying such materials in urban and rural
environments.
(2) Considerations.--The analysis under this
subsection shall take into account the following
considerations:
(A) The most likely means of attack and the
resulting dispersal rate.
(B) Different times of day, to account for
differences in cloud coverage and other
atmospheric conditions in the environment being
modeled.
(C) Differences in population size and
density.
(D) Historically accurate wind speeds,
temperatures, and wind directions.
(E) Differences in dispersal rates or other
relevant factors related to whether a railroad
tank car is in motion or stationary.
(F) Emergency response procedures by local
officials.
(G) Any other considerations the Secretary
believes would develop an accurate, plausible
dispersion model for toxic-inhalation-hazard
materials released from a railroad tank car as
a result of a terrorist act.
(3) Consultation.--In conducting the dispersion
modeling under paragraph (1), the Secretary shall
consult with the Secretary of Transportation, hazardous
materials experts, railroad carriers, nonprofit
employee labor organizations representing railroad
employees, appropriate State, local, and tribal
officials, and other Federal agencies, as appropriate.
(4) Information sharing.--Upon completion of the
analysis required under paragraph (1), the Secretary
shall share the information developed with the
appropriate stakeholders, given appropriate information
protection provisions as may be required by the
Secretary.
(5) Report.--Not later than 30 days after
completion of all dispersion analyses under paragraph
(1), the Secretary shall submit to the appropriate
congressional committees a report detailing the
Secretary's conclusions and findings in an appropriate
format.
SEC. 1520. RAILROAD THREAT ASSESSMENTS.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall complete a name-based security
background check against the consolidated terrorist watchlist
and an immigration status check for all railroad frontline
employees, similar to the threat assessment screening program
required for facility employees and longshoremen by the
Commandant of the Coast Guard under Coast Guard Notice USCG-
2006-24189 (71 Fed. Reg. 25066 (April 8, 2006)).
SEC. 1521. RAILROAD EMPLOYEE PROTECTIONS.
Section 20109 of title 49, United States Code, is amended
to read:
``SEC. 20109. EMPLOYEE PROTECTIONS.
``(a) In General.--A railroad carrier engaged in interstate
or foreign commerce, a contractor or a subcontractor of such a
railroad carrier, or an officer or employee of such a railroad
carrier, may not discharge, demote, suspend, reprimand, or in
any other way discriminate against an employee if such
discrimination is due, in whole or in part, to the employee's
lawful, good faith act done, or perceived by the employer to
have been done or about to be done--
``(1) to provide information, directly cause
information to be provided, or otherwise directly
assist in any investigation regarding any conduct which
the employee reasonably believes constitutes a
violation of any Federal law, rule, or regulation
relating to railroad safety or security, or gross
fraud, waste, or abuse of Federal grants or other
public funds intended to be used for railroad safety or
security, if the information or assistance is provided
to or an investigation stemming from the provided
information is conducted by--
``(A) a Federal, State, or local regulatory
or law enforcement agency (including an office
of the Inspector General under the Inspector
General Act of 1978 (5 U.S.C. App.; Public Law
95-452);
``(B) any Member of Congress, any committee
of Congress, or the Government Accountability
Office; or
``(C) a person with supervisory authority
over the employee or such other person who has
the authority to investigate, discover, or
terminate the misconduct;
``(2) to refuse to violate or assist in the
violation of any Federal law, rule, or regulation
relating to railroad safety or security;
``(3) to file a complaint, or directly cause to be
brought a proceeding related to the enforcement of this
part or, as applicable to railroad safety or security,
chapter 51 or 57 of this title, or to testify in that
proceeding;
``(4) to notify, or attempt to notify, the railroad
carrier or the Secretary of Transportation of a work-
related personal injury or work-related illness of an
employee;
``(5) to cooperate with a safety or security
investigation by the Secretary of Transportation, the
Secretary of Homeland Security, or the National
Transportation Safety Board;
``(6) to furnish information to the Secretary of
Transportation, the Secretary of Homeland Security, the
National Transportation Safety Board, or any Federal,
State, or local regulatory or law enforcement agency as
to the facts relating to any accident or incident
resulting in injury or death to an individual or damage
to property occurring in connection with railroad
transportation; or
``(7) to accurately report hours on duty pursuant
to chapter 211.
``(b) Hazardous Safety or Security Conditions.--(1) A
railroad carrier engaged in interstate or foreign commerce, or
an officer or employee of such a railroad carrier, shall not
discharge, demote, suspend, reprimand, or in any other way
discriminate against an employee for--
``(A) reporting, in good faith, a hazardous safety
or security condition;
``(B) refusing to work when confronted by a
hazardous safety or security condition related to the
performance of the employee's duties, if the conditions
described in paragraph (2) exist; or
``(C) refusing to authorize the use of any safety-
related equipment, track, or structures, if the
employee is responsible for the inspection or repair of
the equipment, track, or structures, when the employee
believes that the equipment, track, or structures are
in a hazardous safety or security condition, if the
conditions described in paragraph (2) exist.
``(2) A refusal is protected under paragraph (1)(B) and (C)
if--
``(A) the refusal is made in good faith and no
reasonable alternative to the refusal is available to
the employee;
``(B) a reasonable individual in the circumstances
then confronting the employee would conclude that--
``(i) the hazardous condition presents an
imminent danger of death or serious injury; and
``(ii) the urgency of the situation does
not allow sufficient time to eliminate the
danger without such refusal; and
``(C) the employee, where possible, has notified
the railroad carrier of the existence of the hazardous
condition and the intention not to perform further
work, or not to authorize the use of the hazardous
equipment, track, or structures, unless the condition
is corrected immediately or the equipment, track, or
structures are repaired properly or replaced.
``(3) In this subsection, only paragraph (1)(A) shall apply
to security personnel employed by a railroad carrier to protect
individuals and property transported by railroad.
``(c) Enforcement Action.--
``(1) In general.--An employee who alleges
discharge, discipline, or other discrimination in
violation of subsection (a) or (b) of this section, may
seek relief in accordance with the provisions of this
section, with any petition or other request for relief
under this section to be initiated by filing a
complaint with the Secretary of Labor.
``(2) Procedure.--
``(A) In general.--Any action under
paragraph (1) shall be governed under the rules
and procedures set forth in section 42121(b),
including:
``(i) Burdens of proof.--Any action
brought under (c)(1) shall be governed
by the legal burdens of proof set forth
in section 42121(b).
``(ii) Statute of limitations.--An
action under paragraph (1) shall be
commenced not later than 180 days after
the date on which the alleged violation
of subsection (a) or (b) of this
section occurs.
``(iii) Civil actions to enforce.--
If a person fails to comply with an
order issued by the Secretary of Labor
pursuant to the procedures in section
42121(b), the Secretary of Labor may
bring a civil action to enforce the
order in the district court of the
United States for the judicial district
in which the violation occurred, as set
forth in 42121.
``(B) Exception.--Notification made under
section 42121(b)(1) shall be made to the person
named in the complaint and the person's
employer.
``(3) De novo review.--With respect to a complaint
under paragraph (1), if the Secretary of Labor has not
issued a final decision within 210 days after the
filing of the complaint and if the delay is not due to
the bad faith of the employee, the employee may bring
an original action at law or equity for de novo review
in the appropriate district court of the United States,
which shall have jurisdiction over such an action
without regard to the amount in controversy, and which
action shall, at the request of either party to such
action, be tried by the court with a jury.
``(4) Appeals.--Any person adversely affected or
aggrieved by an order issued pursuant to the procedures
in section 42121(b), may obtain review of the order in
the United States court of appeals for the circuit in
which the violation, with respect to which the order
was issued, allegedly occurred or the circuit in which
the complainant resided on the date of such violation.
The petition for review must be filed not later than 60
days after the date of the issuance of the final order
of the Secretary of Labor. The review shall conform to
chapter 7 of title 5. The commencement of proceedings
under this paragraph shall not, unless ordered by the
court, operate as a stay of the order.
``(d) Remedies.--
``(1) In general.--An employee prevailing in any
action under subsection (c) shall be entitled to all
relief necessary to make the employee whole.
``(2) Damages.--Relief in an action under
subsection (c) (including an action described in
subsection (c)(3)) shall include--
``(A) reinstatement with the same seniority
status that the employee would have had, but
for the discrimination;
``(B) any backpay, with interest; and
``(C) compensatory damages, including
compensation for any special damages sustained
as a result of the discrimination, including
litigation costs, expert witness fees, and
reasonable attorney fees.
``(3) Possible relief.--Relief in any action under
subsection (c) may include punitive damages in an
amount not to exceed $250,000.
``(e) Election of Remedies.--An employee may not seek
protection under both this section and another provision of law
for the same allegedly unlawful act of the railroad carrier.
``(f) No Preemption.--Nothing in this section preempts or
diminishes any other safeguards against discrimination,
demotion, discharge, suspension, threats, harassment,
reprimand, retaliation, or any other manner of discrimination
provided by Federal or State law.
``(g) Rights Retained by Employee.--Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies
of any employee under any Federal or State law or under any
collective bargaining agreement. The rights and remedies in
this section may not be waived by any agreement, policy, form,
or condition of employment.
``(h) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the
employee, the Secretary of Transportation or the
Secretary of Homeland Security may not disclose the
name of an employee of a railroad carrier who has
provided information about an alleged violation of this
part or, as applicable to railroad safety or security,
chapter 51 or 57 of this title, or a regulation
prescribed or order issued under any of those
provisions.
``(2) The Secretary of Transportation or the
Secretary of Homeland Security shall disclose to the
Attorney General the name of an employee described in
paragraph (1) if the matter is referred to the Attorney
General for enforcement. The Secretary making such
disclosures shall provide reasonable advance notice to
the affected employee if disclosure of that person's
identity or identifying information is to occur.
``(i) Process for Reporting Security Problems to the
Department of Homeland Security.--
``(1) Establishment of process.--The Secretary of
Homeland Security shall establish through regulations,
after an opportunity for notice and comment, a process
by which any person may report to the Secretary of
Homeland Security regarding railroad security problems,
deficiencies, or vulnerabilities.
``(2) Acknowledgment of receipt.--If a report
submitted under paragraph (1) identifies the person
making the report, the Secretary of Homeland Security
shall respond promptly to such person and acknowledge
receipt of the report.
``(3) Steps to address problem.--The Secretary of
Homeland Security shall review and consider the
information provided in any report submitted under
paragraph (1) and shall take appropriate steps to
address any problems or deficiencies identified.''.
SEC. 1522. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS.
(a) Definitions.--In this section, the following
definitions apply:
(1) Security background check.--The term ``security
background check'' means reviewing, for the purpose of
identifying individuals who may pose a threat to
transportation security or national security, or of
terrorism--
(A) relevant criminal history databases;
(B) in the case of an alien (as defined in
the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)), the relevant databases to
determine the status of the alien under the
immigration laws of the United States; and
(C) other relevant information or
databases, as determined by the Secretary.
(2) Covered individual.--The term ``covered
individual'' means an employee of a railroad carrier or
a contractor or subcontractor of a railroad carrier.
(b) Guidance.--
(1) Any guidance, recommendations, suggested action
items, or any other widely disseminated voluntary
action items issued by the Secretary to a railroad
carrier or a contractor or subcontractor of a railroad
carrier relating to performing a security background
check of a covered individual shall contain
recommendations on the appropriate scope and
application of such a security background check,
including the time period covered, the types of
disqualifying offenses, and a redress process for
adversely impacted covered individuals consistent with
subsections (c) and (d) of this section.
(2) Within 60 days after the date of enactment of
this Act, any guidance, recommendations, suggested
action items, or any other widely disseminated
voluntary action item issued by the Secretary prior to
the date of enactment of this Act to a railroad carrier
or a contractor or subcontractor of a railroad carrier
relating to performing a security background check of a
covered individual shall be updated in compliance with
paragraph (1).
(3) If a railroad carrier or a contractor or
subcontractor of a railroad carrier performs a security
background check on a covered individual to fulfill
guidance issued by the Secretary under paragraph (1) or
(2), the Secretary shall not consider such guidance
fulfilled unless an adequate redress process as
described in subsection (d) is provided to covered
individuals.
(c) Requirements.--If the Secretary issues a rule,
regulation, or directive requiring a railroad carrier or
contractor or subcontractor of a railroad carrier to perform a
security background check of a covered individual, then the
Secretary shall prohibit the railroad carrier or contractor or
subcontractor of a railroad carrier from making an adverse
employment decision, including removal or suspension of the
covered individual, due to such rule, regulation, or directive
with respect to a covered individual unless the railroad
carrier or contractor or subcontractor of a railroad carrier
determines that the covered individual--
(1) has been convicted of, has been found not
guilty by reason of insanity, or is under want,
warrant, or indictment for a permanent disqualifying
criminal offense listed in part 1572 of title 49, Code
of Federal Regulations;
(2) was convicted of or found not guilty by reason
of insanity of an interim disqualifying criminal
offense listed in part 1572 of title 49, Code of
Federal Regulations, within 7 years of the date that
the railroad carrier or contractor or subcontractor of
a railroad carrier performs the security background
check; or
(3) was incarcerated for an interim disqualifying
criminal offense listed in part 1572 of title 49, Code
of Federal Regulations, and released from incarceration
within 5 years of the date that the railroad carrier or
contractor or subcontractor of a railroad carrier
performs the security background check.
(d) Redress Process.--If the Secretary issues a rule,
regulation, or directive requiring a railroad carrier or
contractor or subcontractor of a railroad carrier to perform a
security background check of a covered individual, the
Secretary shall--
(1) provide an adequate redress process for a
covered individual subjected to an adverse employment
decision, including removal or suspension of the
employee, due to such rule, regulation, or directive
that is consistent with the appeals and waiver process
established for applicants for commercial motor vehicle
hazardous materials endorsements and transportation
employees at ports, as required by section 70105(c) of
title 46, United States Code; and
(2) have the authority to order an appropriate
remedy, including reinstatement of the covered
individual, should the Secretary determine that a
railroad carrier or contractor or subcontractor of a
railroad carrier wrongfully made an adverse employment
decision regarding a covered individual pursuant to
such rule, regulation, or directive.
(e) False Statements.--A railroad carrier or a contractor
or subcontractor of a railroad carrier may not knowingly
misrepresent to an employee or other relevant person, including
an arbiter involved in a labor arbitration, the scope,
application, or meaning of any rules, regulations, directives,
or guidance issued by the Secretary related to security
background check requirements for covered individuals when
conducting a security background check. Not later than 1 year
after the date of enactment of this Act, the Secretary shall
issue a regulation that prohibits a railroad carrier or a
contractor or subcontractor of a railroad carrier from
knowingly misrepresenting to an employee or other relevant
person, including an arbiter involved in a labor arbitration,
the scope, application, or meaning of any rules, regulations,
directives, or guidance issued by the Secretary related to
security background check requirements for covered individuals
when conducting a security background check.
(f) Rights and Responsibilities.--Nothing in this section
shall be construed to abridge a railroad carrier's or a
contractor or subcontractor of a railroad carrier's rights or
responsibilities to make adverse employment decisions permitted
by other Federal, State, or local laws. Nothing in the section
shall be construed to abridge rights and responsibilities of
covered individuals, a railroad carrier, or a contractor or
subcontractor of a railroad carrier, under any other Federal,
State, or local laws or under any collective bargaining
agreement.
(g) No Preemption of Federal or State Law.--Nothing in this
section shall be construed to preempt a Federal, State, or
local law that requires criminal history background checks,
immigration status checks, or other background checks, of
covered individuals.
(h) Statutory Construction.--Nothing in this section shall
be construed to affect the process for review established under
section 70105(c) of title 46, United States Code, including
regulations issued pursuant to such section.
SEC. 1523. NORTHERN BORDER RAILROAD PASSENGER REPORT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator of the Transportation Security Administration,
the Secretary of Transportation, heads of other appropriate
Federal departments and agencies and Amtrak shall transmit a
report to the appropriate congressional committees that
contains--
(1) a description of the current system for
screening passengers and baggage on passenger railroad
service between the United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United
States and Canada as outlined in ``The Agreement on Air
Transport Preclearance between the Government of Canada
and the Government of the United States of America'',
dated January 18, 2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the
United States and Canada as outlined in the
``Declaration of Principle for the Improved Security of
Rail Shipments by Canadian National Railway and
Canadian Pacific Railway from Canada to the United
States'', dated April 2, 2003;
(4) information on progress by the Department of
Homeland Security and other Federal agencies towards
finalizing a bilateral protocol with Canada that would
provide for preclearance of passengers on trains
operating between the United States and Canada;
(5) a description of legislative, regulatory,
budgetary, or policy barriers within the United States
Government to providing prescreened passenger lists for
railroad passengers traveling between the United States
and Canada to the Department;
(6) a description of the position of the Government
of Canada and relevant Canadian agencies with respect
to preclearance of such passengers;
(7) a draft of any changes in existing Federal law
necessary to provide for prescreening of such
passengers and providing prescreened passenger lists to
the Department; and
(8) an analysis of the feasibility of reinstating
in-transit inspections onboard international Amtrak
trains.
(b) Privacy and Civil Rights and Civil Liberties Issues.--
(1) Consultation.--In preparing the report under
this section, the Secretary shall consult with the
Chief Privacy Officer of the Department and the Officer
for Civil Rights and Civil Liberties of the Department
as appropriate and in accordance with section 222 of
the Homeland Security Act of 2002.
(2) Privacy impact assessments.--In accordance with
sections 222 and 705 of the Homeland Security Act of
2002, the report must contain a privacy impact
assessment conducted by the Chief Privacy Officer and a
review conducted by the Officer for Civil Rights and
Civil Liberties.
SEC. 1524. INTERNATIONAL RAILROAD SECURITY PROGRAM.
(a) In General.--
(1) The Secretary shall develop a system to detect
both undeclared passengers and contraband, with a
primary focus on the detection of nuclear and
radiological materials entering the United States by
railroad.
(2) System requirements.--In developing the system
under paragraph (1), the Secretary may, in consultation
with the Domestic Nuclear Detection Office, Customs and
Border Protection, and the Transportation Security
Administration--
(A) deploy radiation detection equipment
and nonintrusive imaging equipment at locations
where railroad shipments cross an international
border to enter the United States;
(B) consider the integration of radiation
detection technologies with other nonintrusive
inspection technologies where feasible;
(C) ensure appropriate training,
operations, and response protocols are
established for Federal, State, and local
personnel;
(D) implement alternative procedures to
check railroad shipments at locations where the
deployment of nonintrusive inspection imaging
equipment is determined to not be practicable;
(E) ensure, to the extent practicable, that
such technologies deployed can detect
terrorists or weapons, including weapons of
mass destruction; and
(F) take other actions, as appropriate, to
develop the system.
(b) Additional Information.--The Secretary shall--
(1) identify and seek the submission of additional
data elements for improved high-risk targeting related
to the movement of cargo through the international
supply chain utilizing a railroad prior to importation
into the United States;
(2) utilize data collected and maintained by the
Secretary of Transportation in the targeting of high-
risk cargo identified under paragraph (1); and
(3) analyze the data provided in this subsection to
identify high-risk cargo for inspection.
(c) Report to Congress.--Not later than September 30, 2008,
the Secretary shall transmit to the appropriate congressional
committees a report that describes the progress of the system
being developed under subsection (a).
(d) Definitions.--In this section:
(1) International supply chain.--The term
``international supply chain'' means the end-to-end
process for shipping goods to or from the United
States, beginning at the point of origin (including
manufacturer, supplier, or vendor) through a point of
distribution to the destination.
(2) Radiation detection equipment.--The term
``radiation detection equipment'' means any technology
that is capable of detecting or identifying nuclear and
radiological material or nuclear and radiological
explosive devices.
(3) Inspection.--The term ``inspection'' means the
comprehensive process used by Customs and Border
Protection to assess goods entering the United States
to appraise them for duty purposes, to detect the
presence of restricted or prohibited items, and to
ensure compliance with all applicable laws.
SEC. 1525. TRANSMISSION LINE REPORT.
(a) Study.--The Comptroller General shall undertake an
assessment of the placement of high-voltage, direct-current,
electric transmission lines along active railroad and other
transportation rights-of-way. In conducting the assessment, the
Comptroller General shall evaluate any economic, safety, and
security risks and benefits to inhabitants living adjacent to
such rights-of-way and to consumers of electric power
transmitted by such transmission lines.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Comptroller General shall transmit
the results of the assessment in subsection (a) to the
appropriate congressional committees.
SEC. 1526. RAILROAD SECURITY ENHANCEMENTS.
(a) Railroad Police Officers.--Section 28101 of title 49,
United States Code, is amended--
(1) by inserting ``(a) In General.--'' before
``Under''; and
(2) by adding at the end the following:
``(b) Assignment.--A railroad police officer employed by a
railroad carrier and certified or commissioned as a police
officer under the laws of a State may be temporarily assigned
to assist a second railroad carrier in carrying out law
enforcement duties upon the request of the second railroad
carrier, at which time the police officer shall be considered
to be an employee of the second railroad carrier and shall have
authority to enforce the laws of any jurisdiction in which the
second railroad carrier owns property to the same extent as
provided in subsection (a).''.
(b) Model State Legislation.--Not later than November 2,
2007, the Secretary of Transportation shall develop and make
available to States model legislation to address the problem of
entities that claim to be railroad carriers in order to
establish and run a police force when the entities do not in
fact provide railroad transportation. In developing the model
State legislation the Secretary shall solicit the input of the
States, railroads carriers, and railroad carrier employees. The
Secretary shall review and, if necessary, revise such model
State legislation periodically.
SEC. 1527. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CERTAIN AMTRAK
CONTRACTS.
Section 24301 of title 49, United States Code, is amended
by adding at the end the following:
``(o) Applicability of District of Columbia Law.--Any lease
or contract entered into between Amtrak and the State of
Maryland, or any department or agency of the State of Maryland,
after the date of the enactment of this subsection shall be
governed by the laws of the District of Columbia.''.
SEC. 1528. RAILROAD PREEMPTION CLARIFICATION.
Section 20106 of title 49, United States Code, is amended
to read as follows:
``Sec. 20106. Preemption
``(a) National Uniformity of Regulation.--(1) Laws,
regulations, and orders related to railroad safety and laws,
regulations, and orders related to railroad security shall be
nationally uniform to the extent practicable.
``(2) A State may adopt or continue in force a law,
regulation, or order related to railroad safety or security
until the Secretary of Transportation (with respect to railroad
safety matters), or the Secretary of Homeland Security (with
respect to railroad security matters), prescribes a regulation
or issues an order covering the subject matter of the State
requirement. A State may adopt or continue in force an
additional or more stringent law, regulation, or order related
to railroad safety or security when the law, regulation, or
order--
``(A) is necessary to eliminate or reduce an
essentially local safety or security hazard;
``(B) is not incompatible with a law, regulation,
or order of the United States Government; and
``(C) does not unreasonably burden interstate
commerce.
``(b) Clarification Regarding State Law Causes of Action.--
(1) Nothing in this section shall be construed to preempt an
action under State law seeking damages for personal injury,
death, or property damage alleging that a party--
``(A) has failed to comply with the Federal
standard of care established by a regulation or order
issued by the Secretary of Transportation (with respect
to railroad safety matters), or the Secretary of
Homeland Security (with respect to railroad security
matters), covering the subject matter as provided in
subsection (a) of this section;
``(B) has failed to comply with its own plan, rule,
or standard that it created pursuant to a regulation or
order issued by either of the Secretaries; or
``(C) has failed to comply with a State law,
regulation, or order that is not incompatible with
subsection (a)(2).
``(2) This subsection shall apply to all pending State law
causes of action arising from events or activities occurring on
or after January 18, 2002.
``(c) Jurisdiction.--Nothing in this section creates a
Federal cause of action on behalf of an injured party or
confers Federal question jurisdiction for such State law causes
of action.''.
Subtitle C--Over-the-Road Bus and Trucking Security
SEC. 1531. OVER-THE-ROAD BUS SECURITY ASSESSMENTS AND PLANS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue regulations
that--
(1) require each over-the-road bus operator
assigned to a high-risk tier under this section--
(A) to conduct a vulnerability assessment
in accordance with subsections (c) and (d); and
(B) to prepare, submit to the Secretary for
approval, and implement a security plan in
accordance with subsection (e); and
(2) establish standards and guidelines for
developing and implementing the vulnerability
assessments and security plans for carriers assigned to
high-risk tiers consistent with this section.
(b) Non High-Risk Programs.--The Secretary may establish a
security program for over-the-road bus operators not assigned
to a high-risk tier, including--
(1) guidance for such operators in conducting
vulnerability assessments and preparing and
implementing security plans, as determined appropriate
by the Secretary; and
(2) a process to review and approve such
assessments and plans, as appropriate.
(c) Deadline for Submission.--Not later than 9 months after
the date of issuance of the regulations under subsection (a),
the vulnerability assessments and security plans required by
such regulations for over-the-road bus operators assigned to a
high-risk tier shall be completed and submitted to the
Secretary for review and approval.
(d) Vulnerability Assessments.--
(1) Requirements.--The Secretary shall provide
technical assistance and guidance to over-the-road bus
operators in conducting vulnerability assessments under
this section and shall require that each vulnerability
assessment of an operator assigned to a high-risk tier
under this section includes, as appropriate--
(A) identification and evaluation of
critical assets and infrastructure, including
platforms, stations, terminals, and information
systems;
(B) identification of the vulnerabilities
to those assets and infrastructure; and
(C) identification of weaknesses in--
(i) physical security;
(ii) passenger and cargo security;
(iii) the security of programmable
electronic devices, computers, or other
automated systems which are used in
providing over-the-road bus
transportation;
(iv) alarms, cameras, and other
protection systems;
(v) communications systems and
utilities needed for over-the-road bus
security purposes, including
dispatching systems;
(vi) emergency response planning;
(vii) employee training; and
(viii) such other matters as the
Secretary determines appropriate.
(2) Threat information.--The Secretary shall
provide in a timely manner to the appropriate employees
of an over-the-road bus operator, as designated by the
over-the-road bus operator, threat information that is
relevant to the operator when preparing and submitting
a vulnerability assessment and security plan, including
an assessment of the most likely methods that could be
used by terrorists to exploit weaknesses in over-the-
road bus security.
(e) Security Plans.--
(1) Requirements.--The Secretary shall provide
technical assistance and guidance to over-the-road bus
operators in preparing and implementing security plans
under this section and shall require that each security
plan of an over-the-road bus operator assigned to a
high-risk tier under this section includes, as
appropriate--
(A) the identification of a security
coordinator having authority--
(i) to implement security actions
under the plan;
(ii) to coordinate security
improvements; and
(iii) to receive communications
from appropriate Federal officials
regarding over-the-road bus security;
(B) a list of needed capital and
operational improvements;
(C) procedures to be implemented or used by
the over-the-road bus operator in response to a
terrorist attack, including evacuation and
passenger communication plans that include
individuals with disabilities, as appropriate;
(D) the identification of steps taken with
State and local law enforcement agencies,
emergency responders, and Federal officials to
coordinate security measures and plans for
response to a terrorist attack;
(E) a strategy and timeline for conducting
training under section 1534;
(F) enhanced security measures to be taken
by the over-the-road bus operator when the
Secretary declares a period of heightened
security risk;
(G) plans for providing redundant and
backup systems required to ensure the continued
operation of critical elements of the over-the-
road bus operator's system in the event of a
terrorist attack or other incident; and
(H) such other actions or procedures as the
Secretary determines are appropriate to address
the security of over-the-road bus operators.
(2) Security coordinator requirements.--The
Secretary shall require that the individual serving as
the security coordinator identified in paragraph (1)(A)
is a citizen of the United States. The Secretary may
waive this requirement with respect to an individual if
the Secretary determines that it is appropriate to do
so based on a background check of the individual and a
review of the consolidated terrorist watchlist.
(f) Deadline for Review Process.--Not later than 6 months
after receiving the assessments and plans required under this
section, the Secretary shall--
(1) review each vulnerability assessment and
security plan submitted to the Secretary in accordance
with subsection (c);
(2) require amendments to any security plan that
does not meet the requirements of this section; and
(3) approve any vulnerability assessment or
security plan that meets the requirements of this
section.
(g) Interim Security Measures.--The Secretary may require
over-the-road bus operators, during the period before the
deadline established under subsection (c), to submit a security
plan to implement any necessary interim security measures
essential to providing adequate security of the over-the-road
bus operator's system. An interim plan required under this
subsection shall be superseded by a plan required under
subsection (c).
(h) Tier Assignment.--The Secretary shall assign each over-
the-road bus operator to a risk-based tier established by the
Secretary.
(1) Provision of information.--The Secretary may
request, and an over-the-road bus operator shall
provide, information necessary for the Secretary to
assign an over-the-road bus operator to the appropriate
tier under this subsection.
(2) Notification.--Not later than 60 days after the
date an over-the-road bus operator is assigned to a
tier under this section, the Secretary shall notify the
operator of the tier to which it is assigned and the
reasons for such assignment.
(3) High-risk tiers.--At least one of the tiers
established by the Secretary under this section shall
be a tier designated for high-risk over-the-road bus
operators.
(4) Reassignment.--The Secretary may reassign an
over-the-road bus operator to another tier, as
appropriate, in response to changes in risk and the
Secretary shall notify the over-the-road bus operator
within 60 days after such reassignment and provide the
operator with the reasons for such reassignment.
(i) Existing Procedures, Protocols, and Standards.--
(1) Determination.--In response to a petition by an
over-the-road bus operator or at the discretion of the
Secretary, the Secretary may determine that existing
procedures, protocols, and standards meet all or part
of the requirements of this section regarding
vulnerability assessments and security plans.
(2) Election.--Upon review and written
determination by the Secretary that existing
procedures, protocols, or standards of an over-the-road
bus operator satisfy the requirements of this section,
the over-the-road bus operator may elect to comply with
those procedures, protocols, or standards instead of
the requirements of this section.
(3) Partial approval.--If the Secretary determines
that the existing procedures, protocols, or standards
of an over-the-road bus operator satisfy only part of
the requirements of this section, the Secretary may
accept such submission, but shall require submission by
the operator of any additional information relevant to
the vulnerability assessment and security plan of the
operator to ensure that the remaining requirements of
this section are fulfilled.
(4) Notification.--If the Secretary determines that
particular existing procedures, protocols, or standards
of an over-the-road bus operator under this subsection
do not satisfy the requirements of this section, the
Secretary shall provide to the operator a written
notification that includes an explanation of the
reasons for nonacceptance.
(5) Review.--Nothing in this subsection shall
relieve the Secretary of the obligation--
(A) to review the vulnerability assessment
and security plan submitted by an over-the-road
bus operator under this section; and
(B) to approve or disapprove each
submission on an individual basis.
(j) Periodic Evaluation by Over-the-Road Bus Provider
Required.--
(1) Submission of evaluation.--Not later than 3
years after the date on which a vulnerability
assessment or security plan required to be submitted to
the Secretary under subsection (c) is approved, and at
least once every 5 years thereafter (or on such a
schedule as the Secretary may establish by regulation),
an over-the-road bus operator who submitted a
vulnerability assessment and security plan and who is
still assigned to the high-risk tier shall also submit
to the Secretary an evaluation of the adequacy of the
vulnerability assessment and security plan that
includes a description of any material changes made to
the vulnerability assessment or security plan.
(2) Review of evaluation.--Not later than 180 days
after the date on which an evaluation is submitted, the
Secretary shall review the evaluation and notify the
over-the-road bus operator submitting the evaluation of
the Secretary's approval or disapproval of the
evaluation.
(k) Shared Facilities.--The Secretary may permit under this
section the development and implementation of coordinated
vulnerability assessments and security plans to the extent that
an over-the-road bus operator shares facilities with, or is
colocated with, other transportation entities or providers that
are required to develop vulnerability assessments and security
plans under Federal law.
(l) Nondisclosure of Information.--
(1) Submission of information to congress.--Nothing
in this section shall be construed as authorizing the
withholding of any information from Congress.
(2) Disclosure of independently furnished
information.--Nothing in this section shall be
construed as affecting any authority or obligation of a
Federal agency to disclose any record or information
that the Federal agency obtains from an over-the-road
bus operator under any other Federal law.
SEC. 1532. OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary shall establish a program
for making grants to eligible private operators providing
transportation by an over-the-road bus for security
improvements described in subsection (b).
(b) Uses of Funds.--A recipient of a grant received under
subsection (a) shall use the grant funds for one or more of the
following:
(1) Constructing and modifying terminals, garages,
and facilities, including terminals and other over-the-
road bus facilities owned by State or local
governments, to increase their security.
(2) Modifying over-the-road buses to increase their
security.
(3) Protecting or isolating the driver of an over-
the-road bus.
(4) Acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for
collection, storage, or exchange of passenger and
driver information through ticketing systems or other
means and for information links with government
agencies, for security purposes.
(5) Installing cameras and video surveillance
equipment on over-the-road buses and at terminals,
garages, and over-the-road bus facilities.
(6) Establishing and improving an emergency
communications system linking drivers and over-the-road
buses to the recipient's operations center or linking
the operations center to law enforcement and emergency
personnel.
(7) Implementing and operating passenger screening
programs for weapons and explosives.
(8) Public awareness campaigns for enhanced over-
the-road bus security.
(9) Operating and capital costs associated with
over-the-road bus security awareness, preparedness, and
response training, including training under section
1534 and training developed by institutions of higher
education and by nonprofit employee labor
organizations, for over-the-road bus employees,
including frontline employees.
(10) Chemical, biological, radiological, or
explosive detection, including canine patrols for such
detection.
(11) Overtime reimbursement, including
reimbursement of State, local, and tribal governments
for costs, for enhanced security personnel assigned to
duties related to over-the-road bus security during
periods of high or severe threat levels, National
Special Security Events, or other periods of heightened
security as determined by the Secretary.
(12) Live or simulated exercises, including those
described in section 1533.
(13) Operational costs to hire, train, and employ
police and security officers, including canine units,
assigned to full-time security or counterterrorism
duties related to over-the-road bus transportation,
including reimbursement of State, local, and tribal
government costs for such personnel.
(14) Development of assessments or security plans
under section 1531.
(15) Such other improvements as the Secretary
considers appropriate.
(c) Due Consideration.--In making grants under this
section, the Secretary shall prioritize grant funding based on
security risks to bus passengers and the ability of a project
to reduce, or enhance response to, that risk, and shall not
penalize private operators of over-the-road buses that have
taken measures to enhance over-the-road bus transportation
security prior to September 11, 2001.
(d) Department of Homeland Security Responsibilities.--In
carrying out the responsibilities under subsection (a), the
Secretary shall--
(1) determine the requirements for recipients of
grants under this section, including application
requirements;
(2) select grant recipients;
(3) award the funds authorized by this section
based on risk, as identified by the plans required
under section 1531 or assessment or plan described in
subsection (f)(2); and
(4) pursuant to subsection (c), establish
priorities for the use of funds for grant recipients.
(e) Distribution of Grants.--Not later than 90 days after
the date of enactment of this Act, the Secretary and the
Secretary of Transportation shall determine the most effective
and efficient way to distribute grant funds to the recipients
of grants determined by the Secretary under subsection (a).
Subject to the determination made by the Secretaries, the
Secretary may transfer funds to the Secretary of Transportation
for the purposes of disbursing funds to the grant recipient.
(f) Eligibility.--
(1) A private operator providing transportation by
an over-the-road bus is eligible for a grant under this
section if the operator has completed a vulnerability
assessment and developed a security plan that the
Secretary has approved under section 1531. Grant funds
may only be used for permissible uses under subsection
(b) to further an over-the-road bus security plan.
(2) Notwithstanding the requirements for
eligibility and uses in paragraph (1), prior to the
earlier of one year after the date of issuance of final
regulations requiring vulnerability assessments and
security plans under section 1531 or 3 years after the
date of enactment of this Act, the Secretary may award
grants under this section for over-the-road bus
security improvements listed under subsection (b) based
upon over-the-road bus vulnerability assessments and
security plans that the Secretary deems are sufficient
for the purposes of this section but have not been
approved by the Secretary in accordance with section
1531.
(g) Subject to Certain Terms and Conditions.--Except as
otherwise specifically provided in this section, a grant made
under this section shall be subject to the terms and conditions
applicable to subrecipients who provide over-the-road bus
transportation under section 5311(f) of title 49, United States
Code, and such other terms and conditions as are determined
necessary by the Secretary.
(h) Limitation on Uses of Funds.--A grant made under this
section may not be used to make any State or local government
cost-sharing contribution under any other Federal law.
(i) Annual Reports.--Each recipient of a grant under this
section shall report annually to the Secretary and on the use
of such grant funds.
(j) Consultation.--In carrying out this section, the
Secretary shall consult with over-the-road bus operators and
nonprofit employee labor organizations representing over-the-
road bus employees, public safety and law enforcement
officials.
(k) Authorization.--
(1) In general.--From the amounts appropriated
pursuant to section 114(w) of title 49, United States
Code, as amended by section 1503 of this Act, there
shall be made available to the Secretary to make grants
under this section--
(A) $12,000,000 for fiscal year 2008;
(B) $25,000,000 for fiscal year 2009;
(C) $25,000,000 for fiscal year 2010; and
(D) $25,000,000 for fiscal year 2011.
(2) Period of availability.--Sums appropriated to
carry out this section shall remain available until
expended.
SEC. 1533. OVER-THE-ROAD BUS EXERCISES.
(a) In General.--The Secretary shall establish a program
for conducting security exercises for over-the-road bus
transportation for the purpose of assessing and improving the
capabilities of entities described in subsection (b) to
prevent, prepare for, mitigate, respond to, and recover from
acts of terrorism.
(b) Covered Entities.--Entities to be assessed under the
program shall include--
(1) Federal, State, and local agencies and tribal
governments;
(2) over-the-road bus operators and over-the-road
bus terminal owners and operators;
(3) governmental and nongovernmental emergency
response providers and law enforcement agencies; and
(4) any other organization or entity that the
Secretary determines appropriate.
(c) Requirements.--The Secretary shall ensure that the
program--
(1) consolidates existing security exercises for
over-the-road bus operators and terminals administered
by the Department and the Department of Transportation,
as jointly determined by the Secretary and the
Secretary of Transportation, unless the Secretary
waives this consolidation requirement, as appropriate;
(2) consists of exercises that are--
(A) scaled and tailored to the needs of the
over-the-road bus operators and terminals,
including addressing the needs of the elderly
and individuals with disabilities;
(B) live, in the case of the most at-risk
facilities to a terrorist attack;
(C) coordinated with appropriate officials;
(D) as realistic as practicable and based
on current risk assessments, including credible
threats, vulnerabilities, and consequences;
(E) inclusive, as appropriate, of over-the-
road bus frontline employees; and
(F) consistent with the National Incident
Management System, the National Response Plan,
the National Infrastructure Protection Plan,
the National Preparedness Guidance, the
National Preparedness Goal, and other such
national initiatives;
(3) provides that exercises described in paragraph
(2) will be--
(A) evaluated by the Secretary against
clear and consistent performance measures;
(B) assessed by the Secretary to identify
best practices, which shall be shared, as
appropriate, with operators providing over-the-
road bus transportation, nonprofit employee
organizations that represent over-the-road bus
employees, Federal, State, local, and tribal
officials, governmental and nongovernmental
emergency response providers, and law
enforcement personnel; and
(C) used to develop recommendations, as
appropriate, provided to over-the-road bus
operators and terminal owners and operators on
remedial action to be taken in response to
lessons learned;
(4) allows for proper advanced notification of
communities and local governments in which exercises
are held, as appropriate; and
(5) assists State, local, and tribal governments
and over-the-road bus operators and terminal owners and
operators in designing, implementing, and evaluating
additional exercises that conform to the requirements
of paragraph (2).
(d) National Exercise Program.--The Secretary shall ensure
that the exercise program developed under subsection (c) is
consistent with the National Exercise Program established under
section 648 of the Post Katrina Emergency Management Reform Act
(Public Law 109-295; 6 U.S.C. 748).
SEC. 1534. OVER-THE-ROAD BUS SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall develop and issue
regulations for an over-the-road bus training program to
prepare over-the-road bus frontline employees for potential
security threats and conditions. The regulations shall take
into consideration any current security training requirements
or best practices.
(b) Consultation.--The Secretary shall develop regulations
under subsection (a) in consultation with--
(1) appropriate law enforcement, fire service,
emergency response, security, and terrorism experts;
(2) operators providing over-the-road bus
transportation; and
(3) nonprofit employee labor organizations
representing over-the-road bus employees and emergency
response personnel.
(c) Program Elements.--The regulations developed under
subsection (a) shall require security training programs, to
include, at a minimum, elements to address the following, as
applicable:
(1) Determination of the seriousness of any
occurrence or threat.
(2) Driver and passenger communication and
coordination.
(3) Appropriate responses to defend or protect
oneself.
(4) Use of personal and other protective equipment.
(5) Evacuation procedures for passengers and over-
the-road bus employees, including individuals with
disabilities and the elderly.
(6) Psychology, behavior, and methods of
terrorists, including observation and analysis.
(7) Training related to psychological responses to
terrorist incidents, including the ability to cope with
hijacker behavior and passenger responses.
(8) Live situational training exercises regarding
various threat conditions, including tunnel evacuation
procedures.
(9) Recognition and reporting of dangerous
substances, suspicious packages, and situations.
(10) Understanding security incident procedures,
including procedures for communicating with emergency
response providers and for on-scene interaction with
such emergency response providers.
(11) Operation and maintenance of security
equipment and systems.
(12) Other security training activities that the
Secretary considers appropriate.
(d) Required Programs.--
(1) Development and submission to secretary.--Not
later than 90 days after the Secretary issues the
regulations under subsection (a), each over-the-road
bus operator shall develop a security training program
in accordance with such regulations and submit the
program to the Secretary for approval.
(2) Approval.--Not later than 60 days after
receiving a security training program under this
subsection, the Secretary shall approve the program or
require the over-the-road bus operator that developed
the program to make any revisions to the program that
the Secretary considers necessary for the program to
meet the requirements of the regulations. An over-the-
road bus operator shall respond to the Secretary's
comments not later than 30 days after receiving them.
(3) Training.--Not later than 1 year after the
Secretary approves a security training program in
accordance with this subsection, the over-the-road bus
operator that developed the program shall complete the
training of all over-the-road bus frontline employees
who were hired by the operator more than 30 days
preceding such date. For such employees employed less
than 30 days by an operator preceding such date,
training shall be completed within the first 60 days of
employment.
(4) Updates of regulations and program revisions.--
The Secretary shall periodically review and update, as
appropriate, the training regulations issued under
subsection (a) to reflect new or changing security
threats. Each over-the-road bus operator shall revise
its training program accordingly and provide additional
training as necessary to its employees within a
reasonable time after the regulations are updated.
(e) National Training Program.--The Secretary shall ensure
that the training program developed under subsection (a) is a
component of the National Training Program established under
section 648 of the Post Katrina Emergency Management Reform Act
(Public Law 109-295; 6 U.S.C. 748).
(f) Reporting Requirements.--Not later than 2 years after
the date of regulation issuance, the Secretary shall review
implementation of the training program of a representative
sample of over-the-road bus operators and over-the-road bus
frontline employees, and report to the appropriate
congressional committees of such reviews. The Secretary may
submit the report in both classified and redacted formats as
necessary.
SEC. 1535. OVER-THE-ROAD BUS SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary, acting through the Under Secretary for Science and
Technology and the Administrator of the Transportation Security
Administration, shall carry out a research and development
program for the purpose of improving the security of over-the-
road buses.
(b) Eligible Projects.--The research and development
program may include projects--
(1) to reduce the vulnerability of over-the-road
buses, stations, terminals, and equipment to explosives
and hazardous chemical, biological, and radioactive
substances, including the development of technology to
screen passengers in large numbers with minimal
interference and disruption;
(2) to test new emergency response and recovery
techniques and technologies, including those used at
international borders;
(3) to develop improved technologies, including
those for--
(A) emergency response training, including
training in a tunnel environment, if
appropriate; and
(B) security and redundancy for critical
communications, electrical power, computer, and
over-the-road bus control systems; and
(4) to address other vulnerabilities and risks
identified by the Secretary.
(c) Coordination With Other Research Initiatives.--The
Secretary--
(1) shall ensure that the research and development
program is consistent with the other transportation
security research and development programs required by
this Act;
(2) shall, to the extent practicable, coordinate
the research and development activities of the
Department with other ongoing research and development
security-related initiatives, including research being
conducted by--
(A) the Department of Transportation,
including University Transportation Centers and
other institutes, centers, and simulators
funded by the Department of Transportation;
(B) the National Academy of Sciences;
(C) the Technical Support Working Group;
(D) other Federal departments and agencies;
and
(E) other Federal and private research
laboratories, research entities, and
institutions of higher education, including
Historically Black Colleges and Universities,
Hispanic Serving Institutions, and Indian
Tribally Controlled Colleges and Universities;
(3) shall carry out any research and development
project authorized by this section through a
reimbursable agreement with an appropriate Federal
agency, if the agency--
(A) is currently sponsoring a research and
development project in a similar area; or
(B) has a unique facility or capability
that would be useful in carrying out the
project;
(4) may award grants and enter into cooperative
agreements, contracts, other transactions, or
reimbursable agreements to the entities described in
paragraph (2) and eligible recipients under section
1532; and
(5) shall make reasonable efforts to enter into
memoranda of understanding, contracts, grants,
cooperative agreements, or other transactions with
private operators providing over-the-road bus
transportation willing to contribute assets, physical
space, and other resources.
(d) Privacy and Civil Rights and Civil Liberties Issues.--
(1) Consultation.--In carrying out research and
development projects under this section, the Secretary
shall consult with the Chief Privacy Officer of the
Department and the Officer for Civil Rights and Civil
Liberties of the Department as appropriate and in
accordance with section 222 of the Homeland Security
Act of 2002.
(2) Privacy impact assessments.--In accordance with
sections 222 and 705 of the Homeland Security Act of
2002, the Chief Privacy Officer shall conduct privacy
impact assessments and the Officer for Civil Rights and
Civil Liberties shall conduct reviews, as appropriate,
for research and development initiatives developed
under this section that the Secretary determines could
have an impact on privacy, civil rights, or civil
liberties.
(e) Authorization of Appropriations.--
(1) In general.--From the amounts appropriated
pursuant to section 114(w) of title 49, United States
Code, as amended by section 1503 of this Act, there
shall be made available to the Secretary to carry out
this section--
(A) $2,000,000 for fiscal year 2008;
(B) $2,000,000 for fiscal year 2009;
(C) $2,000,000 for fiscal year 2010; and
(D) $2,000,000 for fiscal year 2011.
(2) Period of availability.--Such sums shall remain
available until expended.
SEC. 1536. MOTOR CARRIER EMPLOYEE PROTECTIONS.
Section 31105 of title 49, United States Code, is amended
to read:
``(a) Prohibitions.--(1) A person may not discharge an
employee, or discipline or discriminate against an employee
regarding pay, terms, or privileges of employment, because--
``(A)(i) the employee, or another person at the
employee's request, has filed a complaint or begun a
proceeding related to a violation of a commercial motor
vehicle safety or security regulation, standard, or
order, or has testified or will testify in such a
proceeding; or
``(ii) the person perceives that the employee has
filed or is about to file a complaint or has begun or
is about to begin a proceeding related to a violation
of a commercial motor vehicle safety or security
regulation, standard, or order;
``(B) the employee refuses to operate a vehicle
because--
``(i) the operation violates a regulation,
standard, or order of the United States related
to commercial motor vehicle safety, health, or
security; or
``(ii) the employee has a reasonable
apprehension of serious injury to the employee
or the public because of the vehicle's
hazardous safety or security condition;
``(C) the employee accurately reports hours on duty
pursuant to chapter 315;
``(D) the employee cooperates, or the person
perceives that the employee is about to cooperate, with
a safety or security investigation by the Secretary of
Transportation, the Secretary of Homeland Security, or
the National Transportation Safety Board; or
``(E) the employee furnishes, or the person
perceives that the employee is or is about to furnish,
information to the Secretary of Transportation, the
Secretary of Homeland Security, the National
Transportation Safety Board, or any Federal, State, or
local regulatory or law enforcement agency as to the
facts relating to any accident or incident resulting in
injury or death to an individual or damage to property
occurring in connection with commercial motor vehicle
transportation.
``(2) Under paragraph (1)(B)(ii) of this subsection, an
employee's apprehension of serious injury is reasonable only if
a reasonable individual in the circumstances then confronting
the employee would conclude that the hazardous safety or
security condition establishes a real danger of accident,
injury, or serious impairment to health. To qualify for
protection, the employee must have sought from the employer,
and been unable to obtain, correction of the hazardous safety
or security condition.
``(b) Filing Complaints and Procedures.--(1) An employee
alleging discharge, discipline, or discrimination in violation
of subsection (a) of this section, or another person at the
employee's request, may file a complaint with the Secretary of
Labor not later than 180 days after the alleged violation
occurred. All complaints initiated under this section shall be
governed by the legal burdens of proof set forth in section
42121(b). On receiving the complaint, the Secretary of Labor
shall notify, in writing, the person alleged to have committed
the violation of the filing of the complaint.
``(2)(A) Not later than 60 days after receiving a
complaint, the Secretary of Labor shall conduct an
investigation, decide whether it is reasonable to believe the
complaint has merit, and notify, in writing, the complainant
and the person alleged to have committed the violation of the
findings. If the Secretary of Labor decides it is reasonable to
believe a violation occurred, the Secretary of Labor shall
include with the decision findings and a preliminary order for
the relief provided under paragraph (3) of this subsection.
``(B) Not later than 30 days after the notice under
subparagraph (A) of this paragraph, the complainant and the
person alleged to have committed the violation may file
objections to the findings or preliminary order, or both, and
request a hearing on the record. The filing of objections does
not stay a reinstatement ordered in the preliminary order. If a
hearing is not requested within the 30 days, the preliminary
order is final and not subject to judicial review.
``(C) A hearing shall be conducted expeditiously. Not later
than 120 days after the end of the hearing, the Secretary of
Labor shall issue a final order. Before the final order is
issued, the proceeding may be ended by a settlement agreement
made by the Secretary of Labor, the complainant, and the person
alleged to have committed the violation.
``(3)(A) If the Secretary of Labor decides, on the basis of
a complaint, a person violated subsection (a) of this section,
the Secretary of Labor shall order the person to--
``(i) take affirmative action to abate the
violation;
``(ii) reinstate the complainant to the
former position with the same pay and terms and
privileges of employment; and
``(iii) pay compensatory damages, including
backpay with interest and compensation for any
special damages sustained as a result of the
discrimination, including litigation costs,
expert witness fees, and reasonable attorney
fees.
``(B) If the Secretary of Labor issues an order under
subparagraph (A) of this paragraph and the complainant
requests, the Secretary of Labor may assess against the person
against whom the order is issued the costs (including attorney
fees) reasonably incurred by the complainant in bringing the
complaint. The Secretary of Labor shall determine the costs
that reasonably were incurred.
``(C) Relief in any action under subsection (b) may include
punitive damages in an amount not to exceed $250,000.
``(c) De Novo Review.--With respect to a complaint under
paragraph (1), if the Secretary of Labor has not issued a final
decision within 210 days after the filing of the complaint and
if the delay is not due to the bad faith of the employee, the
employee may bring an original action at law or equity for de
novo review in the appropriate district court of the United
States, which shall have jurisdiction over such an action
without regard to the amount in controversy, and which action
shall, at the request of either party to such action, be tried
by the court with a jury.
``(d) Judicial Review and Venue.--A person adversely
affected by an order issued after a hearing under subsection
(b) of this section may file a petition for review, not later
than 60 days after the order is issued, in the court of appeals
of the United States for the circuit in which the violation
occurred or the person resided on the date of the violation.
Review shall conform to chapter 7 of title 5. The review shall
be heard and decided expeditiously. An order of the Secretary
of Labor subject to review under this subsection is not subject
to judicial review in a criminal or other civil proceeding.
``(e) Civil Actions To Enforce.--If a person fails to
comply with an order issued under subsection (b) of this
section, the Secretary of Labor shall bring a civil action to
enforce the order in the district court of the United States
for the judicial district in which the violation occurred.
``(f) No Preemption.--Nothing in this section preempts or
diminishes any other safeguards against discrimination,
demotion, discharge, suspension, threats, harassment,
reprimand, retaliation, or any other manner of discrimination
provided by Federal or State law.
``(g) Rights Retained by Employee.--Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies
of any employee under any Federal or State law or under any
collective bargaining agreement. The rights and remedies in
this section may not be waived by any agreement, policy, form,
or condition of employment.
``(h) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the
employee, the Secretary of Transportation or the
Secretary of Homeland Security may not disclose the
name of an employee who has provided information about
an alleged violation of this part, or a regulation
prescribed or order issued under any of those
provisions.
``(2) The Secretary of Transportation or the
Secretary of Homeland Security shall disclose to the
Attorney General the name of an employee described in
paragraph (1) of this subsection if the matter is
referred to the Attorney General for enforcement. The
Secretary making such disclosure shall provide
reasonable advance notice to the affected employee if
disclosure of that person's identity or identifying
information is to occur.
``(i) Process for Reporting Security Problems to the
Department of Homeland Security.--
``(1) Establishment of process.--The Secretary of
Homeland Security shall establish through regulations,
after an opportunity for notice and comment, a process
by which any person may report to the Secretary of
Homeland Security regarding motor carrier vehicle
security problems, deficiencies, or vulnerabilities.
``(2) Acknowledgment of receipt.--If a report
submitted under paragraph (1) identifies the person
making the report, the Secretary of Homeland Security
shall respond promptly to such person and acknowledge
receipt of the report.
``(3) Steps to address problem.--The Secretary of
Homeland Security shall review and consider the
information provided in any report submitted under
paragraph (1) and shall take appropriate steps to
address any problems or deficiencies identified.
``(j) Definition.--In this section, `employee' means a
driver of a commercial motor vehicle (including an independent
contractor when personally operating a commercial motor
vehicle), a mechanic, a freight handler, or an individual not
an employer, who--
``(1) directly affects commercial motor vehicle
safety or security in the course of employment by a
commercial motor carrier; and
``(2) is not an employee of the United States
Government, a State, or a political subdivision of a
State acting in the course of employment.''.
SEC. 1537. UNIFIED CARRIER REGISTRATION SYSTEM AGREEMENT.
(a) Reenactment of SSRS.--Section 14504 of title 49, United
States Code, as that section was in effect on December 31,
2006, shall be in effect as a law of the United States for the
period beginning on January 1, 2007, ending on the earlier of
January 1, 2008, or the effective date of the final regulations
issued pursuant to subsection (b).
(b) Deadline for Final Regulations.--Not later than October
1, 2007, the Federal Motor Carrier Safety Administration shall
issue final regulations to establish the Unified Carrier
Registration System, as required by section 13908 of title 49,
United States Code, and set fees for the unified carrier
registration agreement for calendar year 2007 or subsequent
calendar years to be charged to motor carriers, motor private
carriers, and freight forwarders under such agreement, as
required by 14504a of title 49, United States Code.
(c) Repeal of SSRS.--Section 4305(a) of the Safe,
Accountable, Flexible Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1764) is amended by striking ``the
first January'' and all that follows through ``this Act'' and
inserting ``January 1, 2008''.
SEC. 1538. SCHOOL BUS TRANSPORTATION SECURITY.
(a) School Bus Security Risk Assessment.--Not later than 1
year after the date of enactment of this Act, the Secretary
shall transmit to the appropriate congressional committees a
report, including a classified report, as appropriate,
containing a comprehensive assessment of the risk of a
terrorist attack on the Nation's school bus transportation
system in accordance with the requirements of this section.
(b) Contents of Risk Assessment.--The assessment shall
include--
(1) an assessment of security risks to the Nation's
school bus transportation system, including publicly
and privately operated systems;
(2) an assessment of actions already taken by
operators or others to address identified security
risks; and
(3) an assessment of whether additional actions and
investments are necessary to improve the security of
passengers traveling on school buses and a list of such
actions or investments, if appropriate.
(c) Consultation.--In conducting the risk assessment, the
Secretary shall consult with administrators and officials of
school systems, representatives of the school bus industry,
including both publicly and privately operated systems, public
safety and law enforcement officials, and nonprofit employee
labor organizations representing school bus drivers.
SEC. 1539. TECHNICAL AMENDMENT.
Section 1992(d)(7) of title 18, United States Code, is
amended by inserting ``intercity bus transportation'' after
``includes''.
SEC. 1540. TRUCK SECURITY ASSESSMENT.
(a) Definition.--For the purposes of this section, the term
``truck'' means any self-propelled or towed motor vehicle used
on a highway in interstate commerce to transport property when
the vehicle--
(1) has a gross vehicle weight rating or gross
combination weight rating, or gross vehicle weight or
gross combination weight, of 4,536 kg (10,001 pounds)
or more, whichever is greater; or
(2) is used in transporting material found by the
Secretary of Transportation to be hazardous under
section 5103 of title 49, United States Code, and
transported in a quantity requiring placarding under
regulations prescribed by the Secretary under subtitle
B, chapter I, subchapter C of title 49, Code of Federal
Regulations.
(b) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in coordination with the
Secretary of Transportation, shall transmit a report to the
appropriate congressional committees on truck security issues
that includes--
(1) a security risk assessment of the trucking
industry;
(2) an assessment of actions already taken by both
public and private entities to address identified
security risks;
(3) an assessment of the economic impact that
security upgrades of trucks, truck equipment, or truck
facilities may have on the trucking industry and its
employees, including independent owner-operators;
(4) an assessment of ongoing research by public and
private entities and the need for additional research
on truck security;
(5) an assessment of industry best practices to
enhance security; and
(6) an assessment of the current status of secure
truck parking.
(c) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
SEC. 1541. MEMORANDUM OF UNDERSTANDING ANNEX.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation and the Secretary shall
execute and develop an annex to the Memorandum of Understanding
between the two departments signed on September 28, 2004,
governing the specific roles, delineations of responsibilities,
resources, and commitments of the Department of Transportation
and the Department of Homeland Security, respectively, in
addressing motor carrier transportation security matters,
including over-the-road bus security matters, and shall cover
the processes the Departments will follow to promote
communications, efficiency, and nonduplication of effort.
SEC. 1542. DHS INSPECTOR GENERAL REPORT ON TRUCKING SECURITY GRANT
PROGRAM.
(a) Initial Report.--Not later than 90 days after the date
of enactment of this Act, the Inspector General of the
Department of Homeland Security shall submit a report to the
appropriate congressional committees on the Federal trucking
industry security grant program, for fiscal years 2004 and 2005
that--
(1) addresses the grant announcement, application,
receipt, review, award, monitoring, and closeout
processes; and
(2) states the amount obligated or expended under
the program for fiscal years 2004 and 2005 for--
(A) infrastructure protection;
(B) training;
(C) equipment;
(D) educational materials;
(E) program administration;
(F) marketing; and
(G) other functions.
(b) Subsequent Report.--Not later than 1 year after the
date of enactment of this Act, the Inspector General of the
Department of Homeland Security shall submit a report to the
appropriate congressional committees that--
(1) analyzes the performance, efficiency, and
effectiveness of the Federal trucking industry security
grant program, and the need for the program using all
years of available data; and
(2) makes recommendations regarding the future of
the program, including options to improve the
effectiveness and utility of the program and motor
carrier security.
Subtitle D--Hazardous Material and Pipeline Security
SEC. 1551. RAILROAD ROUTING OF SECURITY-SENSITIVE MATERIALS.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary, shall publish a final rule
based on the Pipeline and Hazardous Materials Safety
Administration's Notice of Proposed Rulemaking published on
December 21, 2006, entitled ``Hazardous Materials: Enhancing
Railroad Transportation Safety and Security for Hazardous
Materials Shipments''. The final rule shall incorporate the
requirements of this section and, as appropriate, public
comments received during the comment period of the rulemaking.
(b) Security-Sensitive Materials Commodity Data.--The
Secretary of Transportation shall ensure that the final rule
requires each railroad carrier transporting security-sensitive
materials in commerce to, no later than 90 days after the end
of each calendar year, compile security-sensitive materials
commodity data. Such data must be collected by route, line
segment, or series of line segments, as aggregated by the
railroad carrier. Within the railroad carrier selected route,
the commodity data must identify the geographic location of the
route and the total number of shipments by the United Nations
identification number for the security-sensitive materials.
(c) Railroad Transportation Route Analysis for Security-
Sensitive Materials.--The Secretary of Transportation shall
ensure that the final rule requires each railroad carrier
transporting security-sensitive materials in commerce to, for
each calendar year, provide a written analysis of the safety
and security risks for the transportation routes identified in
the security-sensitive materials commodity data collected as
required by subsection (b). The safety and security risks
present shall be analyzed for the route, railroad facilities,
railroad storage facilities, and high-consequence targets along
or in proximity to the route.
(d) Alternative Route Analysis for Security-Sensitive
Materials.--The Secretary of Transportation shall ensure that
the final rule requires each railroad carrier transporting
security-sensitive materials in commerce to--
(1) for each calendar year--
(A) identify practicable alternative routes
over which the railroad carrier has authority
to operate as compared to the current route for
such a shipment analyzed under subsection (c);
and
(B) perform a safety and security risk
assessment of the alternative route for
comparison to the route analysis specified in
subsection (c);
(2) ensure that the analysis under paragraph (1)
includes--
(A) identification of safety and security
risks for an alternative route;
(B) comparison of those risks identified
under subparagraph (A) to the primary railroad
transportation route, including the risk of a
catastrophic release from a shipment traveling
along the alternate route compared to the
primary route;
(C) any remediation or mitigation measures
implemented on the primary or alternative
route; and
(D) potential economic effects of using an
alternative route; and
(3) consider when determining the practicable
alternative routes under paragraph (1)(A) the use of
interchange agreements with other railroad carriers.
(e) Alternative Route Selection for Security-Sensitive
Materials.--The Secretary of Transportation shall ensure that
the final rule requires each railroad carrier transporting
security-sensitive materials in commerce to use the analysis
required by subsections (c) and (d) to select the safest and
most secure route to be used in transporting security-sensitive
materials.
(f) Review.--The Secretary of Transportation shall ensure
that the final rule requires each railroad carrier transporting
security-sensitive materials in commerce to annually review and
select the practicable route posing the least overall safety
and security risk in accordance with this section. The railroad
carrier must retain in writing all route review and selection
decision documentation and restrict the distribution,
disclosure, and availability of information contained in the
route analysis to appropriate persons. This documentation
should include, but is not limited to, comparative analyses,
charts, graphics, or railroad system maps.
(g) Retrospective Analysis.--The Secretary of
Transportation shall ensure that the final rule requires each
railroad carrier transporting security-sensitive materials in
commerce to, not less than once every 3 years, analyze the
route selection determinations required under this section.
Such an analysis shall include a comprehensive, systemwide
review of all operational changes, infrastructure
modifications, traffic adjustments, changes in the nature of
high-consequence targets located along or in proximity to the
route, or other changes affecting the safety and security of
the movements of security-sensitive materials that were
implemented since the previous analysis was completed.
(h) Consultation.--In carrying out subsection (c), railroad
carriers transporting security-sensitive materials in commerce
shall seek relevant information from State, local, and tribal
officials, as appropriate, regarding security risks to high-
consequence targets along or in proximity to a route used by a
railroad carrier to transport security-sensitive materials.
(i) Definitions.--In this section:
(1) The term ``route'' includes storage facilities
and trackage used by railroad cars in transportation in
commerce.
(2) The term ``high-consequence target'' means a
property, natural resource, location, area, or other
target designated by the Secretary that is a viable
terrorist target of national significance, which may
include a facility or specific critical infrastructure,
the attack of which by railroad could result in--
(A) catastrophic loss of life;
(B) significant damage to national security
or defense capabilities; or
(C) national economic harm.
SEC. 1552. RAILROAD SECURITY-SENSITIVE MATERIAL TRACKING.
(a) Communications.--
(1) In general.--In conjunction with the research
and development program established under section 1518
and consistent with the results of research relating to
wireless and other tracking technologies, the
Secretary, in consultation with the Administrator of
the Transportation Security Administration, shall
develop a program that will encourage the equipping of
railroad cars transporting security-sensitive
materials, as defined in section 1501, with technology
that provides--
(A) car position location and tracking
capabilities; and
(B) notification of railroad car
depressurization, breach, unsafe temperature,
or release of hazardous materials, as
appropriate.
(2) Coordination.--In developing the program
required by paragraph (1), the Secretary shall--
(A) consult with the Secretary of
Transportation to coordinate the program with
any ongoing or planned efforts for railroad car
tracking at the Department of Transportation;
and
(B) ensure that the program is consistent
with recommendations and findings of the
Department of Homeland Security's hazardous
material railroad tank car tracking pilot
programs.
(b) Funding.--From the amounts appropriated pursuant to
114(w) of title 49, United States Code, as amended by section
1503 of this title, there shall be made available to the
Secretary to carry out this section--
(1) $3,000,000 for fiscal year 2008;
(2) $3,000,000 for fiscal year 2009; and
(3) $3,000,000 for fiscal year 2010.
SEC. 1553. HAZARDOUS MATERIALS HIGHWAY ROUTING.
(a) Route Plan Guidance.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Transportation,
in consultation with the Secretary, shall--
(1) document existing and proposed routes for the
transportation of radioactive and nonradioactive
hazardous materials by motor carrier, and develop a
framework for using a geographic information system-
based approach to characterize routes in the national
hazardous materials route registry;
(2) assess and characterize existing and proposed
routes for the transportation of radioactive and
nonradioactive hazardous materials by motor carrier for
the purpose of identifying measurable criteria for
selecting routes based on safety and security concerns;
(3) analyze current route-related hazardous
materials regulations in the United States, Canada, and
Mexico to identify cross-border differences and
conflicting regulations;
(4) document the safety and security concerns of
the public, motor carriers, and State, local,
territorial, and tribal governments about the highway
routing of hazardous materials;
(5) prepare guidance materials for State officials
to assist them in identifying and reducing both safety
concerns and security risks when designating highway
routes for hazardous materials consistent with the 13
safety-based nonradioactive materials routing criteria
and radioactive materials routing criteria in subpart C
part 397 of title 49, Code of Federal Regulations;
(6) develop a tool that will enable State officials
to examine potential routes for the highway
transportation of hazardous materials, assess specific
security risks associated with each route, and explore
alternative mitigation measures; and
(7) transmit to the appropriate congressional
committees a report on the actions taken to fulfill
paragraphs (1) through (6) and any recommended changes
to the routing requirements for the highway
transportation of hazardous materials in part 397 of
title 49, Code of Federal Regulations.
(b) Route Plans.--
(1) Assessment.--Not later than 1 year after the
date of enactment of this Act, the Secretary of
Transportation shall complete an assessment of the
safety and national security benefits achieved under
existing requirements for route plans, in written or
electronic format, for explosives and radioactive
materials. The assessment shall, at a minimum--
(A) compare the percentage of Department of
Transportation recordable incidents and the
severity of such incidents for shipments of
explosives and radioactive materials for which
such route plans are required with the
percentage of recordable incidents and the
severity of such incidents for shipments of
explosives and radioactive materials not
subject to such route plans; and
(B) quantify the security and safety
benefits, feasibility, and costs of requiring
each motor carrier that is required to have a
hazardous material safety permit under part 385
of title 49, Code of Federal Regulations, to
maintain, follow, and carry such a route plan
that meets the requirements of section 397.101
of that title when transporting the type and
quantity of hazardous materials described in
section 385.403, taking into account the
various segments of the motor carrier industry,
including tank truck, truckload and less than
truckload carriers.
(2) Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary of
Transportation shall submit a report to the appropriate
congressional committees containing the findings and
conclusions of the assessment.
(c) Requirement.--The Secretary shall require motor
carriers that have a hazardous material safety permit under
part 385 of title 49, Code of Federal Regulations, to maintain,
follow, and carry a route plan, in written or electronic
format, that meets the requirements of section 397.101 of that
title when transporting the type and quantity of hazardous
materials described in section 385.403 if the Secretary
determines, under the assessment required in subsection (b),
that such a requirement would enhance security and safety
without imposing unreasonable costs or burdens upon motor
carriers.
SEC. 1554. MOTOR CARRIER SECURITY-SENSITIVE MATERIAL TRACKING.
(a) Communications.--
(1) In general.--Not later than 6 months after the
date of enactment of this Act, consistent with the
findings of the Transportation Security
Administration's hazardous materials truck security
pilot program, the Secretary, through the Administrator
of the Transportation Security Administration and in
consultation with the Secretary of Transportation,
shall develop a program to facilitate the tracking of
motor carrier shipments of security-sensitive materials
and to equip vehicles used in such shipments with
technology that provides--
(A) frequent or continuous communications;
(B) vehicle position location and tracking
capabilities; and
(C) a feature that allows a driver of such
vehicles to broadcast an emergency distress
signal.
(2) Considerations.--In developing the program
required by paragraph (1), the Secretary shall--
(A) consult with the Secretary of
Transportation to coordinate the program with
any ongoing or planned efforts for motor
carrier or security-sensitive materials
tracking at the Department of Transportation;
(B) take into consideration the
recommendations and findings of the report on
the hazardous material safety and security
operational field test released by the Federal
Motor Carrier Safety Administration on November
11, 2004; and
(C) evaluate--
(i) any new information related to
the costs and benefits of deploying,
equipping, and utilizing tracking
technology, including portable tracking
technology, for motor carriers
transporting security-sensitive
materials not included in the hazardous
material safety and security
operational field test report released
by the Federal Motor Carrier Safety
Administration on November 11, 2004;
(ii) the ability of tracking
technology to resist tampering and
disabling;
(iii) the capability of tracking
technology to collect, display, and
store information regarding the
movement of shipments of security-
sensitive materials by commercial motor
vehicles;
(iv) the appropriate range of
contact intervals between the tracking
technology and a commercial motor
vehicle transporting security-sensitive
materials;
(v) technology that allows the
installation by a motor carrier of
concealed electronic devices on
commercial motor vehicles that can be
activated by law enforcement
authorities to disable the vehicle or
alert emergency response resources to
locate and recover security-sensitive
materials in the event of loss or theft
of such materials;
(vi) whether installation of the
technology described in clause (v)
should be incorporated into the program
under paragraph (1);
(vii) the costs, benefits, and
practicality of such technology
described in clause (v) in the context
of the overall benefit to national
security, including commerce in
transportation; and
(viii) other systems and
information the Secretary determines
appropriate.
(b) Funding.--From the amounts appropriated pursuant to
section 114(w) of title 49, United States Code, as amended by
section 1503 of this Act, there shall be made available to the
Secretary to carry out this section--
(1) $7,000,000 for fiscal year 2008 of which
$3,000,000 may be used for equipment;
(2) $7,000,000 for fiscal year 2009 of which
$3,000,000 may be used for equipment; and
(3) $7,000,000 for fiscal year 2010 of which
$3,000,000 may be used for equipment.
(c) Report.--Not later than 1 year after the issuance of
regulations under subsection (a), the Secretary shall issue a
report to the appropriate congressional committees on the
program developed and evaluation carried out under this
section.
(d) Limitation.--The Secretary may not mandate the
installation or utilization of a technology described under
this section without additional congressional authority
provided after the date of enactment of this Act.
SEC. 1555. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND STUDY.
(a) In General.--The Secretary of Transportation shall
consult with the Secretary to limit, to the extent practicable,
duplicative reviews of the hazardous materials security plans
required under part 172, title 49, Code of Federal Regulations.
(b) Transportation Costs Study.--Within 1 year after the
date of enactment of this Act, the Secretary of Transportation,
in conjunction with the Secretary, shall study to what extent
the insurance, security, and safety costs borne by railroad
carriers, motor carriers, pipeline carriers, air carriers, and
maritime carriers associated with the transportation of
hazardous materials are reflected in the rates paid by offerors
of such commodities as compared to the costs and rates,
respectively, for the transportation of nonhazardous materials.
SEC. 1556. TECHNICAL CORRECTIONS.
(a) Correction.--Section 5103a of title 49, United States
Code, is amended--
(1) in subsection (a)(1) by striking ``Secretary''
and inserting ``Secretary of Homeland Security'';
(2) in subsection (b) by striking ``Secretary''
each place it appears and inserting ``Secretary of
Transportation'';
(3) in subsection (d)(1)(B) by striking
``Secretary'' and inserting ``Secretary of Homeland
Security''; and
(4) in subsection (e) by striking ``Secretary'' and
inserting ``Secretary of Homeland Security'' each place
it appears.
(b) Relationship to Transportation Security Cards.--
(1) Background check.--An individual who has a
valid transportation employee identification card
issued by the Secretary under section 70105 of title
46, United States Code, shall be deemed to have met the
background records check required under section 5103a
of title 49, United States Code.
(2) State review.--Nothing in this subsection
prevents or preempts a State from conducting a criminal
records check of an individual that has applied for a
license to operate a motor vehicle transporting in
commerce a hazardous material.
SEC. 1557. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, consistent with the Annex to the
Memorandum of Understanding executed on August 9, 2006, between
the Department of Transportation and the Department, the
Secretary, in consultation with the Secretary of
Transportation, shall establish a program for reviewing
pipeline operator adoption of recommendations of the September
5, 2002, Department of Transportation Research and Special
Programs Administration's Pipeline Security Information
Circular, including the review of pipeline security plans and
critical facility inspections.
(b) Review and Inspection.--Not later than 12 months after
the date of enactment of this Act, the Secretary and the
Secretary of Transportation shall develop and implement a plan
for reviewing the pipeline security plans and an inspection of
the critical facilities of the 100 most critical pipeline
operators covered by the September 5, 2002, circular, where
such facilities have not been inspected for security purposes
since September 5, 2002, by either the Department or the
Department of Transportation.
(c) Compliance Review Methodology.--In reviewing pipeline
operator compliance under subsections (a) and (b), risk
assessment methodologies shall be used to prioritize risks and
to target inspection and enforcement actions to the highest
risk pipeline assets.
(d) Regulations.--Not later than 18 months after the date
of enactment of this Act, the Secretary and the Secretary of
Transportation shall develop and transmit to pipeline operators
security recommendations for natural gas and hazardous liquid
pipelines and pipeline facilities. If the Secretary determines
that regulations are appropriate, the Secretary shall consult
with the Secretary of Transportation on the extent of risk and
appropriate mitigation measures, and the Secretary or the
Secretary of Transportation, consistent with the Annex to the
Memorandum of Understanding executed on August 9, 2006, shall
promulgate such regulations and carry out necessary inspection
and enforcement actions. Any regulations shall incorporate the
guidance provided to pipeline operators by the September 5,
2002, Department of Transportation Research and Special
Programs Administration's Pipeline Security Information
Circular and contain additional requirements as necessary based
upon the results of the inspections performed under subsection
(b). The regulations shall include the imposition of civil
penalties for noncompliance.
(e) Funding.--From the amounts appropriated pursuant to
section 114(w) of title 49, United States Code, as amended by
section 1503 of this Act, there shall be made available to the
Secretary to carry out this section--
(1) $2,000,000 for fiscal year 2008;
(2) $2,000,000 for fiscal year 2009; and
(3) $2,000,000 for fiscal year 2010.
SEC. 1558. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.
(a) In General.--The Secretary, in consultation with the
Secretary of Transportation and the Administrator of the
Pipeline and Hazardous Materials Safety Administration, and in
accordance with the Annex to the Memorandum of Understanding
executed on August 9, 2006, the National Strategy for
Transportation Security, and Homeland Security Presidential
Directive 7, shall develop a pipeline security and incident
recovery protocols plan. The plan shall include--
(1) for the Government to provide increased
security support to the most critical interstate and
intrastate natural gas and hazardous liquid
transmission pipeline infrastructure and operations as
determined under section 1557 when--
(A) under severe security threat levels of
alert; or
(B) under specific security threat
information relating to such pipeline
infrastructure or operations exists; and
(2) an incident recovery protocol plan, developed
in conjunction with interstate and intrastate
transmission and distribution pipeline operators and
terminals and facilities operators connected to
pipelines, to develop protocols to ensure the continued
transportation of natural gas and hazardous liquids to
essential markets and for essential public health or
national defense uses in the event of an incident
affecting the interstate and intrastate natural gas and
hazardous liquid transmission and distribution pipeline
system, which shall include protocols for restoring
essential services supporting pipelines and granting
access to pipeline operators for pipeline
infrastructure repair, replacement, or bypass following
an incident.
(b) Existing Private and Public Sector Efforts.--The plan
shall take into account actions taken or planned by both
private and public entities to address identified pipeline
security issues and assess the effective integration of such
actions.
(c) Consultation.--In developing the plan under subsection
(a), the Secretary shall consult with the Secretary of
Transportation, interstate and intrastate transmission and
distribution pipeline operators, nonprofit employee
organizations representing pipeline employees, emergency
responders, offerors, State pipeline safety agencies, public
safety officials, and other relevant parties.
(d) Report.--
(1) Contents.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall
transmit to the appropriate congressional committees a
report containing the plan required by subsection (a),
including an estimate of the private and public sector
costs to implement any recommendations.
(2) Format.--The Secretary may submit the report in
both classified and redacted formats if the Secretary
determines that such action is appropriate or
necessary.
TITLE XVI--AVIATION
SEC. 1601. AIRPORT CHECKPOINT SCREENING FUND.
Section 44940 of title 49, United States Code, is amended--
(1) in subsection (d)(4) by inserting ``, other
than subsection (i),'' before ``except to''; and
(2) by adding at the end the following:
``(i) Checkpoint Screening Security Fund.--
``(1) Establishment.--There is established in the
Department of Homeland Security a fund to be known as
the `Checkpoint Screening Security Fund'.
``(2) Deposits.--In fiscal year 2008, after amounts
are made available under section 44923(h), the next
$250,000,000 derived from fees received under
subsection (a)(1) shall be available to be deposited in
the Fund.
``(3) Fees.--The Secretary of Homeland Security
shall impose the fee authorized by subsection (a)(1) so
as to collect at least $250,000,000 in fiscal year 2008
for deposit into the Fund.
``(4) Availability of amounts.--Amounts in the Fund
shall be available until expended by the Administrator
of the Transportation Security Administration for the
purchase, deployment, installation, research, and
development of equipment to improve the ability of
security screening personnel at screening checkpoints
to detect explosives.''.
SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
(a) In General.--Section 44901 of title 49, United States
Code, is amended--
(1) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
(2) by inserting after subsection (f) the
following:
``(g) Air Cargo on Passenger Aircraft.--
``(1) In general.--Not later than 3 years after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Secretary of
Homeland Security shall establish a system to screen
100 percent of cargo transported on passenger aircraft
operated by an air carrier or foreign air carrier in
air transportation or intrastate air transportation to
ensure the security of all such passenger aircraft
carrying cargo.
``(2) Minimum standards.--The system referred to in
paragraph (1) shall require, at a minimum, that
equipment, technology, procedures, personnel, or other
methods approved by the Administrator of the
Transportation Security Administration, are used to
screen cargo carried on passenger aircraft described in
paragraph (1) to provide a level of security
commensurate with the level of security for the
screening of passenger checked baggage as follows:
``(A) 50 percent of such cargo is so
screened not later than 18 months after the
date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of
2007.
``(B) 100 percent of such cargo is so
screened not later than 3 years after such date
of enactment.
``(3) Regulations.--
``(A) Interim final rule.--The Secretary of
Homeland Security may issue an interim final
rule as a temporary regulation to implement
this subsection without regard to the
provisions of chapter 5 of title 5.
``(B) Final rule.--
``(i) In general.--If the Secretary
issues an interim final rule under
subparagraph (A), the Secretary shall
issue, not later than one year after
the effective date of the interim final
rule, a final rule as a permanent
regulation to implement this subsection
in accordance with the provisions of
chapter 5 of title 5.
``(ii) Failure to act.--If the
Secretary does not issue a final rule
in accordance with clause (i) on or
before the last day of the one-year
period referred to in clause (i), the
Secretary shall submit to the Committee
on Homeland Security of the House of
Representatives, Committee on Commerce,
Science, and Transportation of the
Senate, and the Committee on Homeland
Security and Governmental Affairs of
the Senate a report explaining why the
final rule was not timely issued and
providing an estimate of the earliest
date on which the final rule will be
issued. The Secretary shall submit the
first such report within 10 days after
such last day and submit a report to
the Committees containing updated
information every 30 days thereafter
until the final rule is issued.
``(iii) Superceding of interim
final rule.--The final rule issued in
accordance with this subparagraph shall
supersede the interim final rule issued
under subparagraph (A).
``(4) Report.--Not later than 1 year after the date
of establishment of the system under paragraph (1), the
Secretary shall submit to the Committees referred to in
paragraph (3)(B)(ii) a report that describes the
system.
``(5) Screening defined.--In this subsection the
term `screening' means a physical examination or non-
intrusive methods of assessing whether cargo poses a
threat to transportation security. Methods of screening
include x-ray systems, explosives detection systems,
explosives trace detection, explosives detection canine
teams certified by the Transportation Security
Administration, or a physical search together with
manifest verification. The Administrator may approve
additional methods to ensure that the cargo does not
pose a threat to transportation security and to assist
in meeting the requirements of this subsection. Such
additional cargo screening methods shall not include
solely performing a review of information about the
contents of cargo or verifying the identity of a
shipper of the cargo that is not performed in
conjunction with other security methods authorized
under this subsection, including whether a known
shipper is registered in the known shipper database.
Such additional cargo screening methods may include a
program to certify the security methods used by
shippers pursuant to paragraphs (1) and (2) and
alternative screening methods pursuant to exemptions
referred to in subsection (b) of section 1602 of the
Implementing Recommendations of the 9/11 Commission Act
of 2007.''.
(b) Assessment of Exemptions.--
(1) TSA assessment.--
(A) In general.--Not later than 120 days
after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to
the appropriate committees of Congress and to
the Comptroller General a report containing an
assessment of each exemption granted under
section 44901(i)(1) of title 49, United States
Code, for the screening required by such
section for cargo transported on passenger
aircraft and an analysis to assess the risk of
maintaining such exemption.
(B) Contents.--The report under
subparagraph (A) shall include--
(i) the rationale for each
exemption;
(ii) what percentage of cargo is
not screened in accordance with section
44901(g) of title 49, United States
Code;
(iii) the impact of each exemption
on aviation security;
(iv) the projected impact on the
flow of commerce of eliminating each
exemption, respectively, should the
Secretary choose to take such action;
and
(v) plans and rationale for
maintaining, changing, or eliminating
each exemption.
(C) Format.--The Secretary may submit the
report under subparagraph (A) in both
classified and redacted formats if the
Secretary determines that such action is
appropriate or necessary.
(2) GAO assessment.--Not later than 120 days after
the date on which the report under paragraph (1) is
submitted, the Comptroller General shall review the
report and submit to the Committee on Homeland Security
of the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate,
and the Committee on Homeland Security and Governmental
Affairs of the Senate an assessment of the methodology
of determinations made by the Secretary for
maintaining, changing, or eliminating an exemption
under section 44901(i)(1) of title 49, United States
Code.
SEC. 1603. IN-LINE BAGGAGE SCREENING.
(a) Extension of Authorization.--Section 44923(i)(1) of
title 49, United States Code, is amended by striking ``2007.''
and inserting ``2007, and $450,000,000 for each of fiscal years
2008 through 2011''.
(b) Submission of Cost-Sharing Study and Plan.--Not later
than 60 days after the date of enactment of this Act, the
Secretary for Homeland Security shall submit to the appropriate
congressional committees the cost sharing study described in
section 4019(d) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (118 Stat. 3722), together with the
Secretary's analysis of the study, a list of provisions of the
study the Secretary intends to implement, and a plan and
schedule for implementation of such listed provisions.
SEC. 1604. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.
(a) In General.--Section 44923 of title 49, United States
Code, is amended--
(1) in subsection (a) by striking ``may make'' and
inserting ``shall make'';
(2) in subsection (d)(1) by striking ``may'' and
inserting ``shall'';
(3) in subsection (h)(1) by striking ``2007'' and
inserting ``2028'';
(4) in subsection (h) by striking paragraphs (2)
and (3) and inserting the following:
``(2) Allocation.--Of the amount made available
under paragraph (1) for a fiscal year, not less than
$200,000,000 shall be allocated to fulfill letters of
intent issued under subsection (d).
``(3) Discretionary grants.--Of the amount made
available under paragraph (1) for a fiscal year, up to
$50,000,000 shall be used to make discretionary grants,
including other transaction agreements for airport
security improvement projects, with priority given to
small hub airports and nonhub airports.'';
(5) by redesignating subsection (i) as subsection
(j); and
(6) by inserting after subsection (h) the
following:
``(i) Leveraged Funding.--For purposes of this section, a
grant under subsection (a) to an airport sponsor to service an
obligation issued by or on behalf of that sponsor to fund a
project described in subsection (a) shall be considered to be a
grant for that project.''.
(b) Prioritization of Projects.--
(1) In general.--The Administrator of the
Transportation Security Administration shall establish
a prioritization schedule for airport security
improvement projects described in section 44923 of
title 49, United States Code, based on risk and other
relevant factors, to be funded under that section. The
schedule shall include both hub airports referred to in
paragraphs (29), (31), and (42) of section 40102 of
such title and nonhub airports (as defined in section
47102(13) of such title).
(2) Airports that have incurred eligible costs.--
The schedule shall include airports that have incurred
eligible costs associated with development of partial
or completed in-line baggage systems before the date of
enactment of this Act in reasonable anticipation of
receiving a grant under section 44923 of title 49,
United States Code, in reimbursement of those costs but
that have not received such a grant.
(3) Report.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall
provide a copy of the prioritization schedule, a
corresponding timeline, and a description of the
funding allocation under section 44923 of title 49,
United States Code, to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Homeland Security of the House of
Representatives.
SEC. 1605. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED PASSENGER
PRESCREENING SYSTEM.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Administrator of the Transportation
Security Administration, shall submit to the Committee on
Homeland Security of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Homeland Security and Governmental
Affairs of the Senate a plan that--
(1) describes the system to be utilized by the
Department of Homeland Security to assume the
performance of comparing passenger information, as
defined by the Administrator, to the automatic selectee
and no-fly lists, utilizing appropriate records in the
consolidated and integrated terrorist watchlist
maintained by the Federal Government;
(2) provides a projected timeline for each phase of
testing and implementation of the system;
(3) explains how the system will be integrated with
the prescreening system for passengers on international
flights; and
(4) describes how the system complies with section
552a of title 5, United States Code.
(b) GAO Assessment.--Not later than 180 days after the date
of enactment of this Act, the Comptroller General shall submit
a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland
Security of the House of Representatives that--
(1) describes the progress made by the
Transportation Security Administration in implementing
the secure flight passenger pre-screening program;
(2) describes the effectiveness of the current
appeals process for passengers wrongly assigned to the
no-fly and terrorist watch lists;
(3) describes the Transportation Security
Administration's plan to protect private passenger
information and progress made in integrating the system
with the pre-screening program for international
flights operated by United States Customs and Border
Protection;
(4) provides a realistic determination of when the
system will be completed; and
(5) includes any other relevant observations or
recommendations the Comptroller General deems
appropriate.
SEC. 1606. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR
PROHIBITED FROM BOARDING A FLIGHT.
(a) In General.--Subchapter I of chapter 449 of title 49,
United States Code is amended by adding at the end the
following:
``Sec. 44926. Appeal and redress process for passengers wrongly delayed
or prohibited from boarding a flight
``(a) In General.--The Secretary of Homeland Security shall
establish a timely and fair process for individuals who believe
they have been delayed or prohibited from boarding a commercial
aircraft because they were wrongly identified as a threat under
the regimes utilized by the Transportation Security
Administration, United States Customs and Border Protection, or
any other office or component of the Department of Homeland
Security.
``(b) Office of Appeals and Redress.--
``(1) Establishment.--The Secretary shall establish
in the Department an Office of Appeals and Redress to
implement, coordinate, and execute the process
established by the Secretary pursuant to subsection
(a). The Office shall include representatives from the
Transportation Security Administration, United States
Customs and Border Protection, and such other offices
and components of the Department as the Secretary
determines appropriate.
``(2) Records.--The process established by the
Secretary pursuant to subsection (a) shall include the
establishment of a method by which the Office, under
the direction of the Secretary, will be able to
maintain a record of air carrier passengers and other
individuals who have been misidentified and have
corrected erroneous information.
``(3) Information.--To prevent repeated delays of
an misidentified passenger or other individual, the
Office shall--
``(A) ensure that the records maintained
under this subsection contain information
determined by the Secretary to authenticate the
identity of such a passenger or individual;
``(B) furnish to the Transportation
Security Administration, United States Customs
and Border Protection, or any other appropriate
office or component of the Department, upon
request, such information as may be necessary
to allow such office or component to assist air
carriers in improving their administration of
the advanced passenger prescreening system and
reduce the number of false positives; and
``(C) require air carriers and foreign air
carriers take action to identify passengers
determined, under the process established under
subsection (a), to have been wrongly
identified.
``(4) Handling of personally identifiable
information.--The Secretary, in conjunction with the
Chief Privacy Officer of the Department shall--
``(A) require that Federal employees of the
Department handling personally identifiable
information of passengers (in this paragraph
referred to as `PII') complete mandatory
privacy and security training prior to being
authorized to handle PII;
``(B) ensure that the records maintained
under this subsection are secured by
encryption, one-way hashing, other data
anonymization techniques, or such other
equivalent security technical protections as
the Secretary determines necessary;
``(C) limit the information collected from
misidentified passengers or other individuals
to the minimum amount necessary to resolve a
redress request;
``(D) require that the data generated under
this subsection shall be shared or transferred
via a secure data network, that has been
audited to ensure that the anti-hacking and
other security related software functions
properly and is updated as necessary;
``(E) ensure that any employee of the
Department receiving the data contained within
the records handles the information in
accordance with the section 552a of title 5,
United States Code, and the Federal Information
Security Management Act of 2002 (Public Law
107-296);
``(F) only retain the data for as long as
needed to assist the individual traveler in the
redress process; and
``(G) conduct and publish a privacy impact
assessment of the process described within this
subsection and transmit the assessment to the
Committee on Homeland Security of the House of
Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and
Committee on Homeland Security and Governmental
Affairs of the Senate.
``(5) Initiation of redress process at airports.--
The Office shall establish at each airport at which the
Department has a significant presence a process to
provide information to air carrier passengers to begin
the redress process established pursuant to subsection
(a).''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by inserting after the item relating to section 44925
the following:
``44926. Appeal and redress process for passengers wrongly delayed or
prohibited from boarding a flight.''.
SEC. 1607. STRENGTHENING EXPLOSIVES DETECTION AT PASSENGER SCREENING
CHECKPOINTS.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Administrator of the Transportation
Security Administration, shall issue the strategic plan the
Secretary was required by section 44925(b) of title 49, United
States Code, to have issued within 90 days after the date of
enactment of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458).
(b) Deployment.--Section 44925(b) of title 49, United
States Code, is amended by adding at the end the following:
``(3) Implementation.--The Secretary shall begin
implementation of the strategic plan within one year
after the date of enactment of this paragraph.''.
SEC. 1608. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPORTATION SECURITY
TECHNOLOGY.
Section 137(a) of the Aviation and Transportation Security
Act (49 U.S.C. 44912 note; 115 Stat. 637) is amended--
(1) by striking ``2002 through 2006'' and inserting
``2006 through 2011'';
(2) by striking ``aviation'' and inserting
``transportation''; and
(3) by striking ``2002 and 2003'' and inserting
``2006 through 2011''.
SEC. 1609. BLAST-RESISTANT CARGO CONTAINERS.
Section 44901 of title 49, United States Code, as amended
by section 1602, is further amended by adding at the end the
following:
``(j) Blast-Resistant Cargo Containers.--
``(1) In general.--Before January 1, 2008, the
Administrator of the Transportation Security
Administration shall--
``(A) evaluate the results of the blast-
resistant cargo container pilot program that
was initiated before the date of enactment of
this subsection; and
``(B) prepare and distribute through the
Aviation Security Advisory Committee to the
appropriate Committees of Congress and air
carriers a report on that evaluation which may
contain nonclassified and classified sections.
``(2) Acquisition, maintenance, and replacement.--
Upon completion and consistent with the results of the
evaluation that paragraph (1)(A) requires, the
Administrator shall--
``(A) develop and implement a program, as
the Administrator determines appropriate, to
acquire, maintain, and replace blast-resistant
cargo containers;
``(B) pay for the program; and
``(C) make available blast-resistant cargo
containers to air carriers pursuant to
paragraph (3).
``(3) Distribution to air carriers.--The
Administrator shall make available, beginning not later
than July 1, 2008, blast-resistant cargo containers to
air carriers for use on a risk managed basis as
determined by the Administrator.''.
SEC. 1610. PROTECTION OF PASSENGER PLANES FROM EXPLOSIVES.
(a) Technology Research and Pilot Projects.--
(1) Research and development.--The Secretary of
Homeland Security, in consultation with the
Administrator of the Transportation Security
Administration, shall expedite research and development
programs for technologies that can disrupt or prevent
an explosive device from being introduced onto a
passenger plane or from damaging a passenger plane
while in flight or on the ground. The research shall be
used in support of implementation of section 44901 of
title 49, United States Code.
(2) Pilot projects.--The Secretary, in conjunction
with the Secretary of Transportation, shall establish a
grant program to fund pilot projects--
(A) to deploy technologies described in
paragraph (1); and
(B) to test technologies to expedite the
recovery, development, and analysis of
information from aircraft accidents to
determine the cause of the accident, including
deployable flight deck and voice recorders and
remote location recording devices.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security for
fiscal year 2008 such sums as may be necessary to carry out
this section. Such sums shall remain available until expended.
SEC. 1611. SPECIALIZED TRAINING.
The Administrator of the Transportation Security
Administration shall provide advanced training to
transportation security officers for the development of
specialized security skills, including behavior observation and
analysis, explosives detection, and document examination, in
order to enhance the effectiveness of layered transportation
security measures.
SEC. 1612. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.
(a) In General.--Notwithstanding any provision of law, any
statutory limitation on the number of employees in the
Transportation Security Administration, before or after its
transfer to the Department of Homeland Security from the
Department of Transportation, does not apply after fiscal year
2007.
(b) Aviation Security.--Notwithstanding any provision of
law imposing a limitation on the recruiting or hiring of
personnel into the Transportation Security Administration to a
maximum number of permanent positions, the Secretary of
Homeland Security shall recruit and hire such personnel into
the Administration as may be necessary--
(1) to provide appropriate levels of aviation
security; and
(2) to accomplish that goal in such a manner that
the average aviation security-related delay experienced
by airline passengers is reduced to a level of less
than 10 minutes.
SEC. 1613. PILOT PROJECT TO TEST DIFFERENT TECHNOLOGIES AT AIRPORT EXIT
LANES.
(a) In General.--The Administrator of the Transportation
Security Administration shall conduct a pilot program at not
more than 2 airports to identify technologies to improve
security at airport exit lanes.
(b) Program Components.--In conducting the pilot program
under this section, the Administrator shall--
(1) utilize different technologies that protect the
integrity of the airport exit lanes from unauthorized
entry;
(2) work with airport officials to deploy such
technologies in multiple configurations at a selected
airport or airports at which some of the exits are not
colocated with a screening checkpoint; and
(3) ensure the level of security is at or above the
level of existing security at the airport or airports
where the pilot program is conducted.
(c) Reports.--
(1) Initial briefing.--Not later than 180 days
after the date of enactment of this Act, the
Administrator shall conduct a briefing to the
congressional committees set forth in paragraph (3)
that describes--
(A) the airport or airports selected to
participate in the pilot program;
(B) the technologies to be tested;
(C) the potential savings from implementing
the technologies at selected airport exits;
(D) the types of configurations expected to
be deployed at such airports; and
(E) the expected financial contribution
from each airport.
(2) Final report.--Not later than 18 months after
the technologies are deployed at the airports
participating in the pilot program, the Administrator
shall submit a final report to the congressional
committees set forth in paragraph (3) that describes--
(A) the changes in security procedures and
technologies deployed;
(B) the estimated cost savings at the
airport or airports that participated in the
pilot program; and
(C) the efficacy and staffing benefits of
the pilot program and its applicability to
other airports in the United States.
(3) Congressional committees.--The reports required
under this subsection shall be submitted to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Appropriations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Homeland Security of
the House of Representatives; and
(E) the Committee on Appropriations of the
House of Representatives.
(d) Use of Existing Funds.--This section shall be executed
using existing funds.
SEC. 1614. SECURITY CREDENTIALS FOR AIRLINE CREWS.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Transportation
Security Administration, after consultation with airline,
airport, and flight crew representatives, shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Homeland Security of
the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the status of the Administration's
efforts to institute a sterile area access system or method
that will enhance security by properly identifying authorized
airline flight deck and cabin crew members at screening
checkpoints and granting them expedited access through
screening checkpoints. The Administrator shall include in the
report recommendations on the feasibility of implementing the
system for the domestic aviation industry beginning one year
after the date on which the report is submitted.
(b) Beginning Implementation.--The Administrator shall
begin implementation of the system or method referred to in
subsection (a) not later than one year after the date on which
the Administrator submits the report under subsection (a).
SEC. 1615. LAW ENFORCEMENT OFFICER BIOMETRIC CREDENTIAL.
(a) In General.--Section 44903(h)(6) of title 49, United
States Code, is amended to read as follows:
``(6) Use of biometric technology for armed law
enforcement travel.--
``(A) In general.--Not later than 18 months
after the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of
2007, the Secretary of Homeland Security, in
consultation with the Attorney General, shall--
``(i) implement this section by
publication in the Federal Register;
and
``(ii) establish a national
registered armed law enforcement
program, that shall be federally
managed, for law enforcement officers
needing to be armed when traveling by
commercial aircraft.
``(B) Program requirements.--The program
shall--
``(i) establish a credential or a
system that incorporates biometric
technology and other applicable
technologies;
``(ii) establish a system for law
enforcement officers who need to be
armed when traveling by commercial
aircraft on a regular basis and for
those who need to be armed during
temporary travel assignments;
``(iii) comply with other uniform
credentialing initiatives, including
the Homeland Security Presidential
Directive 12;
``(iv) apply to all Federal, State,
local, tribal, and territorial
government law enforcement agencies;
and
``(v) establish a process by which
the travel credential or system may be
used to verify the identity, using
biometric technology, of a Federal,
State, local, tribal, or territorial
law enforcement officer seeking to
carry a weapon on board a commercial
aircraft, without unnecessarily
disclosing to the public that the
individual is a law enforcement
officer.
``(C) Procedures.--In establishing the
program, the Secretary shall develop
procedures--
``(i) to ensure that a law
enforcement officer of a Federal,
State, local, tribal, or territorial
government flying armed has a specific
reason for flying armed and the reason
is within the scope of the duties of
such officer;
``(ii) to preserve the anonymity of
the armed law enforcement officer;
``(iii) to resolve failures to
enroll, false matches, and false
nonmatches relating to the use of the
law enforcement travel credential or
system;
``(iv) to determine the method of
issuance of the biometric credential to
law enforcement officers needing to be
armed when traveling by commercial
aircraft;
``(v) to invalidate any law
enforcement travel credential or system
that is lost, stolen, or no longer
authorized for use;
``(vi) to coordinate the program
with the Federal Air Marshal Service,
including the force multiplier program
of the Service; and
``(vii) to implement a phased
approach to launching the program,
addressing the immediate needs of the
relevant Federal agent population
before expanding to other law
enforcement populations.''.
(b) Report.--
(1) In general.--Not later than 180 days after
implementing the national registered armed law
enforcement program required by section 44903(h)(6) of
title 49, United States Code, the Secretary of Homeland
Security shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Homeland Security of the House of
Representatives a report. If the Secretary has not
implemented the program within 180 days after the date
of enactment of this Act, the Secretary shall submit a
report to the Committees within 180 days explaining the
reasons for the failure to implement the program within
the time required by that section and a further report
within each successive 90-day period until the program
is implemented explaining the reasons for such further
delays in implementation until the program is
functioning.
(2) Classified format.--The Secretary may submit
each report required by this subsection in classified
format.
SEC. 1616. REPAIR STATION SECURITY.
(a) Certification of Foreign Repair Stations Suspension.--
If the regulations required by section 44924(f) of title 49,
United States Code, are not issued within one year after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration may not certify any foreign repair
station under part 145 of title 14, Code of Federal
Regulations, after such date unless the station was previously
certified, or is in the process of certification by the
Administration under that part.
(b) 6-Month Deadline for Security Review and Audit.--
Subsections (a) and (d) of section 44924 of title 49, United
States Code, is amended--
(1) in each of subsections (a) and (b) by striking
``18 months'' and inserting ``6 months''; and
(2) in subsection (d) by inserting ``(other than a
station that was previously certified, or is in the
process of certification, by the Administration under
this part)'' before ``until''.
SEC. 1617. GENERAL AVIATION SECURITY.
Section 44901 of title 49, United States Code, as amended
by sections 1602 and 1609, is further amended by adding at the
end the following:
``(k) General Aviation Airport Security Program.--
``(1) In general.--Not later than one year after
the date of enactment of this subsection, the
Administrator of the Transportation Security
Administration shall--
``(A) develop a standardized threat and
vulnerability assessment program for general
aviation airports (as defined in section
47134(m)); and
``(B) implement a program to perform such
assessments on a risk-managed basis at general
aviation airports.
``(2) Grant program.--Not later than 6 months after
the date of enactment of this subsection, the
Administrator shall initiate and complete a study of
the feasibility of a program, based on a risk-managed
approach, to provide grants to operators of general
aviation airports (as defined in section 47134(m)) for
projects to upgrade security at such airports. If the
Administrator determines that such a program is
feasible, the Administrator shall establish such a
program.
``(3) Application to general aviation aircraft.--
Not later than 180 days after the date of enactment of
this subsection, the Administrator shall develop a
risk-based system under which--
``(A) general aviation aircraft, as
identified by the Administrator, in
coordination with the Administrator of the
Federal Aviation Administration, are required
to submit passenger information and advance
notification requirements for United States
Customs and Border Protection before entering
United States airspace; and
``(B) such information is checked against
appropriate databases.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator of
the Transportation Security Administration such sums as
may be necessary to carry out paragraphs (2) and
(3).''.
SEC. 1618. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING.
Section 48301(a) of title 49, United States Code, is
amended by striking ``and 2006'' and inserting ``2007, 2008,
2009, 2010, and 2011''.
TITLE XVII--MARITIME CARGO
SEC. 1701. CONTAINER SCANNING AND SEALS.
(a) Container Scanning.--Section 232(b) of the SAFE Ports
Act (6 U.S.C. 982(b)) is amended to read as follows:
``(b) Full-Scale Implementation.--
``(1) In general.--A container that was loaded on a
vessel in a foreign port shall not enter the United
States (either directly or via a foreign port) unless
the container was scanned by nonintrusive imaging
equipment and radiation detection equipment at a
foreign port before it was loaded on a vessel.
``(2) Application.--Paragraph (1) shall apply with
respect to containers loaded on a vessel in a foreign
country on or after the earlier of--
``(A) July 1, 2012; or
``(B) such other date as may be established
by the Secretary under paragraph (3).
``(3) Establishment of earlier deadline.--The
Secretary shall establish a date under (2)(B) pursuant
to the lessons learned through the pilot integrated
scanning systems established under section 231.
``(4) Extensions.--The Secretary may extend the
date specified in paragraph (2)(A) or (2)(B) for 2
years, and may renew the extension in additional 2-year
increments, for containers loaded in a port or ports,
if the Secretary certifies to Congress that at least
two of the following conditions exist:
``(A) Systems to scan containers in
accordance with paragraph (1) are not available
for purchase and installation.
``(B) Systems to scan containers in
accordance with paragraph (1) do not have a
sufficiently low false alarm rate for use in
the supply chain.
``(C) Systems to scan containers in
accordance with paragraph (1) cannot be
purchased, deployed, or operated at ports
overseas, including, if applicable, because a
port does not have the physical characteristics
to install such a system.
``(D) Systems to scan containers in
accordance with paragraph (1) cannot be
integrated, as necessary, with existing
systems.
``(E) Use of systems that are available to
scan containers in accordance with paragraph
(1) will significantly impact trade capacity
and the flow of cargo.
``(F) Systems to scan containers in
accordance with paragraph (1) do not adequately
provide an automated notification of
questionable or high-risk cargo as a trigger
for further inspection by appropriately trained
personnel.
``(5) Exemption for military cargo.--
Notwithstanding any other provision in the section,
supplies bought by the Secretary of Defense and
transported in compliance section 2631 of title 10,
United States Code, and military cargo of foreign
countries are exempt from the requirements of this
section.
``(6) Report on extensions.--An extension under
paragraph (4) for a port or ports shall take effect
upon the expiration of the 60-day period beginning on
the date the Secretary provides a report to Congress
that--
``(A) states what container traffic will be
affected by the extension;
``(B) provides supporting evidence to
support the Secretary's certification of the
basis for the extension; and
``(C) explains what measures the Secretary
is taking to ensure that scanning can be
implemented as early as possible at the port or
ports that are the subject of the report.
``(7) Report on renewal of extension.--If an
extension under paragraph (4) takes effect, the
Secretary shall, after one year, submit a report to
Congress on whether the Secretary expects to seek to
renew the extension.
``(8) Scanning technology standards.--In
implementing paragraph (1), the Secretary shall--
``(A) establish technological and
operational standards for systems to scan
containers;
``(B) ensure that the standards are
consistent with the global nuclear detection
architecture developed under the Homeland
Security Act of 2002; and
``(C) coordinate with other Federal
agencies that administer scanning or detection
programs at foreign ports.
``(9) International trade and other obligations.--
In carrying out this subsection, the Secretary shall
consult with appropriate Federal departments and
agencies and private sector stakeholders, and ensure
that actions under this section do not violate
international trade obligations, and are consistent
with the World Customs Organization framework, or other
international obligations of the United States.''.
(b) Deadline for Container Security Standards and
Procedures.--Section 204(a)(4) of the SAFE Port Act (6 U.S.C.
944(a)(4)) is amended by--
(1) striking ``(1) Deadline for enforcement.--''
and inserting the following:
``(1) Deadline for enforcement.--
``(A) Enforcement of rule.--''; and
(2) adding at the end the following:
``(B) Interim requirement.--If the interim
final rule described in paragraph (2) is not
issued by April 1, 2008, then--
``(i) effective not later than
October 15, 2008, all containers in
transit to the United States shall be
required to meet the requirements of
International Organization for
Standardization Publicly Available
Specification 17712 standard for
sealing containers; and
``(ii) the requirements of this
subparagraph shall cease to be
effective upon the effective date of
the interim final rule issued pursuant
to this subsection.''.
TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM
SEC. 1801. FINDINGS.
The 9/11 Commission has made the following recommendations:
(1) Strengthen ``counter-proliferation'' efforts.--
The United States should work with the international
community to develop laws and an international legal
regime with universal jurisdiction to enable any state
in the world to capture, interdict, and prosecute
smugglers of nuclear material.
(2) Expand the proliferation security initiative.--
In carrying out the Proliferation Security Initiative,
the United States should--
(A) use intelligence and planning resources
of the North Atlantic Treaty Organization
(NATO) alliance;
(B) make participation open to non-NATO
countries; and
(C) encourage Russia and the People's
Republic of China to participate.
(3) Support the cooperative threat reduction
program.--The United States should expand, improve,
increase resources for, and otherwise fully support the
Cooperative Threat Reduction program.
SEC. 1802. DEFINITIONS.
In this title:
(1) The terms ``prevention of weapons of mass
destruction proliferation and terrorism'' and
``prevention of WMD proliferation and terrorism''
include activities under--
(A) the programs specified in section
1501(b) of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2731; 50 U.S.C. 2362 note);
(B) the programs for which appropriations
are authorized by section 3101(a)(2) of the Bob
Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2729);
(C) programs authorized by section 504 of
the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of
1992 (the FREEDOM Support Act) (22 U.S.C. 5854)
and programs authorized by section 1412 of the
Former Soviet Union Demilitarization Act of
1992 (22 U.S.C. 5902); and
(D) a program of any agency of the Federal
Government having a purpose similar to that of
any of the programs identified in subparagraphs
(A) through (C), as designated by the United
States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and
Terrorism and the head of the agency.
(2) The terms ``weapons of mass destruction'' and
``WMD'' mean chemical, biological, and nuclear weapons,
and chemical, biological, and nuclear materials used in
the manufacture of such weapons.
(3) The term ``items of proliferation concern''
means--
(A) equipment, materials, or technology
listed in--
(i) the Trigger List of the
Guidelines for Nuclear Transfers of the
Nuclear Suppliers Group;
(ii) the Annex of the Guidelines
for Transfers of Nuclear-Related Dual-
Use Equipment, Materials, Software, and
Related Technology of the Nuclear
Suppliers Group; or
(iii) any of the Common Control
Lists of the Australia Group; and
(B) any other sensitive items.
Subtitle A--Repeal and Modification of Limitations on Assistance for
Prevention of WMD Proliferation and Terrorism
SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR
PREVENTION OF WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM.
Consistent with the recommendations of the 9/11 Commission,
Congress repeals or modifies the limitations on assistance for
prevention of weapons of mass destruction proliferation and
terrorism as follows:
(1) Soviet nuclear threat reduction act of 1991.--
Subsections (b) and (c) of section 211 of the Soviet
Nuclear Threat Reduction Act of 1991 (title II of
Public Law 102-228; 22 U.S.C. 2551 note) are repealed.
(2) Cooperative threat reduction act of 1993.--
Section 1203(d) of the Cooperative Threat Reduction Act
of 1993 (title XII of Public Law 103-160; 22 U.S.C.
5952(d)) is repealed.
(3) Russian chemical weapons destruction
facilities.--Section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 22 U.S.C. 5952 note) is repealed.
(4) Authority to use cooperative threat reduction
funds outside the former soviet union--modification of
certification requirement; congressional notice
requirement.--Section 1308 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 22 U.S.C. 5963) is amended--
(A) in subsection (a)--
(i) by striking ``the President
may'' and inserting ``the Secretary of
Defense may''; and
(ii) by striking ``if the
President'' and inserting ``if the
Secretary of Defense, with the
concurrence of the Secretary of
State,'';
(B) in subsection (d)(1)--
(i) by striking ``The President may
not'' and inserting ``The Secretary of
Defense may not''; and
(ii) by striking ``until the
President'' and inserting ``until the
Secretary of Defense, with the
concurrence of the Secretary of
State,'';
(C) in subsection (d)(2)--
(i) by striking ``Not later than 10
days after'' and inserting ``Not later
than 15 days prior to'';
(ii) by striking ``the President
shall'' and inserting ``the Secretary
of Defense shall''; and
(iii) by striking ``Congress'' and
inserting ``the Committee on Armed
Services and the Committee on Foreign
Affairs of the House of Representatives
and the Committee on Armed Services and
the Committee on Foreign Relations of
the Senate''; and
(D) in subsection (d) by adding at the end
the following:
``(3) In the case of a situation that threatens human life
or safety or where a delay would severely undermine the
national security of the United States, notification under
paragraph (2) shall be made not later than 10 days after
obligating funds under the authority in subsection (a) for a
project or activity.''.
Subtitle B--Proliferation Security Initiative
SEC. 1821. PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS AND
AUTHORITIES.
(a) Sense of Congress.--It is the sense of Congress,
consistent with the 9/11 Commission's recommendations, that the
President should strive to expand and strengthen the
Proliferation Security Initiative (in this subtitle referred to
as ``PSI'') announced by the President on May 31, 2003, with a
particular emphasis on the following:
(1) Issuing a presidential directive to the
relevant United States Government agencies and
departments that directs such agencies and departments
to--
(A) establish clear PSI authorities,
responsibilities, and structures;
(B) include in the budget request for each
such agency or department for each fiscal year,
a request for funds necessary for United States
PSI-related activities; and
(C) provide other necessary resources to
achieve more efficient and effective
performance of United States PSI-related
activities.
(2) Increasing PSI cooperation with all countries.
(3) Implementing the recommendations of the
Government Accountability Office (GAO) in the September
2006 report titled ``Better Controls Needed to Plan and
Manage Proliferation Security Initiative Activities''
(GAO-06-937C) regarding the following:
(A) The Department of Defense and the
Department of State should establish clear PSI
roles and responsibilities, policies and
procedures, interagency communication
mechanisms, documentation requirements, and
indicators to measure program results.
(B) The Department of Defense and the
Department of State should develop a strategy
to work with PSI-participating countries to
resolve issues that are impediments to
conducting successful PSI interdictions.
(4) Establishing a multilateral mechanism to
increase coordination, cooperation, and compliance
among PSI-participating countries.
(b) Budget Submission.--
(1) In general.--Each fiscal year in which
activities are planned to be carried out under the PSI,
the President shall include in the budget request for
each participating United States Government agency or
department for that fiscal year, a description of the
funding and the activities for which the funding is
requested for each such agency or department.
(2) Report.--Not later than the first Monday in
February of each year in which the President submits a
budget request described in paragraph (1), the
Secretary of Defense and the Secretary of State shall
submit to Congress a comprehensive joint report setting
forth the following:
(A) A three-year plan, beginning with the
fiscal year for the budget request, that
specifies the amount of funding and other
resources to be provided by the United States
for PSI-related activities over the term of the
plan, including the purposes for which such
funding and resources will be used.
(B) For the report submitted in 2008, a
description of the PSI-related activities
carried out during the three fiscal years
preceding the year of the report, and for the
report submitted in 2009 and each year
thereafter, a description of the PSI-related
activities carried out during the fiscal year
preceding the year of the report. The
description shall include, for each fiscal year
covered by the report--
(i) the amounts obligated and
expended for such activities and the
purposes for which such amounts were
obligated and expended;
(ii) a description of the
participation of each department or
agency of the United States Government
in such activities;
(iii) a description of the
participation of each foreign country
or entity in such activities;
(iv) a description of any
assistance provided to a foreign
country or entity participating in such
activities in order to secure such
participation, in response to such
participation, or in order to improve
the quality of such participation; and
(v) such other information as the
Secretary of Defense and the Secretary
of State determine should be included
to keep Congress fully informed of the
operation and activities of the PSI.
(3) Classification.--The report required by
paragraph (2) shall be in an unclassified form but may
include a classified annex as necessary.
(c) Implementation Report.--Not later than 180 days after
the date of the enactment of this Act, the President shall
transmit to the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate a report on the implementation of this
section. The report shall include--
(1) the steps taken to implement the
recommendations described in paragraph (3) of
subsection (a); and
(2) the progress made toward implementing the
matters described in paragraphs (1), (2), and (4) of
subsection (a).
(d) GAO Reports.--The Government Accountability Office
shall submit to Congress, for each of fiscal years 2007, 2009,
and 2011, a report with its assessment of the progress and
effectiveness of the PSI, which shall include an assessment of
the measures referred to in subsection (a).
SEC. 1822. AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE COUNTRIES.
(a) In General.--The President is authorized to provide
assistance under subsection (b) to any country that cooperates
with the United States and with other countries allied with the
United States to prevent the transport and transshipment of
items of proliferation concern in its national territory or
airspace or in vessels under its control or registry.
(b) Types of Assistance.--The assistance authorized under
subsection (a) consists of the following:
(1) Assistance under section 23 of the Arms Export
Control Act (22 U.S.C. 2763).
(2) Assistance under chapters 4 (22 U.S.C. 2346 et
seq.) and 5 (22 U.S.C. 2347 et seq.) of part II of the
Foreign Assistance Act of 1961.
(3) Drawdown of defense excess defense articles and
services under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j).
(c) Congressional Notification.--Assistance authorized
under this section may not be provided until at least 30 days
after the date on which the President has provided notice
thereof to the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives and the Committee on Armed Services,
the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate, in accordance with the procedures
applicable to reprogramming notifications under section 634A(a)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1(a)),
and has certified to such committees that such assistance will
be used in accordance with the requirement of subsection (e) of
this section.
(d) Limitation.--Assistance may be provided to a country
under section (a) in no more than three fiscal years.
(e) Use of Assistance.--Assistance provided under this
section shall be used to enhance the capability of the
recipient country to prevent the transport and transshipment of
items of proliferation concern in its national territory or
airspace, or in vessels under its control or registry,
including through the development of a legal framework in that
country to enhance such capability by criminalizing
proliferation, enacting strict export controls, and securing
sensitive materials within its borders, and to enhance the
ability of the recipient country to cooperate in PSI
operations.
(f) Limitation on Ship or Aircraft Transfers.--
(1) Limitation.--Except as provided in paragraph
(2), the President may not transfer any excess defense
article that is a vessel or an aircraft to a country
that has not agreed, in connection with such transfer,
that it will support and assist efforts by the United
States, consistent with international law, to interdict
items of proliferation concern until thirty days after
the date on which the President has provided notice of
the proposed transfer to the committees described in
subsection (c) in accordance with the procedures
applicable to reprogramming notifications under section
634A(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1(a)), in addition to any other requirement
of law.
(2) Exception.--The limitation in paragraph (1)
shall not apply to any transfer, not involving
significant military equipment, in which the primary
use of the aircraft or vessel will be for
counternarcotics, counterterrorism, or
counterproliferation purposes.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of
Mass Destruction Proliferation and Terrorism
SEC. 1831. STATEMENT OF POLICY.
It shall be the policy of the United States, consistent
with the 9/11 Commission's recommendations, to eliminate any
obstacles to timely obligating and executing the full amount of
any appropriated funds for threat reduction and
nonproliferation programs in order to accelerate and strengthen
progress on preventing weapons of mass destruction (WMD)
proliferation and terrorism. Such policy shall be implemented
with concrete measures, such as those described in this title,
including the removal and modification of statutory limits to
executing funds, the expansion and strengthening of the
Proliferation Security Initiative, the establishment of the
Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism under
subtitle D, and the establishment of the Commission on the
Prevention of Weapons of Mass Destruction Proliferation and
Terrorism under subtitle E. As a result, Congress intends that
any funds authorized to be appropriated to programs for
preventing WMD proliferation and terrorism under this subtitle
will be executed in a timely manner.
SEC. 1832. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM.
(a) Fiscal Year 2008.--
(1) In general.--Subject to paragraph (2), there
are authorized to be appropriated to the Department of
Defense Cooperative Threat Reduction Program such sums
as may be necessary for fiscal year 2008 for the
following purposes:
(A) Chemical weapons destruction at
Shchuch'ye, Russia.
(B) Biological weapons proliferation
prevention.
(C) Acceleration, expansion, and
strengthening of Cooperative Threat Reduction
Program activities.
(2) Limitation.--The sums appropriated pursuant to
paragraph (1) may not exceed the amounts authorized to
be appropriated by any national defense authorization
Act for fiscal year 2008 (whether enacted before or
after the date of the enactment of this Act) to the
Department of Defense Cooperative Threat Reduction
Program for such purposes.
(b) Future Years.--It is the sense of Congress that in
fiscal year 2008 and future fiscal years, the President should
accelerate and expand funding for Cooperative Threat Reduction
programs administered by the Department of Defense and such
efforts should include, beginning upon enactment of this Act,
encouraging additional commitments by the Russian Federation
and other partner nations, as recommended by the 9/11
Commission.
SEC. 1833. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF ENERGY
PROGRAMS TO PREVENT WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM.
(a) In General.--Subject to subsection (b), there are
authorized to be appropriated to Department of Energy National
Nuclear Security Administration Defense Nuclear
Nonproliferation such sums as may be necessary for fiscal year
2008 to accelerate, expand, and strengthen the following
programs to prevent weapons of mass destruction (WMD)
proliferation and terrorism:
(1) The Global Threat Reduction Initiative.
(2) The Nonproliferation and International Security
program.
(3) The International Materials Protection, Control
and Accounting program.
(4) The Nonproliferation and Verification Research
and Development program.
(b) Limitation.--The sums appropriated pursuant to
subsection (a) may not exceed the amounts authorized to be
appropriated by any national defense authorization Act for
fiscal year 2008 (whether enacted before or after the date of
the enactment of this Act) to Department of Energy National
Nuclear Security Administration Defense Nuclear
Nonproliferation for such purposes.
Subtitle D--Office of the United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism
SEC. 1841. OFFICE OF THE UNITED STATES COORDINATOR FOR THE PREVENTION
OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM.
(a) Establishment.--There is established within the
Executive Office of the President an office to be known as the
``Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism'' (in
this section referred to as the ``Office'').
(b) Officers.--
(1) United states coordinator.--The head of the
Office shall be the United States Coordinator for the
Prevention of Weapons of Mass Destruction Proliferation
and Terrorism (in this section referred to as the
``Coordinator'').
(2) Deputy united states coordinator.--There shall
be a Deputy United States Coordinator for the
Prevention of Weapons of Mass Destruction Proliferation
and Terrorism (in this section referred to as the
``Deputy Coordinator''), who shall--
(A) assist the Coordinator in carrying out
the responsibilities of the Coordinator under
this subtitle; and
(B) serve as Acting Coordinator in the
absence of the Coordinator and during any
vacancy in the office of Coordinator.
(3) Appointment.--The Coordinator and Deputy
Coordinator shall be appointed by the President, by and
with the advice and consent of the Senate, and shall be
responsible on a full-time basis for the duties and
responsibilities described in this section.
(4) Limitation.--No person shall serve as
Coordinator or Deputy Coordinator while serving in any
other position in the Federal Government.
(5) Access by congress.--The establishment of the
Office of the Coordinator within the Executive Office
of the President shall not be construed as affecting
access by the Congress or committees of either House
to--
(A) information, documents, and studies in
the possession of, or conducted by or at the
direction of, the Coordinator; or
(B) personnel of the Office of the
Coordinator.
(c) Duties.--The responsibilities of the Coordinator shall
include the following:
(1) Serving as the principal advisor to the
President on all matters relating to the prevention of
weapons of mass destruction (WMD) proliferation and
terrorism.
(2) Formulating a comprehensive and well-
coordinated United States strategy and policies for
preventing WMD proliferation and terrorism, including--
(A) measurable milestones and targets to
which departments and agencies can be held
accountable;
(B) identification of gaps, duplication,
and other inefficiencies in existing
activities, initiatives, and programs and the
steps necessary to overcome these obstacles;
(C) plans for preserving the nuclear
security investment the United States has made
in Russia, the former Soviet Union, and other
countries;
(D) prioritized plans to accelerate,
strengthen, and expand the scope of existing
initiatives and programs, which include
identification of vulnerable sites and material
and the corresponding actions necessary to
eliminate such vulnerabilities;
(E) new and innovative initiatives and
programs to address emerging challenges and
strengthen United States capabilities,
including programs to attract and retain top
scientists and engineers and strengthen the
capabilities of United States national
laboratories;
(F) plans to coordinate United States
activities, initiatives, and programs relating
to the prevention of WMD proliferation and
terrorism, including those of the Department of
Energy, the Department of Defense, the
Department of State, and the Department of
Homeland Security, and including the
Proliferation Security Initiative, the G-8
Global Partnership Against the Spread of
Weapons and Materials of Mass Destruction,
United Nations Security Council Resolution
1540, and the Global Initiative to Combat
Nuclear Terrorism;
(G) plans to strengthen United States
commitments to international regimes and
significantly improve cooperation with other
countries relating to the prevention of WMD
proliferation and terrorism, with particular
emphasis on work with the international
community to develop laws and an international
legal regime with universal jurisdiction to
enable any state in the world to interdict and
prosecute smugglers of WMD material, as
recommended by the 9/11 Commission; and
(H) identification of actions necessary to
implement the recommendations of the Commission
on the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism
established under subtitle E of this title.
(3) Leading inter-agency coordination of United
States efforts to implement the strategy and policies
described in this section.
(4) Conducting oversight and evaluation of
accelerated and strengthened implementation of
initiatives and programs to prevent WMD proliferation
and terrorism by relevant government departments and
agencies.
(5) Overseeing the development of a comprehensive
and coordinated budget for programs and initiatives to
prevent WMD proliferation and terrorism, ensuring that
such budget adequately reflects the priority of the
challenges and is effectively executed, and carrying
out other appropriate budgetary authorities.
(d) Staff.--The Coordinator may--
(1) appoint, employ, fix compensation, and
terminate such personnel as may be necessary to enable
the Coordinator to perform his or her duties under this
title;
(2) direct, with the concurrence of the Secretary
of a department or head of an agency, the temporary
reassignment within the Federal Government of personnel
employed by such department or agency, in order to
implement United States policy with regard to the
prevention of WMD proliferation and terrorism;
(3) use for administrative purposes, on a
reimbursable basis, the available services, equipment,
personnel, and facilities of Federal, State, and local
agencies;
(4) procure the services of experts and consultants
in accordance with section 3109 of title 5, United
States Code, relating to appointments in the Federal
Service, at rates of compensation for individuals not
to exceed the daily equivalent of the rate of pay
payable for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code; and
(5) use the mails in the same manner as any other
department or agency of the executive branch.
(e) Consultation With Commission.--The Office and the
Coordinator shall regularly consult with and strive to
implement the recommendations of the Commission on the
Prevention of Weapons of Mass Destruction Proliferation and
Terrorism, established under subtitle E of this title.
(f) Annual Report on Strategic Plan.--For fiscal year 2009
and each fiscal year thereafter, the Coordinator shall submit
to Congress, at the same time as the submission of the budget
for that fiscal year under title 31, United States Code, a
report on the strategy and policies developed pursuant to
subsection (c)(2), together with any recommendations of the
Coordinator for legislative changes that the Coordinator
considers appropriate with respect to such strategy and
policies and their implementation or the Office of the
Coordinator.
(g) Participation in National Security Council and Homeland
Security Council.--Section 101 of the National Security Act of
1947 (50 U.S.C. 402) is amended--
(1) by redesignating the last subsection (added as
``(i)'' by section 301 of Public Law 105-292) as
subsection (k); and
(2) by adding at the end the following:
``(l) Participation of Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism.--The
United States Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism (or, in the
Coordinator's absence, the Deputy United States Coordinator)
may, in the performance of the Coordinator's duty as principal
advisor to the President on all matters relating to the
prevention of weapons of mass destruction proliferation and
terrorism, and, subject to the direction of the President,
attend and participate in meetings of the National Security
Council and the Homeland Security Council.''.
SEC. 1842. SENSE OF CONGRESS ON UNITED STATES-RUSSIA COOPERATION AND
COORDINATION ON THE PREVENTION OF WEAPONS OF MASS
DESTRUCTION PROLIFERATION AND TERRORISM.
It is the sense of the Congress that, as soon as practical,
the President should engage the President of the Russian
Federation in a discussion of the purposes and goals for the
establishment of the Office of the United States Coordinator
for the Prevention of Weapons of Mass Destruction Proliferation
and Terrorism (in this section referred to as the ``Office''),
the authorities and responsibilities of the United States
Coordinator for the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism (in this section referred to as the
``United States Coordinator''), and the importance of strong
cooperation between the United States Coordinator and a senior
official of the Russian Federation having authorities and
responsibilities for preventing weapons of mass destruction
proliferation and terrorism commensurate with those of the
United States Coordinator, and with whom the United States
Coordinator should coordinate planning and implementation of
activities within and outside of the Russian Federation having
the purpose of preventing weapons of mass destruction
proliferation and terrorism.
Subtitle E--Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism
SEC. 1851. ESTABLISHMENT OF COMMISSION ON THE PREVENTION OF WEAPONS OF
MASS DESTRUCTION PROLIFERATION AND TERRORISM.
There is established the Commission on the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism (in
this subtitle referred to as the ``Commission'').
SEC. 1852. PURPOSES OF COMMISSION.
(a) In General.--The purposes of the Commission are to--
(1) assess current activities, initiatives, and
programs to prevent weapons of mass destruction
proliferation and terrorism; and
(2) provide a clear and comprehensive strategy and
concrete recommendations for such activities,
initiatives, and programs.
(b) In Particular.--The Commission shall give particular
attention to activities, initiatives, and programs to secure
all nuclear weapons-usable material around the world and to
significantly accelerate, expand, and strengthen, on an urgent
basis, United States and international efforts to prevent,
stop, and counter the spread of nuclear weapons capabilities
and related equipment, material, and technology to terrorists
and states of concern.
SEC. 1853. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 9
members, of whom--
(1) 1 member shall be appointed by the leader of
the Senate of the Democratic Party (majority or
minority leader, as the case may be), with the
concurrence of the leader of the House of
Representatives of the Democratic party (majority or
minority leader as the case may be), who shall serve as
chairman of the Commission;
(2) 2 members shall be appointed by the senior
member of the Senate leadership of the Democratic
party;
(3) 2 members shall be appointed by the senior
member of the Senate leadership of the Republican
party;
(4) 2 members shall be appointed by the senior
member of the leadership of the House of
Representatives of the Democratic party; and
(5) 2 members shall be appointed by the senior
member of the leadership of the House of
Representatives of the Republican party.
(b) Qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with significant depth of experience in
the nonproliferation or arms control fields.
(c) Deadline for Appointment.--All members of the
Commission shall be appointed within 90 days of the date of the
enactment of this Act.
(d) Initial Meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(e) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the chairman or a
majority of its members. Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
SEC. 1854. RESPONSIBILITIES OF COMMISSION.
(a) In General.--The Commission shall address--
(1) the roles, missions, and structure of all
relevant government departments, agencies, and other
actors, including the Office of the United States
Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism established
under subtitle D of this title;
(2) inter-agency coordination;
(3) United States commitments to international
regimes and cooperation with other countries; and
(4) the threat of weapons of mass destruction
proliferation and terrorism to the United States and
its interests and allies, including the threat posed by
black-market networks, and the effectiveness of the
responses by the United States and the international
community to such threats.
(b) Follow-on Baker-Cutler Report.--The Commission shall
also reassess, and where necessary update and expand on, the
conclusions and recommendations of the report titled ``A Report
Card on the Department of Energy's Nonproliferation Programs
with Russia'' of January 2001 (also known as the ``Baker-Cutler
Report'') and implementation of such recommendations.
SEC. 1855. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this subtitle,
hold such hearings and sit and act at such times and places,
take such testimony, receive such evidence, and administer such
oaths as the Commission or such designate subcommittee or
designated member may determine advisable.
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriations Acts, enter into
contracts to enable the Commission to discharge its duties
under this subtitle.
(c) Staff of Commission.--
(1) Appointment and compensation.--The chairman of
the Commission, in accordance with rules agreed upon by
the Commission, may appoint and fix the compensation of
a staff director and such other personnel as may be
necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed
under this subsection may exceed the equivalent of that
payable for a position at level V of the Executive
Schedule under section 5316 of title 5, United States
Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and
any employees of the Commission shall be
employees under section 2105 of title 5, United
States Code, for purposes of chapters 63, 81,
83, 84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph
(A) shall not be construed to apply to members
of the Commission.
(3) Detailees.--Any Federal Government employee may
be detailed to the Commission without reimbursement
from the Commission, and such detailee shall retain the
rights, status, and privileges of his or her regular
employment without interruption.
(4) Consultant services.--The Commission may
procure the services of experts and consultants in
accordance with section 3109 of title 5, United States
Code, but at rates not to exceed the daily rate paid a
person occupying a position at level IV of the
Executive Schedule under section 5315 of title 5,
United States Code.
(5) Emphasis on security clearances.--Emphasis
shall be made to hire employees and retain contractors
and detailees with active security clearances.
(d) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to
secure directly from any executive department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality of the Government,
information, suggestions, estimates, and statistics for
the purposes of this subtitle. Each department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the
chairman of any subcommittee created by a majority of
the Commission, or any member designated by a majority
of the Commission.
(2) Receipt, handling, storage, and
dissemination.--Information shall only be received,
handled, stored, and disseminated by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The
Administrator of General Services shall provide to the
Commission on a reimbursable basis administrative
support and other services for the performance of the
Commission's functions.
(2) Other departments and agencies.--In addition to
the assistance prescribed in paragraph (1), departments
and agencies of the United States may provide to the
Commission such services, funds, facilities, staff, and
other support services as they may determine advisable
and as may be authorized by law.
(f) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(g) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the report required
under section 1857.
(c) Public Hearings.--Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.
SEC. 1857. REPORT.
Not later than 180 days after the appointment of the
Commission, the Commission shall submit to the President and
Congress a final report containing such findings, conclusions,
and recommendations for corrective measures as have been agreed
to by a majority of Commission members.
SEC. 1858. TERMINATION.
(a) In General.--The Commission, and all the authorities of
this subtitle, shall terminate 60 days after the date on which
the final report is submitted under section 1857.
(b) Administrative Activities Before Termination.--The
Commission may use the 60-day period referred to in subsection
(a) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
report and disseminating the final report.
SEC. 1859. FUNDING.
(a) In General.--There are authorized to be appropriated
such sums as may be necessary for the purposes of the
activities of the Commission under this title.
(b) Duration of Availability.--Amounts made available to
the Commission under subsection (a) shall remain available
until the termination of the Commission.
TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES
SEC. 1901. PROMOTING ANTITERRORISM CAPABILITIES THROUGH INTERNATIONAL
COOPERATION.
(a) Findings.--Congress finds the following:
(1) The development and implementation of
technology is critical to combating terrorism and other
high consequence events and implementing a
comprehensive homeland security strategy.
(2) The United States and its allies in the global
war on terrorism share a common interest in
facilitating research, development, testing, and
evaluation of equipment, capabilities, technologies,
and services that will aid in detecting, preventing,
responding to, recovering from, and mitigating against
acts of terrorism.
(3) Certain United States allies in the global war
on terrorism, including Israel, the United Kingdom,
Canada, Australia, and Singapore have extensive
experience with, and technological expertise in,
homeland security.
(4) The United States and certain of its allies in
the global war on terrorism have a history of
successful collaboration in developing mutually
beneficial equipment, capabilities, technologies, and
services in the areas of defense, agriculture, and
telecommunications.
(5) The United States and its allies in the global
war on terrorism will mutually benefit from the sharing
of technological expertise to combat domestic and
international terrorism.
(6) The establishment of an office to facilitate
and support cooperative endeavors between and among
government agencies, for-profit business entities,
academic institutions, and nonprofit entities of the
United States and its allies will safeguard lives and
property worldwide against acts of terrorism and other
high consequence events.
(b) Promoting Antiterrorism Through International
Cooperation Act.--
(1) In general.--Title III of the Homeland Security
Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding
after section 316, as added by section 1101 of this
Act, the following:
``SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION
PROGRAM.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the
Director selected under subsection (b)(2).
``(2) International cooperative activity.--The term
`international cooperative activity' includes--
``(A) coordinated research projects, joint
research projects, or joint ventures;
``(B) joint studies or technical
demonstrations;
``(C) coordinated field exercises,
scientific seminars, conferences, symposia, and
workshops;
``(D) training of scientists and engineers;
``(E) visits and exchanges of scientists,
engineers, or other appropriate personnel;
``(F) exchanges or sharing of scientific
and technological information; and
``(G) joint use of laboratory facilities
and equipment.
``(b) Science and Technology Homeland Security
International Cooperative Programs Office.--
``(1) Establishment.--The Under Secretary shall
establish the Science and Technology Homeland Security
International Cooperative Programs Office.
``(2) Director.--The Office shall be headed by a
Director, who--
``(A) shall be selected, in consultation
with the Assistant Secretary for International
Affairs, by and shall report to the Under
Secretary; and
``(B) may be an officer of the Department
serving in another position.
``(3) Responsibilities.--
``(A) Development of mechanisms.--The
Director shall be responsible for developing,
in coordination with the Department of State
and, as appropriate, the Department of Defense,
the Department of Energy, and other Federal
agencies, understandings and agreements to
allow and to support international cooperative
activity in support of homeland security.
``(B) Priorities.--The Director shall be
responsible for developing, in coordination
with the Office of International Affairs and
other Federal agencies, strategic priorities
for international cooperative activity for the
Department in support of homeland security.
``(C) Activities.--The Director shall
facilitate the planning, development, and
implementation of international cooperative
activity to address the strategic priorities
developed under subparagraph (B) through
mechanisms the Under Secretary considers
appropriate, including grants, cooperative
agreements, or contracts to or with foreign
public or private entities, governmental
organizations, businesses (including small
businesses and socially and economically
disadvantaged small businesses (as those terms
are defined in sections 3 and 8 of the Small
Business Act (15 U.S.C. 632 and 637),
respectively)), federally funded research and
development centers, and universities.
``(D) Identification of partners.--The
Director shall facilitate the matching of
United States entities engaged in homeland
security research with non-United States
entities engaged in homeland security research
so that they may partner in homeland security
research activities.
``(4) Coordination.--The Director shall ensure that
the activities under this subsection are coordinated
with the Office of International Affairs and the
Department of State and, as appropriate, the Department
of Defense, the Department of Energy, and other
relevant Federal agencies or interagency bodies. The
Director may enter into joint activities with other
Federal agencies.
``(c) Matching Funding.--
``(1) In general.--
``(A) Equitability.--The Director shall
ensure that funding and resources expended in
international cooperative activity will be
equitably matched by the foreign partner
government or other entity through direct
funding, funding of complementary activities,
or the provision of staff, facilities,
material, or equipment.
``(B) Grant matching and repayment.--
``(i) In general.--The Secretary
may require a recipient of a grant
under this section--
``(I) to make a matching
contribution of not more than
50 percent of the total cost of
the proposed project for which
the grant is awarded; and
``(II) to repay to the
Secretary the amount of the
grant (or a portion thereof),
interest on such amount at an
appropriate rate, and such
charges for administration of
the grant as the Secretary
determines appropriate.
``(ii) Maximum amount.--The
Secretary may not require that
repayment under clause (i)(II) be more
than 150 percent of the amount of the
grant, adjusted for inflation on the
basis of the Consumer Price Index.
``(2) Foreign partners.--Partners may include
Israel, the United Kingdom, Canada, Australia,
Singapore, and other allies in the global war on
terrorism as determined to be appropriate by the
Secretary of Homeland Security and the Secretary of
State.
``(3) Loans of equipment.--The Director may make or
accept loans of equipment for research and development
and comparative testing purposes.
``(d) Foreign Reimbursements.--If the Science and
Technology Homeland Security International Cooperative Programs
Office participates in an international cooperative activity
with a foreign partner on a cost-sharing basis, any
reimbursements or contributions received from that foreign
partner to meet its share of the project may be credited to
appropriate current appropriations accounts of the Directorate
of Science and Technology.
``(e) Report to Congress on International Cooperative
Activities.--Not later than one year after the date of
enactment of this section, and every 5 years thereafter, the
Under Secretary, acting through the Director, shall submit to
Congress a report containing--
``(1) a brief description of each grant,
cooperative agreement, or contract made or entered into
under subsection (b)(3)(C), including the participants,
goals, and amount and sources of funding; and
``(2) a list of international cooperative
activities underway, including the participants, goals,
expected duration, and amount and sources of funding,
including resources provided to support the activities
in lieu of direct funding.
``(f) Animal and Zoonotic Diseases.--As part of the
international cooperative activities authorized in this
section, the Under Secretary, in coordination with the Chief
Medical Officer, the Department of State, and appropriate
officials of the Department of Agriculture, the Department of
Defense, and the Department of Health and Human Services, may
enter into cooperative activities with foreign countries,
including African nations, to strengthen American preparedness
against foreign animal and zoonotic diseases overseas that
could harm the Nation's agricultural and public health sectors
if they were to reach the United States.
``(g) Construction; Authorities of the Secretary of
State.--Nothing in this section shall be construed to alter or
affect the following provisions of law:
``(1) Title V of the Foreign Relations
Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656a et
seq.).
``(2) Section 112b(c) of title 1, United States
Code.
``(3) Section 1(e)(2) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)).
``(4) Sections 2 and 27 of the Arms Export Control
Act (22 U.S.C. 2752 and 22 U.S.C. 2767).
``(5) Section 622(c) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2382(c)).
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as are necessary.''.
(2) Technical and conforming amendment.--The table
of contents in section 1(b) of the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 316, as
added by section 1101 of this Act, the following:
``Sec. 317. Promoting antiterrorism through international cooperation
program.''.
SEC. 1902. TRANSPARENCY OF FUNDS.
For each Federal award (as that term is defined in section
2 of the Federal Funding Accountability and Transparency Act of
2006 (31 U.S.C. 6101 note)) under this title or an amendment
made by this title, the Director of the Office of Management
and Budget shall ensure full and timely compliance with the
requirements of the Federal Funding Accountability and
Transparency Act of 2006 (31 U.S.C. 6101 note).
TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION
SEC. 2001. SHORT TITLE.
This title may be cited as the ``9/11 Commission
International Implementation Act of 2007''.
SEC. 2002. DEFINITION.
In this title, except as otherwise provided, the term
``appropriate congressional committees''--
(1) means--
(A) the Committee on Foreign Affairs and
the Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate;
and
(2) includes, for purposes of subtitle D, the
Committees on Armed Services of the House of
Representatives and of the Senate.
Subtitle A--Quality Educational Opportunities in Predominantly Muslim
Countries.
SEC. 2011. FINDINGS; POLICY.
(a) Findings.--Congress makes the following findings:
(1) The report of the National Commission on
Terrorist Attacks Upon the United States stated that
``[e]ducation that teaches tolerance, the dignity and
value of each individual, and respect for different
beliefs is a key element in any global strategy to
eliminate Islamist terrorism''.
(2) The report of the National Commission on
Terrorist Attacks Upon the United States concluded that
ensuring educational opportunity is essential to the
efforts of the United States to defeat global terrorism
and recommended that the United States Government
``should offer to join with other nations in generously
supporting [spending funds] . . . directly for building
and operating primary and secondary schools in those
Muslim states that commit to sensibly investing their
own money in public education''.
(3) While Congress endorsed such a program in the
Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458), such a program has not been
established.
(b) Policy.--It is the policy of the United States--
(1) to work toward the goal of dramatically
increasing the availability of modern basic education
through public schools in predominantly Muslim
countries, which will reduce the influence of radical
madrassas and other institutions that promote religious
extremism;
(2) to join with other countries in generously
supporting the International Muslim Youth Opportunity
Fund authorized under section 7114 of the Intelligence
Reform and Terrorism Prevention Act of 2004, as amended
by section 2012 of this Act, with the goal of building
and supporting public primary and secondary schools in
predominantly Muslim countries that commit to sensibly
investing the resources of such countries in modern
public education;
(3) to offer additional incentives to increase the
availability of modern basic education in predominantly
Muslim countries; and
(4) to work to prevent financing of educational
institutions that support radical Islamic
fundamentalism.
SEC. 2012. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.
Section 7114 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (22 U.S.C. 2228) is amended to read as
follows:
``SEC. 7114. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.
``(a) Purpose.--The purpose of this section is to
strengthen the public educational systems in predominantly
Muslim countries by--
``(1) authorizing the establishment of an
International Muslim Youth Educational Fund through
which the United States dedicates resources, either
through a separate fund or through an international
organization, to assist those countries that commit to
education reform; and
``(2) providing resources for the Fund and to the
President to help strengthen the public educational
systems in those countries.
``(b) Establishment of Fund.--
``(1) Authority.--The President is authorized to
establish an International Muslim Youth Opportunity
Fund and to carry out programs consistent with
paragraph (4) under existing authorities, including the
Mutual Educational and Cultural Exchange Act of 1961
(commonly referred to as the `Fulbright-Hays Act').
``(2) Location.--The Fund may be established--
``(A) as a separate fund in the Treasury;
or
``(B) through an international organization
or international financial institution, such as
the United Nations Educational, Science and
Cultural Organization, the United Nations
Development Program, or the International Bank
for Reconstruction and Development.
``(3) Transfers and receipts.--The head of any
department, agency, or instrumentality of the United
States Government may transfer any amount to the Fund,
and the Fund may receive funds from private
enterprises, foreign countries, or other entities.
``(4) Activities of the fund.--The Fund shall
support programs described in this paragraph to improve
the education environment in predominantly Muslim
countries.
``(A) Assistance to enhance modern
educational programs.--
``(i) The establishment in
predominantly Muslim countries of a
program of reform to create a modern
education curriculum in the public
educational systems in such countries.
``(ii) The establishment or
modernization of educational materials
to advance a modern educational
curriculum in such systems.
``(iii) Teaching English to adults
and children.
``(iv) The enhancement in
predominantly Muslim countries of
community, family, and student
participation in the formulation and
implementation of education strategies
and programs in such countries.
``(B) Assistance for training and exchange
programs for teachers, administrators, and
students.--
``(i) The establishment of training
programs for teachers and educational
administrators to enhance skills,
including the establishment of regional
centers to train individuals who can
transfer such skills upon return to
their countries.
``(ii) The establishment of
exchange programs for teachers and
administrators in predominantly Muslim
countries and with other countries to
stimulate additional ideas and reform
throughout the world, including teacher
training exchange programs focused on
primary school teachers in such
countries.
``(iii) The establishment of
exchange programs for primary and
secondary students in predominantly
Muslim countries and with other
countries to foster understanding and
tolerance and to stimulate long-
standing relationships.
``(C) Assistance targeting primary and
secondary students.--
``(i) The establishment in
predominantly Muslim countries of
after-school programs, civic education
programs, and education programs
focusing on life skills, such as
interpersonal skills and social
relations and skills for healthy
living, such as nutrition and physical
fitness.
``(ii) The establishment in
predominantly Muslim countries of
programs to improve the proficiency of
primary and secondary students in
information technology skills.
``(D) Assistance for development of youth
professionals.--
``(i) The establishment of programs
in predominantly Muslim countries to
improve vocational training in trades
to help strengthen participation of
Muslims and Arabs in the economic
development of their countries.
``(ii) The establishment of
programs in predominantly Muslim
countries that target older Muslim
youths not in school in such areas as
entrepreneurial skills, accounting,
micro-finance activities, work
training, financial literacy, and
information technology.
``(E) Other types of assistance.--
``(i) The translation of foreign
books, newspapers, reference guides,
and other reading materials into local
languages.
``(ii) The construction and
equipping of modern community and
university libraries.
``(5) Authorization of appropriations.--
``(A) In general.--There is authorized to
be appropriated to the President to carry out
this section such sums as may be necessary for
fiscal years 2008, 2009, and 2010.
``(B) Availability.--Amounts appropriated
pursuant to the authorization of appropriations
under subsection (a) are authorized to remain
available until expended.
``(C) Additional funds.--Amounts authorized
to be appropriated under subsection (a) shall
be in addition to amounts otherwise available
for such purposes.
``(6) Report to congress.--Not later than 180 days
after the date of the enactment of this section and
annually thereafter until January 30, 2010, the
President shall submit to the appropriate congressional
committees a report on United States efforts to assist
in the improvement of educational opportunities for
predominantly Muslim children and youths, including the
progress made toward establishing the International
Muslim Youth Opportunity Fund.
``(7) Appropriate congressional committees
defined.--In this subsection, the term `appropriate
congressional committees' means the Committee on
Foreign Affairs and the Committee on Appropriations of
the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations
of the Senate.''.
SEC. 2013. ANNUAL REPORT TO CONGRESS.
(a) In General.--Not later than June 1 of each year until
December 31, 2009, the Secretary of State shall submit to the
appropriate congressional committees a report on the efforts of
predominantly Muslim countries to increase the availability of
modern basic education and to close educational institutions
that promote religious extremism and terrorism.
(b) Contents.--Each report shall include--
(1) a list of predominantly Muslim countries that
are making serious and sustained efforts to improve the
availability of modern basic education and to close
educational institutions that promote religious
extremism and terrorism;
(2) a list of such countries that are making
efforts to improve the availability of modern basic
education and to close educational institutions that
promote religious extremism and terrorism, but such
efforts are not serious and sustained;
(3) a list of such countries that are not making
efforts to improve the availability of modern basic
education and to close educational institutions that
promote religious extremism and terrorism; and
(4) an assessment for each country specified in
each of paragraphs (1), (2), and (3) of the role of
United States assistance with respect to the efforts
made or not made to improve the availability of modern
basic education and close educational institutions that
promote religious extremism and terrorism.
SEC. 2014. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED
SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO
PROVIDE SCHOLARSHIPS.
(a) Findings.--Congress finds the following:
(1) Section 7113 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458;
22 U.S.C. 2452 note) authorized the establishment of a
pilot program to provide grants to American-sponsored
schools in predominantly Muslim countries so that such
schools could provide scholarships to young people from
lower-income and middle-income families in such
countries to attend such schools, where they could
improve their English and be exposed to a modern
education.
(2) Since the date of the enactment of that
section, the Middle East Partnership Initiative has
pursued implementation of that program.
(b) Extension of Program.--
(1) In general.--Section 7113 of the Intelligence
Reform and Terrorism Prevention Act of 2004 is
amended--
(A) in the section heading by striking
``PILOT''; and
(B) in subsection (c)--
(i) in the subsection heading, by
striking ``Pilot''; and
(ii) by striking ``pilot'';
(C) in subsection (d), by striking
``pilot'' each place it appears;
(D) in subsection (f) by striking
``pilot'';
(E) in subsection (g), in the first
sentence--
(i) by inserting ``and April 15,
2008,'' after ``April 15, 2006,''; and
(ii) by striking ``pilot''; and
(F) in subsection (h)--
(i) by striking ``2005 and 2006''
and inserting ``2007 and 2008''; and
(ii) by striking ``pilot''.
(2) Conforming amendment.--Section 1(b) of such Act
is amended, in the table of contents, by striking the
item relating to section 7113 and inserting after
section 7112 the following new item:
``7113. Program to provide grants to American-sponsored schools in
predominantly Muslim countries to provide scholarships.''.
Subtitle B--Democracy and Development in the Broader Middle East Region
SEC. 2021. MIDDLE EAST FOUNDATION.
(a) Purposes.--The purposes of this section are to support,
through the provision of grants, technical assistance,
training, and other programs, in the countries of the broader
Middle East region, the expansion of--
(1) civil society;
(2) opportunities for political participation for
all citizens;
(3) protections for internationally recognized
human rights, including the rights of women;
(4) educational system reforms;
(5) independent media;
(6) policies that promote economic opportunities
for citizens;
(7) the rule of law; and
(8) democratic processes of government.
(b) Middle East Foundation.--
(1) Designation.--The Secretary of State is
authorized to designate an appropriate private,
nonprofit organization that is organized or
incorporated under the laws of the United States or of
a State as the Middle East Foundation (referred to in
this section as the ``Foundation'').
(2) Funding.--
(A) Authority.--The Secretary of State is
authorized to provide funding to the Foundation
through the Middle East Partnership Initiative
of the Department of State. Notwithstanding any
other provision of law, the Foundation shall
use amounts provided under this paragraph to
carry out the purposes specified in subsection
(a), including through making grants, using
such funds as an endowment, and providing other
assistance to entities to carry out programs
for such purposes.
(B) Funding from other sources.--In
determining the amount of funding to provide to
the Foundation, the Secretary of State shall
take into consideration the amount of funds
that the Foundation has received from sources
other than the United States Government.
(3) Notification to congressional committees.--The
Secretary of State shall notify the appropriate
congressional committees of the designation of an
appropriate organization as the Foundation.
(c) Grants for Projects.--
(1) Foundation to make grants.--The Secretary of
State shall enter into an agreement with the Foundation
that requires the Foundation to use the funds provided
under subsection (b)(2) to make grants to persons or
entities (other than governments or government
entities) located in the broader Middle East region or
working with local partners based in the broader Middle
East region to carry out projects that support the
purposes specified in subsection (a).
(2) Center for public policy.--Under the agreement
described in paragraph (1), the Foundation may make a
grant to an institution of higher education located in
the broader Middle East region to create a center for
public policy for the purpose of permitting scholars
and professionals from the countries of the broader
Middle East region and from other countries, including
the United States, to carry out research, training
programs, and other activities to inform public
policymaking in the broader Middle East region and to
promote broad economic, social, and political reform
for the people of the broader Middle East region.
(3) Applications for grants.--An entity seeking a
grant from the Foundation under this section shall
submit an application to the head of the Foundation at
such time, in such manner, and containing such
information as the head of the Foundation may
reasonably require.
(d) Private Character of the Foundation.--Nothing in this
section shall be construed to--
(1) make the Foundation an agency or establishment
of the United States Government, or to make the
officers or employees of the Foundation officers or
employees of the United States for purposes of title 5,
United States Code; or
(2) impose any restriction on the Foundation's
acceptance of funds from private and public sources in
support of its activities consistent with the purposes
specified in subsection (a).
(e) Limitation on Payments to Foundation Personnel.--No
part of the funds provided to the Foundation under this section
shall inure to the benefit of any officer or employee of the
Foundation, except as salary or reasonable compensation for
services.
(f) Retention of Interest.--The Foundation may hold funds
provided under this section in interest-bearing accounts prior
to the disbursement of such funds to carry out the purposes
specified in subsection (a), and may retain for such purposes
any interest earned without returning such interest to the
Treasury of the United States. The Foundation may retain and
use such funds as an endowment to carry out the purposes
specified in subsection (a).
(g) Financial Accountability.--
(1) Independent private audits of the foundation.--
The accounts of the Foundation shall be audited
annually in accordance with generally accepted auditing
standards by independent certified public accountants
or independent licensed public accountants certified or
licensed by a regulatory authority of a State or other
political subdivision of the United States. The report
of the independent audit shall be included in the
annual report required by subsection (h).
(2) GAO audits.--The financial transactions
undertaken pursuant to this section by the Foundation
may be audited by the Government Accountability Office
in accordance with such principles and procedures and
under such rules and regulations as may be prescribed
by the Comptroller General of the United States.
(3) Audits of grant recipients.--
(A) In general.--A recipient of a grant
from the Foundation shall agree to permit an
audit of the books and records of such
recipient related to the use of the grant
funds.
(B) Recordkeeping.--Such recipient shall
maintain appropriate books and records to
facilitate an audit referred to in subparagraph
(A), including--
(i) separate accounts with respect
to the grant funds;
(ii) records that fully disclose
the use of the grant funds;
(iii) records describing the total
cost of any project carried out using
grant funds; and
(iv) the amount and nature of any
funds received from other sources that
were combined with the grant funds to
carry out a project.
(h) Annual Reports.--Not later than January 31, 2008, and
annually thereafter, the Foundation shall submit to the
appropriate congressional committees and make available to the
public a report that includes, for the fiscal year prior to the
fiscal year in which the report is submitted, a comprehensive
and detailed description of--
(1) the operations and activities of the Foundation
that were carried out using funds provided under this
section;
(2) grants made by the Foundation to other entities
with funds provided under this section;
(3) other activities of the Foundation to further
the purposes specified in subsection (a); and
(4) the financial condition of the Foundation.
(i) Broader Middle East Region Defined.--In this section,
the term ``broader Middle East region'' means Afghanistan,
Algeria, Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon,
Libya, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Syria,
Tunisia, United Arab Emirates, West Bank and Gaza, and Yemen.
(j) Repeal.--Section 534(k) of Public Law 109-102 is
repealed.
Subtitle C--Reaffirming United States Moral Leadership
SEC. 2031. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC DIPLOMACY.
(a) Finding.--Congress finds that the report of the
National Commission on Terrorist Attacks Upon the United States
stated that, ``Recognizing that Arab and Muslim audiences rely
on satellite television and radio, the government has begun
some promising initiatives in television and radio broadcasting
to the Arab world, Iran, and Afghanistan. These efforts are
beginning to reach large audiences. The Broadcasting Board of
Governors has asked for much larger resources. It should get
them.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States needs to improve its
communication of information and ideas to people in
foreign countries, particularly in countries with
significant Muslim populations; and
(2) public diplomacy should reaffirm the paramount
commitment of the United States to democratic
principles, including preserving the civil liberties of
all the people of the United States, including Muslim-
Americans.
(c) Special Authority for Surge Capacity.--The United
States International Broadcasting Act of 1994 (22 U.S.C. 6201
et seq.) is amended by adding at the end the following new
section:
``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.
``(a) Emergency Authority.--
``(1) In general.--Whenever the President
determines it to be important to the national interests
of the United States and so certifies to the
appropriate congressional committees, the President, on
such terms and conditions as the President may
determine, is authorized to direct any department,
agency, or other entity of the United States to furnish
the Broadcasting Board of Governors with such
assistance outside the United States as may be
necessary to provide international broadcasting
activities of the United States with a surge capacity
to support United States foreign policy objectives
during a crisis abroad.
``(2) Supersedes existing law.--The authority of
paragraph (1) shall supersede any other provision of
law.
``(3) Surge capacity defined.--In this subsection,
the term `surge capacity' means the financial and
technical resources necessary to carry out broadcasting
activities in a geographical area during a crisis
abroad.
``(4) Duration.--The President is authorized to
exercise the authority provided in subsection (a)(1)
for a period of up to six months, which may be renewed
for one additional six month period.
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be
appropriated to the President such sums as may be
necessary for the President to carry out this section,
except that no such amount may be appropriated which,
when added to amounts previously appropriated for such
purpose but not yet obligated, would cause such amounts
to exceed $25,000,000.
``(2) Availability of funds.--Amounts appropriated
pursuant to the authorization of appropriations in this
subsection are authorized to remain available until
expended.
``(3) Designation of appropriations.--Amounts
appropriated pursuant to the authorization of
appropriations in this subsection may be referred to as
the `United States International Broadcasting Surge
Capacity Fund'.
``(c) Report.--The annual report submitted to the President
and Congress by the Broadcasting Board of Governors under
section 305(a)(9) shall provide a detailed description of any
activities carried out under this section.''.
SEC. 2032. OVERSIGHT OF INTERNATIONAL BROADCASTING.
(a) Transcription of Persian and Arabic Language
Broadcasts.--Not later than 90 days after the date of the
enactment of this Act, the Broadcasting Board of Governors
shall initiate a pilot project to transcribe into the English
language news and information programming broadcast by Radio
Farda, Radio Sawa, the Persian Service of the Voice of America,
and Alhurra.
(b) Random Sampling; Public Availability.--The
transcription required under subsection (a) shall consist of a
random sampling of such programming. The transcripts shall be
available to Congress and the public on the Internet site of
the Board.
(c) Report.--Not later than May 1, 2008, the Chairman of
the Broadcasting Board of Governors shall submit to the
Committee on Foreign Affairs of the House of Representatives
and Committee on Foreign Relations of the Senate a report on
the feasibility and utility of continuing the pilot project
required under subsection (a).
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the ``International Broadcasting
Operations'' account of the Broadcasting Board of Governors
$2,000,000 for fiscal year 2008 to carry out the pilot project
required under subsection (a).
SEC. 2033. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, AND
LIBRARY PROGRAMS IN PREDOMINANTLY MUSLIM COUNTRIES.
(a) Report; Certification.--Not later than 30 days after
the date of the enactment of this Act and every 180 days
thereafter until December 31, 2009, the Secretary of State
shall submit to the appropriate congressional committees a
report on the recommendations of the National Commission on
Terrorist Attacks Upon the United States and the policy goals
described in section 7112 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) for
expanding United States scholarship, exchange, and library
programs in predominantly Muslim countries. Such report shall
include--
(1) a certification by the Secretary of State that
such recommendations have been implemented; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description
of--
(A) the steps taken to implement such
recommendations and achieve such policy goals;
(B) when the Secretary of State expects
such recommendations to be implemented and such
policy goals to be achieved; and
(C) any allocation of resources or other
actions by Congress the Secretary of State
considers necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a
report under subsection (a) shall terminate when the Secretary
of State submits a certification pursuant to paragraph (1) of
such subsection.
SEC. 2034. UNITED STATES POLICY TOWARD DETAINEES.
(a) Findings.--Congress finds the following:
(1) The National Commission on Terrorist Attacks
Upon the United States (commonly referred to as the
``9/11 Commission'') declared that the United States
``should work with friends to develop mutually agreed-
on principles for the detention and humane treatment of
captured international terrorists who are not being
held under a particular country's criminal laws'' and
recommended that the United States engage its allies
``to develop a common coalition approach toward the
detention and humane treatment of captured
terrorists''.
(2) A number of investigations remain ongoing by
countries that are close United States allies in the
war on terrorism regarding the conduct of officials,
employees, and agents of the United States and of other
countries related to conduct regarding detainees.
(3) The Secretary of State has launched an
initiative to try to address the differences between
the United States and many of its allies regarding the
treatment of detainees.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary, acting through the Legal Adviser of the
Department of State, should continue to build on the
Secretary's efforts to engage United States allies to develop a
common coalition approach, in compliance with Common Article 3
of the Geneva Conventions and other applicable legal
principles, toward the detention and humane treatment of
individuals detained during Operation Iraqi Freedom, Operation
Enduring Freedom, or in connection with United States
counterterrorist operations.
(c) Reporting to Congress.--
(1) Briefings.--The Secretary of State shall keep
the appropriate congressional committees fully and
currently informed of the progress of any discussions
between the United States and its allies regarding the
development of the common coalition approach described
in subsection (b).
(2) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State,
in consultation with the Attorney General and the
Secretary of Defense, shall submit to the appropriate
congressional committees a report on any progress
towards developing the common coalition approach
described in subsection (b).
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) with respect to the House of Representatives,
the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on the Judiciary, and the
Permanent Select Committee on Intelligence; and
(2) with respect to the Senate, the Committee on
Foreign Relations, the Committee on Armed Services, the
Committee on the Judiciary, and the Select Committee on
Intelligence.
Subtitle D--Strategy for the United States Relationship With
Afghanistan, Pakistan, and Saudi Arabia
SEC. 2041. AFGHANISTAN.
(a) Congressional Findings.--Congress finds the following:
(1) A democratic, stable, and prosperous
Afghanistan is vital to the national security of the
United States and to combating international terrorism.
(2) Following the ouster of the Taliban regime in
2001, the Government of Afghanistan, with assistance
from the United States and the international community,
has achieved some notable successes, including--
(A) adopting a constitution;
(B) holding presidential, parliamentary,
and provincial council elections;
(C) improving the protection of human
rights, including women's rights; and
(D) expanding educational opportunities.
(3) The following factors pose a serious and
immediate threat to the stability of Afghanistan:
(A) Taliban and anti-government forces, al
Qaeda, and criminal networks.
(B) Drug trafficking and corruption.
(C) Weak institutions of administration,
security, and justice, including pervasive lack
of the rule of law.
(D) Poverty, unemployment, and lack of
provision of basic services.
(4) The United States and the international
community must significantly increase political,
economic, and military support to Afghanistan to ensure
its long-term stability and prosperity, and to deny
violent extremist groups such as al Qaeda sanctuary in
Afghanistan.
(b) Statements of Policy.--The following shall be the
policies of the United States:
(1) The United States shall vigorously support the
people and Government of Afghanistan as they continue
to commit to the path toward a government representing
and protecting the rights of all Afghans, and shall
maintain its long-term commitment to the people of
Afghanistan by increased assistance and the continued
deployment of United States troops in Afghanistan as
long as the Government of Afghanistan supports such
United States involvement.
(2) In order to reduce the ability of the Taliban
and al Qaeda to finance their operations through the
opium trade, the President shall engage aggressively
with the Government of Afghanistan, countries in the
region or otherwise influenced by the trade and transit
of narcotics, as well as North Atlantic Treaty
Organization (NATO) partners of the United States, and
in consultation with Congress, to assess the success of
the current Afghan counter-narcotics strategy and to
explore additional options for addressing the narcotics
crisis in Afghanistan, including possible changes in
rules of engagement for NATO and Coalition forces for
participation in actions against narcotics trafficking
and kingpins, and the provision of comprehensive
assistance to farmers who rely on opium for their
livelihood, including through the promotion of
alternative crops and livelihoods.
(3) The United States shall continue to work with
and provide assistance to the Government of Afghanistan
to strengthen local and national government
institutions and the rule of law, including the
training of judges and prosecutors, and to train and
equip the Afghan National Security Forces.
(4) The United States shall continue to call on
NATO members participating in operations in Afghanistan
to meet their commitments to provide forces and
equipment, and to lift restrictions on how such forces
can be deployed.
(5) The United States shall continue to foster
greater understanding and cooperation between the
Governments of Afghanistan and Pakistan by taking the
following actions:
(A) Facilitating greater communication,
including through official mechanisms such as
the Tripartite Commission and the Joint
Intelligence Operations Center, and by
promoting other forms of exchange between the
parliaments and civil society of the two
countries.
(B) Urging the Government of Afghanistan to
enter into a political dialogue with Pakistan
with respect to all issues relating to the
border between the two countries, with the aim
of establishing a mutually-recognized and
monitored border, open to human and economic
exchange, and with both countries fully
responsible for border security.
(c) Statement of Congress.--Congress strongly urges that
the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et
seq.) be reauthorized and updated to take into account new
developments in Afghanistan and in the region so as to
demonstrate the continued support by the United States for the
people and Government of Afghanistan.
(d) Emergency Increase in Effective Police Training and
Policing Operations.--
(1) Congressional finding.--Congress finds that
police training programs in Afghanistan have achieved
far less return on substantial investment to date and
require a substantive review and justification of the
means and purposes of such assistance, consequent to
any provision of additional resources.
(2) Assistance authorized.--The President shall
make increased efforts, on an urgent basis, to--
(A) dramatically improve the capability and
effectiveness of United States and
international police trainers, mentors, and
police personnel for police training programs
in Afghanistan, as well as develop a
pretraining screening program;
(B) increase the numbers of such trainers,
mentors, and personnel only if such increase is
determined to improve the performance and
capabilities of the Afghanistan civil security
forces; and
(C) assist the Government of Afghanistan,
in conjunction with the Afghanistan civil
security forces and their leadership, in
addressing the corruption crisis that is
threatening to undermine Afghanistan's future.
(3) Report.--Not later than 180 days after the date
of the enactment of this Act, and every six months
thereafter until September 30, 2010, the President
shall transmit to the appropriate congressional
committees a report on United States efforts to fulfill
the requirements of this subsection. The report
required by this paragraph may be transmitted
concurrently with any similar report required by the
Afghanistan Freedom Support Act of 2002.
SEC. 2042. PAKISTAN.
(a) Congressional Findings.--Congress finds the following:
(1) A democratic, stable, and prosperous Pakistan
that is a full and reliable partner in the struggle
against the Taliban, al Qaeda, and other terrorist
groups, and is a responsible steward of its nuclear
weapons and technology, is vital to the national
security of the United States.
(2) Since September 11, 2001, the Government of
Pakistan has been a critical ally and an important
partner in removing the Taliban regime in Afghanistan
and combating al Qaeda.
(3) Pakistan has made great sacrifices in the
shared struggle against al Qaeda-affiliated terrorist
groups, engaging in military operations that have led
to the deaths of hundreds of Pakistani security
personnel and enduring acts of terrorism that have
killed hundreds of Pakistani civilians.
(4) Publicly-stated goals of the Government of
Pakistan and the national interests of the United
States are in close agreement in many areas,
including--
(A) curbing the proliferation of nuclear
weapons technology;
(B) combating poverty and corruption;
(C) enabling effective government
institutions, including public education;
(D) promoting democracy and the rule of
law, particularly at the national level;
(E) addressing the continued presence of
Taliban and other violent extremist forces
throughout the country;
(F) maintaining the authority of the
Government of Pakistan in all parts of its
national territory;
(G) securing the borders of Pakistan to
prevent the movement of militants and
terrorists into other countries and
territories; and
(H) effectively dealing with violent
extremism.
(5) The opportunity exists for shared effort in
helping to achieve correlative goals with the
Government of Pakistan, particularly--
(A) increased United States assistance to
Pakistan, as appropriate, to achieve progress
in meeting the goals of subparagraphs (A)
through (C) of paragraph (4);
(B) increased commitment on the part of the
Government of Pakistan to achieve the goals of
paragraph (4)(D), particularly given continued
concerns, based on the conduct of previous
elections, regarding whether parliamentary
elections scheduled for 2007 will be free,
fair, and inclusive of all political parties
and carried out in full accordance with
internationally-recognized democratic norms;
and
(C) increased commitment on the part of the
Government of Pakistan to take actions
described in paragraph (4)(E), particularly
given--
(i) the continued operation of the
Taliban's Quetta shura, as noted by
then-North Atlantic Treaty Organization
Supreme Allied Commander General James
Jones in testimony before the Senate
Foreign Relations Committee on
September 21, 2006; and
(ii) the continued operation of al
Qaeda affiliates Lashkar-e Taiba and
Jaish-e Muhammad, sometimes under
different names, as demonstrated by the
lack of meaningful action taken against
Hafiz Muhammad Saeed, Maulana Masood
Azhar, and other known leaders and
members of such terrorist
organizations; and
(D) increased commitment on the part of the
Government of the United States in regard to
working with all elements of Pakistan society
in helping to achieve the correlative goals
described in subparagraphs (A) through (H) of
paragraph (4).
(b) Statements of Policy.--The following shall be the
policy of the United States:
(1) To maintain and deepen its friendship and long-
term strategic relationship with Pakistan.
(2) To work with the Government of Pakistan to
combat international terrorism, especially in the
frontier provinces of Pakistan, and to end the use of
Pakistan as a safe haven for terrorist groups,
including those associated with al Qaeda or the
Taliban.
(3) To support robust funding for programs of the
United States Agency for International Development and
the Department of State that assist the Government of
Pakistan in working toward the goals described in
subsection (a)(4), as the Government of Pakistan
demonstrates a clear commitment to building a moderate,
democratic state.
(4) To work with the international community to
secure additional financial and political support to
effectively implement the policies set forth in this
subsection.
(5) To facilitate a just resolution of the dispute
over the territory of Kashmir, to the extent that such
facilitation is invited and welcomed by the Governments
of Pakistan and India and by the people of Kashmir.
(6) To facilitate greater communication and
cooperation between the Governments of Afghanistan and
Pakistan for the improvement of bilateral relations and
cooperation in combating terrorism in both countries.
(7) To work with the Government of Pakistan to
dismantle existing proliferation networks and prevent
the proliferation of nuclear technology.
(c) Strategy Relating to Pakistan.--
(1) Requirement for report on strategy.--Not later
than 90 days after the date of the enactment of this
Act, the President shall transmit to the appropriate
congressional committees a report that describes the
long-term strategy of the United States to engage with
the Government of Pakistan to achieve the goals
described in subparagraphs (A) through (H) of
subsection (a)(4) and to carry out the policies
described in subsection (b).
(2) Form.--The report required by paragraph (1)
shall be transmitted in unclassified form, but may
include a classified annex, if necessary.
(d) Limitation on United States Security Assistance to
Pakistan.--
(1) Limitation.--For fiscal year 2008, United
States assistance under chapter 2 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.)
or section 23 of the Arms Export Control Act (22 U.S.C.
2763) may not be provided to, and a license for any
item controlled under the Arms Export Control Act (22
U.S.C. 2751 et seq.) may not be approved for, Pakistan
until the President transmits to the appropriate
congressional committees a report that contains a
determination of the President that the Government of
Pakistan--
(A) is committed to eliminating from
Pakistani territory any organization such as
the Taliban, al Qaeda, or any successor,
engaged in military, insurgent, or terrorist
activities in Afghanistan;
(B) is undertaking a comprehensive
military, legal, economic, and political
campaign to achieving the goal described in
subparagraph (A); and
(C) is currently making demonstrated,
significant, and sustained progress toward
eliminating support or safe haven for
terrorists.
(2) Memorandum of justification.--The President
shall include in the report required by paragraph (1) a
memorandum of justification setting forth the basis for
the President's determination under paragraph (1).
(3) Form.--The report required by paragraph (1) and
the memorandum of justification required by paragraph
(2) shall be transmitted in unclassified form, but may
include a classified annex, if necessary.
(e) Nuclear Proliferation.--
(1) Congressional finding.--Congress finds that the
maintenance by any country of a procurement or supply
network for the illicit proliferation of nuclear and
missile technologies would be inconsistent with that
country being considered an ally of the United States.
(2) Sense of congress.--It is the sense of Congress
that the national security interest of the United
States will best be served if the United States
develops and implements a long-term strategy to improve
the United States relationship with Pakistan and works
with the Government of Pakistan to stop nuclear
proliferation.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the President such sums as may be
necessary to provide assistance described in subsection
(d)(1) for Pakistan for fiscal year 2008 in accordance
with the requirements of subsection (d)(1).
(2) Other funds.--Amounts authorized to be
appropriated under this subsection are in addition to
amounts otherwise available for such purposes.
(3) Declaration of policy.--Congress declares that
the amount of funds appropriated pursuant to the
authorization of appropriations under paragraph (1) and
for subsequent fiscal years shall be determined by the
extent to which the Government of Pakistan displays
demonstrable progress in--
(A) preventing al Qaeda and other terrorist
organizations from operating in the territory
of Pakistan, including eliminating terrorist
training camps or facilities, arresting members
and leaders of terrorist organizations, and
countering recruitment efforts;
(B) preventing the Taliban from using the
territory of Pakistan as a sanctuary from which
to launch attacks within Afghanistan, including
by arresting Taliban leaders, stopping cross-
border incursions, and countering recruitment
efforts; and
(C) implementing democratic reforms,
including allowing free, fair, and inclusive
elections at all levels of government in
accordance with internationally-recognized
democratic norms, and respecting the
independence of the press and judiciary.
(4) Biannual reports to congress.--
(A) In general.--The Secretary of State
shall submit to the appropriate congressional
committees a biannual report describing in
detail the extent to which the Government of
Pakistan has displayed demonstrable progress in
meeting the goals described in subparagraphs
(A) through (C) of paragraph (3).
(B) Schedule for submission.--The report
required by subparagraph (A) shall be submitted
not later than April 15 and October 15 of each
year until October 15, 2009.
(C) Form.--The report required by
subparagraph (A) shall be submitted in
unclassified form, but may include a classified
annex, if necessary.
(g) Extension of Waivers.--
(1) Amendments.--The Act entitled ``An Act to
authorize the President to exercise waivers of foreign
assistance restrictions with respect to Pakistan
through September 30, 2003, and for other purposes'',
approved October 27, 2001 (Public Law 107-57; 115 Stat.
403), is amended--
(A) in section 1(b)--
(i) in the heading, to read as
follows:
``(b) Fiscal Years 2007 and 2008--''; and
(ii) in paragraph (1), by striking
``any provision'' and all that follows
through ``that prohibits'' and
inserting ``any provision of an Act
making appropriations for foreign
operations, export financing, and
related programs appropriations for
fiscal year 2007 or 2008 (or any other
appropriations Act) that prohibits'';
(B) in section 3(2), by striking ``Such
provision'' and all that follows through ``as
are'' and inserting ``Such provision of an Act
making appropriations for foreign operations,
export financing, and related programs
appropriations for fiscal years 2002 through
2008 (or any other appropriations Act) as
are''; and
(C) in section 6, by striking ``the
provisions'' and all that follows and inserting
``the provisions of this Act shall terminate on
October 1, 2008.''.
(2) Effective date.--The amendments made by
paragraph (1) take effect on October 1, 2006.
(3) Sense of congress.--It is the sense of Congress
that determinations to provide extensions of waivers of
foreign assistance prohibitions with respect to
Pakistan pursuant to Public Law 107-57 for fiscal years
after the fiscal years specified in the amendments made
by paragraph (1) to Public Law 107-57 should be
informed by demonstrable progress in achieving the
goals described in subparagraphs (A) through (C) of
subsection (f)(3).
SEC. 2043. SAUDI ARABIA.
(a) Congressional Findings.--Congress finds that:
(1) The National Commission on Terrorist Attacks
Upon the United States concluded that the Kingdom of
Saudi Arabia has ``been a problematic ally in combating
Islamic extremism. At the level of high policy, Saudi
Arabia's leaders cooperated with American diplomatic
initiatives aimed at the Taliban or Pakistan before 9/
11. At the same time, Saudi Arabia's society was a
place where al Qaeda raised money directly from
individuals and through charities. It was the society
that produced 15 of the 19 hijackers.''.
(2) Saudi Arabia has an uneven record in the fight
against terrorism, especially with respect to terrorist
financing, support for radical madrassas, a lack of
political outlets for its citizens, and restrictions on
religious pluralism, that poses a threat to the
security of the United States, the international
community, and Saudi Arabia itself.
(3) The National Commission on Terrorist Attacks
Upon the United States concluded that the ``problems in
the U.S.-Saudi relationship must be confronted,
openly''. It recommended that the two countries build a
relationship that includes a ``shared commitment to
political and economic reform . . . and a shared
interest in greater tolerance and cultural respect,
translating into a commitment to fight the violent
extremists who foment hatred''.
(4) The United States has a national security
interest in working with the Government of Saudi Arabia
to combat international terrorists that operate within
that country or that operate outside Saudi Arabia with
the support of citizens of Saudi Arabia.
(5) The United States and Saudi Arabia established
a Strategic Dialogue in 2005, which provides a
framework for the two countries to discuss a range of
bilateral issues at high levels, including
counterterrorism policy and political and economic
reforms.
(6) It is in the national security interest of the
United States to support the Government of Saudi Arabia
in undertaking a number of political and economic
reforms, including increasing anti-terrorism operations
conducted by law enforcement agencies, providing more
political and religious rights to its citizens,
increasing the rights of women, engaging in
comprehensive educational reform, enhancing monitoring
of charitable organizations, and promulgating and
enforcing domestic laws and regulation on terrorist
financing.
(b) Statement of Policy.--It is the policy of the United
States--
(1) to engage with the Government of Saudi Arabia
to openly confront the issue of terrorism, as well as
other problematic issues such as the lack of political
freedoms;
(2) to enhance counterterrorism cooperation with
the Government of Saudi Arabia; and
(3) to support the efforts of the Government of
Saudi Arabia to make political, economic, and social
reforms, including greater religious freedom,
throughout the country.
(c) Progress in Counterterrorism and Other Cooperation.--
(1) Report.--Not later than 180 days after the date
of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a
report that--
(A) describes the long-term strategy of the
United States--
(i) to engage with the Government
of Saudi Arabia to facilitate
political, economic, and social
reforms, including greater religious
freedom, that will enhance the ability
of the Government of Saudi Arabia to
combat international terrorism; and
(ii) to work with the Government of
Saudi Arabia to combat terrorism,
including through effective measures to
prevent and prohibit the financing of
terrorists by Saudi institutions and
citizens; and
(B) provides an assessment of the progress
made by Saudi Arabia since 2001 on the matters
described in subparagraph (A), including--
(i) whether Saudi Arabia has become
a party to the International Convention
for the Suppression of the Financing of
Terrorism; and
(ii) the activities and authority
of the Saudi Nongovernmental National
Commission for Relief and Charity Work
Abroad.
(2) Form.--The report required by paragraph (1)
shall be transmitted in unclassified form, but may
include a classified annex, if necessary.
TITLE XXI--ADVANCING DEMOCRATIC VALUES
SEC. 2101. SHORT TITLE.
This title may be cited as the ``Advance Democratic Values,
Address Nondemocratic Countries, and Enhance Democracy Act of
2007'' or the ``ADVANCE Democracy Act of 2007''.
SEC. 2102. FINDINGS.
Congress finds the following:
(1) The United States Declaration of Independence,
the United States Constitution, and the United Nations
Universal Declaration of Human Rights declare that all
human beings are created equal and possess certain
rights and freedoms, including the fundamental right to
participate in the political life and government of
their respective countries.
(2) The development of democracy constitutes a
long-term challenge that goes through unique phases and
paces in individual countries as such countries develop
democratic institutions such as a thriving civil
society, a free media, and an independent judiciary,
and must be led from within such countries, including
by nongovernmental and governmental reformers.
(3) Individuals, nongovernmental organizations, and
movements that support democratic principles,
practices, and values are under increasing pressure
from some governments of nondemocratic countries (as
well as, in some cases, from governments of democratic
transition countries), including by using
administrative and regulatory mechanisms to undermine
the activities of such individuals, organizations, and
movements.
(4) Democratic countries have a number of
instruments available for supporting democratic
reformers who are committed to promoting effective,
nonviolent change in nondemocratic countries and who
are committed to keeping their countries on the path to
democracy.
(5) United States efforts to promote democracy and
protect human rights can be strengthened to improve
assistance for such reformers, including through an
enhanced role for United States diplomats when properly
trained and given the right incentives.
(6) The promotion of democracy requires a broad-
based effort with cooperation between all democratic
countries, including through the Community of
Democracies.
SEC. 2103. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to promote freedom and democracy in foreign
countries as a fundamental component of United States
foreign policy, along with other key foreign policy
goals;
(2) to affirm fundamental freedoms and
internationally recognized human rights in foreign
countries, as reflected in the Universal Declaration of
Human Rights and the International Covenant on Civil
and Political Rights, and to condemn offenses against
those freedoms and rights as a fundamental component of
United States foreign policy, along with other key
foreign policy goals;
(3) to protect and promote such fundamental
freedoms and rights, including the freedoms of
association, of expression, of the press, and of
religion, and the right to own private property;
(4) to commit to the long-term challenge of
promoting universal democracy by promoting democratic
institutions, including institutions that support the
rule of law (such as an independent judiciary), an
independent and professional media, strong
legislatures, a thriving civil society, transparent and
professional independent governmental auditing
agencies, civilian control of the military, and
institutions that promote the rights of minorities and
women;
(5) to use instruments of United States influence
to support, promote, and strengthen democratic
principles, practices, and values, including the right
to free, fair, and open elections, secret balloting,
and universal suffrage, including by--
(A) providing appropriate support to
individuals, nongovernmental organizations, and
movements located in nondemocratic countries
that aspire to live in freedom and establish
full democracy in such countries; and
(B) providing political, economic, and
other support to foreign countries and
individuals, nongovernmental organizations, and
movements that are willingly undertaking a
transition to democracy; and
(6) to strengthen cooperation with other democratic
countries in order to better promote and defend shared
values and ideals.
SEC. 2104. DEFINITIONS.
In this title:
(1) Annual report on advancing freedom and
democracy.--The term ``Annual Report on Advancing
Freedom and Democracy'' refers to the annual report
submitted to Congress by the Department of State
pursuant to section 665(c) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-
228; 22 U.S.C. 2151n note), in which the Department
reports on actions taken by the United States
Government to encourage respect for human rights and
democracy.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
(3) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary of State for
Democracy, Human Rights, and Labor.
(4) Community of democracies and community.--The
terms ``Community of Democracies'' and ``Community''
mean the association of democratic countries committed
to the global promotion of democratic principles,
practices, and values, which held its First Ministerial
Conference in Warsaw, Poland, in June 2000.
(5) Department.--The term ``Department'' means the
Department of State.
(6) Nondemocratic country or democratic transition
country.--The term ``nondemocratic country'' or
``democratic transition country'' shall include any
country which is not governed by a fully functioning
democratic form of government, as determined by the
Secretary, taking into account the general consensus
regarding the status of civil and political rights in a
country by major nongovernmental organizations that
conduct assessments of such conditions in countries and
whether the country exhibits the following
characteristics:
(A) All citizens of such country have the
right to, and are not restricted in practice
from, fully and freely participating in the
political life of such country.
(B) The national legislative body of such
country and, if directly elected, the head of
government of such country, are chosen by free,
fair, open, and periodic elections, by
universal and equal suffrage, and by secret
ballot.
(C) More than one political party in such
country has candidates who seek elected office
at the national level and such parties are not
restricted in their political activities or
their process for selecting such candidates,
except for reasonable administrative
requirements commonly applied in countries
categorized as fully democratic.
(D) All citizens in such country have a
right to, and are not restricted in practice
from, fully exercising such fundamental
freedoms as the freedom of expression,
conscience, and peaceful assembly and
association, and such country has a free,
independent, and pluralistic media.
(E) The current government of such country
did not come to power in a manner contrary to
the rule of law.
(F) Such country possesses an independent
judiciary and the government of such country
generally respects the rule of law.
(G) Such country does not violate other
core principles enshrined in the United Nations
Charter, the Universal Declaration of Human
Rights, the International Covenant on Civil and
Political Rights, United Nations Commission on
Human Rights Resolution 1499/57 (entitled
``Promotion of the Right to Democracy''), and
the United Nations General Assembly Resolution
55/96 (entitled ``Promoting and consolidating
democracy'').
(H) As applicable, whether the country has
scored favorably on the political, civil
liberties, corruption, and rule of law
indicators used to determine eligibility for
financial assistance disbursed from the
Millennium Challenge Account.
(7) Secretary.--The term ``Secretary'' means the
Secretary of State.
Subtitle A--Activities to Enhance the Promotion of Democracy
SEC. 2111. DEMOCRACY PROMOTION AT THE DEPARTMENT OF STATE.
(a) Democracy Liaison Officers.--
(1) In general.--The Secretary of State shall
establish and staff Democracy Liaison Officer
positions. Democracy Liaison Officers shall serve under
the supervision of the Assistant Secretary. Democracy
Liaison Officers may be assigned to the following
posts:
(A) United States missions to, or liaisons
with, regional and multilateral organizations,
including the United States missions to the
European Union, African Union, Organization of
American States, and any other appropriate
regional organization, the Organization for
Security and Cooperation in Europe, the United
Nations and its relevant specialized agencies,
and the North Atlantic Treaty Organization.
(B) Regional public diplomacy centers of
the Department of State.
(C) United States combatant commands.
(D) Other posts as designated by the
Secretary.
(2) Responsibilities.--Each Democracy Liaison
Officer should--
(A) provide expertise on effective
approaches to promote and build democracy;
(B) assist in formulating and implementing
strategies for transitions to democracy; and
(C) carry out such other responsibilities
as the Secretary or the Assistant Secretary may
assign.
(3) New positions.--To the fullest extent
practicable, taking into consideration amounts
appropriated to carry out this subsection and personnel
available for assignment to the positions described in
paragraph (1), the Democracy Liaison Officer positions
established under subsection (a) shall be new positions
that are in addition to existing positions with
responsibility for other human rights and democracy
related issues and programs, including positions with
responsibility for labor issues.
(4) Relationship to other authorities.--Nothing in
this subsection may be construed as altering any
authority or responsibility of a chief of mission or
other employee of a diplomatic mission of the United
States provided under any other provision of law,
including any authority or responsibility for the
development or implementation of strategies to promote
democracy.
(b) Office Related to Democratic Movements and
Transitions.--
(1) Establishment.--There shall be identified
within the Bureau of Democracy, Human Rights, and Labor
of the Department at least one office that shall be
responsible for working with democratic movements and
facilitating the transition to full democracy of
nondemocratic countries and democratic transition
countries.
(2) Responsibilities.--The Assistant Secretary
shall, including by acting through the office or
offices identified pursuant to paragraph (1)--
(A) provide support for Democratic Liaison
Officers established under subsection (a);
(B) develop relations with, consult with,
and provide assistance to nongovernmental
organizations, individuals, and movements that
are committed to the peaceful promotion of
democracy and fundamental rights and freedoms,
including fostering relationships with the
United States Government and the governments of
other democratic countries; and
(C) assist officers and employees of
regional bureaus of the Department to develop
strategies and programs to promote peaceful
change in nondemocratic countries and
democratic transition countries.
(3) Liaison.--Within the Bureau of Democracy, Human
Rights, and Labor, the Assistant Secretary shall
identify officers or employees who have expertise in
and shall be responsible for working with
nongovernmental organizations, individuals, and
movements that develop relations with, consult with,
and provide assistance to nongovernmental
organizations, individuals, and movements in foreign
countries that are committed to the peaceful promotion
of democracy and fundamental rights and freedoms.
(c) Actions by Chiefs of Mission.--Each chief of mission in
each nondemocratic country or democratic transition country
should--
(1) develop, as part of annual program planning, a
strategy to promote democratic principles, practices,
and values in each such foreign country and to provide
support, as appropriate, to nongovernmental
organizations, individuals, and movements in each such
country that are committed to democratic principles,
practices, and values, such as by--
(A) consulting and coordinating with and
providing support to such nongovernmental
organizations, individuals, and movements
regarding the promotion of democracy;
(B) issuing public condemnations of
violations of internationally recognized human
rights, including violations of religious
freedom, and visiting local landmarks and other
local sites associated with nonviolent protest
in support of democracy and freedom from
oppression; and
(C) holding periodic meetings with such
nongovernmental organizations, individuals, and
movements to discuss democracy and political,
social, and economic freedoms;
(2) hold ongoing discussions with the leaders of
each such nondemocratic country or democratic
transition country regarding progress toward a
democratic system of governance and the development of
political, social, and economic freedoms and respect
for human rights, including freedom of religion or
belief, in such country; and
(3) conduct meetings with civil society, interviews
with media that can directly reach citizens of each
such country, and discussions with students and young
people of each such country regarding progress toward a
democratic system of governance and the development of
political, social, and economic freedoms in each such
country.
(d) Recruitment.--The Secretary should seek to increase the
proportion of members of the Foreign Service who serve in the
Bureau of Democracy, Human Rights, and Labor.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this section.
SEC. 2112. DEMOCRACY FELLOWSHIP PROGRAM.
(a) Requirement for Program.--The Secretary shall establish
a Democracy Fellowship Program to enable officers of the
Department to gain an additional perspective on democracy
promotion in foreign countries by working on democracy issues
in appropriate congressional offices or congressional
committees with oversight over the subject matter of this
title, including the Committee on Foreign Affairs and the
Committee on Appropriations of the House of Representatives and
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate, and international or
nongovernmental organizations involved in democracy promotion.
(b) Selection and Placement.--The Assistant Secretary shall
play a central role in the selection of Democracy Fellows and
facilitate their placement in appropriate congressional
offices, congressional committees, international organizations,
and nongovernmental organizations.
SEC. 2113. INVESTIGATIONS OF VIOLATIONS OF INTERNATIONAL HUMANITARIAN
LAW.
(a) In General.--The President, with the assistance of the
Secretary, the Under Secretary of State for Democracy and
Global Affairs, and the Ambassador-at-Large for War Crimes
Issues, shall collect information regarding incidents that may
constitute crimes against humanity, genocide, slavery, or other
violations of international humanitarian law.
(b) Accountability.--The President shall consider what
actions can be taken to ensure that any government of a country
or the leaders or senior officials of such government who are
responsible for crimes against humanity, genocide, slavery, or
other violations of international humanitarian law identified
under subsection (a) are brought to account for such crimes in
an appropriately constituted tribunal.
Subtitle B--Strategies and Reports on Human Rights and the Promotion of
Democracy
SEC. 2121. STRATEGIES, PRIORITIES, AND ANNUAL REPORT.
(a) Expansion of Country-Specific Strategies To Promote
Democracy.--
(1) Commendation.--Congress commends the Secretary
for the ongoing work by the Department to develop
country-specific strategies for promoting democracy.
(2) Expansion.--The Secretary shall expand the
development of such strategies to all nondemocratic
countries and democratic transition countries.
(3) Briefings.--The Secretary shall keep the
appropriate congressional committees fully and
currently informed as such strategies are developed.
(b) Report Title.--Section 665(c) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2151n note) is amended, in the first sentence, by
inserting ``entitled the Annual Report on Advancing Freedom and
Democracy'' before the period at the end.
(c) Enhanced Report.--The Annual Report on Advancing
Freedom and Democracy shall include, as appropriate--
(1) United States priorities for the promotion of
democracy and the protection of human rights for each
nondemocratic country and democratic transition
country, developed in consultation with relevant
parties in such countries; and
(2) specific actions and activities of chiefs of
missions and other United States officials to promote
democracy and protect human rights in each such
country.
(d) Schedule of Submission.--Section 665(c) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-
228; 22 U.S.C. 2151n note) is amended, in the second sentence,
by striking ``30 days'' and inserting ``90 days''.
SEC. 2122. TRANSLATION OF HUMAN RIGHTS REPORTS.
(a) In General.--The Secretary shall continue to expand the
timely translation of the applicable parts of the Country
Reports on Human Rights Practices required under sections
116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151n(d) and 2304(b)), the Annual Report on
International Religious Freedom required under section 102(b)
of the International Religious Freedom Act of 1998 (22 U.S.C.
6412(b)), the Trafficking in Persons Report required under
section 110(b) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(b)), and any separate report on democracy
and human rights policy submitted in accordance with section
665(c) of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 2151n note) into the
principal languages of as many countries as possible, with
particular emphasis on nondemocratic countries, democratic
transition countries, and countries in which extrajudicial
killings, torture, or other serious violations of human rights
have occurred.
(b) Report.--
(1) Requirement.--Not later than April 1, 2008, and
annually thereafter through 2010, the Secretary shall
submit to the appropriate congressional committees a
report describing any translations of the reports
specified in subsection (a) for the preceding year,
including which of such reports have been translated
into which principal languages and the countries in
which such translations have been distributed by
posting on a relevant website or elsewhere.
(2) Form.--The report required under paragraph (1)
may be included in any separate report on democracy and
human rights policy submitted in accordance with
section 665(c) of the Foreign Relations Authorization
Act, Fiscal Year 2003.
Subtitle C--Advisory Committee on Democracy Promotion and the Internet
Website of the Department of State
SEC. 2131. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.
Congress commends the Secretary for creating an Advisory
Committee on Democracy Promotion, and it is the sense of
Congress that the Committee should play a significant role in
the Department's transformational diplomacy by advising the
Secretary regarding United States efforts to promote democracy
and democratic transition in connection with the formulation
and implementation of United States foreign policy and foreign
assistance, including reviewing and making recommendations on--
(1) how to improve the capacity of the Department
to promote democracy and human rights; and
(2) how to improve foreign assistance programs
related to the promotion of democracy.
SEC. 2132. SENSE OF CONGRESS REGARDING THE INTERNET WEBSITE OF THE
DEPARTMENT OF STATE.
It is the sense of Congress that in order to facilitate
access by individuals, nongovernmental organizations, and
movements in foreign countries to documents, streaming video
and audio, and other media regarding democratic principles,
practices, and values, and the promotion and strengthening of
democracy, the Secretary should take additional steps to
enhance the Internet site for global democracy and human rights
of the Department, which should include, where practicable, the
following:
(1) Narratives and histories, published by the
United States Government, of significant democratic
movements in foreign countries, particularly regarding
successful nonviolent campaigns to promote democracy in
non-democratic countries and democratic transition
countries.
(2) Narratives, published by the United States
Government, relating to the importance of the
establishment of and respect for internationally
recognized human rights, democratic principles,
practices, and values, and other fundamental freedoms.
(3) Major human rights reports by the United States
Government, including translations of such materials,
as appropriate.
(4) Any other documents, references, or links to
appropriate external Internet websites (such as
websites of international or nongovernmental
organizations), including references or links to
training materials, narratives, and histories regarding
successful democratic movements.
Subtitle D--Training in Democracy and Human Rights; Incentives
SEC. 2141. TRAINING IN DEMOCRACY PROMOTION AND THE PROTECTION OF HUMAN
RIGHTS.
(a) In General.--The Secretary shall continue to enhance
training for members of the Foreign Service and civil service
responsible for the promotion of democracy and the protection
of human rights. Such training shall include appropriate
instruction and training materials regarding:
(1) International documents and United States
policy regarding the promotion of democracy and respect
for human rights.
(2) United States policy regarding the promotion
and strengthening of democracy around the world, with
particular emphasis on the transition to democracy in
nondemocratic countries and democratic transition
countries.
(3) For any member, chief of mission, or deputy
chief of mission who is to be assigned to a
nondemocratic country or democratic transition country,
ways to promote democracy in such country and to assist
individuals, nongovernmental organizations, and
movements in such country that support democratic
principles, practices, and values.
(4) The protection of internationally recognized
human rights (including the protection of religious
freedom) and standards related to such rights,
provisions of United States law related to such rights,
diplomatic tools to promote respect for such rights,
and the protection of individuals who have fled their
countries due to violations of such rights.
(b) Consultation.--The Secretary, acting through the
Director of the National Foreign Affairs Training Center of the
Foreign Service Institute of the Department, shall consult, as
appropriate, with nongovernmental organizations involved in the
protection and promotion of such rights and the United States
Commission on International Religious Freedom with respect to
the training required by this subsection.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report containing a
description of the current and planned training provided to
Foreign Service officers in human rights and democracy
promotion, including such training provided to chiefs of
mission serving or preparing to serve in nondemocratic
countries or democratic transition countries.
SEC. 2142. SENSE OF CONGRESS REGARDING ADVANCE DEMOCRACY AWARD.
It is the sense of Congress that--
(1) the Secretary should further strengthen the
capacity of the Department to carry out results-based
democracy promotion efforts through the establishment
of an annual award to be known as the ``Outstanding
Achievements in Advancing Democracy Award'', or the
``ADVANCE Democracy Award'', that would be awarded to
officers or employees of the Department; and
(2) the Secretary should establish procedures for
selecting recipients of such award, including any
financial terms associated with such award.
SEC. 2143. PERSONNEL POLICIES AT THE DEPARTMENT OF STATE.
In addition to the awards and other incentives already
implemented, the Secretary should increase incentives for
members of the Foreign Service and other employees of the
Department who take assignments relating to the promotion of
democracy and the protection of human rights, including the
following:
(1) Providing performance pay under section 405 of
the Foreign Service Act of 1980 (22 U.S.C. 3965) to
such members and employees who carry out their
assignment in an outstanding manner.
(2) Considering such an assignment as a basis for
promotion into the Senior Foreign Service.
(3) Providing Foreign Service Awards under section
614 of the Foreign Service Act of 1980 (22 U.S.C. 4013)
to such members and employees who provide distinguished
or meritorious service in the promotion of democracy or
the protection of human rights.
Subtitle E--Cooperation With Democratic Countries
SEC. 2151. COOPERATION WITH DEMOCRATIC COUNTRIES.
(a) Sense of Congress.--It is the sense of Congress that
the United States should cooperate with other democratic
countries to--
(1) promote and protect democratic principles,
practices, and values;
(2) promote and protect shared political, social,
and economic freedoms, including the freedoms of
association, of expression, of the press, of religion,
and to own private property;
(3) promote and protect respect for the rule of
law;
(4) develop, adopt, and pursue strategies to
advance common interests in international organizations
and multilateral institutions to which members of
cooperating democratic countries belong; and
(5) provide political, economic, and other
necessary support to countries that are undergoing a
transition to democracy.
(b) Community of Democracies.--
(1) Sense of congress.--It is the sense of Congress
that--
(A) the Community of Democracies should
develop a more formal mechanism for carrying
out work between ministerial meetings, such as
through the creation of a permanent secretariat
with appropriate staff to carry out such work,
and should establish a headquarters; and
(B) nondemocratic countries should not
participate in any association or group of
democratic countries aimed at working together
to promote democracy.
(2) Detail of personnel.--The Secretary is
authorized to detail on a nonreimbursable basis any
employee of the Department to any permanent secretariat
of the Community of Democracies or to the government of
any country that is a member of the Convening Group of
the Community of Democracies.
(c) Establishment of an Office for Multilateral Democracy
Promotion.--The Secretary should establish an office of
multilateral democracy promotion with the mission to further
develop and strengthen the institutional structure of the
Community of Democracies, develop interministerial projects,
enhance the United Nations Democracy Caucus, manage policy
development of the United Nations Democracy Fund, and enhance
coordination with other regional and multilateral bodies with
jurisdiction over democracy issues.
(d) International Center for Democratic Transition.--
(1) Sense of congress.--It is the sense of Congress
that the International Center for Democratic
Transition, an initiative of the Government of Hungary,
serves to promote practical projects and the sharing of
best practices in the area of democracy promotion and
should be supported by, in particular, the United
States, other European countries with experiences in
democratic transitions, and private individuals.
(2) Authorization of appropriations.--There is
authorized to be appropriated $1,000,000 for each of
fiscal years 2008, 2009, and 2010 to the Secretary for
a grant to the International Center for Democratic
Transition. Amounts appropriated under this paragraph
are authorized to remain available until expended.
Subtitle F--Funding for Promotion of Democracy
SEC. 2161. THE UNITED NATIONS DEMOCRACY FUND.
(a) Sense of Congress.--It is the sense of Congress that
the United States should work with other countries to enhance
the goals and work of the United Nations Democracy Fund, an
essential tool to promote democracy, and in particular support
civil society in foreign countries in their efforts to help
consolidate democracy and bring about transformational change.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $14,000,000 for each of fiscal years 2008
and 2009 to the Secretary for a United States contribution to
the United Nations Democracy Fund.
SEC. 2162. UNITED STATES DEMOCRACY ASSISTANCE PROGRAMS.
(a) Sense of Congress Regarding Use of Instruments of
Democracy Promotion.--It is the sense of Congress that--
(1) United States support for democracy is
strengthened by using a variety of different
instrumentalities, such as the National Endowment for
Democracy, the United States Agency for International
Development, and the Department; and
(2) the purpose of the Department's Human Rights
and Democracy Fund should be to support innovative
programming, media, and materials designed to uphold
democratic principles, practices, and values, support
and strengthen democratic institutions, promote human
rights and the rule of law, and build civil societies
in countries around the world.
(b) Sense of Congress Regarding Mechanisms for Delivering
Assistance.--
(1) Findings.--Congress finds the following:
(A) Democracy assistance has many different
forms, including assistance to promote the rule
of law, build the capacity of civil society,
political parties, and legislatures, improve
the independence of the media and the
judiciary, enhance independent auditing
functions, and advance security sector reform.
(B) There is a need for greater clarity on
the coordination and delivery mechanisms for
United States democracy assistance.
(2) Sense of congress.--It is the sense of Congress
that the Secretary and the Administrator of the United
States Agency for International Development should
develop guidelines, in consultation with the
appropriate congressional committees, building on the
existing framework for grants, cooperative agreements,
contracts, and other acquisition mechanisms to guide
United States missions in foreign countries in
coordinating United States democracy assistance and
selecting the appropriate combination of such
mechanisms for such assistance.
TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS
SEC. 2201. INTEROPERABLE EMERGENCY COMMUNICATIONS.
(a) In General.--Section 3006 of Public Law 109-171 (47
U.S.C. 309 note) is amended--
(1) by striking paragraphs (1) and (2) of
subsection (a) and inserting the following:
``(1) may take such administrative action as is
necessary to establish and implement--
``(A) a grant program to assist public
safety agencies in the planning and
coordination associated with, the acquisition
of, deployment of, or training for the use of
interoperable communications equipment,
software and systems that--
``(i) utilize reallocated public
safety spectrum for radio
communication;
``(ii) enable interoperability with
communications systems that can utilize
reallocated public safety spectrum for
radio communication; or
``(iii) otherwise improve or
advance the interoperability of public
safety communications systems that
utilize other public safety spectrum
bands; and
``(B) are used to establish and implement a
strategic technology reserve to pre-position or
secure interoperable communications in advance
for immediate deployment in an emergency or
major disaster;
``(2) shall make payments of not to exceed
$1,000,000,000, in the aggregate, through fiscal year
2010 from the Digital Television Transition and Public
Safety Fund established under section 309(j)(8)(E) of
the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E))
to carry out the grant program established under
paragraph (1), of which at least $75,000,000, in the
aggregate, shall be used for purposes described in
paragraph (1)(B); and
``(3) shall permit any funds allocated for use
under paragraph (1)(B) to be used for purposes
identified under paragraph (1)(A), if the public safety
agency demonstrates that it has already implemented
such a strategic technology reserve or demonstrates
higher priority public safety communications needs.'';
(2) by redesignating subsections (b), (c), and (d)
as subsections (h), (i), and (j), respectively, and
inserting after subsection (a) the following:
``(b) Eligibility.--To be eligible for assistance under the
grant program established under subsection (a)(1)(A), an
applicant shall submit an application, at such time, in such
form, and containing such information as the Assistant
Secretary may require, including a detailed explanation of how
assistance received under the program would be used to improve
communications interoperability and ensure interoperability
with other public safety agencies in an emergency or a major
disaster.
``(c) Criteria for Strategic Technology Reserves.--
``(1) In general.--In evaluating permitted uses
under subsection (a)(1)(B), the Assistant Secretary
shall consider the continuing technological evolution
of communications technologies and devices, with its
implicit risk of obsolescence, and shall ensure, to the
maximum extent feasible, that a substantial part of the
reserve involves prenegotiated contracts and other
arrangements for rapid deployment of equipment,
supplies, and systems (and communications service
related to such equipment, supplies, and systems),
rather than the warehousing or storage of equipment and
supplies currently available at the time the reserve is
established.
``(2) Requirements and characteristics.--Funds
provided to meet uses described in paragraph (1) shall
be used in support of reserves that--
``(A) are capable of re-establishing
communications when existing critical
infrastructure is damaged or destroyed in an
emergency or a major disaster;
``(B) include appropriate current, widely-
used equipment, such as Land Mobile Radio
Systems, cellular telephones and satellite-
enabled equipment (and related communications
service), Cells-On-Wheels, Cells-On-Light-
Trucks, or other self-contained mobile cell
sites that can be towed, backup batteries,
generators, fuel, and computers;
``(C) include equipment on hand for the
Governor of each State, key emergency response
officials, and appropriate State or local
personnel;
``(D) include contracts (including
prenegotiated contracts) for rapid delivery of
the most current technology available from
commercial sources; and
``(E) include arrangements for training to
ensure that personnel are familiar with the
operation of the equipment and devices to be
delivered pursuant to such contracts.
``(3) Additional characteristics.--Portions of the
reserve may be virtual and may include items donated on
an in-kind contribution basis.
``(4) Allocation of funds.--In evaluating permitted
uses under section (a)(1)(B), the Assistant Secretary
shall take into account barriers to immediate
deployment, including time and distance, that may slow
the rapid deployment of equipment, supplies, and
systems (and communications service related to such
equipment, supplies, and systems) in the event of an
emergency in any State.
``(d) Voluntary Consensus Standards.--In carrying out this
section, the Assistant Secretary, in cooperation with the
Secretary of Homeland Security, shall identify and, if
necessary, encourage the development and implementation of,
voluntary consensus standards for interoperable communications
systems to the greatest extent practicable, but shall not
require any such standard.
``(e) Inspector General Report and Audits.--
``(1) Report.--Beginning with the first fiscal year
beginning after the date of enactment of the
Implementing Recommendations of the 9/11 Commission Act
of 2007, the Inspector General of the Department of
Commerce shall conduct an annual assessment of the
management of the grant program implemented under
subsection (a)(1) and transmit a report containing the
findings of that assessment and any recommendations
related thereto to the Senate Committee on Commerce,
Science, and Transportation and the House of
Representatives Committee on Energy and Commerce.
``(2) Audits.--Beginning with the first fiscal year
beginning after the date of enactment of the
Implementing Recommendations of the 9/11 Commission Act
of 2007, the Inspector General of the Department of
Commerce shall conduct financial audits of entities
receiving grants from the program implemented under
subsection (a)(1), and shall ensure that, over the
course of 4 years, such audits cover recipients in a
representative sample of not fewer than 25 States or
territories. The results of any such audits shall be
made publicly available via web site, subject to
redaction as the Inspector General determines necessary
to protect classified and other sensitive information.
``(f) Rule of Construction.--Nothing in this section shall
be construed or interpreted to preclude the use of funds under
this section by any public safety agency for interim or long-
term Internet Protocol-based interoperable solutions.''; and
(3) by striking paragraph (3) of subsection (j), as
so redesignated.
(b) FCC Vulnerability Assessment and Report on Emergency
Communications Back-up System.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Federal
Communications Commission shall conduct a vulnerability
assessment of the Nation's critical communications and
information systems infrastructure and shall evaluate
the technical feasibility of creating a back-up
emergency communications system that complements
existing communications resources and takes into
account next generation and advanced communications
technologies. The overriding objective for the
evaluation shall be providing a framework for the
development of a resilient interoperable communications
system for emergency responders in an emergency. The
Commission shall consult with the National
Communications System and shall evaluate all reasonable
options, including satellites, wireless, and
terrestrial-based communications systems and other
alternative transport mechanisms that can be used in
tandem with existing technologies.
(2) Factors to be evaluated.--The evaluation under
paragraph (1) shall include--
(A) a survey of all Federal agencies that
use terrestrial or satellite technology for
communications security and an evaluation of
the feasibility of using existing systems for
the purpose of creating such an emergency back-
up public safety communications system;
(B) the feasibility of using private
satellite, wireless, or terrestrial networks
for emergency communications;
(C) the technical options, cost, and
deployment methods of software, equipment,
handsets or desktop communications devices for
public safety entities in major urban areas,
and nationwide; and
(D) the feasibility and cost of necessary
changes to the network operations center of
terrestrial-based or satellite systems to
enable the centers to serve as emergency back-
up communications systems.
(3) Report.--
(A) In general.--Upon the completion of the
evaluation under subsection (a), the Commission
shall submit a report to Congress that details
the findings of the evaluation, including a
full inventory of existing public and private
resources most efficiently capable of providing
emergency communications.
(B) Classified index.--The report on
critical infrastructure under this subsection
may contain a classified annex.
(C) Retention of classification.--The
classification of information required to be
provided to Congress or any other department or
agency under this section by the Federal
Communications Commission, including the
assignment of a level of classification of such
information, shall be binding on Congress and
any other department or agency.
(c) Joint Advisory Committee on Communications Capabilities
of Emergency Medical and Public Health Care Facilities.--
(1) Establishment.--The Assistant Secretary of
Commerce for Communications and Information and the
Chairman of Federal Communications Commission, in
consultation with the Secretary of Homeland Security
and the Secretary of Health and Human Services, shall
establish a joint advisory committee to examine the
communications capabilities and needs of emergency
medical and public health care facilities. The joint
advisory committee shall be composed of individuals
with expertise in communications technologies and
emergency medical and public health care, including
representatives of Federal, State and local
governments, industry and non-profit health
organizations, and academia and educational
institutions.
(2) Duties.--The joint advisory committee shall--
(A) assess specific communications
capabilities and needs of emergency medical and
public health care facilities, including the
including improvement of basic voice, data, and
broadband capabilities;
(B) assess options to accommodate growth of
basic and emerging communications services used
by emergency medical and public health care
facilities;
(C) assess options to improve integration
of communications systems used by emergency
medical and public health care facilities with
existing or future emergency communications
networks; and
(D) report its findings to the Senate
Committee on Commerce, Science, and
Transportation and the House of Representatives
Committee on Energy and Commerce, within 6
months after the date of enactment of this Act.
(d) Authorization of Emergency Medical and Public Health
Communications Pilot Projects.--
(1) In general.--The Assistant Secretary of
Commerce for Communications and Information may
establish not more than 10 geographically dispersed
project grants to emergency medical and public health
care facilities to improve the capabilities of
emergency communications systems in emergency medical
care facilities.
(2) Maximum amount.--The Assistant Secretary may
not provide more than $2,000,000 in Federal assistance
under the pilot program to any applicant.
(3) Cost sharing.--The Assistant Secretary may not
provide more than 20 percent of the cost, incurred
during the period of the grant, of any project under
the pilot program.
(4) Maximum period of grants.--The Assistant
Secretary may not fund any applicant under the pilot
program for more than 3 years.
(5) Deployment and distribution.--The Assistant
Secretary shall seek to the maximum extent practicable
to ensure a broad geographic distribution of project
sites.
(6) Transfer of information and knowledge.--The
Assistant Secretary shall establish mechanisms to
ensure that the information and knowledge gained by
participants in the pilot program are transferred among
the pilot program participants and to other interested
parties, including other applicants that submitted
applications.
SEC. 2202. CLARIFICATION OF CONGRESSIONAL INTENT.
The Federal departments and agencies (including
independent agencies) identified under the provisions of this
title and title III of this Act and title VI of Public Law 109-
295 shall carry out their respective duties and
responsibilities in a manner that does not impede the
implementation of requirements specified under this title and
title III of this Act and title VI of Public Law 109-295.
Notwithstanding the obligations under section 1806 of Public
Law 109-295, the provisions of this title and title III of this
Act and title VI of Public Law 109-295 shall not preclude or
obstruct any such department or agency from exercising its
other authorities related to emergency communications matters.
SEC. 2203. CROSS BORDER INTEROPERABILITY REPORTS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Federal Communications Commission,
in consultation with the Department of Homeland Security's
Office of Emergency Communications, the Office of Management of
Budget, and the Department of State shall report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and Commerce on--
(1) the status of the mechanism established by the
President under section 7303(c) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(c)) for coordinating cross border interoperability
issues between--
(A) the United States and Canada; and
(B) the United States and Mexico;
(2) the status of treaty negotiations with Canada
and Mexico regarding the coordination of the re-banding
of 800 megahertz radios, as required under the final
rule of the Federal Communication Commission in the
``Private Land Mobile Services; 800 MHz Public Safety
Interface Proceeding'' (WT Docket No. 02-55; ET Docket
No. 00-258; ET Docket No. 95-18, RM-9498; RM-10024; FCC
04-168,) including the status of any outstanding issues
in the negotiations between--
(A) the United States and Canada; and
(B) the United States and Mexico;
(3) communications between the Commission and the
Department of State over possible amendments to the
bilateral legal agreements and protocols that govern
the coordination process for license applications
seeking to use channels and frequencies above Line A;
(4) the annual rejection rate for the last 5 years
by the United States of applications for new channels
and frequencies by Canadian private and public
entities; and
(5) any additional procedures and mechanisms that
can be taken by the Commission to decrease the
rejection rate for applications by United States
private and public entities seeking licenses to use
channels and frequencies above Line A.
(b) Updated Reports To Be Filed on the Status of Treaty of
Negotiations.--The Federal Communications Commission, in
conjunction with the Department of Homeland Security, the
Office of Management of Budget, and the Department of State
shall continually provide updated reports to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives on the status of treaty negotiations under
subsection (a)(2) until the appropriate United States treaty
has been revised with each of--
(1) Canada; and
(2) Mexico.
(c) International Negotiations To Remedy Situation.--Not
later than 90 days after the date of enactment of this Act, the
Secretary of the Department of State shall report to Congress
on--
(1) the current process for considering
applications by Canada for frequencies and channels by
United States communities above Line A;
(2) the status of current negotiations to reform
and revise such process;
(3) the estimated date of conclusion for such
negotiations;
(4) whether the current process allows for
automatic denials or dismissals of initial applications
by the Government of Canada, and whether such denials
or dismissals are currently occurring; and
(5) communications between the Department of State
and the Federal Communications Commission pursuant to
subsection (a)(3).
SEC. 2204. EXTENSION OF SHORT QUORUM.
Notwithstanding section 4(d) of the Consumer Product
Safety Act (15 U.S.C. 2053(d)), 2 members of the Consumer
Product Safety Commission, if they are not affiliated with the
same political party, shall constitute a quorum for the 6-month
period beginning on the date of enactment of this Act.
SEC. 2205. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES.
In addition to the committees specifically enumerated to
receive reports under this title, any report transmitted under
the provisions of this title shall also be transmitted to the
appropriate congressional committees (as defined in section
2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2))).
TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION
SEC. 2301. SHORT TITLE.
This title may be cited as the ``Improving Emergency
Communications Act of 2007''.
SEC. 2302. FUNDING FOR PROGRAM.
Section 3011 of the Digital Television Transition and
Public Safety Act of 2005 (Public Law 109-171; 47 U.S.C. 309
note) is amended--
(1) by striking ``The'' and inserting:
``(a) In General.--The''; and
(2) by adding at the end the following:
``(b) Credit.--The Assistant Secretary may borrow from the
Treasury, upon enactment of the 911 Modernization Act, such
sums as necessary, but not to exceed $43,500,000, to implement
this section. The Assistant Secretary shall reimburse the
Treasury, without interest, as funds are deposited into the
Digital Television Transition and Public Safety Fund.''.
SEC. 2303. NTIA COORDINATION OF E-911 IMPLEMENTATION.
Section 158(b)(4) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
942(b)(4)) is amended by adding at the end thereof the
following: ``Within 180 days after the date of enactment of the
911 Modernization Act, the Assistant Secretary and the
Administrator shall jointly issue regulations updating the
criteria to allow a portion of the funds to be used to give
priority to grants that are requested by public safety
answering points that were not capable of receiving 911 calls
as of the date of enactment of that Act, for the incremental
cost of upgrading from Phase I to Phase II compliance. Such
grants shall be subject to all other requirements of this
section.''.
TITLE XXIV--MISCELLANEOUS PROVISIONS
SEC. 2401. QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) Review Required.--Title VII of the Homeland Security
Act of 2002 is amended by adding at the end the following:
``SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW.
``(a) Requirement.--
``(1) Quadrennial reviews required.--In fiscal year
2009, and every 4 years thereafter, the Secretary shall
conduct a review of the homeland security of the Nation
(in this section referred to as a `quadrennial homeland
security review').
``(2) Scope of reviews.--Each quadrennial homeland
security review shall be a comprehensive examination of
the homeland security strategy of the Nation, including
recommendations regarding the long-term strategy and
priorities of the Nation for homeland security and
guidance on the programs, assets, capabilities, budget,
policies, and authorities of the Department.
``(3) Consultation.--The Secretary shall conduct
each quadrennial homeland security review under this
subsection in consultation with--
``(A) the heads of other Federal agencies,
including the Attorney General, the Secretary
of State, the Secretary of Defense, the
Secretary of Health and Human Services, the
Secretary of the Treasury, the Secretary of
Agriculture, and the Director of National
Intelligence;
``(B) key officials of the Department; and
``(C) other relevant governmental and
nongovernmental entities, including State,
local, and tribal government officials, members
of Congress, private sector representatives,
academics, and other policy experts.
``(4) Relationship with future years homeland
security program.--The Secretary shall ensure that each
review conducted under this section is coordinated with
the Future Years Homeland Security Program required
under section 874.
``(b) Contents of Review.--In each quadrennial homeland
security review, the Secretary shall--
``(1) delineate and update, as appropriate, the
national homeland security strategy, consistent with
appropriate national and Department strategies,
strategic plans, and Homeland Security Presidential
Directives, including the National Strategy for
Homeland Security, the National Response Plan, and the
Department Security Strategic Plan;
``(2) outline and prioritize the full range of the
critical homeland security mission areas of the Nation;
``(3) describe the interagency cooperation,
preparedness of Federal response assets,
infrastructure, budget plan, and other elements of the
homeland security program and policies of the Nation
associated with the national homeland security
strategy, required to execute successfully the full
range of missions called for in the national homeland
security strategy described in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2);
``(4) identify the budget plan required to provide
sufficient resources to successfully execute the full
range of missions called for in the national homeland
security strategy described in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2);
``(5) include an assessment of the organizational
alignment of the Department with the national homeland
security strategy referred to in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2); and
``(6) review and assess the effectiveness of the
mechanisms of the Department for executing the process
of turning the requirements developed in the
quadrennial homeland security review into an
acquisition strategy and expenditure plan within the
Department.
``(c) Reporting.--
``(1) In general.--Not later than December 31 of
the year in which a quadrennial homeland security
review is conducted, the Secretary shall submit to
Congress a report regarding that quadrennial homeland
security review.
``(2) Contents of report.--Each report submitted
under paragraph (1) shall include--
``(A) the results of the quadrennial
homeland security review;
``(B) a description of the threats to the
assumed or defined national homeland security
interests of the Nation that were examined for
the purposes of that review;
``(C) the national homeland security
strategy, including a prioritized list of the
critical homeland security missions of the
Nation;
``(D) a description of the interagency
cooperation, preparedness of Federal response
assets, infrastructure, budget plan, and other
elements of the homeland security program and
policies of the Nation associated with the
national homeland security strategy, required
to execute successfully the full range of
missions called for in the applicable national
homeland security strategy referred to in
subsection (b)(1) and the homeland security
mission areas outlined under subsection (b)(2);
``(E) an assessment of the organizational
alignment of the Department with the applicable
national homeland security strategy referred to
in subsection (b)(1) and the homeland security
mission areas outlined under subsection (b)(2),
including the Department's organizational
structure, management systems, budget and
accounting systems, human resources systems,
procurement systems, and physical and technical
infrastructure;
``(F) a discussion of the status of
cooperation among Federal agencies in the
effort to promote national homeland security;
``(G) a discussion of the status of
cooperation between the Federal Government and
State, local, and tribal governments in
preventing terrorist attacks and preparing for
emergency response to threats to national
homeland security;
``(H) an explanation of any underlying
assumptions used in conducting the review; and
``(I) any other matter the Secretary
considers appropriate.
``(3) Public availability.--The Secretary shall,
consistent with the protection of national security and
other sensitive matters, make each report submitted
under paragraph (1) publicly available on the Internet
website of the Department.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this section.''.
(b) Preparation for Quadrennial Homeland Security Review.--
(1) In general.--During fiscal years 2007 and 2008,
the Secretary of Homeland Security shall make
preparations to conduct the first quadrennial homeland
security review under section 707 of the Homeland
Security Act of 2002, as added by subsection (a), in
fiscal year 2009, including--
(A) determining the tasks to be performed;
(B) estimating the human, financial, and
other resources required to perform each task;
(C) establishing the schedule for the
execution of all project tasks;
(D) ensuring that these resources will be
available as needed; and
(E) all other preparations considered
necessary by the Secretary.
(2) Report.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall submit to
Congress and make publicly available on the Internet
website of the Department of Homeland Security a
detailed resource plan specifying the estimated budget
and number of staff members that will be required for
preparation of the first quadrennial homeland security
review.
(c) Clerical Amendment.--The table of sections in section
1(b) of such Act is amended by inserting after the item
relating to section 706 the following new item:
``Sec. 707. Quadrennial Homeland Security Review.''.
SEC. 2402. SENSE OF THE CONGRESS REGARDING THE PREVENTION OF
RADICALIZATION LEADING TO IDEOLOGICALLY-BASED
VIOLENCE.
(a) Findings.--Congress finds the following:
(1) The United States is engaged in a struggle
against a transnational terrorist movement of radical
extremists that plans, prepares for, and engages in
acts of ideologically-based violence worldwide.
(2) The threat of radicalization that leads to
ideologically-based violence transcends borders and has
been identified as a potential threat within the United
States.
(3) Radicalization has been identified as a
precursor to terrorism caused by ideologically-based
groups.
(4) Countering the threat of violent extremists
domestically, as well as internationally, is a critical
element of the plan of the United States for success in
the fight against terrorism.
(5) United States law enforcement agencies have
identified radicalization that leads to ideologically-
based violence as an emerging threat and have in recent
years identified cases of extremists operating inside
the United States, known as ``homegrown'' extremists,
with the intent to provide support for, or directly
commit, terrorist attacks.
(6) Alienation of Muslim populations in the Western
world has been identified as a factor in the spread of
radicalization that could lead to ideologically-based
violence.
(7) Many other factors have been identified as
contributing to the spread of radicalization and
resulting acts of ideologically-based violence. Among
these is the appeal of left-wing and right-wing hate
groups, and other hate groups, including groups
operating in prisons. Other such factors must be
examined and countered as well in order to protect the
homeland from violent extremists of every kind.
(8) Radicalization leading to ideologically-based
violence cannot be prevented solely through law
enforcement and intelligence measures.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Homeland Security, in consultation with other
relevant Federal agencies, should make a priority of countering
domestic radicalization that leads to ideologically-based
violence by--
(1) using intelligence analysts and other experts
to better understand the process of radicalization from
sympathizer to activist to terrorist;
(2) recruiting employees with diverse worldviews,
skills, languages, and cultural backgrounds, and
expertise;
(3) consulting with experts to ensure that the
lexicon used within public statements is precise and
appropriate and does not aid extremists by offending
religious, ethnic, and minority communities;
(4) addressing prisoner radicalization and post-
sentence reintegration, in concert with the Attorney
General and State and local corrections officials;
(5) pursuing broader avenues of dialogue with
minority communities, including the American Muslim
community, to foster mutual respect, understanding, and
trust; and
(6) working directly with State, local, and
community leaders to--
(A) educate such leaders about the threat
of radicalization that leads to ideologically-
based violence and the necessity of taking
preventative action at the local level; and
(B) facilitate the sharing of best
practices from other countries and communities
to encourage outreach to minority communities,
including the American Muslim community, and
develop partnerships among and between all
religious faiths and ethnic groups.
SEC. 2403. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES.
The Committee on Commerce, Science, and Transportation of
the Senate shall receive the reports required by the following
provisions of law in the same manner and to the same extent
that the reports are to be received by the Committee on
Homeland Security and Governmental Affairs of the Senate:
(1) Section 1016(j)(1) of the Intelligence Reform
and Terrorist Prevention Act of 2004 (6 U.S.C.
485(j)(1)).
(2) Section 511(d) of this Act.
(3) Subsection (a)(3)(D) of section 2022 of the
Homeland Security Act of 2002, as added by section 101
of this Act.
(4) Section 7215(d) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 123(d)).
(5) Section 7209(b)(1)(C) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C.
1185 note).
(6) Section 804(c) of this Act.
(7) Section 901(b) of this Act.
(8) Section 1002(a) of this Act.
(9) Title III of this Act.
SEC. 2404. DEMONSTRATION PROJECT.
(a) Demonstration Project Required.--Not later than 120
days after the date of enactment of this Act, the Secretary of
Homeland Security shall--
(1) establish a demonstration project to conduct
demonstrations of security management systems that--
(A) shall use a management system standards
approach; and
(B) may be integrated into quality, safety,
environmental and other internationally adopted
management systems; and
(2) enter into one or more agreements with a
private sector entity to conduct such demonstrations of
security management systems.
(b) Security Management System Defined.--In this section,
the term `security management system' means a set of guidelines
that address the security assessment needs of critical
infrastructure and key resources that are consistent with a set
of generally accepted management standards ratified and adopted
by a standards making body.
SEC. 2405. UNDER SECRETARY FOR MANAGEMENT OF DEPARTMENT OF HOMELAND
SECURITY.
(a) Responsibilities.--Section 701(a) of the Homeland
Security Act of 2002 (6 U.S.C. 341) is amended--
(1) by inserting ``The Under Secretary for
Management shall serve as the Chief Management Officer
and principal advisor to the Secretary on matters
related to the management of the Department, including
management integration and transformation in support of
homeland security operations and programs.'' before
``The Secretary'';
(2) by striking paragraph (7) and inserting the
following:
``(7) Strategic management planning and annual
performance planning and identification and tracking of
performance measures relating to the responsibilities
of the Department.''; and
(3) by striking paragraph (9), and inserting the
following:
``(9) The management integration and transformation
process, as well as the transition process, to ensure
an efficient and orderly consolidation of functions and
personnel in the Department and transition, including--
``(A) the development of a management
integration strategy for the Department, and
``(B) before December 1 of any year in
which a Presidential election is held, the
development of a transition and succession
plan, to be made available to the incoming
Secretary and Under Secretary for Management,
to guide the transition of management functions
to a new Administration.''.
(b) Appointment and Evaluation.--Section 701 of the
Homeland Security Act of 2002 (6 U.S.C. 341), as amended by
subsection (a), is further amended by adding at the end the
following:
``(c) Appointment and Evaluation.--The Under Secretary for
Management shall--
``(1) be appointed by the President, by and with
the advice and consent of the Senate, from among
persons who have--
``(A) extensive executive level leadership
and management experience in the public or
private sector;
``(B) strong leadership skills;
``(C) a demonstrated ability to manage
large and complex organizations; and
``(D) a proven record in achieving positive
operational results;
``(2) enter into an annual performance agreement
with the Secretary that shall set forth measurable
individual and organizational goals; and
``(3) be subject to an annual performance
evaluation by the Secretary, who shall determine as
part of each such evaluation whether the Under
Secretary for Management has made satisfactory progress
toward achieving the goals set out in the performance
agreement required under paragraph (2).''.
(c) Deadline for Appointment; Incumbent.--
(1) Deadline for appointment.--Not later than 90
days after the date of the enactment of this Act, the
Secretary of Homeland Security shall name an individual
who meets the qualifications of section 701 of the
Homeland Security Act (6 U.S.C. 341), as amended by
subsections (a) and (b), to serve as the Under
Secretary of Homeland Security for Management. The
Secretary may submit the name of the individual who
serves in the position of Under Secretary of Homeland
Security for Management on the date of enactment of
this Act together with a statement that informs the
Congress that the individual meets the qualifications
of such section as so amended.
(2) Incumbent.--The incumbent serving as Under
Secretary of Homeland Security for Management on
November 4, 2008, is authorized to continue serving in
that position until a successor is confirmed, to ensure
continuity in the management functions of the
Department.
(d) Sense of Congress With Respect to Service of
Incumbents.--It is the sense of the Congress that the person
serving as Under Secretary of Homeland Security for Management
on the date on which a Presidential election is held should be
encouraged by the newly-elected President to remain in office
in a new Administration until such time as a successor is
confirmed by Congress.
(e) Executive Schedule.--Section 5313 of title 5, United
States Code, is amended by inserting after the item relating to
the Deputy Secretary of Homeland Security the following:
``Under Secretary of Homeland Security for Management.''.
And the Senate agree to the same.
Bennie G. Thompson,
Loretta Sanchez,
Norman Dicks,
Jane Harman,
Nita M. Lowey,
Sheila Jackson-Lee,
Donna M. Christensen,
Bob Etheridge,
James R. Langevin,
Henry Cuellar,
Al Green,
Ed Perlmutter,
Peter T. King,
Mark Souder,
Tom Davis,
Daniel E. Lungren,
Michael T. McCaul,
Charles W. Dent,
Ike Skelton,
John M. Spratt, Jr.,
Jim Saxton,
John D. Dingell,
Edward J. Markey,
Tom Lantos,
Gary Ackerman,
Ileana Ros-Lehtinen,
John Conyers,
Zoe Lofgren,
Henry A. Waxman,
Wm. Lacy Clay,
Silvestre Reyes,
Bud Cramer,
Bart Gordon,
David Wu,
Peter A. DeFazio,
John B. Larson,
Managers on the Part of the House.
Joe Lieberman,
Carl Levin,
Daniel K. Akaka,
Tom Carper,
Mark Pryor,
Chris Dodd,
Daniel K. Inouye,
Joe Biden,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 1), to provide
for the implementation of the recommendations of the National
Commission on Terrorist Attacks Upon the United States, submit
the following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Joint Explanatory Statement
TITLE I--HOMELAND SECURITY GRANTS
Section 101. Homeland Security Grant Program
Section 101 of the Conference Report amends the Homeland
Security Act to add a new Title XX, comprised of two subtitles
and including the following sections:
Subtitle A--Grants to States and High-Risk Urban Areas
Section 2001. Definitions
Section 2001 of the House bill defines several terms that
are used in the title relevant to homeland security grants,
including ``Covered grant,'' ``Directly Eligible Tribe,''
``Elevations in the Threat Alert Level,'' ``First Responder,''
``Indian Tribe,'' ``Region,'' ``Terrorism Preparedness,'' and
``Capabilities.''
Section 2001 of the Senate bill is a comparable
provision, which defines ``Administrator,'' ``Combined
Statistical Area,'' ``Directly Eligible Tribe,'' ``Eligible
Metropolitan Area,'' ``Indian Tribe,'' ``Metropolitan
Statistical Area,'' ``National Special Security Event,''
``Population,'' ``Population Density,'' ``Target
Capabilities,'' and ``Tribal Government.''
The Conference substitute adopts the Senate provision, as
modified. The provision defines the terms ``Administrator,''
``Appropriate Committees of Congress,'' ``Critical
Infrastructure Sectors,'' ``Directly Eligible Tribe,''
``Eligible Metropolitan Area,'' ``High-Risk Urban Area,''
``Indian Tribe,'' ``Metropolitan Statistical Area,'' ``National
Special Security Event,'' ``Population,'' ``Population
Density,'' ``Qualified Intelligence Analyst,'' ``Target
Capabilities,'' and ``Tribal Government.''
Section 2002. Homeland Security Grant Programs
Section 2002 of the House bill sets forth the first
responder grant programs at the Department that are covered by
the provisions in the title. These programs are the State
Homeland Security Grant Program, the Urban Area Security
Initiative, and the Law Enforcement Terrorism Prevention
Program. It specifically excludes the Assistance to
Firefighters Grant programs, the Emergency Management
Performance Grant program, and the Urban Search and Rescue
program.
Section 2002 of the Senate bill authorizes the Secretary
of Homeland Security (the Secretary), acting through the
Administrator of the Federal Emergency Management Agency
(FEMA), to award grants to State, local, and tribal
governments. It clarifies that other grant programs, such as
the Assistance to Firefighters Grant programs, the Metropolitan
Medical Response System, critical infrastructure grant
programs, including transportation security grants programs,
the port security grant program, and grants administered by
agencies other than the Department of Homeland Security (the
Department or DHS), are not covered under the title.
The Conference substitute adopts the Senate provision, as
modified. It specifically authorizes the Secretary, acting
through the Administrator of FEMA (the Administrator), to make
grants under the State Homeland Security Grant Program and the
Urban Area Security Initiative. It specifically provides that
none of the provisions in subtitle A affect, or may be
construed to affect, programs authorized under the Federal Fire
Prevention and Control Act; grants authorized under the
Stafford Act; Emergency Management Performance Grants under the
amendments made by Title II of the Implementing the
Recommendations of the 9/11 Commission Act of 2007; grants to
protect critical infrastructure, including port security grants
authorized under 46 U.S.C. 70107 and grants authorized under
titles XIV, XV, and XVI of the Implementing the Recommendations
of the 9/11 Commission Act of 2007; Metropolitan Medical
Response System grants authorized under section 635 of the
Post-Katrina Emergency Management Reform Act; the Interoperable
Emergency Communications Grant Program authorized under title
XVIII of the Homeland Security Act; and grants not administered
by the Department.
Section 1014 of the USA Patriot Act (42 U.S.C. 3714),
which authorized grants to States to ``enhance the capability
of State and local jurisdictions to prepare for and respond to
terrorist acts,'' has, up until now, served as the authority
for grant programs such as the State Homeland Security Grant
Program and the Law Enforcement Terrorism Prevention Program.
Section 1014 further provided that each State receive a minimum
of 0.75 percent of such authorized grants. The Conference
substitute clarifies that the grants authorized under sections
2003 and 2004 of the Homeland Security Act are to supersede all
grant programs authorized by section 1014 of the USA PATRIOT
Act and that such grants shall be governed by the terms of this
title and not any other provision of law, including with
respect to the minimum guaranteed to each State under section
2004 and the fact that, where there is such a minimum, it is to
be allocated as a ``true minimum,'' in the manner explained
below.
The Conferees remain concerned about the implementation
of the provisions in the Post-Katrina Emergency Management
Reform Act (PL 109-295), which placed the authority to conduct
training and exercises and administer grants within FEMA, thus
restoring the nexus between emergency preparedness and
response. The Conferees continue to believe that the
Administrator, in consultation with other relevant Departmental
components with issue-area expertise, should have
responsibility for administering all grant programs
administered by the Department, which will ensure the
coordination among those programs and consistency in the
guidance issued to grant recipients.
Section 2003. Urban Area Security Initiative
Section 2003 of the House bill provides that areas
determined by the Secretary to be high-threat urban areas may
apply for Urban Area Security Initiative grants.
Section 2003 of the Senate bill specifically establishes
the Urban Area Security Initiative grant program, to assist
high-risk urban areas in preventing, preparing for, and
responding to acts of terrorism. It allows eligible
metropolitan areas, defined primarily as self-defined areas
within the 100 largest metropolitan statistical areas, to apply
for the grants. This section requires that the grants be
allocated based on the threat, vulnerability, and consequences
of a terrorist attack, as well as the effectiveness of each
urban area's proposed spending plan in increasing the area's
preparedness for terrorism and reducing risk. The section
further describes the allowable uses of the grant funding by
urban areas.
The Conference substitute adopts the Senate provision, as
modified. The Conference substitute provides for a two-stage
process for designating high-risk urban areas eligible to apply
for Urban Area Security Initiative grants. First, the
Department is to conduct an initial assessment of the risks,
threats, and vulnerabilities from acts of terrorism faced by
eligible metropolitan areas, defined as the 100 most populous
metropolitan statistical areas in the United States. During
this initial assessment, these areas may submit relevant
information to the Department for consideration. Second, once
this initial assessment process is complete, the Department
will designate which jurisdictions may apply for Urban Area
Security Initiative grants based solely on the assessment of
risk from acts of terrorism.
Section 2004. State Homeland Security Grant Program
Section 2003 of the House bill provides that States,
regions, and directly eligible tribes shall be eligible to
apply for grant funds under the State Homeland Security Grant
Program and the Law Enforcement Terrorism Prevention Program.
Section 2004 of the House bill sets forth minimum amounts each
State shall receive (0.25 percent), providing for larger grant
awards to applicants that have a significant international land
border and/or adjoin a body of water within North America that
contains an international boundary line (0.45 percent). Under
the House bill territories and directly eligible tribes would
receive not less than 0.08 percent of the funds.
Section 2004 of the Senate bill establishes the State
Homeland Security Grant Program to assist State, local, and
tribal governments in preventing, preparing for, protecting
against, responding to, and recovering from acts of terrorism.
The section requires that the grants be allocated to States
based on the threat, vulnerability, and consequences of
terrorism faced by a State, and lists factors to be considered
in determining a State's risk. The section further provides
that, in allocating funds, no State shall receive less than
0.45 percent of the overall appropriation for this program and
that each State distribute a minimum of 80 percent of funding
received under this program to local and tribal governments
within that State, consistent with the State's homeland
security plan. Territories would receive not less than 0.08
percent of the funds. The section also describes the allowable
uses for grant funding provided to States under this section.
The Conference substitute adopts the Senate provision, as
modified. The Conference substitute requires that each State
receive, from the funds appropriated for the State Homeland
Security Grant Program, not less than 0.375 percent of the
total funds appropriated for grants under sections 2003 and
2004 in Fiscal Year 2008. This minimum decreases to 0.35
percent over five years. Each territory is to receive not less
than 0.08 percent of the funds and tribes are to receive,
collectively, not less than 0.1 percent of the funds.
In all cases, the minimum is a ``true minimum,'' in which
funding allocations are initially determined entirely on the
basis of terrorism risk and the anticipated effectiveness of
the proposed use of the grant. Any recipient that does not
reach the minimum based on this risk allocation will receive
additional funding from the amount appropriated for the State
Homeland Security Grant Program to ensure the respective
minimum is met. This distribution method is consistent with the
Department's practice for FY 2007 for the formula grants in the
Homeland Security Grant Program, and maximizes the share of
funds distributed on the basis of risk. The Urban Area Security
Initiative will continue to be allocated exclusively on the
basis of the risk from acts of terrorism and the anticipated
effectiveness of the proposed use of the grant.
Section 2005. Grants to directly eligible tribes
Section 2003 of the House bill authorizes the Secretary
to award grants to directly eligible tribes under the State
Homeland Security Grant Program, requires the designation of a
specific individual to serve as the tribal liaison for each
tribe, and allows an opportunity for each State to comment to
the Secretary on the consistency of a tribe's application with
the State's homeland security plan.
Section 2004 of the Senate bill authorizes the Secretary
to award grants to directly eligible tribes under the State
Homeland Security Grant Program.
The Conference substitute adopts the House provision, as
modified. The Conference substitute further clarifies that,
regardless of whether a tribe receives funds directly from the
Department, the tribe remains eligible to receive a pass-
through of section 2004 funds for other purposes from any State
within which it is located, and that States retain a
responsibility for allocating funds received under section 2004
to assist tribal communities, including tribes that are not
directly eligible tribes, achieve target capabilities not
achieved through direct grants.
Section 2006. Terrorism prevention
There is no comparable House provision.
Section 2005 of the Senate bill requires that the
Department of Homeland Security designate a minimum of 25
percent of the funding to States and urban areas through the
State Homeland Security Grant Program and Urban Area Security
Initiative for law enforcement terrorism prevention activities.
It provides a list of allowable uses for the funding. The
section also establishes the Office for the Prevention of
Terrorism within the Department to, among other things,
coordinate policy and operations between Federal, State, local,
and tribal governments related to the prevention of terrorism.
The Conference substitute adopts the Senate provision, as
modified.
The Conferees note the importance of law enforcement
terrorism prevention activities and requires the Administrator
to ensure that not less than 25 percent of the combined funds
from the State Homeland Security Grant Program and Urban Area
Security Initiative are dedicated to these vital activities.
This will ensure that law enforcement terrorism prevention
activities are appropriately coordinated with other State and
high-risk urban area efforts to prevent, prepare for, protect
against, and respond to acts of terrorism using grant funds.
The Conference substitute also includes a provision
creating an Assistant Secretary in the DHS Policy Directorate
to head an Office for State and Local Law Enforcement. This new
Assistant Secretary will lead the coordination of Department-
wide policies relating to State and local law enforcement's
role in preventing acts of terrorism and will also serve as a
liaison between law enforcement agencies across the country and
the Department. The Conferees believe this office gives the
State and local law enforcement community a much needed voice
and high-level point of contact in the Department and
integrates prevention and other law enforcement activities
across the Department, while avoiding the creation of further
stovepipes.
The Conference substitute creates the Assistant Secretary
in the Department's Policy Directorate because of that
Directorate's central role in coordinating policies across the
Department. By such placement, however, the Conferees do not
intend to preclude the Secretary from seeking advice directly
from the Assistant Secretary, or from having the Assistant
Secretary report directly to the Secretary, if the Secretary
determines that arrangement would be most helpful and/or most
beneficial to the Department.
In addition, the Conference substitute includes language
in this section to reflect the general purpose of the Fusion
and Law Enforcement Education and Teaming (FLEET) Grant Program
in House Sections 701 and 702. Many local and tribal law
enforcement and other emergency response providers that would
like to participate in State, local, or regional fusion centers
lack the resources--in terms of funding and staff--to do so.
These providers are not usually in the headlines; instead, they
typically serve under represented suburban and rural
jurisdictions where terrorists may live, work, and plan
attacks--even if they themselves are not likely targets of
those attacks.
The Conferees believe that such agencies and departments,
based on an appropriate showing of risk, should qualify for
grant funding so they can send representatives to State, local,
or regional fusion centers. Such funding should be available
for (1) backfilling positions for law enforcement officers,
intelligence analysts, and other emergency response staff
detailed to fusion centers; and (2) appropriate training in the
intelligence cycle, privacy and civil liberties, and other
relevant matters, as determined by the Secretary.
The Conference substitute also provides for the Assistant
Secretary for State and Local Law Enforcement and the
Administrator to jointly conduct a study to determine the
efficacy and feasibility of establishing specialized law
enforcement deployment teams to assist State, local and tribal
governments in responding to natural disasters, acts of
terrorism, or other man-made disasters, and to report on the
results of that study to the appropriate Committees of
Congress. By requiring the study, the Conferees do not intend
to authorize the creation, use or deployment of such teams, but
instead intends that the Assistant Secretary and the
Administrator report to Congress on the results of the study
and, in the event they determine that such deployment teams are
feasible and likely to be effective, that they seek further
Congressional authorization before implementing any such
program. The Conferees further intend that any such deployment
teams, if implemented, would, like other specialized response
teams, such as Urban Search and Rescue Teams, be subject to the
direction of the Administrator and coordinated with the other
activities of FEMA.
Section 2007. Prioritization
Section 2004 of the House bill requires the Secretary to
evaluate and annually prioritize pending applications for
covered grants based upon the degree to which they would lessen
the threat to, vulnerability of, and consequences for persons
and critical infrastructure from acts of terrorism.
There is no comparable Senate provision. Instead the
Senate bill individually lists the factors that the
Administrator shall consider when allocating grants under
sections 2003 and 2004.
The Conference substitute adopts the House provision, as
modified. The Conference substitute requires that in allocating
funds among States and high-risk urban areas the Administrator
consider for each State and high-risk urban area, its relative
threat, vulnerability, and consequences from acts of terrorism,
including consideration of several enumerated factors; and the
anticipated effectiveness of the proposed use of the grant by
the State or high-risk urban area. While the Conference
substitute does not specify the particular weight to be given
to any of the listed criteria, it nonetheless requires that
each of the characteristics listed in subparagraphs
2007(a)(1)(A) through (J) be considered as part of the
assessment of threat, vulnerability, and consequences from acts
of terrorism faced by the State or high-risk urban area. The
Conference substitute also provides that the Administrator may
consider additional factors beyond those listed, as specified
in writing, in assessing a State or high-risk urban area's
risk.
Section 2008. Use of funds
Section 2005 of the House bill lists authorized uses of
covered grants and prohibits the use of grant funds to supplant
State or local funds, to construct physical facilities, to
acquire land, or for any State or local government cost sharing
contribution. This section also requires each covered grant
recipient to submit annual reports on homeland security
spending and establishes penalties for States that fail to pass
funds through to local governments within 45 days of receipt of
grant funds.
There is no comparable Senate provision. Instead, the
Senate bill authorizes eligible uses of funds for each grant
program individually and provides for limitations on the use of
grant funds under Section 2007 of the Senate bill.
The Conference substitute adopts the House provision,
with modifications. The Conference substitute authorizes grant
funds under sections 2003 and 2004 to be used for a number of
uses including planning, training, exercises, protecting
critical infrastructure, purchasing equipment, and paying
personnel costs associated with both straight time and overtime
and backfill, in addition to any allowable use in the FY 2007
grant guidance for the State Homeland Security Grant Program,
the Urban Area Security Initiative (including activities
permitted under the full-time counterterrorism staffing pilot),
or the Law Enforcement Terrorism Prevention Program. The
Conference substitute authorizes grant recipients to use up to
50 percent of their grant funds for overtime and straight
personnel costs because prevention and protection activities
are personnel intensive. Nonetheless, the needs of communities
vary considerably, and the Conferees anticipate that many, if
not most, recipients will not need to devote the maximum
allowable funding to personnel costs. The Conferees encourage
grant recipients to also emphasize planning, training, and
exercising in their spending plans.
It is important to note that the Conferees are concerned
about audits and news reports illustrating some inappropriate
uses of grant funds since the programs' inception. The
Conferees, therefore, emphasize language in the Conference
substitute that prohibits grant recipients from using their
funding for social and recreational purposes.
Finally, the Conferees note the provision permitting
grant recipients to use their funding for multiple purposes. To
be clear, the Conferees do not intend for grant recipients to
use their funding solely to prepare for natural disasters. The
programs authorized in this title are for counter-terrorism
purposes. Nevertheless, the Conferees recognize that many of
the planning, training, exercising, and equipment needs of
jurisdictions are similar, if not identical, for natural
disasters, acts of terrorism, and other man-made disasters, and
that, although some preparations for terrorist threats require
unique plans and capabilities, many will be part of overall
all-hazards preparedness. Therefore, although the use of grant
funds under these programs must further a jurisdiction's
counter-terrorism activities and programs, the Conferees expect
and encourage such jurisdictions to engage in activities, such
as evacuation exercises, that will contribute to preparedness
for both terrorist and non-terrorist events and not to hesitate
to use, for example, equipment purchased for counter-terrorism
purposes to respond to a non-terrorist incident.
Subtitle B--Grants Administration
Section 2021. Administration and coordination
There is no comparable House provision.
Section 2007 of the Senate bill requires the
Administrator to ensure that the recipients of grants
administered by the Department coordinate their activities
regionally, including across State boundaries where
appropriate, and that State and urban recipients establish a
planning committee including relevant stakeholders to assist in
the preparation and revision of area homeland security plans.
This section also requires that the Department coordinate with
other relevant Federal agencies to develop a proposal to
coordinate the reporting and other requirements for homeland
security assistance programs across the Federal government to
avoid duplication and undue burdens on State, local, and tribal
governments.
The Conference substitute adopts the Senate provision, as
modified.
The Conference substitute includes a provision requiring
States and high-risk urban areas receiving grants under the
State Homeland Security Grant Program or the Urban Area
Security Initiative to establish a planning committee if they
have not already done so. The Conferees are aware that many
multi-jurisdictional councils of governments, regional planning
commissions and organizations, development districts, and
consortiums have responsibility for implementing emergency
response plans and coordinating cross-jurisdictional response
capabilities, and urges the Department to support the continued
use of such entities.
Because natural disasters, acts of terrorism and other
man-made disasters do not respect political boundaries, and
because such events have the potential to overwhelm the
capabilities of a single jurisdiction, the Conferees believe
that it is important that there be regional coordination in
preparing for these events, and the Conference substitute
requires that the Administrator ensure that grant recipients
appropriately coordinate with neighboring State, local and
tribal governments. The Conference does not intend, however,
that this provide a license to the Administrator to impose
burdensome requirements on local subgrantees or other small
communities, and encourages the Administrator to ensure
regional coordination primarily by working with States, high-
risk urban areas, and other direct recipients of grants.
Section 2022. Accountability
Section 2005 of the House bill requires recipients of
grants under the State Homeland Security Grant Program, Urban
Area Security Initiative, and Law Enforcement Terrorism
Prevention Program to submit an annual report to the Secretary
concerning the use and allocation of those grant funds, and
provides incentives for submission of quarterly reports. It
also requires that the Secretary submit an annual report to
Congress concerning the use of funds by grant recipients and
describing progress made in enhancing capabilities as a result
of the expenditure of grant funds.
Section 2008 of the Senate bill requires the
Administrator to submit annual reports to Congress evaluating
the extent to which grants have contributed to the progress of
State, local, and tribal governments in achieving target
capabilities and providing an explanation of the Department's
risk methodology. In addition, Section 2009 of the Senate bill
requires the Inspector General of the Department (the Inspector
General) to audit all recipients of grants under the State
Homeland Security Grant Program, Urban Area Security
Initiative, and Emergency Management Performance Grant program.
The audits are to be conducted within two years of enactment of
the bill or receipt of such a grant, and be made publicly
available on the website of the Inspector General. The
Inspector General is also required to audit each entity that
received a preparedness grant from the Department prior to
enactment of this legislation.
The Conference substitute adopts the Senate provision, as
modified. Among other things, the Conference substitute
requires that at least every two years, the Administrator
conduct a programmatic and financial review of each State and
high-risk urban area receiving a grant administered by the
Department to examine whether grant funds are being used
properly and effectively. It requires further that the
Inspector General follow up these agency reviews by conducting
independent audits of a sample of States and high-risk urban
areas each year. The Inspector General is to conduct an audit
of all States at least once over the next seven years, report
to Congress on any findings, and post the results of the audits
on the Internet, taking steps to protect classified and other
sensitive information. The Conference substitute authorizes
additional funding to help ensure that the Administrator and
the Office of the Inspector General are able to carry out these
oversight and auditing functions. In addition, the Conference
substitute requires the submission of quarterly and annual
reports by grant recipients.
While the Conference acknowledges the importance of
transparency and therefore requires the public online posting
of audits in this section, the Conference substitute exempts
any audit information from being released publicly that
contains ``sensitive'' information. The Conference emphasizes
that the sensitive information referred to in this provision is
information that, while it may not be classified, would be
detrimental to national security if made public, such as
information designated as Sensitive Security Information. The
Conference emphasizes therefore that the term ``sensitive
information,'' and the associated exemption from public
disclosure, does not apply to information which a grantee or
the Department may simply find embarrassing, questionable,
unlawful, or otherwise suggestive of poor management or
judgment. That an audit contains sensitive information should
not be cause to withhold the entire audit from public release,
but rather the Conference expects that such information would
merely be redacted from posted audits.
Section 102. Other Amendments to the Homeland Security Act of 2002
Section 2004(a)(1) of the House bill includes a provision
requiring the Secretary to coordinate with the National
Advisory Council and other components of the Department when
evaluating and prioritizing grant applications.
Section 2007 of the Senate bill requires that the
Administrator regularly consult and work with the National
Advisory Council, an advisory panel of State, local, tribal,
private and nonprofit officials established under Section 508
of the Homeland Security Act, on the administration and
assessment of the Department's grant programs, in order to
ensure regular and continuing input from State, local and
tribal governments and emergency response providers and better
integration of these parties into the grants process.
The Conference substitute adopts the Senate provision, as
modified.
Section 103. Amendments to the Post-Katrina Emergency Management Reform
Act of 2006
Section 2005(h)(5)(E) of the House bill requires that
each recipient of a covered grant include in its annual report
to the Secretary, information on the extent to which
capabilities identified in the applicable State homeland
security plan or plans remain unmet.
Section 2008(a)(1) of the Senate bill requires that, as a
component of the annual Federal Preparedness Report required
under section 652 of the Post-Katrina Emergency Management
Reform Act, the Administrator report to Congress on the extent
to which grants administered by the Department have contributed
to State, local and tribal governments achieving target
capabilities and have led to the reduction of risk.
The Conference substitute adopts the Senate provision, as
modified. Section 103 of the substitute amends section 652 of
the Post-Katrina Emergency Management Reform Act to require
that the Administrator conduct an evaluation of the efficacy of
Department grants in helping States, localities, and tribes
achieve target capabilities and in reducing risk and to require
States to report on the extent to which their target
capabilities remain unmet and assess the resources needed to
meet preparedness priorities.
Section 104. Technical and conforming amendments
Section 104 makes technical and conforming amendments to
the Homeland Security Act of 2002, consistent with those made
in section 204 of the Senate bill and paragraphs (a)(1)-(4) of
Section 101 of the House bill.
TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS
There is no comparable House provision.
Title IV of the Senate bill reauthorizes the Emergency
Management Performance Grants (EMPG) Program. In the Senate
bill, the program provides grants to States to assist State,
local and tribal governments in preparing for, responding to,
recovering from, and mitigating against all hazards. The
section codifies the existing allocation formula for EMPG
grants in which each State receives 0.75 percent of the total
appropriation for this program, with the remainder of the
appropriated funding distributed to States in proportion to
their population. The Senate bill also specifies allowable uses
for EMPG grants, and continues the existing cost-sharing
requirement, whereby the Federal share of an activity's cost
may not exceed 50 percent.
The Conference substitute adopts the Senate provision,
with modifications. Section 201 of this title directs the
Administrator to continue implementation of an Emergency
Management Performance Grants program, the Nation's principal
grant program, to assist State, local, and tribal governments
in preparing for all hazards. The Conference substitute
continues this program, as authorized by the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, and authorizes
appropriations for the program through FY 2012. Section 202 of
this title amends section 614 of the Stafford Act, concerning
the Federal share for construction of Emergency Operations
Centers (EOCs). Section 202 allows the Federal Government to
finance up to 75 percent of the costs of equipping, upgrading,
and constructing State or local EOCs. While equipping,
upgrading, and constructing EOCs are eligible activities under
the EMPG program, these also remain eligible activities under
other provisions of Title VI of the Stafford Act, and section
202 applies the maximum 75 percent Federal cost share to the
EMPG program and to any other program authorized under Title VI
of the Stafford Act that provides grants for construction of
EOCs.
TITLE III--INTEROPERABLE COMMUNICATIONS FOR FIRST RESPONDERS
Section 301. Interoperable Emergency Communications Grant Program
Section 201 of the House bill amends Title V of the
Homeland Security Act of 2002 by creating a stand-alone
interoperability grant program at the Department of Homeland
Security (the Department or DHS). This provision directs the
Secretary of Homeland Security (the Secretary), acting through
the Office of Grants and Training, in coordination with the
Director of Emergency Communications, to establish the Improved
Communications for Emergency Response (ICER) grant program to
improve emergency communications among State, regional,
national, and, in some instances, international border
communities. The provision provides that the ICER grant program
would be established the first fiscal year after the Department
met the following requirements: the completion of and delivery
to Congress of the National Emergency Communications Plan; the
completion of the baseline interoperability assessment, and the
determination by the Secretary that substantial progress has
been made with regard to emergency communications equipment and
technology standards. Further, the provision states that the
ICER grants may be used for planning, design and engineering,
training and exercises, technical assistance, and other
emergency communications activities deemed integral to
emergency interoperable communications by the Secretary.
Section 301 of the Senate bill amends Title XVIII of the
Homeland Security Act of 2002 by creating a grant program
administered by the Federal Emergency Management Agency (FEMA)
dedicated to improving operable and interoperable emergency
communications at local, regional, State, Federal and, where
appropriate, international levels. In applying for the grants,
States would have to demonstrate that the grants would be used
in a manner consistent with their Statewide interoperability
plans and the National Emergency Communications Plan. The
States would be required to pass at least 80 percent of the
total amount of the grants they receive, or the functional
equivalent, to local and tribal governments. Section 301
requires that each State receive not less than 0.75 percent of
the total funds appropriated for the grant program in any given
year. Further, Section 301 authorizes $3.3 billion for the
grant program for the first five years: $400 million in Fiscal
Year 2008; $500 million in Fiscal Year 2009; $600 million in
Fiscal Year 2010; $800 million in Fiscal Year 2011; and $1
billion in Fiscal Year 2012.
The Conference substitute adopts the Senate provision by
amending Title XVIII of the Homeland Security Act to require
that the Secretary establish the Interoperable Communications
Grant Program to make the grants to States. The Conference
Report clarifies the Senate's all-hazards approach for the use
of the grants by stating that the grants should be used to
carry out initiatives to improve ``interoperable emergency
communications, including the collective response to natural
disasters, acts of terrorism, and other man-made disasters.''
The Conference substitute clarifies that the Office of
Emergency Communications is responsible for ensuring that the
grants awarded under this section are consistent with the
policies established by the Office of Emergency Communications
in accord with its statutory authority and that the activities
funded by the grants must be consistent with the Statewide
interoperable communications plans and comply with the National
Emergency Communication Plan, when completed. The Conference
substitute further makes clear that FEMA will administer the
grant program pursuant to its responsibilities and authorities
under law. It is the intent of the Conferees that FEMA
administer the grant program in a manner that is consistent
with the policies established by the Office of Emergency
Communications. FEMA shall provide applicants a reasonable
opportunity to correct defects in the application, if any,
before making final awards.
The Conference substitute modifies the House and Senate
provisions to clarify that the grants administered under this
section shall be used for activities determined by the
Secretary of the Department to be integral to interoperable
communications. Because of a concern about the potential for
fraud, waste, and abuse, the Conferees expect the Department to
institute aggressive oversight and accountability measures to
ensure that grantees under this section use the funds in a
manner that advances the standards outlined in the SAFECOM
interoperability continuum, including but not limited to
governance, standard operating procedures, technology, training
and exercises, and usage. Moreover, the Conference substitute
states that recipients of grant funds under this program are
prohibited from using grants for recreational or social
purposes. Nor may grantees use these funds to supplant State or
local funds, or to meet cost-sharing contributions. The
Conference substitute gives the Secretary clear authority to
take ``such actions as necessary'' to ensure that the grant
funds are being used for their intended purpose.
Grants awarded pursuant to the Interoperable Emergency
Communications Grant Program may be used for operable
communications--the ability of emergency response providers and
relevant government officials to continue to communicate in the
event of natural disasters, acts of terrorism, and other man-
made disasters--if the Director of Emergency Communications
reports to the Secretary of the Department of Homeland Security
that a national baseline level of interoperability has been
achieved, or if the Director of Emergency Communications finds
that an applicant's specific request for grant funds for
operability is critical and necessary to achieve
interoperability.
The Conference substitute requires that before a State
may receive a grant under this section, the Director of the
Office of Emergency Communications shall approve the State's
statewide interoperable communications plan required under
section 7303(f) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. Sec. 194(f)). The Conferees
intend it to be the responsibility of the Director of Emergency
Communications to ensure that the State-wide interoperability
plans are designed to advance interoperability at all levels of
government, consider applicable local and regional plans, and
comply with the National Emergency Communications Plan, when
complete. The Conference substitute provides that each State
that receives a grant under this section shall certify that the
grant is used for the intended purposes of the grant program.
The Conferees agreed to remove the Senate provision
related to a review board to assist in reviewing the grant
applications since the Department has entrusted that
responsibility to peer review groups made of emergency
communication experts.
The Conference substitute reflects the agreed-upon
authorization of $1.6 billion for the grant program under this
section which shall be allocated over five fiscal years
beginning in Fiscal Year 2008, after the completion of the
National Emergency Communications Plan and its submission to
Congress. The Conference substitute authorizes such sums as
necessary for each fiscal year following the initial five year
period. The Conferees agree that to ensure that grants are
spent on effective measures to improve interoperability, the
Secretary may not award a grant under this section for the
purchase of equipment that does not meet applicable voluntary
consensus standards, to the extent that such standards exist,
unless the State demonstrates a compelling reason. The
Conference substitute adopts the Senate provision, with
modifications, that States receiving a grant under this section
shall pass through 80 percent of the grant funds, or the
functional equivalent, to local and tribal governments. The
Conference substitute prohibits States from imposing
unreasonable or unduly burdensome requirements on tribal
governments as a condition of providing grant funds or
resources.
The Conference substitute outlines the funding formula
for the distribution of grant dollars to ensure that each State
receives a minimum of funds for each fiscal year as follows:
0.50 percent for Fiscal Year 2008; 0.50 percent for Fiscal Year
2009; 0.45 percent for Fiscal Year 2010; 0.40 percent for
Fiscal Year 2011; and 0.35 percent for Fiscal Year 2012 and
each subsequent fiscal year. The territories of the United
States are to receive no less than 0.08 percent of the total
amount appropriated for grants under this title for each fiscal
year.
The Conference substitute modifies the Senate's provision
regarding the annual reporting requirement of States that
receive grants. Reports to the Office of Emergency
Communications shall be made publicly available, subject to
redactions necessary to protect classified or other sensitive
information. The Conference substitute requires that the Office
of Emergency Communications submit to Congress an annual report
detailing how the grants under this section facilitate the
implementation of the Statewide interoperability plans and
advance interoperability at all levels of government.
Section 302. Border interoperability demonstration project
There is no comparable House provision.
Section 302 of the Senate bill establishes an
international border demonstration project involving at least
six pilot projects aimed at improving interoperability along
the U.S.-Canada and U.S.-Mexico borders.
The Conference substitute adopts the Senate provision,
with modifications. The Senate provision establishes in the
Department the International Border Community Interoperable
Communications Demonstration Project. The Conference has agreed
that the demonstration project will be carried out by the
Office of Emergency Communications at the Department in
coordination with the Federal Communications Commission and the
Department of Commerce. The Conference directs that the
demonstration project may only proceed after the Federal
Communications Commission and the Department of Commerce have
agreed upon the availability of the necessary spectrum
resulting from the 800 megahertz rebanding process in the
affected border areas.
The Conference substitute directs the Office of Emergency
Communications to foster local and tribal, State and Federal
interoperable communications in those communities selected for
demonstration projects. The Office of Emergency Communications
is also directed to identify solutions to facilitate
interoperable communications across the national borders,
provide technical assistance, and ensure the emergency
responders can communicate in the event of natural disasters,
acts of terrorism, and other man-made disasters. The Conference
agrees that the Director of the Office of Emergency
Communications shall receive a report from each State receiving
funds under this section within 90 days of receiving the funds.
The Conference substitute specifies that the Director may not
fund a demonstration project for more than three years.
TITLE IV--INCIDENT COMMAND SYSTEM
Section 401. Definitions
There is no comparable House provision.
Section 1002 of the Senate bill includes several
definitions relevant to credentialing and typing.
The Conference substitute adopts the Senate provision
with minor modifications.
Section 402. National exercise program design
Section 301 of the House bill strengthens the design of
the national exercise program to require the program to enhance
the use and understanding of the Incident Command System (ICS).
There is no comparable Senate provision.
The Conference substitute adopts the House provision.
Section 403. National exercise program model exercises
Section 302 of the House bill strengthens the national
exercise program to enhance the use and understanding of ICS by
requiring that the national exercise program include model
exercises for use by State, local and tribal governments.
There is no comparable Senate provision.
The Conference substitute adopts the House provision with
minor modifications.
Section 404. Preidentifying and evaluating multijurisdictional
facilities to strengthen incident command; private sector
preparedness
Section 1001 of the Senate bill and section 303 of the
House bill both contain language making it a responsibility of
the Federal Emergency Management Agency (FEMA) regional
directors to work with State and local governments to pre-
identify sites where multi-jurisdictional incident command can
be established. Additionally, section 1001 of the Senate bill
creates a responsibility for FEMA regional directors to
coordinate with the private sector to ensure private sector
preparedness.
The Conference substitute adopts these provisions.
Section 405. Federal response capability inventory
There is no comparable House provision.
Section 1002 of the Senate bill establishes a database of
all Federal personnel and resources credentialed and typed that
are likely needed to respond to a natural disaster, act of
terrorism, or other man-made disaster.
The Conference substitute adopts the Senate provision
with modifications integrating it into the Federal Response
Capability Inventory established by the Post-Katrina Emergency
Management Reform Act of 2006.
Section 406. Reporting requirements
There is no comparable House provision.
Section 1002 of the Senate bill requires an annual report
to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives detailing the number and
qualifications of Federal personnel trained and ready to
respond to a natural disaster, act of terrorism or other man-
made disaster. This section also requires the Administrator to
evaluate whether the list of credentialed FEMA personnel
complies with the strategic human capital plan established by
the Post-Katrina Emergency Management Reform Act of 2006.
The Conference substitute adopts the Senate provision
with modifications which integrate the provisions into the
reporting requirements of the Post-Katrina Emergency Management
Reform Act of 2006.
Section 407. Federal preparedness
There is no comparable House provision.
A critical component of any incident command system is
the use of common terminology for disaster response resources
to ensure the correct resources are deployed to and used in an
incident. Credentialing and typing involves using a common
naming system to classify the capabilities or attributes of
personnel and equipment, and is a fundamental part of the ICS.
In order to fully implement ICS, section 1002 of the Senate
bill requires DHS to establish standards for credentialing and
typing personnel and other assets likely to be used to respond
to disasters.
The Conference substitute adopts the Senate provision
with modifications, amending the Post-Katrina Emergency
Management Act to clarify that the typing and credentialing
provisions will be used to enhance our national preparedness
system. The Conference agrees that the typing and credentialing
provisions are an essential part of enhancing our national
preparedness system and that once completed, such data must be
regularly updated so that an inventory of available resources
is available to the Administrator of FEMA to aid in preparing
for and responding to disasters.
Section 408. Credentialing and typing
There is no comparable House provision.
Section 1002 of the Senate bill requires DHS to establish
standards for credentialing and typing personnel and other
assets likely to be used to respond to disasters. Once the
standards have been developed, the language requires DHS and
other Federal agencies with responsibilities under the National
Response Plan to type, credential, and inventory personnel and
resources likely to be used in disaster response, to allow FEMA
to be able to effectively coordinate the deployment and use of
Federal resources in disaster response. The Senate bill also
directs FEMA to distribute standards to Federal agencies with
responsibilities under the National Response Plan, and State
and local governments.
The Conference substitute adopts the Senate provisions
with some modifications, requiring Federal agencies to
credential and type incident management personnel, emergency
response providers, and other personnel (including temporary
personnel) and resources likely needed to respond to a
disaster. The Conference substitute also requires the
Administrator of FEMA to distribute standards and detailed
written guidance to Federal, State, local, and tribal
governments that may be used by such governments to credential
and type incident management personnel, emergency response
providers, and other personnel (including temporary personnel)
and other resources likely needed to respond to disasters.
Section 409. Model standards and guidelines for critical infrastructure
workers
There is no comparable House provision.
Section 1002 of the Senate bill requires FEMA, working
with Federal, State, local, and tribal governments, and the
private-sector to establish model standards and guidelines for
credentialing critical infrastructure workers that may be used
by a State to credential critical infrastructure workers that
may respond to disasters.
The Conference substitute adopts the Senate language with
minor modifications. The Conference notes that responsibility
and authority for access of critical infrastructure workers to
disaster sites generally resides with State and local
governments, except in limited circumstances, and that this
section does not alter those responsibilities and authorities.
Section 410. Authorization of appropriations
There is no comparable House provision.
Section 1002 of the Senate bill authorizes the
appropriation of such sums as necessary to carry out the
section.
The Conference substitute adopts the Senate language with
minor modifications.
TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE
FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
Section 501. Homeland security information sharing
Section 723 of the House bill includes several provisions
to improve homeland security information sharing. Among other
things, it directs the Secretary of Homeland Security (the
Secretary), acting through the Under Secretary for Intelligence
and Analysis, to establish a comprehensive information
technology network architecture for the Department of Homeland
Security's (the Department or DHS) Office of Intelligence and
Analysis; requires the Secretary to submit an implementation
plan and progress report to Congress in order to monitor the
development of that architecture; and encourages its developers
to adopt the functions, methods, policies, and network
qualities recommended by the Markle Foundation.
There is no comparable Senate provision.
The Conference substitute adopts the House provision,
with modifications. It deletes the reference to an
implementation plan for the comprehensive information
technology network architecture and instead includes new text
to reflect the purpose of that architecture: to connect the
various databases and related information technology assets of
the Office of Intelligence and Analysis and the intelligence
components of the Department in order to promote internal
information sharing within the Department. The Conference
substitute likewise deletes references to the Markle
Foundation. The Conference nevertheless concurs that the
architecture in question should, to the extent possible,
incorporate the approaches, features, and functions of the
information sharing network proposed by the Markle Foundation
in reports issued in October 2002 and December 2003, known as
the System-wide Homeland Security Analysis and Resource
Exchange (SHARE) Network.
The Conference substitute also directs the Secretary to
designate ``Information Sharing and Knowledge Management
Officers'' within each intelligence component to coordinate
information sharing efforts and assist the Secretary with the
development of feedback mechanisms to State, local, tribal, and
private sector entities. The Conference concurs that the
Department's outreach to State, local, and tribal intelligence
and law enforcement officials has been haphazard and often
accompanied by less than timely results. While it can point to
many successful examples of coordination and collaboration with
State, local, tribal, and private sector officials, the Office
of Intelligence and Analysis must increase its involvement with
them and appropriately incorporate their non-Federal
information into the Department's intelligence products. In
addition, it is essential that the Department provide feedback
to these non-Federal partners--both to encourage their
contributions going forward and to provide helpful guidance for
future contributions. The information sharing and knowledge
management officers under this section should play a key role
in helping to address these gaps.
Section 502. Intelligence component defined
Section 723 of the House bill defines ``intelligence
component of the Department'' as ``any directorate, agency, or
element of the Department that gathers, receives, analyzes,
produces, or disseminates homeland security information''
except: (1) ``a directorate, agency, or element of the
Department that is required to be maintained as a distinct
entity'' under the Homeland Security Act of 2002 (6 U.S.C.
101); and (2) ``any personnel security, physical security,
document security, or communications security program within
any directorate, agency, or element of the Department.''
Although Section 111 of the Senate bill includes a
similar definition for ``intelligence component of the
Department,'' it does not include either of the two exceptions
enumerated by the House provision.
The Conference substitute adopts the House provision,
with modifications. In order to capture all of the intelligence
information being gathered, received, analyzed, produced, or
disseminated that might qualify an element or entity of the
Department as an ``intelligence component,'' the Conference has
chosen to refer to that universe of information as
``intelligence information within the scope of the information
sharing environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, or national intelligence * * *'' This phrase
appears numerous times throughout the Conference substitute.
The Conference is aware that the Conference substitute
defines ``terrorism information'' to include ``weapons of mass
destruction information'' in section 504 of the Conference
substitute. The Conference, nevertheless, has included both
terms when describing ``intelligence information within the
scope of the information sharing environment'' for illustrative
purposes. This phrase should not be interpreted to give the
term ``weapons of mass destruction information'' any meaning
other than the definition for it provided in section 504 of the
Conference substitute.
The Conference substitute establishes the position of
Under Secretary for Intelligence and Analysis to replace the
Assistant Secretary for Information Analysis, commonly known as
the Department's Chief Intelligence Officer. The Under
Secretary shall also serve as the Department's Chief
Intelligence Officer. Through the Secretary, the Under
Secretary shall be given new responsibilities, in addition to
those of the Assistant Secretary for Information Analysis, in
order to drive a common intelligence mission at the Department
that involves the full participation of the Department's
intelligence components.
The Conference substitute carves out the United States
Secret Service from the definition of ``intelligence component
of the Department'' entirely. Subsection (b) nevertheless would
require that the Secret Service share all homeland security
information, terrorism information, weapons of mass destruction
information, national intelligence, or suspect information
obtained in criminal investigations with the Under Secretary
for Intelligence and Analysis. In addition, the United States
Secret Service will cooperate with the Under Secretary
concerning information sharing and information technology
activities outlined in sections 204 and 205 of the Homeland
Security Act of 2002. The Conference also expects that the
Secret Service will provide training and guidance to its
employees, officials, and senior executives in a manner that is
comparable to the training provided to intelligence component
personnel under section 208 of the Homeland Security Act of
2002.
The Conference intends that the United States Secret
Service should participate to the fullest extent in the
integration and management of the intelligence enterprise of
the Department. Given unique operational equities of the United
States Secret Service, however, the Conference does not believe
that it is appropriate to specifically identify the United
States Secret Service as an ``intelligence component'' of the
Department. The provision also clarifies that nothing in this
Act interferes with the position of the United States Secret
Service as a ``distinct entity'' within the Department.
Subsection (b) carves out the Coast Guard from the
definition of ``intelligence component of the Department'' when
it is engaged in certain activities or acting under or pursuant
to particular authorities. The Conference concurs that nothing
in this section shall provide the Under Secretary for
Intelligence and Analysis with operational or other tasking
authority over the Coast Guard. The Conference nevertheless
believes that the Coast Guard should collaborate and
participate in the intelligence enterprise of the Department of
Homeland Security.
Section 503. Role of intelligence components, training, and information
sharing
Section 742 of the House bill delineates several key
responsibilities for the head of each intelligence component of
the Department regarding support for, and coordination and
cooperation with, the Under Secretary for Intelligence and
Analysis in the areas of acquisition, analysis, and
dissemination of homeland security information; performance
appraisals, bonus or award recommendations, pay adjustments,
and other forms of commendation; recruitment and selection of
intelligence officials of intelligence components detailed to
the Office of Intelligence and Analysis; reorganization and
restructuring of intelligence components; and program and
policy compliance.
Section 114 of the Senate bill, in turn, establishes
information sharing incentives for employees and officers
across the Federal Government by providing the President and
agency heads with the discretion to consider, when making cash
awards for outstanding performance, an employee's or officer's
success in sharing information within the scope of the
information sharing environment (ISE) described in Section 1016
of the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 485). It also requires agency and department heads to
adopt best practices to educate and motivate employees and
officers to participate fully in that environment--through,
among other things, promotions, other nonmonetary awards, and
recognition for a job well done.
The Conference substitute combines the House and Senate
provisions, with modifications.
The Conference concurs that creating these additional
responsibilities for the heads of the intelligence components
will institute a clearer relationship between the Under
Secretary for Intelligence and Analysis and the intelligence
components of the Department. Successful implementation of this
section should result in a strengthened departmental
intelligence capability allowing information and intelligence
to be seamlessly fused into intelligence products that are
truly National. It would integrate information obtained at
America's land and maritime borders; from State and local
governments; and including intelligence on ports, mass transit
facilities, chemical plants, and other critical infrastructure.
While the Department has taken many solid steps in this
direction since the completion of the Second Stage Review in
July 2005, the Conference believes that the Secretary must
redouble efforts to better integrate the intelligence
components of the Department internally.
The Conference notes that one of the greatest challenges
to establishing the ISE is conveying its importance to
employees and officers across the Federal Government who are
being asked to do something new and--in many cases--foreign to
them. Incentives will motivate many such employees and officers
to educate themselves about the guidelines, instructions,
policies, procedures, and standards that are applicable to the
ISE and how their particular agency or department is
incorporating them into its culture. The Conference observes,
however, that nothing in this section should be construed to
prohibit an agency or department head, in consultation with the
program manager of the ISE under section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485) (``ISE Program Manager''), from prescribing
appropriate penalties for failing to participate fully in the
ISE.
Section 504. Information sharing
There is no comparable House provision.
Section 112 of the Senate bill amends section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 by
broadening the definition of ``terrorism information'' to
include both homeland security information and weapons of mass
destruction information and by defining ``weapons of mass
destruction information.'' Senate Section 112 likewise
eliminates the temporary terms of both the ISE Program Manager
and the Information Sharing Council, set to expire in April
2007, and makes them permanent. Additionally, it enhances the
ISE Program Manager's government-wide authority not only by
clarifying the Program Manager's existing authority over the
information sharing activities of Federal agencies but also by
establishing new authorities to (1) issue government-wide
information sharing standards; (2) identify and resolve
information sharing disputes; and (3) identify to the Director
of National Intelligence appropriate personnel from agencies
represented on the Information Sharing Council for detail
assignments to the Program Manager to support staffing needs.
Senate Section 112 also authorizes up to 40 FTEs and
$30,000,000 in each of the next two fiscal years to support the
Program Manager. Finally, it requires the government to report
on the feasibility of eliminating Originator Control markings,
adopting an authorized use standard for information sharing,
and using anonymized data to promote information sharing.
The Conference substitute adopts the Senate provision,
with modifications. Among other things, it excludes ``homeland
security information'', as defined in Section 892(f) of the
Homeland Security Act of 2002, from the definition of
``terrorism information''. The specialized missions of the
Department create for it a unique role within the larger
Intelligence Community that requires, among other things,
specific information for preventing, interdicting, and
disrupting terrorist activity and securing the homeland in the
aftermath of a terrorist attack. Accordingly, the Conferees
concur that ``homeland security information'' is sufficiently
distinct from the more broadly defined ``terrorism
information'' to merit keeping the definitions separate.
Section 511. Department of Homeland Security State, Local, and Regional
Fusion Center Initiative
Section 732 of the House bill directs the Secretary to
establish a DHS State, Local, and Regional Fusion Center
Initiative to coordinate the Department's intelligence efforts
with State, local, and regional fusion centers; assist fusion
centers with carrying out their homeland security duties;
facilitate information sharing efforts between fusion centers
and the Department; encourage nationwide and integrated
information sharing among fusion centers themselves; and
incorporate robust privacy and civil liberties safeguards and
training into fusion center operations.
Section 121 of the Senate bill contains comparable
language.
The Conference concurs that the DHS State, Local, and
Regional Fusion Center Initiative is key to Federal information
sharing efforts and must succeed in order for the Department to
remain relevant in the blossoming State and local intelligence
community. State, local, and regional fusion centers are being
successfully established across the country by State and local
law enforcement and intelligence agencies. The Conference
agrees that the Department's Office of Intelligence and
Analysis, which has a primary responsibility for sharing
information with State, local, and regional officials, needs to
play a stronger, more constructive role in assisting these
centers and are pleased to see that the Department has begun
doing so. However, the Department must act quickly, thoroughly,
and cooperatively in order to provide the maximum amount of
support for these centers.
The Conference applauds the State, local, and regional
efforts to make fusion centers a reality and the dedication of
those who staff those centers. The Conference notes, however,
that although fusion centers are led, operated, and otherwise
run by States and localities, there is a need for a common
baseline of operations at fusion centers in order to attain not
only their full potential but also the full potential of the
various initiatives undertaken in the Conference agreement. The
Conference expects that the grant process established in the
Conference substitute, the qualifying criteria for fusion
centers wishing to participate in the DHS State, Local, and
Regional Fusion Center Initiative, and the guidelines for
fusion centers included in the Conference substitute will all
help create a common baseline of operations for fusion centers
that will ensure their success into the future.
The Conference substitute adopts Section 121 of the
Senate bill, with modifications, to reflect the key
functionalities and priorities of the Border Intelligence
Fusion Center Program established in Section 712 of the House
bill. That Program was designed to provide the Department with
a more robust ``border intelligence'' capability--a capability
essential to improving the Department's ability to interdict
terrorists, weapons of mass destruction, and related contraband
at America's land and maritime borders. The Conference concurs
that the Department can make better use of its resources, and
obtain better situational awareness of terrorist threats at or
involving those borders, by partnering more effectively with
State, local, and tribal law enforcement officers in relevant
jurisdictions. With better information sharing, those officers
can act as ``force multipliers'' that may very well help
prevent the next terrorist attack from abroad.
The Conference believes that by deploying officers and
intelligence analysts from United States Customs and Border
Protection (CBP), United States Immigration and Customs
Enforcement (ICE), and the Coast Guard to fusion centers
participating in the Program, the Department can increase its
capacity to create accurate, actionable, and timely border
intelligence products aimed at this threat. In order to
maximize their effectiveness, CBP, ICE, and Coast Guard
officers and analysts creating border intelligence products
should not only include the input of police and sheriffs'
officers as part of their process, but also should ensure that
those products actually respond to the needs of officers in the
field as expressed by those officers. The Conference
accordingly believes that the Department personnel assigned to
fusion centers under this section should communicate with
State, local, and tribal law enforcement officers not only at
fusion centers but also in their actual communities where they
are headquartered.
While the Conference believes that the Department's
effort at State, local, and regional fusion centers is a
critical one that should be encouraged, they note that it is
not the only such effort. The Federal Bureau of Investigation
(FBI), for example, has had long-standing relationships with
State, local, and tribal law enforcement and other emergency
response providers through Joint Terrorism Task Forces (JTTFs)
across the country and has established Field Intelligence
Groups (FIGs) that are, in many cases, colocated with the
fusion centers. Those relationships have continued through the
JTTFs, FIGs, and an established and growing FBI presence at
many fusion centers. Nothing in this section should be
construed to subordinate the role of the FBI to the
Department's own efforts with the JTTFs and at fusion centers.
On the contrary, it is the Conferees hope that the Department,
the FBI, and other Federal agencies will coordinate as equal
players at State, local, and regional fusion centers in order
to form a united Federal partnership with their State and local
counterparts on the front lines of the nation's homeland
security efforts.
Further, the Conference recognizes that the Coast Guard
is establishing Interagency Operations Command Centers (IOCCs)
pursuant to the SAFE Port Act and authorized under Section
70107A of title 46, United States Code. IOCCs are being
developed as model Federal centers to improve interagency
cooperation, unity of command, and the sharing of intelligence
information in a common mission to provide greater protection
for port and intermodal transportation systems against acts of
terrorism in the maritime domain. Nothing in this section
should be construed to subordinate the role of the Coast
Guard's efforts with the IOCCs.
Finally, the Conference recognizes, consistent with the
Fusion Center Guidelines produced jointly by the Department of
Justice and DHS, the important role of the public safety
component in the fusion process. Emergency response providers
are able to provide valuable information to the overall
intelligence picture; likewise, the fusion process may provide
advance information that enables essential preparation measures
to enable a more effective response. Therefore, while the
Conference stresses that State and local governments must
ultimately determine the mission, composition, operating
procedures, and communication channels of fusion centers and
the fusion process, they emphasize the inherent value in
including emergency response providers within the governance
structure making these determinations. Nothing in this section
is intended to mandate that representatives of the emergency
response provider community should be physically located in all
fusion centers or that their mission should shift emphasis from
the missions of the intelligence and law enforcement
communities. Rather, the Conference intends that fusion center
governing boards and the fusion process should be structured so
as to enable the consideration of nontraditional information
from emergency response providers in a collaborative
environment.
Section 512. Homeland Security Information Sharing Fellows Program
Section 733 of the House bill directs the Secretary,
through the Under Secretary for Intelligence and Analysis, to
establish a fellowship program for State, local, and tribal
officials to rotate into the Office of Intelligence and
Analysis in order to identify for Department intelligence
analysts the kinds of homeland security information that are of
interest to State, local, and tribal law enforcement and other
emergency response providers; assist Department intelligence
analysts in writing intelligence reports in a shareable format
that provides end users with accurate, actionable, and timely
information without disclosing sensitive sources and methods;
serve as a point of contact for State, local, and tribal law
enforcement officers and other emergency response providers in
the field who want to share information with the Department;
and assist in the dissemination of homeland security
information to appropriate end users.
Section 122 of the Senate bill contains nearly identical
language.
The Conference substitute adopts the Senate's provision,
as modified. The Conference concurs that implementation of this
section will help break down the cultural barriers to
information sharing by teaming State, local, and tribal
homeland security and law enforcement officers with the
Department intelligence analysts tasked with creating
intelligence products for them. The Conference notes that this
section will complement the DHS State, Local, and Regional
Fusion Center Initiative by providing State, local, and tribal
officials with better insight and input into the Department's
information sharing operations and allowing them to play a
greater role in the Department's information sharing effort.
Section 513. Rural Policing Institute
There is no comparable House provision.
Section 123 of the Senate bill creates a ``Rural Policing
Institute'' that is to be administered by the Federal Law
Enforcement Training Center. The Institute would provide
training for local and tribal law enforcement officers located
in rural areas--defined as those areas not located within
metropolitan statistical areas, as defined by the Office of
Management and Budget--and would be tailored to law enforcement
requirements that are unique to those areas. Section 123 would
require the inclusion of several law enforcement topics in the
curriculum, including methamphetamine addiction and
distribution, domestic violence, and law enforcement response
to school shootings. It likewise requires an assessment of
these and other requirements and the development of a
curriculum to address those requirements. Section 123
authorizes $10 million for Fiscal Year 2008 for the
administration of the program and $5 million for each of Fiscal
Years 2009 through 2013.
The Conference substitute adopts the Senate provision,
with modifications. It broadens the Institute's focus to
encompass not only law enforcement agencies but also other
emergency response providers located in rural areas. Moreover,
it deletes the references to training related to specific
criminal offenses, and replaces them with training programs
with a greater focus on homeland security in the areas of
intelligence-led policing and protections for privacy, civil
right, and civil liberties.
Section 521. Interagency Threat Assessment and Coordination Group
There is no comparable House provision.
Section 131 of the Senate bill directs the Information
Sharing Environment (ISE) Program Manager to oversee and
coordinate the creation of an Interagency Threat Assessment and
Coordination Group (ITACG) that has as its primary mission the
production of Federally coordinated products derived from
information within the scope of the ISE for distribution to
State, local, and tribal government officials and the private
sector. Section 131 of the Senate bill locates the ITACG at the
National Counterterrorism Center (NCTC) and directs the
Secretary to assign a senior level officer to manage and direct
the administration of the ITACG; to determine how specific
products should be distributed to end users; and to establish
standards for the admission of law enforcement and intelligence
officials from State, local, or tribal governments into the
ITACG. Section 131 of the Senate bill further prescribes the
membership of the ITACG--including State, local, and tribal law
enforcement and intelligence officials--and directs the ISE
Program Manager to establish criteria for the selection of
those officials and for the proper handling and safeguarding of
information related to terrorism.
The Conference substitute adopts the Senate provision,
with modifications. The Conference notes that the ITACG has
roots in, among other places, the ISE Implementation Plan (the
Plan) prepared by the ISE Program Manager in November 2006 to
ensure the timely and effective production, integration,
vetting, sanitization, and communication of terrorism
information to the Federal Government's State, local, and
tribal partners. The Plan explained that a ``primary purpose of
the ITACG will be to ensure that classified and unclassified
intelligence produced by Federal organizations within the
intelligence, law enforcement, and homeland security
communities is fused, validated, deconflicted, and approved for
dissemination in a concise and, where possible, unclassified
format'' to State, local, and tribal officials. The ISE Program
Manager envisioned having the ITACG based at the NCTC and
managed on a day-to-day basis by a senior Department official.
The ISE Program Manager likewise envisioned that the Department
and the Department of Justice would share the decision-making
authority regarding how to disseminate various types of
information to State, local, and tribal officials and the
private sector.
The Conference substitute bifurcates the ITACG into two
distinct entities. The first entity, an ITACG Advisory Council
chaired by the Secretary or the Secretary's designee, shall set
policy and develop processes for the integration, analysis, and
dissemination of Federally-coordinated information within the
scope of the ISE, including homeland security information,
terrorism information, and weapons of mass destruction
information. The second entity, an ITACG Detail created by the
Secretary and managed by a senior Department intelligence
official, shall be comprised of State, local, and tribal
homeland security and law enforcement officers detailed to work
in the NCTC with NCTC and other Federal intelligence analysts.
Participants in the ITACG Detail shall integrate, analyze, and
assist the dissemination of the aforementioned information to
appropriate State, local, tribal, and private sector end users.
The Conference strongly believes that the ITACG presents
the Department with a unique opportunity to realize its mission
as the primary source of accurate, actionable, and timely
homeland security information for its State, local, tribal and
private sector partners that Congress had originally envisioned
in the Homeland Security Act of 2002 (6 U.S.C. 101). The
Department should seize the moment. The ITACG will provide the
Department and the wider Intelligence Community with an
unmatched ability to identify information that is of interest
and utility to those partners; produce reports which can be
disseminated to them in an unclassified format or at the lowest
possible classification level; and assist in the targeted
dissemination of particular intelligence products to
appropriate end users. By building upon the Department's
customer service approach to information sharing, Department
leadership of the ITACG will help the Department and other
Federal agencies co-located at the NCTC to leverage their
existing ties with their State, local, tribal, and private
sector counterparts and ultimately invigorate the two-way flow
of information with them that the 9/11 Commission identified as
critical to making the homeland more secure.
While the Secretary will play the primary role in
establishing and maintaining the ITACG Detail and shall detail
a senior intelligence official from the Department to manage
its day-to-day activities, the Department is reminded that it
is a guest in the NCTC. As direct reports to the Director of
the NCTC, the senior intelligence official from the Department
and the ITACG detailees themselves must comply with all
policies, procedures, and rules applicable to other staff
working in the NCTC--including any mandatory polygraph
examination for NCTC staff. Neither the ITACG Advisory Council
nor the ITACG Detail are in any way intended to impede,
replicate, or supplant the analytic and/or production efforts
of the NCTC, nor are they intended to duplicate, impede, or
otherwise interfere with existing and established
counterterrorism roles and responsibilities.
With regard to the preparation, review, and dissemination
of products from the ITACG Detail, it is the Conference's
intent that those products be subject to the same policies,
procedures, and rules applicable to NCTC products. Pursuant to
102A(f)(1)(B)(iii) and 119(f)(E) of the National Security Act
of 1947 (50 U.S.C. 402 et seq.), it is the Conference's further
intent that the Director should act as a gatekeeper when
providing products prepared by the ITACG Detail to the
Department, the Department of Justice, and other appropriate
agencies for dissemination to State, local, tribal, and private
sector end users. Nothing in this section should be construed
to mean that the Director may distribute products prepared by
the ITACG Detail directly to those end users.
Finally, the Conference agrees that the privacy and civil
liberties impact assessment required under this section shall
specifically address how the ITACG will incorporate the
Guidelines to Implement Information Privacy Rights and other
Legal Protections in the Development and Use of the Information
Sharing Environment released by the President on November 22,
2006 (Presidential Guidelines) to protect privacy rights and
civil liberties.
Section 531. Office of Intelligence and Analysis and Office of
Infrastructure Protection
The Homeland Security Act of 2002 (6 U.S.C. 101) created
an Under Secretary for Information Analysis, assisted by an
Assistant Secretary for Information and Analysis and an
Assistant Secretary for Infrastructure Protection, and
specified the Under Secretary's primary responsibilities. These
include: (1) receiving and analyzing law enforcement
information, intelligence, and other lawfully obtained
information in order to understand the nature and scope of the
terrorist threat to the United States homeland; (2) integrating
relevant information to produce and disseminate infrastructure
vulnerabilities assessments; (3) analyzing that information to
identify and prioritize the types of protective measures to be
taken; (4) making recommendations for information sharing and
developing a national plan that would outline recommendations
to improve the security of key resources; (5) administering the
Homeland Security Advisory System; (6) exercising primary
responsibility for public threat advisory and providing
specific warning information to State and local governments and
the private sector, as well as advice about appropriate
protective actions and countermeasures; (7) making
recommendations for improvements in the policies and procedures
governing the sharing of law enforcement, intelligence, and
other information relating to homeland security within the
Federal government and between the Federal government and State
and local governments.
Following the completion of the Department's Second Stage
Review in July of 2005, the Secretary renamed the Office of
Information Analysis the ``Office of Intelligence and
Analysis'' and gave it responsibilities in addition to those
outlined in the Homeland Security Act. In addition to its
statutory duties, one of the major responsibilities for the new
Office of Intelligence and Analysis is to serve as the Chief
Intelligence Officer of the Department--taking responsibility
for leading the intelligence components of the Department.
Sections 741 and 743 of the House bill reflect these
changes by statutorily reorganizing the Directorate for
Information Analysis and Infrastructure Protection by doing
away with the Directorate and the Under Secretary for
Information Analysis and Infrastructure Protection position and
officially establishing in its place a separate Office of
Intelligence and Analysis, elevating the Assistant Secretary
for Information and Analysis to an Under Secretary for
Intelligence and Analysis as its head; and a separate Office of
Infrastructure Protection, headed by the Assistant Secretary
for Infrastructure Protection. Sections 741 and 743 of the
House bill likewise divide the responsibilities of the former
Under Secretary for Information Analysis and Infrastructure
Protection outlined in Section 201(d) of the Homeland Security
Act between the new Under Secretary for Intelligence and
Analysis and new Assistant Secretary for Infrastructure
Protection. Section 741 in the House bill also adds several new
responsibilities for the Under Secretary for Intelligence and
Analysis.
There is no comparable Senate provision.
The Conference substitute adopts the House provisions,
with substantial modifications. While the Conference agrees
with the Department's consolidation of the duties of the Office
of Intelligence and Analysis, they also believe that the powers
of the Department's Chief Intelligence Officer can only be
effectively wielded by an Under Secretary. Therefore, this
section amends the Homeland Security Act of 2002 (6 U.S.C. 101)
to restructure the Department to reflect the changes wrought by
the Second Stage Review by elevating the Assistant Secretary
for Information Analysis to Under Secretary for Intelligence
and Analysis and by officially establishing an Office of
Intelligence and Analysis and an Office of Infrastructure
Protection.
The Conference substitute retains those authorities from
Section 201(d) of the Homeland Security Act in the Secretary
for delegation to the appropriate officials. Those authorities
include a new authority in the Conference agreement, to be
carried out most likely by the Under Secretary for Intelligence
and Analysis: the provision of guidance to the heads of
intelligence components on developing budgets, and the
presentation of recommendations for a consolidated intelligence
budget to the Secretary.
Finally, the Conference substitute establishes an
additional Under Secretary responsible for overseeing critical
infrastructure protection, cybersecurity, and other related
programs of the Department.
TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE
Section 601. Availability to public of certain intelligence funding
information
There is no comparable House provision.
Section 1201 of the Senate bill requires the President to
disclose to the public the aggregate amount of funds requested
for the National Intelligence Program for each fiscal year. It
also would require Congress to disclose to the public the
aggregate amount authorized to be appropriated and the
aggregate amount appropriated for the National Intelligence
Program. The 9/11 Commission recommended in 2004 that the
aggregate amount of funding for national intelligence be
declassified, and in 2004 the Senate-passed version of the
Intelligence Reform and Terrorism Prevention Act included a
similar provision.
The Conference substitute adopts the Senate provision
with modifications. The Conference substitute requires the
Director of National Intelligence to disclose to the public the
aggregate amount of funds appropriated by Congress for the
National Intelligence Program, beginning with Fiscal Year 2007.
Beginning with Fiscal Year 2009, it allows the President to
waive or postpone this disclosure by submitting to the Select
Committee on Intelligence of the Senate and Permanent Select
Committee of the House of Representatives an unclassified
statement that the disclosure would damage national security,
and a statement detailing the reasons for the waiver or
postponement, which may be submitted in classified form.
Section 602. Public Interest Declassification Board
There is no comparable House provision.
Section 1203 of the Senate bill authorizes the Public
Interest Declassification Board, upon receiving a Congressional
request, to conduct a review and make recommendations
regardless of whether the review is requested by the President.
It further provides that any recommendations submitted by the
Board to the President shall also be submitted to the Chairman
and Ranking Minority Member of the requesting Committee and
extends the authorization of the Board for four years until the
end of 2012.
As described in its report on activities in the 109th
Congress (S. Rep. No. 110-57, at p. 26), in September 2006, the
Senate Select Committee on Intelligence released two reports on
prewar intelligence regarding Iraq. In the introduction to one,
the Committee expressed disagreement with the Intelligence
Community's decision to classify portions of the report.
Members of the Committee wrote to the then recently constituted
Public Interest Declassification Board to request that it
review the material and make recommendations about its
classification. The Board responded that it might not be able
to do so without White House authorization. In December 2006,
the Board wrote to Congress to request that the statute
establishing the Board be clarified to enable it to begin,
without White House approval, a declassification review
requested by Congress.
The Conference substitute adopts the Senate provision
with minor technical and conforming changes to the Public
Interest Declassification Act of 2000 (50 U.S.C. 435 note) to
substitute the ``Director of National Intelligence'' for the
``Director of Central Intelligence.''
Section 603. Sense of the Senate regarding a report on the 9/11
Commission recommendations with respect to intelligence reform
and congressional intelligence oversight reform
There is no comparable House provision.
Section 1204 of the Senate bill makes findings related to
the 9/11 Commission's recommendation on Congressional oversight
of intelligence. It expresses the Sense of the Senate that the
Committee on Homeland Security and Governmental Affairs and the
Select Committee on Intelligence of the Senate should undertake
a review of the recommendations made in the final report of the
9/11 Commission with respect to intelligence reform and
Congressional intelligence oversight reform, review and
consider other suggestions, options, or recommendations for
improving intelligence oversight, and not later than December
21, 2007, submit to the Senate a joint report or individual
reports that include the recommendations of the Committees, if
any, for carrying out such reforms.
The Conference substitute adopts the Senate provision.
Section 604. Availability of funds for the Public Interest
Declassification Board
There is no comparable House provision.
Section 1205 of the Senate bill allows the National
Archives and Records Administration to obligate monies to carry
out the activities of the Public Interest Declassification
Board from the Continuing Appropriations Resolution of 2007, as
amended.
The Conference substitute adopts the Senate provision.
Section 605. Availability of the executive summary of the Report on
Central Intelligence Agency Accountability Regarding the
Terrorist Attacks of September 11, 2001
There is no comparable House provision.
Section 1206 of the Senate bill provides that not later
than 30 days after the enactment of this Act, the CIA Director
shall prepare and make available to the public a version of the
Executive Summary of a report by the CIA Inspector General that
is declassified to the maximum extent possible consistent with
national security.
The underlying document is the Office of Inspector
General Report on Central Intelligence Agency Accountability
Regarding Findings and Conclusions of the Joint Inquiry Into
Intelligence Community Activities Before and After September
11, 2001.
The CIA Director is to submit to Congress a classified
annex that explains why any redacted material in the Executive
Summary was withheld from the public. The Senate Select
Committee on Intelligence includes a similar provision in its
Intelligence Authorization Act for Fiscal Year 2008. The
Committee's efforts to obtain this measure of public
accountability are detailed in its report on the Committee's
activities in the 109th Congress, S. Rep. No. 110-57, at pp.
24-26 (2007).
The Conference substitute adopts the Senate provision.
TITLE VII--TERRORIST TRAVEL
Section 701. Report on international collaboration to increase border
security, enhance global document security, and exchange
terrorist information
Section 611 of the House bill requires the Department of
Homeland Security (the Department or DHS), in conjunction with
the Director of National Intelligence and the heads of other
relevant Federal agencies, to submit a report to Congress
outlining the actions the U.S. government has taken to
collaborate with international partners to increase border
security, enhance document security, and exchange information
about terrorists.
There is no comparable Senate provision.
The Conference substitute adopts the House provision.
Section 711. Modernization of the Visa Waiver Program
There is no comparable House provision.
Section 501 of the Senate bill enhances the security
requirements in the Visa Waiver Program and provides for the
program's limited expansion. This section authorizes the
development and implementation of an electronic travel
authorization system under which each Visa Waiver Program
traveler would electronically provide information, in advance
of travel, necessary to determine whether the individual is
eligible to travel to the United States. The Section also
requires the Secretary of Homeland Security (the Secretary) to
establish an exit system that records the departure of every
alien who entered under the Visa Waiver Program and departed
the United States by air. In addition to existing program
requirements, all Visa Waiver Program countries are required to
enter into agreements with the United States to report
information about the theft or loss of passports, accept
repatriation of its citizens, and share information about
whether a national of that country traveling to the United
States represents a threat to U.S. security.
Section 501 permits the Secretary of Homeland Security,
in consultation with the Secretary of State, to waive the
existing 3 percent nonimmigrant visa refusal rate requirement,
up to 10 percent, for admission into the Visa Waiver Program.
Alternatively, the Secretary can waive the existing 3 percent
nonimmigrant visa refusal rate if a country's nationals do not
exceed a rate, set by the Secretary, of overstaying their
authorized admission in the United States. This waiver
authority is only granted to countries meeting additional
security criteria, including cooperating in counterterrorism
initiatives, and only when the Secretary determines that
security or law enforcement interests of the United States will
not be compromised. Before exercising a waiver, the Secretary
must also certify to Congress that an air exit system is in
place that can verify the departure of not less than 97 percent
of foreign nationals who exit by air.
The Conference adopts the Senate provision, with
modifications.
The Conference recognizes that the Visa Waiver Program,
which Congress established in 1986, has benefitted commerce and
tourism between the United States and participating Visa Waiver
Program countries. The Conference believes that a modernization
of the program is long overdue and that a careful and
controlled expansion to countries who have not quite met
existing program entrance requirements but who have been
partners with the U.S. in fighting terrorism is appropriate in
order to promote greater international security cooperation. In
the wake of the terrorist attacks of September 11, 2001 and
subsequent foiled terror plots, the imperative for reform is
greater than ever.
The Conference agrees on the need for significant
security enhancements to the entire Visa Waiver Program as set
forth in the Senate bill and to the implementation of the
electronic travel authorization system prior to permitting the
Secretary to admit new countries under his new waiver
authority. The Conference mandates that the Secretary develop
such an electronic travel authorization system to collect
biographical and such other information from each prospective
Visa Waiver Program traveler necessary to determine whether the
alien is eligible to travel under the program and whether a law
enforcement or security risk exists in permitting the alien to
travel to the United States. The Conference believes the
Secretary should check the information collected in the
electronic travel authorization system against all appropriate
databases, including lost and stolen passport databases such as
that maintained by Interpol. The Conference believes that
checking travelers from Visa Waiver Program countries against
all appropriate watch lists and databases will greatly enhance
the overall security of the Visa Waiver Program.
In addition, the Conference agrees to permit the
Secretary of Homeland Security, in consultation with the
Secretary of State, to waive the existing 3 percent
nonimmigrant visa refusal rate requirement, up to 10 percent,
and to allow the Secretary to establish an overstay rate in
lieu of the 3 percent nonimmigrant visa refusal rate for
admission into the Visa Waiver Program. The Conference believes
this overstay rate should reflect a reasonable expectation that
the country can continue to participate in the VWP under
existing statutory criteria.
The Conference further agrees to provide the Secretary
this waiver authority upon certification by the Secretary to
Congress that there is an air exit system in place to verify
the departure of not less than 97 percent of foreign nationals
who exit by air, which may or may not be fully biometric. The
Conference also agrees that the ultimate goal is to achieve a
fully biometric air exit system, as described in subsection (I)
of the bill. Therefore, if such a biometric system is not
implemented by June 30, 2009, the Secretary's waiver authority
that was based upon his certification of 97 percent accuracy of
any non-biometric exit system shall be suspended until a
biometric exit system is fully operational. Establishment of
this biometric system will implement a 9/11 Commission
recommendation and will enhance our border security and
immigration enforcement by ensuring our ability to track the
arrivals and departures of foreign nationals.
Section 721. Strengthening the capabilities of the Human Smuggling and
Trafficking Center
Section 601 of the House bill directs the Secretary,
acting through the Assistant Secretary of Homeland Security for
Immigration and Customs Enforcement (ICE), to: provide
administrative support and funding to the Human Smuggling and
Trafficking Center (the Center); ensure the Center is staffed
with not fewer than 30 full-time equivalent personnel; and seek
reimbursement from the Attorney General and the Secretary of
State for costs associated with the participation of their
respective departments in the operation of the Center. The
section also directs the Office of Intelligence and Analysis
(renamed under section 741), in coordination with the Center,
to submit to law enforcement and relevant agencies periodic
reports regarding terrorist threats related to such smuggling,
trafficking, and travel.
Section 502 of the Senate bill is a comparable section
but amends Section 7202 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1777) to direct the
Secretary to nominate a U.S. government official to serve as
the Director of the Human Smuggling and Trafficking Center, in
accordance with the Center's Memorandum of Understanding
entitled ``Human Smuggling and Trafficking Center Charter.''
This section also clarifies the role of the Center as the focal
point for interagency efforts to integrate and disseminate
intelligence and information related to terrorist travel. The
section requires that the Center be staffed with at least 40
full time employees and directs the Secretary to work with
various DHS agencies and other Federal Departments to provide
detailees with appropriate areas of expertise. The section also
authorizes $20 million to allow the Center to carry out its
existing responsibilities, fund the administrative costs and
management of the Center, increase staffing levels and
reimburse other Federal Departments for personnel.
The Conference substitute adopts the Senate provision,
with modifications. The Conference agrees that the Center
should be staffed with intelligence analysts or special agents
with demonstrated experience related to human smuggling,
trafficking in persons, or terrorist travel, in addition to
individuals with other expertise including consular affairs,
counterterrorism, and criminal law enforcement from throughout
the government.
The Conference also agrees that the Secretary and the
heads of other relevant agencies should provide incentives for
service at the Center, particularly for personnel who serve
terms of at least two years. Staff detailed to the Center,
except for those subject to the provisions of the Foreign
Service Act of 1980, shall be considered for promotion at rates
equivalent to or better than similarly situated personnel not
so assigned.
The Conference agrees to adopt section 601(f) from the
House provision, but delete the requirement that the Office of
Intelligence and Analysis submit reports to ``Federal'' law
enforcement agencies and ``other relevant agencies,'' as this
would be a function performed by the Center. The Conference
clarifies that subsection (d) in no way impedes the authority
of the Secretary of State to participate in the selection of
the Director of the Center, a role that is described in the
Center's memorandum of understanding entitled ``Human Smuggling
and Trafficking Center Charter,'' as amended as of October 1,
2006. That Memorandum of Understanding establishes that the
Director will be confirmed by the Department, the Department of
Justice, and the State Department. Finally, the Conferees agree
to fund 40 full-time equivalent staff and to authorize $20
million for the Center for Fiscal Year 2008.
Section 722. Enhancements to the terrorist travel program
There is no comparable House provision.
The Department never created the terrorist travel program
mandated by section 7215 of Public Law 108-458. Section 503 of
the Senate bill requires the Secretary to establish the program
within 90 days of enactment and to report to Congress within
180 days on the implementation of the program. The section
requires that the Assistant Secretary for Policy at the
Department, or another official that reports directly to the
Secretary, be designated as head of the terrorist travel
program and outlines specific duties to be carried out by the
head of the program. Those duties include: developing
strategies and policies for the Department to combat terrorist
travel; reviewing the effectiveness of existing programs to
combat terrorist travel across DHS; making budget
recommendations that will improve DHS's ability to combat
terrorist travel; and ensuring effective coordination among DHS
agencies with missions related to intercepting and apprehending
terrorists. This section also designates the head of the
program as the point of contact for DHS with the National
Counterterrorism Center and requires that the Secretary submit
a report to Congress on the implementation of the section.
The Conference substitute adopts the Senate provision.
Section 723. Enhanced driver's license
There is no comparable House provision.
Section 504 of the Senate bill would require the
Secretary to enter into a memorandum of agreement with at least
one State to pilot the use of enhanced driver's licenses that
would be valid for a U.S. citizen's admission into the United
States from Canada and require a report to Congress on the
pilot.
The Conference substitute adopts the Senate provision, as
modified to permit a pilot of U.S. citizens entering the
country from either Canada or Mexico.
Section 724. Western Hemisphere Travel Initiative
There is no comparable House provision.
Section 505 of the Senate bill would require the
Secretary to complete a cost-benefit analysis of the Western
Hemisphere Travel Initiative (WHTI) and a study of ways to
reduce the fees associated with passport cards prior to
publishing a final rule for WHTI.
The Conference substitute adopts the Senate provision, as
modified to specify that the Secretary of State shall develop
proposals for reducing passport card fees, including through
mobile application teams who could accept applications for the
passport card in communities particularly affected by WHTI. The
Conference believes that the cost/benefit analysis should
include the cost to the State Department and resources required
to meet the increased volume of passports requests.
Section 725. Model ports-of-entry
There is no comparable House provision.
Section 506 of the Senate bill would require the
Secretary to establish a model ports of entry program aimed at
improving security and streamlining the current arrival process
for incoming travelers at the 20 busiest international airports
in the United States. It requires the Department to hire at
least 200 additional Customs and Border Protection officers to
address staff shortages at these airports, and it would also
require measures that would ensure a more efficient
international arrival process.
The Conference substitute adopts the Senate provision, as
modified.
Section 731. Report regarding border security.
There is no comparable House provision.
Section 1604 of the Senate bill directs the Secretary to
report to Congress regarding ongoing DHS initiatives to improve
security along the U.S. northern border. The section also
requires the Comptroller General to report to Congress with a
review and comments on that report and recommendations
regarding any necessary additional actions to protect that
border.
The Conference substitute adopts the Senate provision, as
modified.
TITLE VIII--PRIVACY AND CIVIL LIBERTIES
Section 801. Modification of authorities relating to privacy and civil
liberties oversight board
Sections 802, 803, 804, 805, and 806(a) of the House bill
amend Section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) by modifying the
structure and operations of the Privacy and Civil Liberties
Oversight Board (the Board). This section removes the Board
from the Executive Office of the President and makes the Board
an independent agency. It also requires each of the Board's
five members to be confirmed by the U.S. Senate. The House
language also provides the Board with subpoena powers that will
be enforced by the U.S. District Court in the judicial district
where the subpoenaed person resides. The Board is required to
submit not less than two reports each year to the appropriate
Committees of Congress that shall include a description of the
Board's activities, information on its findings, conclusions,
minority views, and recommendations resulting from its advice
and oversight functions.
Section 601 of the Senate bill is a comparable provision;
however, it strengthens the Board's authority without removing
it from the Executive Office of the President. Additionally,
the Senate provision also grants subpoena power to the Board;
however, it differs from the House provision in that the
subpoena must be issued by the Attorney General who shall
either issue the subpoena as requested or provide the Board
with an explanation if the subpoena request is modified or
denied. If the request is modified or denied, Congress shall be
notified of this action within thirty days.
The Conference substitute adopts the House provision
regarding the removal of the Board from the Executive Office of
the President and adopts the Senate provision regarding the
Board's subpoena power. All other comparable provisions were
integrated.
Section 802. Department Privacy Officer
Section 812 of the House bill adopts the language
contained in the Privacy Officer with Enhanced Rights Act of
2007, as introduced. In particular, this section expands the
Department of Homeland Security's (the Department or DHS) Chief
Privacy Officer's (CPO) access to any and all material
available to the Department that fall under the CPO's purview.
The CPO is also given authority to administer oaths and issue
subpoenas to facilitate investigations and reporting
requirements. The CPO's term of office would last for a period
of 5 years and the individual appointed would be required to
submit reports to Congress, without any prior comment by the
Secretary, Deputy Secretary or any other officer of the
Department, regarding the performance and responsibilities of
the Privacy Office.
Section 603 of the Senate bill is a comparable provision,
except that it does not include the 5-year term of office as
mandated by the House provision, and it directs that the CPO's
subpoena authority be exercised with the approval of the
Secretary of Homeland Security (the Secretary).
The Conference substitute adopts the House language with
changes, including the removal of the five year term of office
and specifying that the subpoena authority be exercised through
the Secretary. It also clarifies the relationship between the
CPO and the Office of the Inspector General.
Section 803. Privacy and Civil Liberties officers
Section 602 of the Senate bill establishes a network of
Privacy and Civil Liberties officers in Executive Branch
Agencies, in some cases strengthening the powers of existing
officers. It provides that the Departments of Justice, Defense,
State, Treasury, Health and Human Services, and Homeland
Security, the Director of National Intelligence and the Central
Intelligence Agency, and other agencies designated by the
Privacy and Civil Liberties Oversight Board, are required to
designate at least one senior official to serve as an internal
privacy and civil liberties officer, to function as a source of
advice and oversight on privacy and civil liberties matters to
the agency. Departments and agencies may designate an existing
privacy or civil liberties officer for this role, and the
legislation specifies that where a Department or agency has a
statutory privacy or civil liberties officer, that officer
shall perform the relevant functions required by this section.
These officers are directed to make regular reports to their
respective department or agency heads, Congress, the Privacy
and Civil Liberties Oversight Board, and the public.
Section 806(b) of the House bill is a comparable
provision.
The Conference substitute adopts the Senate provision.
Section 804. Federal Agency Data Mining Reporting Act of 2007
There is no comparable House provision.
Section 604 of the Senate bill requires all Federal
agencies to report to Congress within 180 days and every year
thereafter on data mining programs developed or used to find a
pattern or anomaly indicating terrorist or other criminal
activity on the part of individuals, and how these programs
implicate the civil liberties and privacy of all Americans. If
necessary, specific information in the various reports could be
classified.
The Conference substitute adopts the Senate language.
TITLE IX--PRIVATE SECTOR PREPAREDNESS
Section 901. Private sector preparedness
Section 1101 of the House bill requires the Secretary of
Homeland Security (the Secretary) to establish a program to
enhance private sector preparedness for acts of terrorism and
other emergencies and disasters. The language also requires the
Secretary to support the development and promulgation of
preparedness standards, including the National Fire Protection
Association 1600 Standard.
Section 803 of the Senate bill establishes a voluntary
certification program to assess whether a private sector entity
meets voluntary preparedness standards. In consultation with
private sector organizations listed in the section, the
Secretary would support the development of voluntary
preparedness standards and develop guidelines for the
accreditation and certification program. The accreditation and
certification process would be implemented and managed by one
or more qualified nongovernmental entities selected by the
Secretary. Under the program, companies wishing to be certified
would have their applications reviewed by third parties
accredited by the entity or entities managing the program,
which would determine if certification was warranted.
The Conference substitute adopts the Senate provision, as
well as aspects of section 1101 of the House bill, with
modifications. The Conference substitute permits the
development of guidance and recommendations, and identification
of best practices, to assist or foster private sector
preparedness. If such guidance and recommendations are
developed, the Administrator of Federal Emergency Management
Agency (FEMA) and the Assistant Secretary for Infrastructure
Protection will work to develop the guidance and
recommendations, and the Administrator of FEMA will issue them.
The Conference substitute requires the establishment of a
voluntary certification program which will be developed by a
designated officer within DHS, to be selected by the Secretary
from among the Administrator of FEMA, the Assistant Secretary
of Infrastructure Protection, and the Under Secretary for
Science and Technology, in consultation with appropriate
private sector parties designated in the legislation.
As recommended by the 9/11 Commission, through this
section, the Department of Homeland Security will be promoting
private-sector preparedness of which the 9/11 Commission said:
``Private sector preparedness is not a luxury; it is a cost of
doing business in the post-9/11 world.''
Section 902. Responsibilities of the private sector office of the
department
There is no comparable House provision.
Section 802 of the Senate bill amends section 102(f) of
the Homeland Security Act to add promoting to the private
sector the adoption of voluntary national preparedness
standards to the responsibilities of the Special Assistant to
the Secretary. It also establishes a new responsibility for the
private sector advisory councils: advising the Secretary on
private sector preparedness issues.
The Conference substitute adopts the Senate provision
with minor modifications.
TITLE X--CRITICAL INFRASTRUCTURE PROTECTION
Section 1001. National Asset Database
Section 902 of the House bill requires the Secretary of
the Department of Homeland Security (the Department or DHS) to
maintain two databases addressing critical infrastructure: the
National Asset Database and, as a subset, the National At-Risk
Database. To develop the National Asset Database and the At-
Risk Database, the Secretary will meet with a consortium of
national laboratories and experts. The Secretary is required to
annually update both databases and remove assets and resources
that are not verifiable or do not comply with the database
requirements. The Secretary will also meet with the States and
advise them as to the format for submitting assets for the
lists and notifying them as to deficiencies before removing or
omitting assets from the lists. This provision also requires
the Secretary to consult the Databases for purposes of
allocating various Department grant programs and to provide an
annual report to Congress on the contents of the Databases.
Section 1101 of the Senate bill requires the Secretary to
establish a risk-based prioritized list of critical
infrastructure and key resources that, if successfully
destroyed or disrupted through a terrorist attack or natural
catastrophe, would cause catastrophic national or regional
impacts. The list must be reviewed and updated at least
annually. The provision also requires an annual report
summarizing the construction and contents of the list. The
report may include a classified annex.
The Conference substitute adopts the House provision with
certain modifications. The Conferees determined that there is a
uniform manner by which to compile the country's vital assets
and to prioritize those assets, as called for in Homeland
Security Presidential Directive-7. This process will enable a
more effective cooperation with State and local governments and
provide a means by which the appropriate Congressional
Committees may annually review the prioritized list as well as
receive a report about the database and list.
The Conference substitute modifies the House provision to
require the Secretary to maintain a prioritized critical
infrastructure list, as called for in the Senate bill, instead
of the National At-Risk Database. Furthermore, the Conference
substitute authorizes the Secretary to form an optional
consortium to advise on the Database, but did not make the
formation of such a consortium mandatory.
Section 1002. Risk assessments and report
Section 901 of the House bill requires the Secretary to
prepare a vulnerability assessment of the critical
infrastructure information available to the Secretary with
respect to that fiscal year, unless a vulnerability assessment
is required under another provision of law. The Secretary must
provide annual comprehensive reports on vulnerability
assessments for all critical infrastructure sectors established
in Homeland Security Presidential Directive-7. This provision
requires the Secretary to provide the appropriate Congressional
Committees with a summary vulnerability report and a classified
annex for each industry sector. This provision also requires
the Department to provide a summary report from the preceding
two years to compare with the current report to show any
changes in vulnerabilities and provide explanations and
comments on greatest risks to critical infrastructure for each
sector and any recommendations for mitigating these risks.
Section 1102 of the Senate bill requires the Secretary,
for each fiscal year, to prepare a risk assessment of the
critical infrastructure and key resources of the United States.
It requires that the risk assessment be organized by sector and
that it contain any actions or countermeasures proposed,
recommended, or directed by the Secretary to address security
concerns covered in the assessment. It enables the Secretary to
rely upon other assessments prepared by another Federal agency
that the Department determines are prepared in coordination
with other initiatives of the Department relating to critical
infrastructure or key resource protection. It also requires the
Secretary to submit an annual report to the relevant
Congressional Committees that contains a summary and review of
the risk assessments prepared by the Secretary for that year.
The report will be organized by sector and will include the
Secretary's recommendations for mitigating risks identified by
the assessments.
The Conference substitute adopts a compromise provision
by eliminating the requirement for the Secretary to conduct
risk assessments under this section because those same
assessments are required to be conducted under the Homeland
Security Act. The Conference substitute requires the Secretary
to provide a report on the comprehensive risk assessments on
critical infrastructure that the Department is already required
to conduct under the Homeland Security Act.
Further, the Conference desires that, if appropriate, the
report or reports be furnished in a public form with a
classified annex. Furthermore, the Conference intends that the
classification of information required to be provided to
Congress or shared between the Department and any other sector-
specific department or agency pursuant to this new paragraph,
including the assignment of a level of classification of such
information, shall be binding on Congress, the Department, and
any other Federal Department or Agency. With regard to these
assessments, the Homeland Security Act requires the Secretary
to conduct the assessments with respect to the nation's
critical infrastructure and key resources. The Conference
intends for the Secretary to exercise his responsibilities
under the Homeland Security Act and make a timely report to
Congress. Through this section, the Conference does not intend
to make any changes to the Secretary's authority under section
201 of the Homeland Security Act. The section requires the
Secretary to submit a set of reports to the Senate Committee on
Homeland Security and Governmental Affairs and the House of
Representatives Committee on Homeland Security as well as other
appropriate Congressional Committees containing a summary and
review of the assessments prepared by the Secretary, as already
required by the Homeland Security Act.
Section 1003. Sense of Congress regarding the inclusion of levees in
the National Infrastructure Protection Plan
There is no comparable House provision.
Section 1101 of the Senate bill requires the Secretary to
include levees in the Department's list of critical
infrastructure sectors.
The Conference substitute adopts the Senate provision,
while modifying it so that it is the sense of Congress that the
Secretary should ensure that levees are included in one of the
critical infrastructure and key resource sectors identified in
the National Infrastructure Protection Plan.
TITLE XI--BIOLOGICAL AND NUCLEAR DETECTION
Section 1101. National Biosurveillance Integration Center
There is no comparable House provision. However, the
House passed, on a bipartisan basis, a very similar provision
as part of H.R. 1684, ``the Department of Homeland Security
Authorization Act for Fiscal Year 2008.''
Section 701 of the Senate bill provides for the
authorization of a National Biosurveillance Integration Center
(NBIC) within the Department of Homeland Security (the
Department or DHS). The primary mission of the NBIC is to
enhance the situational awareness of the Federal Government of
intentional and naturally occurring biological incidents of
national concern, and to rapidly alert Federal, State and local
entities of such incidents.
The Conference substitute adopts the Senate provision,
with technical modifications.
In order to best achieve its mission, the Conference
directs that NBIC Member Agencies to send all information that
could indicate a biological incident of national concern,
including protected health information from member agencies
which are Public Health Authorities as defined by the Health
Insurance Portability and Accountability Act of 1996, Public
Law 104-191, to the NBIC.
Section 1102. Biosurveillance efforts
There is no comparable House provision.
Section 702 of the Senate bill requires the Comptroller
General of the United States to report to Congress on Federal,
State, and local biosurveillance efforts, any duplication of
such efforts, and recommendations on integration of systems and
effective use of resources and professional expertise.
The Conference substitute adopts the Senate provision,
with technical modifications.
Section 1103. Interagency coordination to enhance defenses against
nuclear and radiological weapons of mass destruction
There is no comparable House provision.
Section 703 of the Senate bill requires the Secretaries
of Homeland Security, State, Defense, Energy, the Attorney
General and the Director of National Intelligence to jointly
ensure interagency coordination on the development and
implementation of the global nuclear detection architecture by
completing a joint annual interagency review of matters
relating to the global nuclear detection architecture, which
shall be submitted to the President and the appropriate
Congressional Committees.
The Conference substitute adopts the Senate provision,
with technical modifications.
Section 1104. Integration of detection equipment and technologies
There is no comparable House provision.
Section 1607 of the Senate bill requires the Secretary of
Homeland Security to ensure that chemical, biological,
radiological, and nuclear detection equipment and technologies
are integrated as appropriate with other border security
systems and detection technologies, and requires the Secretary
to develop a departmental technology assessment process and
report the process to Congress within 6 months of enactment.
The Conference substitute adopts the Senate provision, as
engrossed by the Senate.
TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
Section 1201. Definitions
The Conference substitute includes a provision which
defines the terms ``Department'' and ``Secretary'' for the
purposes of this title.
Section 1202. Transportation security strategic planning
Section 1002 of the House bill requires the Department of
Homeland Security (the Department or DHS) to include additional
information in subsequent submissions of the National Strategy
for Transportation Security. It requires DHS to tie the risk-
based priorities identified in the Strategy to the risk
assessments conducted by DHS; to coordinate the development of
the Strategy with Federal, State, regional, local and tribal
authorities and transportation system employees; and to tie the
budget and research and development to the priorities in the
Strategy. It also requires DHS to build into the Strategy a
more intermodal perspective for transportation security.
Section 901 of the Senate bill is a comparable provision.
The Conference substitute adopts modified language from
both bills. The Conference would like to clarify that the
information required by the periodic progress reports, on the
turnover among senior staff of the Department (and any
component agencies) working on transportation security issues,
includes program managers responsible for transportation
security programs, at the GS-13 level or its equivalent, as
well as their immediate supervisors and other superiors, up to
and including Assistant Secretaries or Under Secretaries.
Section 1203. Transportation security information sharing
Section 1001 of the House bill improves transportation
security information between the public and private sectors by
requiring the establishment of a Transportation Security
Information Sharing Plan. It also requires the Department to
provide a semiannual report to Congress identifying the persons
who receive transportation security information.
Section 902 of the Senate bill is a comparable provision,
which also requires the plan be developed in consultation with
the program manager of the Information Sharing Environment
established under the Intelligence Reform and Terrorism
Prevention Act of 2004. This section further requires that DHS
establish a point or points of contact within the Department
for distributing transportation security information to public
and private stakeholders.
The Conference substitute adopts the Senate provision, as
modified.
Section 1204. National Domestic Preparedness Consortium
There is no comparable House provision.
Section 1429 of the Senate bill requires the Secretary of
Homeland Security (the Secretary) to develop guidance for a
rail worker security training program. Section 1505 of the
Senate bill requires the Secretary to issue regulations for a
public transportation worker training program. Section 202 of
the Senate bill authorizes the Secretary to establish a State
Homeland Security Grant Program and an Urban Area Security
Initiative grant program which allows States and localities to
apply for grants from DHS for the purpose of training first
responders.
The Conference substitute authorizes the establishment of
the National Domestic Preparedness Consortium, which has been
responsible for identifying, developing, testing and delivering
training to State, local, and tribal emergency response
providers. The Conference substitute further authorizes an
expansion of the Consortium to include the National Disaster
Preparedness Training Center and the Transportation Technology
Center, Incorporated, to assist with providing security
training to emergency responders and transportation workers.
In addition, the Conference substitute authorizes
specific funding levels for the individual members of the
Consortium that are intended to provide a baseline to determine
future funding needs. However, the Conference does not believe
that these authorized amounts should serve as artificial
barriers to increased funding levels should greater increases
be necessary and possible. The Conference recognizes the
importance of the ongoing training at the National Domestic
Preparedness Consortium, expects that the two new members will
be able to provide unique training opportunities, and that by
authorizing and expanding the Consortium the Department will be
able to train even more of our Nation's emergency responders
and transportation workers.
Section 1205. National Transportation Security Center of Excellence
There is no comparable House provision.
Section 1425 of the Senate bill requires the Secretary to
carry out a research and development program for the purpose of
improving freight rail and intercity passenger rail security.
Section 1507 of the Senate bill requires the Secretary to award
grants or contracts for research and development of
technologies and methods to improve security for public
transportation systems. Section 1467 of the Senate bill extends
the authorization for the Secretary to carry out research and
development for aviation security, until 2009.
The Conference substitute authorizes the establishment of
a National Transportation Security Center of Excellence to
conduct research and development and education activities, and
develop or provide training to transportation employees or
professionals.
Section 1206. Civil immunity for reporting suspicious activity
There is no comparable House provision.
There is no comparable Senate provision.
The Conference recognizes that the general public often
provides critical assistance to law enforcement in its efforts
to disrupt terrorist activity against the homeland. The
Conference substitute adopts this section to address the
potential chilling effect of lawsuits filed against members of
the public who reported what they reasonably considered to be
suspicious activity to appropriate personnel.
The Conference substitute adopts language granting civil
immunity to those who, in good faith and based on objectively
reasonable suspicion, report ``covered activity'' to an
``authorized official.'' The term ``covered activity'' is
defined as suspicious activity indicating that a person is
preparing to or may be violating the law in a way that
threatens a passenger transportation system, passenger safety,
or passenger security or that involves an act of terrorism. The
suspicious activity must involve or be directed against a
passenger transportation system. An authorized official is
defined as any employee or agent of a passenger transportation
system or other persons with responsibilities relating to the
security of such systems. It also includes anyone working for
or on behalf of the Departments of Homeland Security,
Transportation or Justice who have responsibilities relating to
the security of passenger transportation systems as well as any
Federal, State, or local law enforcement officer. Persons who
make false reports or who make a report with reckless disregard
for the truth are not entitled to civil immunity under this
section.
The Conference substitute also grants qualified civil
immunity to any authorized official who takes reasonable action
to respond to a report of covered activity. An authorized
official not entitled to assert the defense of qualified
immunity is nevertheless immune from civil liability under
Federal, State or local law. The Conference intends to provide
civil immunity to anyone within the chain of reporting who
reasonably responds in good faith to the covered activity.
However, the Conference does not intend to amend, limit, or
reduce existing qualified immunity or other defenses pursuant
to Federal, State, or local law that may otherwise be available
to authorized officials as defined by this section. To address
this concern the Conference substitute includes a savings
clause that states that nothing in the section shall affect the
ability of any authorized official to assert any defense,
privilege, or immunity that would otherwise be available. The
savings clause also reiterates that this section is not
intended to affect any such defense, privilege or immunity.
The Conference substitute also allows any person or
authorized official who is found to be immune from civil
liability under this section to recover reasonable costs and
attorneys fees should they be named as a defendant in a civil
suit. It defines a ``passenger transportation system'' as
public transportation, over-the-road bus transportation,
including school bus transportation, intercity rail
transportation, passenger vessels, including passenger and
automobile ferries, and air transportation. Finally, the
Conference substitute states that this section takes effect as
of October 1, 2006 and shall apply to all activities and claims
arising on or after that date.
TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS
Section 1301. Definitions
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute defines several terms used
within this title.
Section 1302. Enforcement authority
There is no comparable House provision.
Section 1432 of the Senate bill expands the
Transportation Security Administration's (TSA) existing
administrative civil penalty authority to authorize civil
penalties and enforcement of regulations and orders of the
Secretary of Homeland Security (the Secretary) relating to non-
aviation security. Under this section, the Secretary must give
written notice of the finding of a violation and the penalty,
and the penalized person has the opportunity to request a
hearing on the matter. This section also provides that, in a
civil action to collect such a penalty, the issues of liability
and the amount of the penalty may not be reexamined; it places
exclusive jurisdiction for these actions in the Federal
district courts in certain instances; and it establishes
ceilings for the penalty amounts the Secretary may
administratively impose.
The Conference substitute adopts the Senate provision
with minor changes, including a provision that requires the
Secretary to make publicly available summaries of enforcement
actions taken and a report on the Department's enforcement
process. The Conference substitute limits this administrative
enforcement authority as it relates to fines and civil
penalties against public transportation agencies and violations
of administrative and procedural requirements related to the
transportation security grant programs of this Act through
section 1304 of the Conference substitute.
Section 1303. Visible Intermodal Prevention and Response Teams
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute authorizes the existing
Transportation Security Administration (TSA) practice of
deploying security teams, known as Visible Intermodal
Prevention and Response teams (VIPR), to augment the security
of any mode of transportation. This provision authorizes the
Secretary to determine, consistent with ongoing security
threats, when a VIPR team should be deployed and for what
duration, in coordination with local law enforcement. The
provision also allows the Secretary to use any asset of the
Department, including Federal Air Marshals, Surface
Transportation Security Inspectors, canine detection teams, and
advanced screening technology as part of VIPR teams. Under this
section, the Secretary would be required to consult with local
law enforcement and security officials and transportation
entities directly affected by VIPR deployments, prior to and
during deployments of VIPR teams to ensure coordination and
operation protocols. This section authorizes such sums as
necessary annually from FY 2008-2011 to cover costs associated
with the VIPR program.
Section 1304. Surface Transportation Security Inspectors
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute authorizes the existing
Transportation Security Administration (TSA) Surface
Transportation Security Inspectors (STSIs) program and includes
language addressing the mission and authorities of the
inspectors, requiring coordination and consultation with the
Department of Transportation (DOT) and affected entities, and
providing limitations regarding the issuance of fines and civil
penalties against public transportation agencies and for
violations of administrative and procedural requirements of the
Act. Additionally, the Conference substitute requires the
Secretary to increase the number of STSIs employed by TSA, up
to a level of 200 STSIs in FY 2010 and FY 2011, and requires
the DHS Inspector General to issue a report to the appropriate
Congressional Committees regarding the performance and
effectiveness of STSIs, the need for additional inspectors, and
other recommendations. The provision also authorizes the
following amounts for the STSI program: $11.4 million for FY
2007, $17.1 million for FY 2008, $19.95 million for FY 2009 and
$22.8 million for FY 2010 and 2011, respectively.
The Secretary and the STSIs should use fines and civil
penalties as a last recourse to achieve public transportation
agency compliance with DHS security regulations only when other
reasonable methods of gaining compliance have not produced
adequate results. If a public transportation agency fails to
correct a violation or to propose an alternative means of
compliance acceptable to the Secretary, then the Secretary may
issue fines or civil penalties under section 1302 of the
Conference substitute. Additionally, the provision restricts
the Secretary or STSIs from issuing fines and civil penalties
for violations of administrative and procedural requirements
related to the application and use of funds awarded under the
transportation security grant programs in this Act. However,
the Conference does not consider fraud, gross misuse of grant
funds, or any criminal conduct related to the application for
or use of grant funds awarded under this Act to be
administrative requirements and, therefore, those acts will not
be shielded from fines or civil penalties issued by the
Secretary.
Section 1305. Surface transportation security technology information
sharing
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute adopts a new provision that
would require the Secretary, in consultation with the Secretary
of Transportation, to establish a program to provide
appropriate information that the Department has gathered or
developed on the performance, use, and testing of technologies
that may be used to enhance railroad, public transportation,
and surface transportation security to surface transportation
entities and State, local, and tribal governments that provide
security assistance to such entities. The purpose of the
program is to assist eligible grant recipients under this Act
and others, as appropriate, to purchase and use the best
technology and equipment available to meet the security needs
of the Nation's surface transportation system.
The provisions allow the Secretary to include in such
information whether the technology is designated as a qualified
antiterrorism technology under the SAFETY Act, as appropriate,
and requires the Secretary to ensure that the program
established under this section makes use of and is consistent
with other Department technology testing, information sharing,
evaluation, and standards-setting programs, as appropriate.
Section 1306. TSA personnel limitations
There is no comparable House provision.
Section 1451 of the Senate bill provides that any
statutory limitation on the number of Transportation Security
Administration employees shall not apply to employees carrying
out this title.
The Conference substitute adopts the Senate provision as
it applies to this title and titles XII, XIV, and XV of the
Conference substitute.
Section 1307. National Explosives Detection Canine Team Training
Program
There is no comparable House provision.
Section 1476 of the Senate bill directs the Secretary to
enhance the National Explosive Detection Canine Team Program
and maximize canine training capacity so that up to 200
additional dogs can be certified each year, starting at the end
of calendar year 2008. The Secretary would be given flexibility
across transportation modes to use as needed and deemed
necessary. The provision encourages the Secretary to review
potential benefits of establishing new canine training
partnerships throughout the United States.
The Conference substitute adopts the Senate provision as
modified. The modified provision requires the Secretary to
increase the number of explosives detection canine teams
certified by the TSA for the purposes of transportation-related
security by up to 200 canine teams annually by the end of 2010
and encourage State, local, and tribal governments and private
owners of high-risk transportation facilities to strengthen
security through the use of highly trained explosives detection
canine teams.
To increase the number of explosives detection canine
teams, the Secretary shall use a combination of methods
including the use and expansion of TSA's National Explosives
Detection Canine Team Training Center; partnering with other
Federal, State, or local agencies, nonprofit organizations,
universities, or the private sector; and procuring explosives
detection canines trained by nonprofit organizations,
universities, or the private sector, provided they are trained
in a manner consistent with the standards and requirements
developed pursuant to this section or other criteria developed
by the Secretary.
The Secretary is also required to establish criteria that
include canine training curricula, performance standards, and
other requirements approved by TSA as necessary to ensure that
explosives detection canine teams trained by nonprofit
organizations, universities, and private sector entities are
adequately trained and maintained. In developing and
implementing such curricula, performance standards, and other
requirements, the Secretary would be required to coordinate
with key stakeholders to develop best practice guidelines for
such a standardized program; ensure that explosives detection
canine teams trained by nonprofit organizations, universities,
or private sector entities that are used or made available by
the Secretary be trained consistent with specific training
criteria developed by the Secretary; and review the status of
the private sector programs on at least an annual basis to
ensure compliance with training curricula, performance
standards, and other requirements.
The Conference substitute also requires the Secretary to
use the additional explosives detection canine teams as part of
the Department's efforts to strengthen security across the
Nation's transportation network. The Secretary may use the
canine teams on a more limited basis to support other homeland
security missions, as determined appropriate. The Secretary is
also required to make available explosives detection canine
teams to all modes of transportation, for high-risk areas or to
address specific threats, on an as-needed basis and as
otherwise determined appropriate by the Secretary and shall
encourage, but not require, transportation facilities or
systems to deploy TSA-certified explosives detection canine
teams.
The Conference substitute requires the Secretary, acting
through the TSA Administrator, to ensure that explosives
detection canine teams are procured as efficiently as possible
and at the best price using available procurement methods and
increased domestic breeding, if appropriate. Additionally, the
Comptroller General is required to report to the appropriate
Congressional Committees on the utilization of explosives
detection canine teams to strengthen security and the capacity
of the national explosive detection canine team program.
Finally, the Conference substitute authorizes such sums as may
be necessary to carry out this section for Fiscal Years 2007
through 2011.
The Conferees note that the definition of ``explosives
detection canine team'' as a ``canine and a canine handler that
are trained to detect explosives, radiological materials,
chemical, nuclear or biological weapons, or other threats as
defined by the Secretary'' is intended to ensure that
individual canine teams that are trained to detect any of these
specific materials listed are eligible under this section. The
Conferees recognize that explosives detection canines are not
trained to additionally detect chemical, nuclear or biological
weapons and that, at present, such teams cannot detect
radiological materials. Further, the Conferees recognize that
canines are trained to detect specific threats and cannot, at
this time, effectively be crossed-trained to identify multiple
threats. In requiring the TSA to develop canine training
curriculum and performance standards under this section, the
Conferees expect TSA to do so for those threats within the
definition that are currently applicable to canine team
detection. However, the Conferees trust that TSA will explore
opportunities to train and/or acquire canines that are able to
detect new and emerging threats, such as chemical,
radiological, nuclear and biological weapons. To that end, the
Conferees expect that prior to developing and distributing
canine training curriculum and performance standards under this
section, TSA will fully vet any ongoing training, whether
domestic or international, that has a proven method to
successfully detect those additional threats that may not
currently be applicable to TSA-trained canines.
Section 1308. Maritime and surface transportation security user fee
study
There is no comparable House provision.
Section 1452 of the Senate bill requires the Secretary to
study the need for, and feasibility of, establishing a system
of maritime and surface transportation-related user fees that
may be imposed and collected to fund maritime and surface
transportation security improvements. In developing the study,
the Secretary would be directed to consult with maritime and
surface transportation carriers, shippers, passengers, facility
owners and operators, and other persons. The study would
include an assessment of current security-related fees in the
United States, Canada, and Mexico; an analysis of the impact of
fees on transportation carriers and shippers; and an evaluation
of current private and public sector expenditures on maritime
and surface transportation security. Within 1 year after the
date of enactment, the Secretary would be required to transmit
a report to Congress on the results of the study.
The Conference substitute adopts the Senate provision
with minor modifications.
Section 1309. Transportation Worker Identification Credential (TWIC)
There is no comparable House provision.
Sections 1454 and 1455 of the Senate bill codify the
existing regulatory prohibitions against the issuance of
transportation security cards to certain convicted felons.
The Conference substitute adopts the Senate provision,
with minor modifications, codifying the existing regulatory
prohibitions against the issuance of transportation security
cards to certain convicted felons. Nothing in this section is
intended to change the waiver and appeal rights afforded to
workers in 70105 of title 46. In fact, the Conferees expect
that as the Secretary moves to implement the TWIC program,
workers will have their waiver and appeal cases decided
expeditiously and that a sufficient number of administrative
law judges will be available to adjudicate these cases.
Section 1310. Roles of the Department of Homeland Security and the
Department of Transportation
There is no comparable House provision.
Sections 1421, 1425, 1435, 1441, 1442, 1444, 1448, 1449,
1445, 1503 and 1506 of the Senate bill require the Secretary of
Homeland Security to consult, coordinate, or work with the
Secretary of Transportation in the implementation of the
requirements of the sections. Section 1443 of the Senate bill
further requires the Department of Homeland Security and the
Department of Transportation to execute and develop an annex to
the Memorandum of Understanding between the Departments signed
on September 28, 2004, governing the specific roles,
delineations of responsibilities, resources and commitments of
the Department of Transportation and the Department of Homeland
Security, respectively, in addressing motor carrier
transportation security matters.
The Conference substitute includes a provision which
affirms and clarifies the current delineation of the roles and
responsibilities of Department of Homeland Security and the
Department of Transportation related to carrying out the
provisions of this Act related to transportation security.
TITLE XIV--PUBLIC TRANSPORTATION SECURITY
Section 1401. Short title
There is no comparable House provision.
Section 1501 of the Senate bill cited the short title as
``The Public Transportation Terrorism Prevention Act of 2007.''
The Conference Substitute adopts a compromise provision,
providing that this title may be cited as ``The National
Transit Systems Security Act of 2007.''
Section 1402. Definitions
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute adopts a definition section in
an effort to clarify terms used in Title XIV of the bill.
Section 1403. Findings
There is no comparable House provision.
Senate Section 1502 finds that public transit is a top
target of terrorism worldwide, that the Federal Government has
invested significant sums in creating and maintaining the
nation's transit infrastructure, that transit is heavily used
and that the current Federal investment in security has been
insufficient and greater investment is warranted.
The Conference substitute adopts the Senate findings as
modified.
Section 1404. National strategy for public transportation security
There is no comparable House provision.
The Senate bill does not require an additional strategy
for transit beyond the modal requirements in Title XII.
The Conference substitute adopts the Senate provision
with modifications. The purpose of the strategy is to minimize
security threats and maximize the abilities of public
transportation systems to mitigate damage that may result from
terrorist attacks. The Secretary of Homeland Security (the
Secretary) is required to use established and ongoing public
transportation security assessments and consult with all
relevant stakeholders that are specified in the legislation in
developing a national strategy.
Section 1405. Security assessments and plans
There is no comparable House provision.
Section 1503 of the Senate bill requires the Federal
Transit Administration of the Department of Transportation to
submit all public transportation security assessments and other
relevant information to the Secretary 30 days after the date of
enactment. The Secretary is also required to use the security
assessments received as the basis for allocating grant funds,
unless the Secretary notified the Senate Committee on Banking,
Housing, and Urban Affairs that the Secretary determined an
adjustment is necessary to respond to an urgent threat or other
significant factors.
The Senate provision requires the Secretary to conduct
both annual updates to the existing assessments and new
security assessments of all public transportation agencies
considered to be at greatest risk of a terrorist attack. In
addition, the Secretary is required to establish a process for
developing security guidelines for public transportation
security and to design a security improvement strategy that
minimizes terrorist threats to public transportation systems,
and maximizes the efforts of public transportation systems to
mitigate damage from terrorist attacks. It also requires the
Secretary to conduct security assessments, appropriate to the
size and nature of each system, to determine the specific needs
of bus-only and rural transit systems.
The Conference substitute adopts the requirements
included in the Senate bill with modification. It requires the
Federal Transit Administration and the Department of
Transportation to transfer all existing security assessments as
well as any other relevant information to the Department of
Homeland Security (the Department or DHS). It also requires the
Secretary to review and augment the assessments and to conduct
additional assessments as necessary to ensure that, at a
minimum, all high-risk public transportation agencies will have
a completed security assessment. The Conference substitute
further specifies that each completed assessment should
include, at a minimum, an identification of critical assets,
infrastructure and systems and their vulnerabilities and an
identification of any other security weaknesses, including
weaknesses in emergency response planning and employee
training. The Conference substitute adopts the Senate's
provisions addressing bus-only and rural transit systems with a
clarification that these assessments are meant to be
representative of the needs of these systems and shall be made
available for use by similarly situated systems.
The Conference substitute adopts provisions related to
mandatory security plans. All high-risk systems will be
required to have a security plan provided they receive grant
funding. However, the Conference agreed to provide the
Secretary a waiver of that provision in order that he may
require a security plan for a high-risk system that has not
received grant funding, provided that upon issuance of that
waiver, the Secretary, not less than three days after making
that determination, provides Congress and the public
transportation system written notice detailing the need for the
security plan, the reason grant funding has not been made
available and the reason the agency has been designated high-
risk. The Secretary is required to provide guidance on
developing, preparing and implementing these plans. Developing
security plans is an eligible expense for funds received under
this Title. The security plans must be consistent with the
security assessments developed by the Department and the
National Strategy for Public Transportation Security. The
Secretary is authorized to establish a program to develop
security plans for systems that are not designated at high-
risk, provided that no such system may be required to develop a
plan. Security plans are required to be updated annually, as
appropriate.
The Conference substitute also includes language on
nondisclosure of information, encouraging coordination among
different modes of transportation to the extent they share
facilities, and allowing public transportation agencies to
petition the Secretary to recognize existing protocols,
procedures and standards as meeting all or part of the
requirements for security assessments or plans.
Section 1406. Public transportation security assistance
There is no comparable House provision.
Section 1504 of the Senate bill created two separate
grant programs, one for capital expenses and another for
operating expenses. The Senate bill required coordination with
State homeland security plans and appropriate consideration of
multi-State transportation systems, along with Congressional
notification prior to grant awards and the requirement that
transit agencies return any misspent grant funds.
The Conference substitute adopts the Senate provision
with modifications. The Conference substitute establishes a
single grant program that awards grants directly to eligible
public transportation agencies for security improvements. A
public transportation agency is eligible if the Secretary has
performed a security assessment or the agency has developed a
security plan. Grant funds provided under this program may only
be awarded for permissible uses described in this section that
address items in a security assessment or further the agency's
security plan.
The Conference agrees that the grants should be awarded
pursuant to an agreement between the Departments of Homeland
Security and Transportation. These two Departments are required
to make their determination on the basis of what is the most
efficient and effective method to deliver these grants directly
to the transit agencies. The Conference expects that the
delivery system chosen will reflect the system that meets these
criteria. We note that there have been some concerns with the
efficiency, efficacy and timeliness of the disbursal of these
grants and believe that it is critical that the Secretaries
reach a decision that will provide for these grants to be
distributed as efficiently, effectively and quickly as
possible. The Conference substitute in Section 1406(e) declares
that all requirements of Section 5307 of Title 49 shall be
applied to the recipients of these grant funds. Whichever
Department distributes and awards the grants will have to be
responsible for ensuring that those requirements are met.
The Conference substitute also includes a list of
eligible capital expenses and separately, a list of eligible
operating expenses for the distribution of grant funds, and
retains Senate language addressing coordination with State
homeland security plans, multi-state transportation systems,
Congressional notification and the requirement that transit
systems return any misspent grant funds.
The Conference substitute includes authorization levels
for each year, although the overall amount of $3.5 billion was
similar to the Senate bill. In addition, the Conference
substitute includes a structure that caps the amount of funds
that can be used for operational expenses each year of the
authorization, declining from 50 percent in Fiscal Year 2008 to
10 percent in 2011. The Conference expects that training costs
will be the predominant use of operating funds in the first two
years of the program which led to the decreasing limitation on
operating funds over the life of the bill. The Conference
substitute provides the Secretary with a waiver of the
limitation on operating expenses, provided such waiver is used
only in the interest of national security. Use of the waiver
requires Congressional notification, prior to any such action.
The Conference substitute also requires any funds distributed
under Public Law 110-28 to be allocated based on risk and
distributed solely to address security issues that have already
been identified in security assessments.
Section 1407. Security exercises
There is no comparable House provision.
The Senate bill did not include a separate exercise
provision, although security exercises were an eligible expense
under the program, as shown in Section 1504(b).
The Conference substitute adopts more specific language
and requirements for the Secretary to establish a program for
conducting security exercises. The program shall cover public
transportation agencies, Federal, State and local governments,
including emergency response providers and law enforcement as
well as any other organizations that the Secretary determines
are appropriate to include.
Section 1408. Public transportation security training program
There is no comparable House provision.
Section 1505 of the Senate bill contains a transit
security training program detailing how the Secretary, in
consultation with appropriate officials, is required to develop
and issue detailed regulations for a public transportation
worker security training program. Public transportation
agencies who receive security funding must develop a
comprehensive worker training program and submit it to the
Secretary for approval. The Secretary must review the program
and make necessary revisions. No later than one year after the
plan has been established and reviewed, the public
transportation agency must complete the training of all
workers. The Secretary is required to report to Congress on the
training program and update it as necessary.
The Conference substitute adopts the security training
program with modification. The Conference substitute requires
all public transportation systems that receive security grants
under this Title to train all frontline public transportation
employees and other workers, as appropriate. The training
requirement is for both initial and ongoing training for any
agency that receives a security grant. The Conference
substitute requires the Secretary to issue regulations,
including interim final regulations, to implement the training
requirement. In developing these regulations the Secretary must
consult with appropriate law enforcement, fire service
security, terrorism experts, representatives of public
transportation systems and nonprofit employee labor
organizations representing public transportation workers or
emergency response personnel. Public transportation agencies
that receive security funding must develop a comprehensive
employee training program and submit it to the Secretary for
approval. The Secretary must review the program and make
necessary revisions. Not later than one year after each public
transportation agency's training program has been established
and reviewed, the public transportation agency must complete
the training of all workers covered under the program. The
Conference substitute also includes a study to be conducted by
the Comptroller General on the implementation of the training
program, requiring a survey of transit agencies and employees.
Section 1409. Public transportation research and development
There is no comparable House provision.
Section 1507 of the Senate bill includes a transportation
research and development section to establish, through the
Homeland Security Advanced Research Projects Agency, and in
consultation with the Federal Transit Administration, a program
to distribute grants or contracts to public and private
entities to conduct appropriate research into technologies or
methods of deterring and mitigating the effects of terrorist
attacks. The Secretary must report to the Congress on the use
of these funds and if the Secretary determines that grant funds
were misspent, the grantee shall return grant funds to the
Treasury of the United States.
The Conference substitute adopts the Senate provision
with a modification to establish a research and development
program related to public transportation. The program will be
established through the Homeland Security Advanced Research
Projects Agency in the Science and Technology Directorate and
will consult with the Federal Transit Administration. Grants
and/or contracts will be awarded to public or private entities
to conduct research or demonstrate technologies and methods to
reduce and deter terrorist threats or to mitigate damage
resulting from an attack. The Conference substitute also adopts
language regarding privacy and civil rights and the Senate
language on reporting and misspent grant funds and requires
coordination with the priorities included in the National
Strategy for Public Transportation Security. The Conference
substitute authorizes $25,000,000 per year for this program.
Section 1410. Intelligence sharing
There is no comparable House provision.
The Senate bill, Section 1506, required the Secretary to
provide sufficient financial assistance for the reasonable
costs of the Information Sharing and Analysis Center for Public
Transportation (ISAC). All transit agencies would be encouraged
to participate in the ISAC and those that the Secretary deemed
to be at significant risk would be required to participate. The
imposition of fees was prohibited.
The Conference substitute adopts the Senate proposal with
modification. It includes a report to be conducted by the
Comptroller General to examine the value and efficacy of the
ISAC along with any other public transportation information
sharing programs ongoing at the Department of Homeland
Security, including the Homeland Security Information Network
(HSIN) system. The Conference substitute also authorizes
specific dollar amounts for the ISAC for Fiscal Years 2008-2010
and such sums as necessary for 2011 provided the Comptroller's
report has been submitted to Congress.
Section 1411. Threat assessments
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute requires the Secretary to
complete a name-based security background check of public
transportation front-line employees against the consolidated
terrorist watch list and an immigration status check, within
one year after the date of enactment, similar to the threat
assessment conducted by the U.S. Coast Guard with regard to
facility employees and longshoremen.
Section 1412. Reporting requirements
There is no comparable House provision.
Section 1508 of the Senate bill includes a reporting
section that required the Secretary to submit a semi-annual
report to the Committee on Banking, Housing and Urban Affairs,
the Committee on Homeland Security and Governmental Affairs and
the Committee on Appropriations, on the implementation of the
capital and operational grant programs, the use of funds and
the State of public transportation security in the United
States. It further requires the Secretary to submit an annual
report regarding the amount and use of grant funds to the
Governor of each State with a public transportation agency that
has received a grant.
The Conference substitute broadens the reporting
requirements included in the Senate bill to ensure that
Congress receives substantive, useful information regarding
public transportation security from the Department of Homeland
Security. To that end, the Conference substitute includes an
annual report to Congress, due on March 31st of each year, that
includes: a description of the implementation of the provisions
of Title XIV; the amount of funds appropriated to carry out the
title that have not been spent; the National Strategy for
Public Transportation Security; an estimate of the costs to
fully implement the National Strategy for Public Transportation
Security, to be broken out for each Fiscal Year from 2008
through 2018; and the state of public transportation security
in the United States. The Conference substitute maintains the
Senate's requirement of an annual report to the Governors.
Section 1413. Whistleblower protection
There is no comparable House provision.
The Senate bill modifies existing whistleblower
protections for rail employees.
The Conference substitute adopts protections for public
transportation employee whistleblowers, modeled on the
protections available to railroad employees under 49 U.S.C.
20109 as amended by this Act and aviation employees under 49
U.S.C. 42121.
Section 1414. Security background checks of covered individuals for
public transportation
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute adopts a provision to ensure
that if the Secretary of Homeland Security requires or
recommends security background checks of public transportation
employees, adversely affected employees will have an adequate
redress process.
Section 1415. Limitation on fines and civil penalties
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute prohibits the Secretary and the
surface transportation security inspectors (STSI) from issuing
fines and civil penalties on public transportation agencies
except in certain circumstances.
The Secretary and the STSIs should use fines and civil
penalties as a last recourse to achieve public transportation
agency compliance with DHS security regulations only when other
reasonable methods of gaining compliance have not produced
adequate results. If a public transportation agency fails to
correct a violation or to propose an alternative means of
compliance acceptable to the Secretary, then the Secretary may
issue fines or civil penalties under section 1302 of the
Conference substitute. Additionally, the provision restricts
the Secretary or STSIs from issuing fines and civil penalties
for violations of administrative and procedural requirements
related to the application and use of funds awarded under the
transportation security grant programs in this Act. However,
the Conference does not consider fraud, gross misuse of grant
funds, or any criminal conduct related to the application for
or use of grant funds awarded under this Act to be
administrative requirements and, therefore, those acts will not
be shielded from fines or civil penalties issued by the
Secretary.
TITLE XV--SURFACE TRANSPORTATION SECURITY
Subtitle A--General Provisions
Section 1501. Definitions
Section 1001 of the House bill contains several
definitions related to transportation security.
Section 1411 of the Senate bill defines the term ``high
hazard materials.''
The Conference substitute adopts definitions for terms
applicable to the title, including a new definition of
``security-sensitive materials,'' which must be defined by the
Secretary of Homeland Security (the Secretary) through a rule
making. The Conference believes that completing the definition
of ``security-sensitive materials'' should be a high priority
for the Department of Homeland Security (the Department or
DHS), since the definition of this term is a pre-requisite for
the implementation of several other provisions within this
title.
Section 1502. Oversight and grant procedures
There is no comparable House provision.
Section 1426 of the Senate bill authorizes the Secretary
of Homeland Security to enter into contracts to audit and
review grants awarded under the bill. The Secretary is required
to prescribe procedures and schedules for the awarding of
grants under this title, including application and
qualification procedures. In awarding grants, the Secretary may
issue letters of intent (LOI) to recipients of grants awarded
under this bill, as the Secretary may do now for aviation
security funding through the Transportation Security
Administration (TSA).
The Conference substitute adopts the Senate provision as
modified. It requires the Secretary to establish procedures,
including those for monitoring and auditing to ensure that
grants are expended properly and for application and
qualification for grants. The provision also provides that for
grants awarded to Amtrak under this title, the Secretary shall
coordinate with the Secretary of the Department of
Transportation (DOT) in establishing necessary grant
procedures. Additionally, the provision permits either
Department to enter into contracts for additional audits and
reviews of such grants to Amtrak.
The Conference substitute also permits the Secretary of
Homeland Security to issue LOI's to grant recipients. The
Conference acknowledges that an LOI is not a commitment of
future funds by an agency. The Conference substitute requires
that grant recipients return any misspent funds and that the
Secretary take all necessary action to return such funds. It
also requires the Secretary to notify appropriate Congressional
Committees of its intent to award a grant. Finally, the
Conference substitute requires that the Secretary ensure, to
extent practicable, that grant recipients use disadvantaged
business concerns as contractors or subcontractors.
Section 1503. Authorization of appropriations
There is no comparable House provision.
Section 1437 of the Senate bill authorizes appropriations
for the Secretary of Homeland Security for Fiscal Years (FY's)
2008-2010 and for the Secretary of Transportation for FY's
2008-2011 to carry out the activities required by the Act.
The Conference substitute adopts the Senate provision as
modified to reflect the authorization levels contained within
the sections of this title.
Section 1504. Public awareness
There is no comparable House provision.
Section 1434 of the Senate bill requires the Secretary of
Homeland Security, in consultation with the Secretary of
Transportation, within 90 days after the date of enactment of
this Act, to develop a national plan for improved public
outreach and awareness of measures that the general public,
railroad passengers, and railroad employees can take to
increase railroad system security. Not later than 9 months
after the date of enactment of this Act, the Secretary would be
directed to implement this plan.
The Conference substitute adopts the Senate provision
with minor modifications, including adding over-the-road bus
security matters to the provision.
Subtitle B--Railroad Security
Section 1511. Railroad transportation security risk assessment and
national strategy
There is no comparable House provision.
Section 1421 of the Senate bill requires the Secretary of
Homeland Security to establish a task force comprised of the
Transportation Security Administration (TSA) and others to
complete a risk assessment of freight and passenger rail
transportation. It also requires the development of
recommendations for improving rail security based on the
required risk assessment and the establishment of plans to
address such recommendations. This section requires the
Secretary to report to the appropriate Congressional Committees
on the assessment, recommendation, plans and costs to implement
such recommendations. In addition, the Secretary is required to
include in the recommendations a plan for the Federal
government to provide security support at high threat levels of
alert; a plan for coordinating existing and planned rail
security initiatives undertaken by public and private entities;
and a contingency plan developed in conjunction with intercity
and commuter passenger railroads to ensure the continued
movement of freight and passengers in the event of a terrorist
attack. The provision authorizes $5 million for Fiscal Year
2008 to carry out this section.
The Conference substitute adopts the Senate provision, as
modified. The modified provision requires the Secretary to
establish a task force to complete a nationwide railroad
security risk assessment, including freight, intercity
passenger and commuter railroads. The Secretary may make use of
the Government Coordinating Council in the establishing of the
task force. Based upon this assessment, the Secretary is
required to develop a modal plan for railroad security,
entitled the ``National Strategy for Railroad Transportation
Security,'' which will serve as the general Federal strategy
for improving railroad security.
In completing the assessment and the strategy required by
this section, the Conference does not intend for TSA and the
Department of Homeland Security to unnecessarily re-do existing
assessment and modal plan work, of sufficient quality and
relevance, already completed by the agency or other Federal,
private or public stakeholders. However, the Conference expects
any existing assessments and existing modal plans used to be
synthesized into a comprehensive and coherent total assessment
and strategy, not simply compiled into a single document. The
Conference substitute authorizes $5 million for FY 2008 to
carry out this section.
The Conference notes its frustration with TSA's inability
to complete a comprehensive risk assessment and national
strategy for the railroad sector. The Conference believes
fulfillment of this section to be an absolute priority, so that
the results of the assessment may be used to guide the ongoing
rail security efforts and the new programs called for in this
Conference substitute.
Section 1512. Railroad carrier assessments and plans
There is no comparable House provision.
Section 1421 of the Senate bill requires the Secretary of
Homeland Security to establish a task force to complete a risk
assessment of freight and passenger rail transportation,
develop recommendations for improving rail security based on
the risk assessment, and establish plans to address such
recommendations.
The Conference substitute adopts a provision addressing
railroad carrier risk assessments based upon elements of Senate
Section 1421. The provision would require that railroad
carriers assigned to a high-risk tier by the Secretary complete
a vulnerability assessment and develop security plans to be
approved by the Secretary. In addition, the Secretary would be
authorized to establish a program to provide guidance and
assistance for undertaking assessments and security plans and a
process by which such voluntary assessments and plans may be
approved by the Secretary for railroad carriers not assigned to
a high-risk tier.
Section 1513. Railroad security assistance
There is no comparable House provision.
Section 1424 of the Senate bill authorizes the Secretary
of Homeland Security, in consultation with the TSA and other
entities, to make grants to freight railroads, the Alaska
Railroad, hazardous materials shippers, owners of rail cars
used to transport hazardous materials, institutions of higher
education, State and local governments, and Amtrak, for full or
partial reimbursement of costs incurred to prevent or respond
to acts of terrorism, sabotage, or other risks. The Secretary
would be required to adopt necessary procedures to ensure that
grants made under this section are expended in accordance with
the purposes of the Act. The Secretary awards and distributes
all grants under this provision, except for grants to Amtrak
which the Secretary can award, but the Secretary of
Transportation would distribute using the well-established DOT
grant process which is used to distribute Federal operating and
capital grants to Amtrak. This section authorizes $100 million
for the Department of Homeland Security for each of Fiscal
Years 2008 through 2010 to carry out this section. Grants to
Amtrak are limited to $45 million over the authorization period
and certain grants related to hazardous materials rail security
are limited to $80 million in total over the authorization
period.
The Conference substitute adopts a modified version of
the Senate provision. The provision establishes a railroad
security grant program for railroads that have completed a
vulnerability assessment and security plan under Section 1513
of the Conference substitute for a permissible use identified
within the section. However, the Secretary has the discretion
during the first three years after the date of enactment of the
Act, or up until one year after the regulations are issued
under section 1513, to award grants based on vulnerability
assessments and security plans developed by railroad carriers
that do not meet the requirements of Section 1513 if the
Secretary finds such assessments and plans sufficient.
Additionally, grants can be awarded under this provision to
fully or partially fund the assessments and plans required
under Section 1513. The Conference includes these provisions to
ensure that eligible entities would be authorized to receive
grant funds under this section as soon as possible upon
enactment of the Conference substitute and so that eligible
entities could use grant funds to develop the assessments and
plans required under Section 1513 in a timely fashion.
The Conference substitute assigns the responsibility of
awarding and distributing grants to the Secretary, except for
grants to Amtrak which the Secretary can award, but which the
Secretary of Transportation would distribute using the well-
established Department of Transportation grant process to
Amtrak. The Secretary of Homeland Security is also required to
report to the appropriate Congressional Committees on the
feasibility and appropriateness of requiring non-Federal match
for grants awarded under this provision.
The Conference believes the authorization of this grant
program is particularly important because little of the
existing DHS rail and transit security grant funds have been
available to intercity passenger rail security and no grant
funds have been made available for freight railroad security.
Section 1514. System-wide Amtrak security upgrades
There is no comparable House provision.
Section 1422 of the Senate bill authorizes the Secretary
of Homeland Security, in consultation with the TSA, to make
grants to Amtrak for the purposes of upgrading the security of
assets, systems and infrastructure; securing tunnels, trains,
and stations; hiring additional police officers; expanding
emergency preparedness efforts; and for employee security
training. The provision also requires that the Secretary of
Transportation disburse the grants to Amtrak for projects
contained in its system-wide security plan that it is required
to develop. The provision authorizes funds to be appropriated
for grants under this section for Fiscal Years 2008 through
2010.
The Conference substitute adopts the Senate provision as
modified. The authorization amounts are increased and extended
one Fiscal Year to reflect current and anticipated Amtrak
security expenditures.
Section 1515. Fire and life safety improvements
There is no comparable House provision.
Section 1423 of the Senate bill authorizes the Secretary
of Transportation to make grants to Amtrak for the purpose of
making fire and life-safety improvements to Amtrak tunnels on
the Northeast Corridor. This section authorizes $100 million in
funding for the Department of Transportation for each of Fiscal
Years 2008 through 2011 to make fire and life-safety
improvements to the New York/New Jersey tunnels; $10 million
for each of Fiscal Years 2008 through 2011 for improvements of
the Baltimore & Potomac and Union tunnels in Baltimore,
Maryland; and $8 million for each of Fiscal Years 2008 through
2011 for improvements of the Washington, D.C., Union Station
tunnels. The Secretary of Transportation is required to approve
plans submitted by Amtrak before distributing grants. In
addition, the Secretary of Transportation is authorized to
consider the feasibility of seeking a financial contribution
from other rail carriers towards the cost of the project. This
section also authorizes $3 million in FY 2008 for preliminary
design of a new railroad tunnel in Baltimore, Maryland.
The Conference substitute adopts the Senate provision,
but with reduced authorization levels to reflect the completion
of portions of phase 1 of Amtrak's tunnel fire and life safety
projects since the consideration of S. 4 by the Senate, and
other changes.
Section 1516. Railroad carrier exercises
Section 101 of the House bill provides grants to fund
exercises to strengthen preparedness against risks of
terrorism. Sections 301 and 302 of the House bill strengthen
the design of the national exercise program to require it to
enhance the use and understanding of the Incident Command
System (ICS) by requiring that the national exercise program
include model exercises for use by State, local and tribal
governments. Section 1101 of the House bill requires the
Secretary of Homeland Security to establish a program to
enhance private sector preparedness for acts of terrorism and
other emergencies and disasters, developing and conducting
training and exercises to support and evaluate emergency
preparedness and response plans and operational procedures.
There is no comparable Senate provision.
The Conference substitute adopts a new provision that
requires the Secretary to create a security exercises program
to test and evaluate the ability of railroads to prevent,
prepare for, mitigate against, respond to, and recover from
acts of terrorism. The provision also requires that the
exercises conducted be tailored to the needs of particular
facilities, including accommodations for individuals with
disabilities; live, in the case of the most at-risk facilities
to a terrorist attack; and coordinated with appropriate
officials. The Conference substitute also requires that the
Secretary, together with the Secretary of Transportation,
ensure that the program consolidates existing railroad security
exercises that are administered by the Departments, unless this
requirement is waived by the Secretary of Homeland Security.
The Conference intends for there to be one primary rail
security exercises program within the Federal government
administered by TSA, but are including the waiver authority to
ensure that any Department of Transportation railroad safety or
railroad hazardous materials exercises that have a nexus with
security are not automatically consolidated into this program.
The Conference expects that the consolidation of exercises that
primarily relate to safety would only occur with the
concurrence of the Secretary of Transportation and the
Secretary of Homeland Security.
Section 1517. Railroad security training program
There is no comparable House provision.
Section 1429 of the Senate bill requires the Secretary of
Homeland Security, in consultation with the Secretary of
Transportation, not later than 1 year after the date of
enactment of this Act, to work with law enforcement officials,
as well as terrorism and railroad security experts, to develop
and issue detailed guidance for a railroad worker security
training program to prepare front-line workers for potential
security threat conditions. This section also would require
railroad carriers to adopt a worker security training program
in accordance with the guidance and submit it to the Secretary
of Homeland Security for approval. Within one year after the
Secretary completes a review of a railroad carriers' training
programs, the railroad carrier would be required to complete
the training of all front-line employees consistent with the
approved program.
The Conference substitute adopts the Senate provision
with modified language that requires the Secretary, in
consultation with appropriate parties, to issue regulations for
a railroad training program to prepare frontline employees, as
defined in section 1501 of the Conference substitute, for
potential security threats and conditions. Not later than 90
days after the Secretary issues regulations, each railroad
carrier would be required to submit for review and approval a
security training program. Each freight and passenger railroad
is required to complete training of all employees not later
than one year after the Secretary approves its training
program. The Secretary is required to review implementation of
the training program.
Section 1518. Railroad security research and development
There is no comparable House provision.
Section 1425 of the Senate bill requires the Secretary of
Homeland Security to, in conjunction with the Department of
Homeland Security's Undersecretary for Science and Technology
and the Administrator for TSA, and in consultation with the
Secretary of Transportation, carry out a research and
development program for the purpose of improving freight and
intercity passenger rail security. In carrying out this
section, the Secretary of Homeland Security would be required
to coordinate with other research and development initiatives
at the Department of Transportation. The Secretary also may
award research and development grants to certain entities
described in this section. This section authorizes $33 million
for the DHS for each of Fiscal Years 2008 through 2011 for the
Secretary to carry out this section.
The Conference substitute adopts the Senate provision as
modified to extend the authorizations to Fiscal Year 2011, to
ensure coordination with other research and development
initiatives, and with a provision included to ensure that any
activities carried out under this section that could affect
privacy, civil liberties or civil rights would receive privacy
impact assessments.
Section 1519. Railroad tank car security testing
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute adopts a provision that would
assess likely methods of a deliberate attack on a railroad tank
car transporting toxic-inhalation-hazard materials and the
potential impact of such attacks. It requires the Secretary of
Homeland Security to conduct certain physical tests as part of
the assessment and to submit a report within 30 days of
completing the assessment to the appropriate Congressional
Committees. The Conference substitute also requires an air
dispersion modeling analysis of a rail tank car carrying toxic-
inhalation-hazard materials and specifies factors to be
considered in that analysis, as well as parties to be consulted
in conducting such analysis. Further, the substitute directs
the Secretary to share the information developed through the
analysis and submit a report to the appropriate Congressional
Committees within 30 days of completion of all the modeling
exercises. In performing the physical testing required under
this section, the Conference expects that the Secretary will
take into account other Federal agencies and resources with
applicable expertise in such matters.
Section 1520. Railroad threat assessments
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute requires the Secretary of
Homeland Security to implement a threat assessment screening
program for all relevant transportation employees within one
year after the date of enactment, including a name-based check
for all employees against the consolidated terrorist watch list
and an immigration status check, similar to the threat
assessment conducted by the U.S. Coast Guard with regard to
port workers.
Section 1521. Railroad employee protections
There is no comparable House provision.
Section 1430 of the Senate bill updates the existing
railroad employee protections statute to protect railroad
employees from adverse employment impacts due to whistleblower
activities related to rail security. The provision precludes
railroad carriers from discharging, or otherwise discriminating
against, a railroad employee because the employee, or the
employee's representative: provided, caused to be provided, or
is about to provide, to the employer or the Federal government
information relating to a reasonably perceived threat to
security; provided, caused to be provided, or is about to
provide testimony before a Federal or State proceeding; or
refused to violate or assist in violation of any law or
regulation related to rail security.
The Conference substitute adopts a modified version of
the Senate language. It modifies the railroad carrier employee
whistleblower provisions and expands the protected acts of
employees, including refusals to authorize the use of safety-
related equipment, track or structures that are in a hazardous
condition. Additionally, the Conference substitute enhances
administrative and civil remedies for employees, similar to
those in subsection 42121(b) of title 49, United States Code.
The language also provides for de novo review of a complaint in
Federal District Court if the Department of Labor does not
timely issue an order related to the complaint. The Conference
substitute also raises the cap on punitive damages that could
be awarded under this provision from $20,000 to $250,000.
The Conference notes that railroad carrier employees must
be protected when reporting a safety or security threat or
refusing to work when confronted by a hazardous safety or
security condition to enhance the oversight measures that
improve transparency and accountability of the railroad
carriers. The Conference, through this provision, intends to
protect covered employees in the course of their ordinary
duties. The intent of this provision is to ensure that
employees can report their concerns without the fear of
possible retaliation or discrimination from employers.
Section 1522. Security background checks of covered individuals
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute adopts a provision that would
ensure that if the Secretary of Homeland Security issues a
rule, regulation or directive requiring private employers to
conduct security background checks for railroad workers, that
it include a redress process for such workers similar to that
provided under the Transportation Worker Identification
Credential (TWIC) final rule, as required by 46 U.S.C.
70105(c). The Secretary is also required to update private
employers conducting background checks regarding guidance that
has been issued and ensure that any future guidance issued on
the topic is consistent with this provision. The Conference
substitute requires the Secretary to issue a regulation
prohibiting a railroad carrier or contractor or subcontractor
to a railroad carrier from knowingly misrepresenting to an
employee or other relevant person, including an arbiter
involved in a labor arbitration, the scope, application, or
meaning of any rules, regulations, directives, or guidance
issued by the Secretary related to security background check
requirements for covered individuals when conducting a security
background check.
It is not the intent of the Conference that this
provision imply that it favors the Department of Homeland
Security (DHS) requiring private employers to undertake
security background checks. Rather, the Conference intends for
the provision to ensure that if such regulations were ever to
be promulgated by DHS, that it would contain due process
protections similar to those in the TWICE rule would be
available for employees. The Conference intends for private
employees to retain all rights and authorities afforded them
otherwise as private employers.
Section 1523. Northern border railroad passenger report
There is no comparable House provision.
Section 1428 of the Senate bill requires the Secretary,
in consultation with the Transportation Security Administration
(TSA), the Secretary of Transportation, heads of other
appropriate Federal Departments and Agencies, and Amtrak,
within one year after the date of enactment, to submit a report
to Congress that contains: a description of the current system
for screening passengers and baggage on rail service between
the United States and Canada; an assessment of the current
program to provide pre-clearance of airline passengers between
the United States and Canada; an assessment of the current
program to provide pre-clearance of freight railroad traffic
between the United States and Canada; information on progress
by the Department and other Federal agencies towards finalizing
a bilateral protocol with Canada that would provide for pre-
clearance of passengers on trains operating between the United
States and Canada; a description of legislative, regulatory,
budgetary, or policy barriers to providing pre-screened
passenger lists for such passengers; a description of the
Canadian position with respect to pre-clearance; a draft of any
changes to Federal law necessary to allow for pre-screening;
and a feasibility analysis of reinstating in-transit
inspections onboard international Amtrak trains.
The Conference substitute adopts the Senate provision and
includes language to ensure that any activities carried out
under this section that could affect privacy, civil liberties
or civil rights will receive privacy impact assessments. The
Conference notes the significant delays that routinely plague
Amtrak trains due to screening of passenger at or near the
U.S.-Canadian border and that these delays both hamper
international rail travel and increase costs for Amtrak, and
therefore the Federal government. The Conference expects the
Secretary of Homeland Security to work, in cooperation with
Amtrak and the Canadian Government, to take steps to minimize
such delays, as soon as practicable.
Section 1524. International Railroad Security Program
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute adopts a provision that would
require the Secretary of Homeland Security to develop a system
to detect both undeclared passengers and contraband entering
the United States by railroad, with a primary focus on the
detection of nuclear and radiological materials and to submit a
report to Congress on its progress. The Secretary, in
consultation with the TSA, the Domestic Nuclear Detection
Office, and Customs and Border Protection, may take a number of
actions authorized by the provision to develop this system.
Section 1525. Transmission line report
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute adopts a provision that would
require that the Comptroller General perform the assessment of
the security, safety, economic benefits and risks associated
with the placement of high-voltage transmission lines along
active railroad and other transportation rights of way.
Section 1526. Railroad security enhancements
There is no comparable House provision.
Section 1433 of the Senate bill allows police officers
employed by a railroad to be deputized to help a second
railroad in carrying out enforcement duties on the second
railroad. In addition, the provision would require the
Secretary of Transportation to write and distribute to States
model railroad police commissioning laws to help prevent the
problems posed by so-called ``scam railroads.'' ``Scam
railroads'' are companies that are organized as railroads in
order to obtain police powers but are not actually engaged in
the railroad business.
The Conference substitute adopts the Senate provision as
modified to extend the date by which the Secretary of
Transportation would be directed to complete the model state
legislation.
Section 1527. Applicability of District of Columbia law to certain
Amtrak contracts
There is no comparable House provision.
Senate Section 1438 would require that any lease entered
into between the National Railroad Passenger Corporation and
the State of Maryland be governed by District of Columbia law.
The Conference substitute adopts the Senate provision.
Section 1528. Railroad preemption clarification
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute adopts a provision that would
clarify the intent and interpretations of the existing
preemption statute and to rectify the Federal court decisions
related to the Minot, North Dakota accident that are in
conflict with precedent. The modified language restructures 49
U.S.C. Sec. 20106 and changes its title from ``National
Uniformity of Regulation'' to ``Preemption'' to indicate that
the entire section addresses the preemption of State laws
related to railroad safety and security.
Subpart (a) of the Conference substitute is titled
``National Uniformity of Regulation'' and contains the exact
text of 49 U.S.C. Sec. 20106 as it existed prior to enactment
of this Act. It is restructured for clarification purposes;
however, the restructuring is not intended to indicate any
substantive change in the meaning of the provision.
Subpart (b) of the Conference substitute provides further
clarification of the intention of 49 U.S.C. Sec. 20106, as it
was enacted in the Federal Railroad Safety Act of 1970, to
explain what State law causes of action for personal injury,
death or property damage are not preempted. It clarifies that
49 U.S.C. Sec. 20106 does not preempt State law causes of
action where a party has failed to comply with the Federal
standard of care established by a regulation or order issued by
the Secretary of Transportation or the Secretary of Homeland
Security, its own plan or standard that it created pursuant to
a regulation or order issued by either of the Secretaries, or a
State law, regulation or order that is not incompatible with 49
U.S.C. Sec. 20106(a)(2).
The modified language also contains a retroactivity
provision, which clarifies that 49 U.S.C. Sec. 20106 applies to
all pending State law causes of action arising from activities
or events occurring on or after January 18, 2002, the date of
the Minot, North Dakota derailment. Finally, this provision
indicates that nothing in 49 U.S.C. Sec. 20106 creates a
Federal cause of action on behalf of an injured party or
confers Federal question jurisdiction for such State law causes
of action.
Subtitle C--Over-the-Road Bus and Trucking Security
Section 1531. Over-the-road bus security assessments and plans
There is no comparable House provision.
Section 1447 of the Senate bill requires the Secretary of
Homeland Security to establish a program within the
Transportation Security Administration (TSA) to make grants to
private over-the-road bus operators and over-the-road bus
terminal operators for the purposes of improving bus security.
The provision stipulates that the Secretary may not make grants
to over-the-road operators until the operators have submitted
security plans and provided additional information that the
Secretary may require. Section 1447 also requires the Secretary
to undertake a bus security assessment, that would include an
assessment of: the existing over-the-road bus security grant
program; actions already taken to address identified security
issues by both public and private entities and recommendations
on whether additional safety and security enforcement actions
are needed; whether additional legislation is needed to provide
for the security of Americans traveling on over-the-road buses;
the economic impact that security upgrades of buses and bus
facilities may have on the over-the-road bus transportation
industry and its employees; ongoing research and the need for
additional research on over-the-road bus security, including
engine shut-off mechanisms, chemical and biological weapon
detection technology, and the feasibility of
compartmentalization of the driver; industry best practices to
enhance security; and school bus security, if the Secretary
deems it appropriate.
The Conference substitute requires the Secretary to issue
regulations, not later than 18 months after the date of
enactment, to require high-risk over-the-road bus operators to
conduct vulnerability assessments and develop, submit and
implement approved security plans. It allows the Secretary to
establish a security program for over-the-road bus operators
not assigned to a high-risk tier, including guidance on
vulnerability assessments and security plans, and a review
process, as appropriate. The Conference substitute also
requires the Secretary to provide technical assistance and
guidance on components of vulnerability assessments and
security plans, in addition to relevant threat information
necessary for preparing such assessments and plans. It requires
the Secretary to review the vulnerability assessments and
security plans not later than 6 months upon receipt, and
approve such assessments and plans meeting the established
requirements. The Conference substitute requires the Secretary
to assign each over-the-road bus operator to a risk based tier
and operators may be reassigned by the Secretary based on
changes in risk. Finally, it requires that the over-the-road
bus operators evaluate the adequacy of the assessments and
plans submitted to the Secretary not later than 3 years after
the date on which the assessment or plan was submitted, and at
least once every five years thereafter.
Section 1532. Over-the-road bus security assistance
There is no comparable House provision.
Section 1447 of the Senate bill requires the Secretary of
Homeland Security to establish a program within TSA to make
grants to private over-the-road bus operators and over-the-road
bus terminal operators for the purposes of emergency
preparedness drills and exercises, protecting high risk assets,
counter-terrorism training and other security-related actions.
This provision requires the Secretary, in making grants, to
take into consideration security measures that over-the-road
bus operators have taken since September 11, 2001. The
Secretary may not make grants to private operators until the
operators have submitted security plans and provided additional
information that the Secretary may require. The provision
further stipulates that the Secretary must submit a report to
Congress and must consult with industry, labor and other
groups. This provision authorizes the following funding: $12
million for FY 2008, $25 million for FY 2009, and $25 million
for FY 2010. Section 1447 requires the Secretary to select the
grant recipients, award, and distribute grants to eligible
recipients.
The Conference substitute adopts the Senate language,
with modifications. It requires the Secretary to establish a
grant program and stipulates that the funds may be used for one
or more of the following: construction and modifying terminals
to increase security; modifying over-the-road buses to increase
their security; protecting the driver of an over-the-road bus;
acquiring or improving equipment to collect, store and exchange
passenger and driver information with ticketing systems and for
links with government agencies for security purposes;
installing cameras and video surveillance equipment;
establishing and improving emergency communications systems;
implementing and operating passenger screening programs;
developing public awareness campaigns for over-the-road bus
security; operating and capital costs associated with over-the-
road bus security; detection of chemical, biological,
radiological or explosives, including the use of canine
patrols; overtime reimbursement for security personnel; live or
simulated security exercises; operational costs to hire, train
and employ security officers; development of assessments or
security plans; and other improvements deemed appropriate by
the Secretary. The Conference substitute requires the Secretary
to select the grant recipients and award the grants, but would
require that, within 90 days following the date of enactment,
that the Secretary and the Secretary of Transportation jointly
determine the most effective and efficient means to distribute
grants awarded under this section to grant recipients.
Dependent on the result of this determination, one of the two
Secretaries would be authorized to distribute the grants
awarded under this section.
The Conference substitute also stipulates eligibility,
limitations on uses of funds, annual reports, and consultation
with stakeholders. It authorizes $12 million for FY 2008 and
$25 million for each of Fiscal Years 2009 through 2011.
Section 1533. Over-the-road bus exercises
Section 101 of the House bill provides for grants to fund
exercises to strengthen terrorism preparedness. Sections 301
and 302 of the House bill strengthen the design of the National
exercise program to require it to enhance the use and
understanding of the Incident Command System (ICS) by requiring
that the National Exercise Program include model exercises for
use by State, local and tribal governments. Section 1101 of the
House bill requires the Secretary of Homeland Security to
establish a program to enhance private sector preparedness for
acts of terrorism and other emergencies and disasters,
including the development and the conducting of training and
exercises to support and evaluate emergency preparedness,
response plans, and operational procedures.
There is no comparable Senate provision.
The Conference substitute adopts a provision based on
elements of the House provisions that require the Secretary to
establish a program for conducting security exercises for over-
the-road bus transportation to prevent, prepare for, mitigate,
respond to, and recover from acts of terrorism. The program
shall include Federal, State, local agencies and tribal
governments; over-the-road bus operators and terminal owners
and operators; governmental and nongovernmental emergency
response providers and law enforcement agencies; and other
applicable entities. The program calls for consolidation of
existing security exercises administered by the Department of
Homeland Security, TSA and the Department of Transportation, as
appropriate, and shall be comprised of live exercises tailored
to the needs of the recipients, coordinated with appropriate
officials, inclusive of over-the-road bus frontline employees,
and consistent with the National Incident Management System,
the National Response Plan and other related national
initiatives, including the National Exercise Program. The
exercises shall be evaluated by the Secretary and the ensuing
best practices shall be shared with appropriate stakeholders,
and used to develop recommendations of appropriate action.
The Conference intends for there to be one primary over-
the-road bus security exercises program within the Federal
government administered by TSA, but are including the waiver
authority to ensure that any DOT motor carrier safety exercises
that have a nexus with security are not automatically
consolidated into this program. The Conference expects that the
consolidation of exercises that primarily relate to safety
would only occur with the concurrence of the Secretary of
Transportation and the Secretary of Homeland Security.
Section 1534. Over-the-road bus security training program
There is no comparable House provision.
While there is no comparable Senate provision, Section
1447 of the Senate bill provides grants to over-the-road bus
operators and over-the-road bus terminal operators and owners
for the purposes of improving bus security, including training
employees in recognizing and responding to security risks,
evacuation procedures, passenger screening procedures, and
baggage inspection and hiring and training security officers.
The Conference substitute adopts a new provision that
would require, not later than 6 months after enactment, the
Secretary of Homeland Security and TSA to develop and issue
regulations for a bus training program to prepare the over-the-
road bus frontline employees, as defined in section 1501 of the
Conference substitute, for potential security threats and
conditions. In developing the regulation, the Secretary shall
consult with the appropriate stakeholders including law
enforcement, over-the-road bus operators, and nonprofit
employee labor organizations. The program shall include
security training for determining the following, including: the
seriousness of an incident or threat; driver and passenger
communication; appropriate responses and training related to
terrorist incidents; understanding security procedures;
operation and maintenance of security equipment. Not later than
90 days upon issuance of the regulations, the over-the-road bus
operators shall develop security training programs, which the
Secretary shall review not later than 60 days upon receipt. Not
later than 1 year after receiving the Secretary's approval of
the program, the over-the-road bus operator shall complete the
security training of all over-the-road bus frontline employees.
The Secretary shall update the training regulations as
appropriate and shall ensure that the program developed is a
component of the National Training Program. Not later than 2
years after the issuance of the regulation, the Secretary shall
review the program and report to the appropriate Congressional
Committees.
Section 1535. Over-the-road bus security research and development
There is no comparable House provision.
While there is no comparable Senate provision, Section
1447 of the Senate bill requires the Secretary of Homeland
Security to establish a program within TSA to make grants to
private over-the-road bus operators and over-the-road bus
terminal operators for the purposes of improving bus security.
The section also requires the Secretary to undertake a bus
security assessment that would include an assessment of ongoing
research and the need for additional research on over-the-road
bus security, including engine shut-off mechanisms, chemical
and biological weapon detection technology, and the feasibility
of compartmentalization of the driver.
The Conference substitute adopts a provision that
requires the Secretary, acting through the Under Secretary for
Science and Technology and the Administrator of the
Transportation Security Administration, to establish a research
and development (R&D) program for over-the-road bus security.
Eligible R&D projects include the following: reducing the
vulnerability to explosives and hazardous chemical, biological
and radioactive substances; testing of new emergency response
and recovery techniques; developing improved technologies for
emergency response training, and security and redundancy for
critical communications. The R&D program shall be consistent
with other transportation security R&D programs required by the
Act, and shall be coordinated with related activities within
the DHS as well as DOT, in addition to R&D conducted by
additional entities and agencies. The provision permits R&D
projects authorized in this section to be enacted through a
reimbursable agreement, if necessary, or memoranda of
understanding, contracts, grants, cooperative agreements or
other applicable transactions. The Conference substitute also
requires the Secretary to consult with the Chief Privacy
Officer of the Department, and the Officer for Civil Rights and
Civil Liberties, who must conduct privacy impact assessments
and reviews, respectively and as appropriate, for R&D
initiatives that could have an impact on privacy, civil rights
or civil liberties. Finally, the provision authorizes $2
million for each of Fiscal Years 2008 through 2011.
Section 1536. Motor carrier employee protections
There is no comparable House provision.
Section 1430 of the Senate bill updates the existing
railroad employee protections statute to protect railroad
employees from adverse employment impacts due to whistleblower
activities related to rail security.
The Conference substitute adopts a provision related to
the Senate provision which expands whistleblower protections to
motor carrier, including over-the-road bus, employees. It
amends the current motor carrier employee whistleblower
provision for safety to include whistleblower protections and
increase employee protections related to security. This
provision prohibits motor carriers from discriminating against
or discharging any employee who reports a safety or security
threat, or who refuses to work when confronted by a hazardous
safety or security conditions. The Conference substitute also
provides employees with additional administrative and civil
remedies, including de novo review of a complaint in Federal
District Court if the Department of Labor does not issue an
order related to the complaint in a timely fashion. It
authorizes all relief necessary to make a whistleblower whole,
including damages, reinstatement with prior seniority status,
special damages, and attorneys' fees. Punitive damages are also
made available to employees in an amount not to exceed
$250,000.
The Conference believes that motor carrier, including
over-the-road bus, employees must be protected when reporting a
safety or security threat or refusing to work when confronted
by a hazardous safety or security condition. The Conference,
through this provision, intends to protect covered employees in
the course of their ordinary duties. The intent of this
provision is to ensure that employees can report their concerns
without the fear of possible retaliation or discrimination from
employers.
Section 1537. Unified Carrier Registration System agreement
There is no comparable House provision.
Section 1436 of the Senate bill reinstates the Single
State Registration System (SSRS) used by some States to levy
motor carrier registration fees. This system was repealed
pursuant to the Safe, Accountable, Flexible and Efficient
Transportation Equity Act--A Legacy for Users (SAFETEA-LU) in
the 109th Congress and a new Unified Carrier Registration (UCR)
system was required to be developed. However, the Department of
Transportation missed the deadlines to implement the new UCR
system, meaning the States no longer have the necessary Federal
authority to charge motor carriers' registration fees. The
Senate provisions reinstate the SSRS system until the UCR is
implemented and thus provide authority for the States to
collect registration fees.
The Conference substitute adopts a modified version of
the Senate provision which will extend the effect of Section
14504 of title 49, U.S. Code, until January 1, 2008 or the
effective date of final regulations issued under this section.
The provision establishes a deadline of not later than October
1, 2007 for the Federal Motor Carrier Safety Administration
(FMCSA) to issue final regulations to establish the Unified
Carrier Registration System and set fees for the calendar year
2008 and subsequent calendar years, as required by law. The
provision also amends relevant sections of SAFETEA-LU. By
enacting this provision, the Conference does not intend that
FMCSA should wait until 2008 to enact the Unified Carrier
Registration System, in the event that the necessary
regulations and fee structure are finalized in 2007. The
Conference believes that FMCSA has the authority to set fees
for 2007 pursuant to SAFETEA-LU and urges the expeditious
enactment of the UCR plan and agreement and system as soon as
possible.
Section 1538. School bus transportation security
There is no comparable House provision.
While there is no comparable Senate provision, Section
1447 of the Senate bill requires the Secretary of Homeland
Security to establish a program within TSA to make grants to
private over-the-road bus operators and over-the-road bus
terminal operators for the purposes of improving bus security.
The section also requires the Secretary to undertake a bus
security assessment that would include an assessment of school
bus security, if the Secretary deems it appropriate.
The Conference substitute expands upon the Senate
provision and directs the Secretary to transmit a report to the
appropriate Congressional Committees containing a comprehensive
assessment of the risk of a terrorist attack on the Nation's
school bus transportation system. The report shall include
assessments of the following: the security risks to the
Nation's publicly and privately operated school bus systems;
actions taken by operators to address security risks; and the
need for additional actions and investments to improve the
security of passengers traveling on school buses. In conducting
these assessments, the Secretary shall consult with relevant
stakeholders.
Section 1539. Technical amendment
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute amends subsection 1992(d)(7) of
title 18, United States Code, to clarify that a definition
includes intercity bus transportation.
Section 1540. Truck security assessment
There is no comparable House provision.
Section 1445 of the Senate bill requires the Secretary,
in coordination with the Secretary of Transportation, to
transmit a report to Congress on security issues related to the
trucking industry.
The Conference substitute adopts the Senate provision, as
modified. The Conference substitute requires the Secretary of
Homeland Security, in coordination with the Secretary of
Transportation, to issue a report, in either classified or
redacted format, or both, within one year that includes an
assessment of the security risks to the trucking industry, an
assessment of truck security actions already taken by public
and private entities, an assessment of the economic impact that
security upgrades might have on the trucking industry, an
assessment of ongoing security research, an assessment of
industry best practices, and an assessment of the current
status of secure truck parking.
Section 1541. Memorandum of Understanding Annex
There is no comparable House provision.
Section 1443 of the Senate bill requires an annex to the
existing Memorandum of Understanding between the Department of
Transportation and the Department of Homeland Security
governing the specific roles, delineations of responsibilities,
resources and commitments of the two Departments in addressing
motor carrier transportation security.
The Conference substitute adopts the Senate provision
with a minor modification to emphasize that motor carrier
transportation includes over-the-road bus transportation.
Section 1542. DHS Inspector General Report on Trucking Security Grant
Program
There is no comparable House provision.
Section 1453 of the Senate bill requires the Inspector
General of the Department to submit a report to Congress within
90 days of enactment on the Trucking Security Grant Program for
Fiscal Years 2004 and 2005.
The Conference substitute adopts the Senate provision, as
amended, to require the Inspector General of the Department of
Homeland Security to submit an additional report within one
year to Congress that analyzes, using all years of available
data, the performance, efficiency, and effectiveness of, the
need for, and recommendations regarding the future of the
Trucking Security Grant Program.
Subtitle D--Hazardous Material and Pipeline Security
Section 1551. Railroad routing of security-sensitive materials
There is no comparable House provision.
Section 1431 of the Senate bill directs the Secretary of
Homeland Security, in consultation with TSA and the Department
of Transportation, to require rail carriers transporting high
hazard materials to develop security threat mitigation plans,
including alternative routing and temporary shipment suspension
options, and to address assessed risks to high consequence
targets. These threat mitigation plans are to be implemented
when the threat levels of the Homeland Security Advisory System
are high or severe or specific intelligence of probable or
imminent threat exists toward high-consequence rail targets or
infrastructure. Within 60 days of enactment of the Act, a list
of routes used to transport high hazard materials must be
submitted to the Secretary. Within 180 days after receiving the
notice of high consequence targets on such routes by the
Secretary, each rail carrier must develop and submit a high
hazard materials security threat mitigation plan to the
Secretary. Any revisions must be submitted to the Secretary
within 30 days of the revisions being made. The Secretary, with
the assistance of the Secretary of Transportation, is directed
to review and transmit comments on the plans to the railroad
carrier. A railroad carrier must respond to those comments
within 30 days. The plans would be required to be updated by
the railroad carrier every two years. This section also defines
the following terms: ``high-consequence target,''
``catastrophic impact zone,'' and ``rail carrier.''
The Conference substitute adopts a modified version of
the Senate provision that requires the Secretary of
Transportation, in consultation with the Secretary of Homeland
Security, to publish a final rule for the transportation of
hazardous materials that would require railroad carriers to
compile commodity data of security sensitive materials and
analysis of the safety and security risks for transportation
routes of security sensitive materials. It also mandates that
the final rule require that rail carriers that ship security-
sensitive materials identify alternate routes, analyze the
safety and security considerations of such alternative routes,
and use such routes with the least safety and security risk
when transporting security-sensitive materials. The Conference
substitute requires that when railroads consider alternative
routes, they consider the use of routes with interchange
agreements.
Section 1552. Railroad security sensitive material tracking
There is no comparable House provision.
Section 1435 of the Senate bill requires the Secretary of
Homeland Security, in consultation with TSA, to develop a
program to encourage the equipping of rail cars transporting
high hazard materials with communications technology that
provides information concerning car position, depressurization,
and the release of hazardous materials. This section also
authorizes $3 million in funding for each of Fiscal Years 2008
through 2010 for the Secretary to carry out this section.
The Conference substitute adopts the Senate language with
minor modifications.
Section 1553. Hazardous materials highway routing
There is no comparable House provision.
Section 1442 of the Senate bill requires the Secretary of
Transportation, within one year of enactment of the Act, in
consultation with the Secretary of Homeland Security, to:
document existing and proposed routes for the transportation of
radioactive and non-radioactive hazardous materials by motor
carrier and develop a framework by using a Geographic
Information System-based approach to characterize routes in the
National Hazardous Materials Route Registry; assess and
characterize existing and proposed routes for the
transportation of radioactive and non-radioactive hazardous
materials by motor carrier for the purpose of identifying
measurable criteria for selecting routes based on safety and
security concerns; analyze current route-related hazardous
materials regulations in the US, Canada, and Mexico to identify
cross-border differences and conflicting regulations; document
the concerns of the public, motor carriers, and State, local,
territorial, and tribal governments about the highway routing
of hazardous materials for the purpose of identifying and
mitigating security risks associated with hazardous material
routes; prepare guidance materials for State officials to
assist them in identifying and reducing both safety concerns
and security risks when designating highway routes for
hazardous materials; develop a tool that will enable State
officials to examine potential routes for the highway
transportation of hazardous materials; transmit to the Senate
Committee on Commerce, Science, and Transportation, and the
House Committee on Transportation and Infrastructure a report
on the actions taken to fulfill all the requirements of this
section and any recommended changes to the routing requirements
for the highway transportation of hazardous materials.
Under Section 1442, within 1 year of the date of
enactment, the Secretary of Transportation would be required to
complete an assessment of the safety and national security
benefits achieved under existing requirements for route plans
for explosives and radioactive materials and shall submit a
report to the appropriate Congressional Committees with the
findings and conclusions of the assessment. The Secretary of
Transportation is also directed to assess, and potentially
require, the addition of certain high-hazardous materials to
the list of existing hazardous materials that are required to
be transported by motor carriers that use highway routing
plans.
The Conference substitute adopts the Senate language with
minor modifications.
Section 1554. Motor carrier security-sensitive material tracking
There is no comparable House provision.
Section 1442 of the Senate bill requires the Secretary of
Homeland Security, through TSA, and in consultation with the
Secretary of Transportation, to develop a program to facilitate
the equipping of motor carriers transporting high hazard
materials with communications technology that provides frequent
or continuous communications, vehicle position and location and
tracking capabilities, and an emergency broadcast capability.
This section authorizes $7 million to carry out this section
for each of Fiscal Years 2008 through 2010, of which $3 million
per year may be used for equipment and $1 million per year may
be used for operations.
The Conference substitute adopts the Senate language as
modified. This section would require that the Secretary of
Homeland Security, through the TSA, and in consultation with
the Secretary of Transportation, develop a program to
facilitate the deployment and use of tracking technologies for
motor carrier shipments of certain security-sensitive hazardous
materials. It retains the Senate provision authorization level
amounts, but does not include the specific set-aside of a $1
million per year that may be used for operations.
The Conference expects that this program will help expand
the use of technology that allows for continuous communication,
position location and tracking, and emergency distress signal
broadcasting, when such technologies can improve security
without being overly burdensome, and that the provision will
expand TSA's analysis of other tracking-related security
technologies that could be beneficial to the security of
hazardous materials truck shipments through the evaluation
required under this section.
Section 1555. Hazardous materials security inspections and study
There is no comparable House provision.
Section 1444 of the Senate bill requires the Secretary of
Homeland Security to establish a program within TSA, in
consultation with the Secretary of Transportation, for
reviewing hazardous materials security plans within one year
after the enactment of this Act. Failure by any covered person
to comply with part 172, title 49, Code of Federal Regulations,
within 180 days after being notified by the Secretary is
punishable by a civil penalty. In reviewing compliance with
part 172, the Secretary is required to utilize risk assessment
methodologies to prioritize review and enforcement actions to
the highest risk hazardous materials transportation operations.
This section also requires the Secretary of Transportation,
within one year, in coordination with the Secretary of Homeland
Security, to study to what extent the insurance, security, and
safety costs borne by carriers of hazardous materials are
reflected in the rates paid by shippers of such commodities, as
compared to those for the transportation of non-hazardous
materials. Section 1444 authorizes $2 million each of Fiscal
Years 2008 through 2010.
The Conference substitute adopts the Senate provision as
modified. It directs the Secretary of Transportation, in
consultation with the Secretary of Homeland Security to limit
duplicative reviews of hazardous materials security plans
required under part 172, title 49, Code of Federal Regulations.
The Conference substitute retains the cost study from the
original Senate provision.
Section 1556. Technical corrections
There is no comparable House provision.
Section 1450 of the Senate bill corrects technical errors
to section 5103a of title 49, United States Code, by inserting
``Secretary of Homeland Security'' in place of the term
``Secretary''. This section also clarifies that an individual
with a valid transportation worker identification card has
satisfied the background records check required under 5103a of
title 49, United States Code. This section does not preempt
State requirements on background checks required to receive a
hazardous materials endorsement.
The Conference substitute adopts the Senate language with
minor modifications to clarify the Department of Transportation
and the Department of Homeland Security's roles in carrying out
section 5103a of title 49, United States Code.
Section 1557. Pipeline security inspections and enforcement
There is no comparable House provision.
Section 1449 of the Senate bill requires the Secretary of
Homeland Security, in consultation with the Secretary of
Transportation, to establish a program for reviewing pipeline
operator adoption of recommendations in the September 5, 2002,
Department of Transportation Research and Special Programs
Administration Pipeline Security Information Circular,
including the review of pipeline security plans and critical
facility inspections. Section 1449 also requires the Secretary
of Homeland Security and the Secretary of Transportation to
develop and implement a plan for reviewing pipeline security
plans and an inspection of the critical facilities of the 100
most critical pipeline operators covered by the September 5,
2002 Circular. In reviewing pipeline operators, the Secretary
of Homeland Security and the Secretary of Transportation shall
use risk assessment methodologies to prioritize risks and to
target inspection and enforcement actions to the highest risk
pipeline assets. The section also requires the Secretary of
Homeland Security and the Secretary of Transportation to
develop and transmit to pipeline operators security
recommendations for natural gas and hazardous liquid pipelines
and pipeline facilities. If the Secretary of Homeland Security
determines that regulations are appropriate, the regulations
must incorporate the guidance provided to pipeline operators in
the September 5, 2002 Circular and contain additional
requirements as necessary based upon the results of inspections
performed under this section. The regulations must also include
the imposition of civil penalties for non-compliance. Finally,
the provision authorizes appropriations of $2 million for
Fiscal Years 2008 and 2009 for a pipeline security inspection
and enforcement program.
The Conference substitute adopts the Senate provision,
with modifications to the dates for program implementation,
review, and issuance of regulations, an extension of the
authorization to Fiscal Year 2010, and other changes.
With respect to pipelines, the Conference is aware that a
portion of these critical facilities have been inspected, and
do not expect re-inspections to be performed needlessly. The
Conference expects the Secretary of Homeland Security and the
Secretary of Transportation to inspect facilities that have not
been inspected for security purposes since September 5, 2002,
by either the Department of Transportation or the Department of
Homeland Security, and to re-inspect those facilities which the
Secretaries deem appropriate.
Section 1558. Pipeline security and incident recovery plan
There is no comparable House provision.
Section 1448 of the Senate bill requires the Secretary of
Homeland Security, in consultation with the Secretary of
Transportation and the Pipeline and Hazardous Materials Safety
Administration (PHMSA), to develop a pipeline security and
incident recovery protocols plan. The plan must be developed in
accordance with the Memorandum of Understanding Annex executed
on August 9, 2006 and take into account actions taken or
planned by both private and public entities to address
identified pipeline security issues and assess the effective
integration of such actions. It also requires the Secretary of
Homeland Security to transmit to Congress a report containing
the plan, along with an estimate of the private and public
sector costs to implement any recommendations.
The Conference substitute adopts the Senate provision
with modifications, including the requirement that the incident
recovery protocols plan be developed in accordance with the
National Strategy for Transportation Security and Homeland
Security Presidential Directive-7, in addition to the pipeline
security annex to the Department of Homeland Security-
Department of Transportation Memorandum of Understanding.
Language was also added to require that the incident recovery
protocol plan address the restoration of essential services
supporting pipelines, such as electrical service.
TITLE XVI--AVIATION SECURITY
Section 1601. Airport checkpoint screening fund
Section 403 of the House bill establishes an airport
checkpoint screening fund to be funded in Fiscal Year 2008 with
$250 million and expanded until exhausted for the procurement
of explosives detection equipment at security checkpoints.
These funds would be derived from the current Transportation
Security Administration (TSA) security fee.
There is no comparable Senate provision.
The Conference substitute adopts the House provision, as
modified. It provides the TSA Administrator with the authority
to expend funds in FY 2008 for the purchase, deployment,
installation, research, and development of equipment to improve
security screening for explosives at commercial airport
checkpoints.
The National Commission on Terrorist Attacks Upon the
United States (the 9/11 Commission) asserted that while more
advanced screening technology is being developed, Congress
should provide funding for, and TSA should move as
expeditiously as possible to support, the installation of
explosives detection trace portals or other applicable
technologies at more of the nation's commercial airports.
Advanced technologies, such as the use of non-intrusive
imaging, have been evaluated by TSA over the last few years and
have demonstrated that they can provide significant
improvements in threat detection at airport passenger screening
checkpoints for both carry-on baggage and the screening of
passengers.
The Conference urges TSA to deploy such technologies
quickly and broadly to address security shortcomings at
passenger screening checkpoints. The Conference believes the
best way to provide for the research and development of
technologies and techniques that would prevent explosives from
being placed onto passenger aircraft is to pilot these
technologies at a diverse group of airports. The Conference
directs the Secretary of Homeland Security (the Secretary) to
give priority for these pilot projects to airports that have
demonstrated their expertise as pilot sites and that have been
selected by the TSA as ``model airports'' for the deployment of
technology to detect explosives.
Section 1602. Screening of cargo carried aboard passenger aircraft
Section 406 of the House bill requires 100 percent of
cargo carried on passenger aircraft to be inspected no later
than 3 years after the date of enactment. At a minimum, the
inspection of such cargo should provide a level of security
equivalent to the inspection of passenger checked baggage. The
provision requires that the percent of such cargo that should
meet these screening standards should be 35 percent by the end
of Fiscal Year 2007, 65 percent by the end of Fiscal Year 2008,
and 100 percent by the end of Fiscal Year 2009. The Secretary
may issue an interim final rule (IFR) but must issue a final
rule not later than one year after the IFR. After the system
becomes operational, TSA is required to report to Congress,
within 1 year, detailing the operations; and within 120 days,
report on exemptions permitted under the system. The report on
exemptions must also be provided to the Government
Accountability Office (GAO) which must provide an assessment of
such exemptions to Congress within 120 days of receiving the
report.
Section 1462 of the Senate bill requires TSA to develop
and implement a system, within 3 years of the date of
enactment, to provide for the screening of all cargo being
carried on passenger aircraft. The Secretary may issue an
interim final rule (IFR) but must issue a final rule not later
than one year after the IFR. After the system becomes
operational, the TSA is required to report to Congress, within
1 year, detailing the operations and, within 180 days,
assessing exemptions permitted under the system. The report on
exemptions must also be provided to GAO which must provide an
assessment of such exemptions to Congress within 120 days of
receiving the report.
The Conference substitute adopts a combination of the
House and Senate provisions, as modified. It requires minimum
standards for the screening of cargo on commercial passenger
aircraft that must be commensurate with the level of screening
for passenger checked baggage. The Conference substitute
includes one benchmark; 50 percent of cargo on commercial
passenger aircraft must be screened in 18 months and 100
percent screening achieved in the three years following the
date enactment of the legislation. The Conference considers
that if TSA were unable to meet the first benchmark, TSA would
be required to give classified briefings, on a periodic and to
be determined frequency, to the Senate Committee on Commerce,
Science and Transportation and to the House Committee on
Homeland Security, to explain the status of TSA's ability to
maximize the screening of cargo on commercial personal aircraft
without causing negative repercussions on the flow of commerce.
The Conference substitute also defines the term
``screening'' in order to clarify the requirements of the
section and the methods of screening the TSA Administrator is
permitted to use to screen cargo on commercial aircraft. The
Conference notes that the use of the phrase ``physical search
together with manifest verification'' denotes one method of
screening, separate and apart from the other methods listed in
this subsection, such as X-ray systems, etc. The Conference is
also concerned about TSA using data checks of cargo or
shippers, including a review of information about the contents
of the cargo or verifying the identity of a shipper through a
database, such as the Known Shipper database, as a single
factor in determining whether cargo poses a threat to
transportation security. The Conference substitute, therefore,
requires that if such data checks are used, they must be paired
with an additional physical or non-intrusive screening method
approved by TSA that examines the cargo's contents.
If TSA does not submit a final rule to implement this
program within one year after an interim final rule becomes
effective, the Department of Homeland Security (the Department
or DHS) will be required to submit status reports to the
relevant Congressional Committees every 30 days until a final
rule is issued. After the system becomes operational, TSA is
required to report to Congress, within 1 year, detailing the
operations and, within 120 days, report on exemptions permitted
under the system. The report on exemptions must also be
provided to GAO which must provide an assessment of such
exemptions to Congress within 120 days of receiving the report.
The Conference believes that TSA should consider
establishing a system whereby aviation ground service providers
that perform cargo security screening services for passenger
aircraft, are compensated for costs incurred as a result of
increased cargo security requirements.
Section 1603. In-line baggage screening
Section 401 of the House bill requires the submission of
an overdue cost-sharing study on in-line explosive detection
systems (EDS) installation within 30 days of enactment, along
with the Secretary's analysis of the study, a list of
provisions the Secretary intends to implement, and a plan and
schedule for implementation.
Section 1465 of the Senate bill authorizes $450 million
in discretionary funds for Fiscal Years 2008 through 2011 to
fund the installation of in-line EDS at U.S. airports at a
level approximate to the TSA's strategic plan for the
deployment of such systems. It also requires the submission of
an overdue cost-sharing study on in-line EDS installation
within 30 days of enactment.
The Conference substitute adopts a combination of the
House and Senate provisions, as modified. It authorizes funding
through Fiscal Year 2028. It further requires the submission of
a cost sharing study and an analysis of the study by the DHS
Secretary within 60 days of enactment of the legislation.
Section 1604. In-line baggage system deployment
There is no comparable House provision.
Section 1466 of the Senate bill mandates, through Fiscal
Year 2028, the annual dedication of $250 million of the amounts
currently collected in aviation security fees to the Aviation
Security Capital Fund for the installation of in-line
electronic screening systems for the enhanced screening of
checked baggage at airports. The provision also bolsters the
existing Letter of Intent (LOI) program, through changes in
funding allocation requirements and requiring the creation of a
prioritization schedule for planned projects.
The Conference substitute adopts the Senate provision, as
modified to require annual dedication, through Fiscal Year
2028, of $250 million of the amounts currently collected in
aviation security fees to the Aviation Security Capital Fund
for the installation of in-line electronic screening systems
for the enhanced screening of checked baggage at airports.
Four-fifths of the annual allotment--not less than $200
million--must be committed to the completion of LOIs, while the
remaining funds may be distributed in a discretionary manner to
fund such projects, in a priority manner, at small and non-hub
airports. It also promotes leveraged funding for such projects,
and to permit airports that have incurred eligible costs to
improve baggage screening at their facilities to pursue
reimbursement of such costs from TSA.
The Conference strongly believes that this program should
be managed as outlined in the legislation and that TSA and the
Administration must have a 20-year horizon for the LOIs, rather
than a limited short-term view which would have detrimental
effects on the ability of airports to obtain requisite funding
from the financial bond markets. The Conference believes that
airports may not renegotiate previously agreed-upon Government
contributions, through LOIs, or any other applicable
arrangement, for in-line EDS systems.
Section 1605. Strategic plan to test and implement advanced passenger
prescreening system
Section 409 of the House bill requires the Department,
within 90 days of enactment, to submit a strategic plan to
Congress that describes the system to be utilized for comparing
passenger information to watch lists; explain the integration
with international flights; and provide a projected timeline
for testing and implementation its advanced passenger
prescreening system.
Section 1472 of the Senate bill requires the Department,
within 180 days of enactment, to submit a strategic plan to
Congress that describes the system to be utilized for comparing
passenger information to watch lists; explains the integration
with international flights; and provides a projected timeline
for testing and implementation its advanced passenger
prescreening system. In addition, the provision requires that a
report by the GAO be issued to Congress within 90 days of
enactment. This report must describe progress made in
implementing Secure Flight; the effectiveness of the appeals
process; integration with the international flight pre-
screening program operated by Customs and Border Protection
(CBP); and other relevant observations.
The Conference substitute adopts the House and Senate
provisions, as modified. The provision would require the
Department, in consultation with TSA, to submit a strategic
plan to Congress, within 120 days of enactment of the
legislation, that includes timelines for testing and
implementation of its advanced passenger prescreening system.
In addition, a GAO report must be issued to Congress within 180
days to review, inter alia, the implementation of Secure Flight
by the Department; the effectiveness of the appeals process;
integration with the international flight pre- screening
program operated by the CBP.
Section 1606. Appeal and redress process for passengers wrongly delayed
or prohibited from boarding a flight
Section 407 of the House bill directs DHS to create an
Office of Appeals and Redress to establish and administer a
timely and fair process for airline passengers who believe they
have been delayed or prohibited from boarding a passenger
flight because they have been misidentified against the ``No-
Fly'' or ``Selectee'' watch lists. The Office of Appeals and
Redress must establish a presence at each airport to begin the
appeals process for those passengers wrongly identified against
watch lists.
Section 1471 of the Senate bill directs DHS to create an
Office of Appeals and Redress to establish and administer a
timely and fair process for airline passengers who believe they
have been delayed or prohibited from boarding a passenger
flight because they have been misidentified against the ``No-
Fly'' or ``Selectee'' watch lists.
The Conference substitute combines the House and Senate
provisions, as modified. It creates the Office in DHS to ensure
an adequate appeal and redress process in place for passenger
wrongly identified against watch lists, and to increase privacy
protections for individuals. The provision requires Federal
employees within DHS handling personally identifiable
information (PII) of passengers to complete mandatory privacy
and security training. In addition, the provision requires that
DHS ensure that airline passengers are able to initiate the
redress process at airports with a significant TSA presence.
Section 1607. Strengthening explosives detection at passenger screening
checkpoints
Section 404 of the House bill directs TSA to issue,
within 7 days, a strategic plan, as required by the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458), for the deployment of explosives
detection equipment at airport checkpoints.
Section 1470 of the Senate bill directs DHS to issue,
within 90 days after enactment, a strategic plan, as required
by the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458), for the deployment of explosives
detection equipment at airport checkpoints. It also requires
TSA to begin full implementation of the strategic plan within 1
year of its submission.
The Conference substitute adopts a combination of the
House and Senate provisions, as modified. It directs DHS, in
consultation with TSA, to issue a strategic plan for the
deployment of explosives detection equipment at airport
checkpoints within 30 days of enactment, and requires the TSA
to begin implementation of the plan within 1 year of its
submission.
Section 1608. Research and development of aviation transportation
security technology
There is no comparable House provision.
Section 1467 of the Senate bill extends an authorization
for research and development spending for aviation security
technology at a level of $50 million through Fiscal Year 2009.
The Conference substitute adopts the Senate provision, as
modified to authorize research and development funding for
aviation security technology at a level of $50 million through
Fiscal Year 2011.
Section 1609. Blast-resistant cargo containers
There is no comparable House provision.
Section 1463 of the Senate bill requires TSA to develop a
system by which the Administrator provides blast-resistant
cargo containers to commercial passenger air carriers for use,
on a random or risk-assessed basis, as determined by the
agency. The cargo containers must be acquired by TSA within 90
days of the agency's completion of development of the system.
The Conference substitute adopts the Senate provision, as
modified. It requires TSA to evaluate and distribute a report
to Congress and the air carrier industry that includes the
results of its blast resistant cargo container pilot program.
After reporting, TSA must develop and implement a program
consistent with the results of the evaluation to acquire the
necessary blast resistant cargo containers and make them
available to air carriers on a risk-assessed basis, as
determined appropriate by the Administrator.
Section 1610. Protection of passenger planes from explosives
There is no comparable House provision.
Section 1464 of the Senate bill directs DHS to expedite
research and development pilot projects that advance technology
to protect passenger planes from the threat of explosive
devices. It also requires the establishment of a grant program
to fund projects the agency develops through this process, with
an authorization for such sums as necessary for Fiscal Year
2008.
The Conference substitute adopts the Senate provision, as
modified. It requires DHS, in consultation with TSA, to develop
pilot projects that advance technology for protecting passenger
planes from the threat of explosive devices and to establish a
grant program to fund projects developed under the program with
an authorization for fiscal year 2008.
Section 1611. Specialized training
There is no comparable House provision.
Section 1469 of the Senate bill requires TSA to provide
specialized training to Transportation Security Officers for
the development of advanced security skills, including behavior
observation, explosives detection and document verification.
The Conference substitute adopts the Senate provision. It
requires TSA to provide specialized training to Transportation
Security Officers for the development of advanced security
skills, including behavior observation, explosives detection
and document verification, to enhance the effectiveness of
layered transportation security measures.
Section 1612. Certain TSA personnel limitation not to apply
There is no comparable House provision.
To ensure that the agency is properly staffed at a level
necessary to screen travelers as air passenger traffic numbers
continue to increase, Section 1468 of the Senate bill removes
the arbitrary hiring cap on Transportation Security Officers of
45,000 full-time equivalent (FTE) employees that is currently
imposed on the TSA's screener workforce.
The Conference substitute adopts the Senate provision. It
removes the arbitrary screener cap of 45,000 full-time
equivalent (FTE) employees that is currently imposed on the
TSA's screener workforce so that the agency will be properly
staffed at a level necessary to screen travelers as air
passenger traffic numbers continue to increase.
Section 1613. Pilot project to test different technologies at airport
exit lanes
There is no comparable House provision. Section 1479 of
the Senate bill establishes a pilot program to test new
technologies for reducing the number of TSA employees at
airport exit lanes, and requires the TSA Administrator to brief
Congressional Committees, within 180 days, on the program, and
provide a final report within 1 year.
The Conference substitute adopts the Senate provision, as
modified. It directs TSA to conduct a pilot project, at no more
than two airports, to identify technologies to improve security
at airport exit lanes. The pilot program must ensure that the
level of safety remains at, or above, the existing level of
security at airports where the pilot program is initiated. TSA
must brief appropriate Congressional Committees on the pilot
program within 180 days of enactment on the pilot program, and
provide a report on the program to those Committees within 18
months of the program's implementation. The provision also
stipulates that this section shall be executed using existing
funds.
Section 1614. Security credentials for airline crews
There is no comparable House provision.
Section 1475 of the Senate bill mandates a report to
Congress, within 180 days of enactment, on the status of
efforts to institute a sterile area access system that will
grant flight deck and cabin crews expedited access to secure
areas through screening checkpoints. The report must include
recommendations to implement the program for the domestic
aviation industry within 1 year after the report is submitted,
and fully deploy the system within 1 year of the report's
submission.
The Conference substitute adopts the Senate provision, as
modified. It requires a report to Congress, within 180 days of
enactment of the Act, on the status of efforts to institute a
sterile area access system that will grant flight deck and
cabin crews expedited access to secure areas through screening
checkpoints. The report must include recommendations to
implement the program for the domestic aviation industry within
one year after the report is submitted, and fully deploy the
system within one year of the report's submission. In addition,
the provision lists the appropriate Committees of jurisdiction
in the provision's reporting requirements.
Section 1615. Law enforcement officer biometric credential
There is no comparable House provision.
Section 1477 of the Senate bill requires a credential or
system that incorporates biometric and other applicable
technologies to verify the identity of law enforcement officers
seeking to carry a weapon on board an aircraft.
The Conference substitute adopts the Senate provision, as
modified. It establishes, within 18 months of enactment, of a
Federally managed, national registered armed law enforcement
program for armed law enforcement officers traveling by
commercial aircraft. It also requires that a report be
submitted to Congress within 180 days of the program's
implementation or a report explaining to Congress why the
program has not been implemented with a further report every 90
days until the program becomes operational.
Section 1616. Repair station security
There is no comparable House provision.
Section 1473 of the Senate bill mandates that security
rules be put in place at foreign aviation repair stations,
within 90 days of passage of the Act, and that once security
rules are established, each repair station be reviewed and
audited within a 6-month period. If no action is taken within
90 days, the Administration will be prohibited from certifying
any further foreign repair stations until such regulations are
in place.
The Conference substitute adopts the Senate provision, as
modified. It requires that security rules be put in place at
foreign aviation repair stations within 1 year of passage and
that any security rules established be reviewed and audited
within a 6 month period. If no action is taken within 1 year,
the Administration will be prohibited from certifying any
foreign repair stations that are not presently certified or in
the process of certification until such regulations are in
place.
Section 1617. General aviation security
There is no comparable House provision.
Section 1474 of the Senate bill requires TSA to develop a
standardized threat and vulnerability assessment program for
general aviation (GA) airports within 1 year, and create a
program to perform such assessments at GA airports in the
United States on a risk-assessed basis. TSA must also study the
feasibility of a grant program for GA airport operators to fund
key projects to upgrade security at such facilities, and
establish that program if feasible. It further requires TSA to
develop a program, within 6 months, under which foreign
registered GA aircraft must submit passenger information to TSA
to be checked against appropriate watch list databases prior to
entering the United States.
The Conference substitute adopts the Senate provision. It
requires TSA to develop a standardized threat and vulnerability
assessment program for GA airports within one year, and create
a program to perform such assessments at GA airports in the
United States on a risk-assessed basis. TSA must also study the
feasibility of a grant program for GA airport operators to fund
key projects to upgrade security at such facilities, and
establish that program if feasible. The provision requires TSA
to develop a program, within six months, under which GA
aircraft originating from a foreign location must submit
passenger information to TSA to be checked against appropriate
watch list databases prior to entering the United States.
Section 1618. Extension of authorization for aviation security funding.
Section 405 of the House bill provides an extension for
aviation security funding through Fiscal Year 2011.
Section 1461 of the Senate bill provides an extension for
aviation security funding through Fiscal Year 2009.
The Conference substitute combines the House and Senate
provisions, as modified to extend aviation security funding
through Fiscal Year 2011, corresponding to the time limits and
other authorizations within the bill.
TITLE XVII--MARITIME CARGO
Section 1701. Container scanning and seals
Section 501 of the House bill prohibits a container from
entering the United States unless the container is scanned and
secured with a seal that uses the best available technology,
including technology to detect any breach of the container and
record the time of that breach. The Secretary of Homeland
Security (the Secretary) must establish standards for scanning
and sealing containers, and must review and revise those
standards at least once every two years. This section requires
all countries (those exporting 75,000 or more twenty-foot
equivalent units (TEU)) scan and seal containers within three
years of the date of enactment. All other countries must scan
and seal container within five years. The Secretary may extend
the deadline for a port by one year.
Section 905 of the Senate bill amends Section 232 of the
SAFE Port Act of 2006 to require the Secretary develop a plan,
which includes benchmarks, for scanning 100 percent of the
containers destined for the United States using integrated
scanning systems developed in the pilot program authorized in
that section. It also requires that the plan incorporate
existing programs, such as the Container Security Initiative
and the Customs-Trade Partnership Against Terrorism.
The Conference substitute adopts the House provision, as
modified. This provision amends Section 232 of the SAFE Port
Act of 2006 to require full-scale implementation of the 100
percent scanning system pilot program required by that section
no later than July 1, 2012. However, the Secretary is
authorized to extend the deadline by two years, and may renew
the extension in additional two-year increments, if the
Secretary certifies to Congress that particular conditions can
not be met. The provision provides a waiver for U.S. and
foreign military cargo. It also requires the Secretary consult
with other appropriate Federal agencies to ensure that actions
taken under this section do not violate international trade
obligations.
This substitute also amends section 204(a)(4) of the SAFE
Port Act by requiring the Secretary to issue an interim rule to
establish minimum standards and procedures for securing
containers in transit to the United States not later than April
1, 2008. If the Secretary fails to meet that deadline, this
section requires that effective October 15, 2008, and until
such interim rule is issued, all containers in transit to the
United States shall be required to meet the requirements of
International Organization for Standardization Publicly
Available Specification 17712 standard for sealing containers.
The Conference expects the Secretary to work with the
Secretary of State, the United States Trade Representative, and
other appropriate Federal officials to work with our
international partners and international organizations such as
the World Customs Organization to establish an international
framework for scanning and securing containers.
The Conference is aware that the Department of Energy
(DOE) has inherent capabilities to assess, through its
cooperative agreements with numerous countries and port
authorities, the adequacy of technical and operating procedures
for cargo container scanning. To ensure smooth continuation of
DOE's cooperative relationships with numerous countries and the
further expansion of the Megavolts Second Line of Defense
(SLEDDED) programs, the Conference expects that DHS and DOE
shall closely coordinate their activities and consult prior to
the establishment of technological or operational standards by
the Secretary of Homeland Security. As part of the coordination
requirement in this section, the Conference expects that where
the scanning technology standards affect the DOE's Megavolts
and SLEDDED programs, the Secretary shall invite the DOE to
participate in the development and final review of such
standards, and the Secretary of Homeland Security shall seek
the concurrence of the Secretary of Energy.
TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM
Section 1801. Findings
Section 1201 of the House bill contains findings and
recommendations of the 9/11 Commission.
There is no comparable Senate provision.
The Conference substitute adopts the House provision with
respect to the recommendations of the 9/11 Commission.
The Conference notes that in late 2005 the members of the
9/11 Commission also made the following determinations: (1) The
United States Government has made insufficient progress, and
deserves a grade ``D'', on efforts to prevent weapons of mass
destruction (W.D.) proliferation and terrorism. (2) The
Cooperative Threat Reduction (CAR) Program has made significant
accomplishments but much remains to be done to secure weapons-
grade nuclear materials. The size of the problem still dwarfs
the policy response. Nuclear materials in the Former Soviet
Union still lack effective security protection, and sites
throughout the world contain enough highly-enriched uranium to
fashion a nuclear device but lack even basic security features.
(3) Preventing the proliferation of W.D. and acquisition of
such weapons by terrorists warrants a maximum effort, by
strengthening counter-proliferation efforts, expanding the
Proliferation Security Initiative (PSI), and supporting the CAR
Program. (4) Preventing terrorists from gaining access to W.D.
must be an urgent national security priority because of the
threat such access poses to the American people. The President
should develop a comprehensive plan to dramatically accelerate
the timetable for securing all nuclear weapons-usable material
around the world and request the necessary resources to
complete this task. The President should publicly make this
goal his top national security priority and ensure its
fulfillment. (5) Congress should provide the resources needed
to secure vulnerable materials as quickly as possible.
Section 1802. Definitions
Section 1202 of the House bill defines terms used
throughout Title XII of the House bill.
There is no comparable Senate provision.
The Conference substitute adopts the House provision,
with an amendment to clarify the term ``items of proliferation
concern'' and makes a further clarifying change.
Section 1811. Repeal and modifications of limitations on assistance for
prevention of weapons of mass destruction proliferation and
terrorism
Section 1211 of the House bill repeals and modifies
various conditions on assistance to former Soviet States under
the Department of Defense Cooperative Threat Reduction (CAR)
Program and the Department of Energy Defense Nuclear
Nonproliferation programs. Section 1211 would also repeal the
cap on Department of Defense CAR program assistance outside the
former Soviet Union, with respect to prior year funds, as well
as Department of Energy nonproliferation program assistance
outside the former Soviet Union, while increasing oversight of
such programs.
There is no comparable Senate provision.
The Conference substitute adopts the House provision,
with an amendment that removes the repeal and modification of
various conditions on assistance to States outside the former
Soviet Union under the Department of Energy nonproliferation
programs; removes the repeal of the funding cap on Department
of Defense CAR assistance outside the former Soviet Union; and
makes a clarifying change.
The Conference notes that substitute is consistent with
the recommendations of the 9/11 Commission regarding the need
to expand, improve, and otherwise fully support the Department
of Defense CAR Program and other efforts to prevent weapons of
mass destruction proliferation and terrorism.
The Conference further notes that the National Defense
Authorization Act for Fiscal Year 2008, as passed by the House
of Representatives (Report 110-146, May 11, 2007) and the
National Defense Authorization Act for Fiscal Year 2008, as
reported by the Senate Armed Services Committee (Report 110-77,
June 5, 2007) both address the matters contained in this
provision, including the funding cap on Department of Defense
CAR assistance outside the former Soviet Union, and the
Conferees expect that any final national defense authorization
act for Fiscal Year 2008, as enacted, will further address
these matters.
Section 1821. Proliferation security initiative improvements and
authorities
Section 1221 of the House bill expresses the sense of
Congress that, consistent with the recommendations of the 9/11
Commission, the President should strive to expand and
strengthen the Proliferation Security Initiative (PSI). Section
1221 also requires the Secretary of Defense, in coordination
with the Secretary of State and the head of any other Federal
Department or Agency involved with PSI-related activities, to
submit to the Congressional defense Committees a defined budget
for the PSI, beginning with the Department of Defense budget
submission for fiscal year 2009. Section 1221 further requires
the President to submit to the relevant Congressional
Committees, not later than 180 days after the enactment of
H.R.1, as passed by the House of Representatives (H.R.1 EH,
January 9, 2007), a report on the implementation of section
1221, including steps taken to implement the recommendations of
the Government Accountability Office (GAO) in the September
2006 Report titled ``Better Controls Needed to Plan and Manage
Proliferation Security Initiative Activities''. Section 1221
also directs GAO to submit to Congress, beginning in fiscal
year 2008, an annual report on its assessment of the progress
and effectiveness of the PSI.
There is no comparable Senate provision.
The Conference substitute adopts the House provision,
with an amendment that narrows the scope of the sense of
Congress; clarifies the annual budget submission; requires each
budget submission to be accompanied by a report on PSI funding
and activities; changes the GAO report to a biannual report for
2007, 2009 and 2011; and makes clarifying and technical
changes.
The Conference recognizes that the annual budget request
and the accompanying report for the PSI, required by the
substitute, may not be fully inclusive of all funding required
for PSI-related activities during the fiscal year for the
budget request given unknown PSI-related activities that may
arise throughout the fiscal year. However, the Conference
expects the budget request and accompanying report to include
all reasonably known obligations, costs and expenditures for
PSI-related activities for the fiscal year of the budget
request.
The Conference believes that in order to effectively
expand and strengthen the PSI, the United States should work
with the international community to strengthen the PSI under
international law and other international legal authorities. It
is important for the United States and other PSI partners to
seek greater international recognition of the need to conduct
PSI-related activities within certain international areas, so
that international waters and airspace do not become ``transit
sanctuaries'' for countries, terrorist organizations, and
unscrupulous businesses and individuals seeking to transfer
items of proliferation concern. One promising avenue could be
to encourage the U.N.'s ``1540 Committee,'' which is charged
with monitoring international compliance with United Nations
Security Council Resolution 1540 promoting nonproliferation, to
recognize and endorse the need and ability of PSI partners to
monitor and, in appropriate circumstances, interdict such
shipments.
Section 1822. Authority to provide assistance to cooperative countries
Section 1222 of the House bill authorizes the President
to, notwithstanding any other provision of law, provide Foreign
Military Financing, International Military Education and
Training, and draw down of excess defense articles and services
to any country, for a maximum of three years, that cooperates
with the United States and with other countries allied with the
United States to prevent the transport and transshipment of
items of proliferation concern in its national territory or
airspace or in vessels under its control or registry. Such
assistance would be provided to enhance the capability of the
recipient country to prevent the transport and transshipment of
items of proliferation concern in its national territory or
airspace, or in vessels under its control or registry,
including through the development of a legal framework in that
country, consistent with any international laws or legal
authorities governing the PSI, to enhance such capability by
criminalizing proliferation, enacting strict export controls,
and securing sensitive materials within its borders, and to
enhance the ability of the recipient country to cooperate in
operations conducted with other participating countries. Such
assistance could only be provided in accordance with existing
procedures regarding reprogramming notifications under section
634A(a) of the Foreign Assistance Act of 1961. Finally, this
section prohibits the transfer of any excess defense vessel or
aircraft to a country until reprogramming notice is made, if
that country has not agreed that it will support and assist
efforts by the United States to interdict items of
proliferation concern.
There is no comparable Senate provision.
The Conference substitute adopts the House provision,
with an amendment that narrows the authority and adds an
exemption to the limitation on an excess vessel or aircraft
transfer if such transfer does not involve significant military
equipment and the primary use of the vessel or aircraft will be
for counter-narcotics, counter-terrorism or counter-
proliferation purposes.
The Conference intends that assistance provided pursuant
to this section shall remain subject to all existing law
regarding the authorities listed in subsection (b) of this
section. Thus, for example, the normal Congressional
notification and review procedures will apply, as well as
limitations related to human rights or military coups.
Section 1831. Findings; Statement of policy
Section 1231 of the House bill contains findings and a
statement of policy regarding assistance to accelerate programs
to prevent weapons of mass destruction proliferation and
terrorism. Section 1231 emphasizes that it shall be the policy
of the United States, consistent with the 9/11 Commission's
recommendations, to eliminate any obstacles to timely
obligating and executing the full amount of any appropriated
funds for threat reduction and nonproliferation programs in
order to accelerate and strengthen progress on preventing
weapons of mass destruction proliferation and terrorism, and
that such policy shall be implemented with concrete measures
such as those described in Title XII of H.R. 1, as passed by
the House of Representatives (H.R.1 EH, January 9, 2007).
There is no comparable Senate provision.
The Conference substitute adopts the House provision with
respect to the policy of the United States to eliminate any
obstacles to timely obligating and executing the full amount of
any appropriated funds for threat reduction and
nonproliferation programs, and the implementation of such
policy with concrete measures.
The Conference notes that certain U.S. threat reduction
and nonproliferation programs have in past years encountered
obstacles to timely obligating and executing the full amount of
appropriated funds, and have therefore maintained unobligated
and uncosted balances. Such obstacles have included lack of
effective policy guidance, limits on program scope, practical
inefficiencies, lack of cooperation with other countries, and
lack of effective leadership to overcome such obstacles. The
Conference also notes that although currently most Department
of Defense Cooperative Threat Reduction and Department of
Energy National Nuclear Security Administration
nonproliferation programs are timely obligating and executing
appropriated funds, the Department of Defense and the
Department of Energy should ensure that this practice continues
as such threat reduction and nonproliferation programs are
accelerated, expanded and strengthened.
Section 1832. Authorization of Appropriations for the Department of
Defense Cooperative Threat Reduction Program
Section 1232 of the House bill authorizes to be
appropriated to the Department of Defense Cooperative Threat
Reduction (CAR) Program such sums as may be necessary for
Fiscal Year 2007 for biological weapons proliferation
prevention; chemical weapons destruction at Shchuch'ye; and to
accelerate, expand and strengthen CAR Program activities.
There is no comparable Senate provision.
The Conference substitute adopts the House provision,
with an amendment that changes the fiscal year of the
authorization of appropriations to the Department of Defense
CAR Program to Fiscal Year 2008; and clarifies that any sums
appropriated pursuant to such authorization may not exceed the
amounts authorized to be appropriated for such purposes by any
national defense authorization act for Fiscal Year 2008.
The Conference expects that any national defense
authorization act for 2008 will authorize specific amounts to
be appropriated for the Department of Defense CAR Program for
Fiscal Year 2008.
Section 1833. Authorization of Appropriations for the Department of
Energy Programs to Prevent Weapons of Mass Destruction
Proliferation and Terrorism
Section 1233 of the House bill authorizes to be
appropriated to the Department of Energy National Nuclear
Security Administration such sums as may be necessary for
Fiscal Year 2007 nonproliferation programs.
There is no comparable Senate provision.
The Conference substitute adopts the House provision,
with an amendment that changes the fiscal year of the
authorization of appropriations to Department of Energy
National Nuclear Security Administration nonproliferation
programs to Fiscal Year 2008; addresses specific purposes for
any such authorization of appropriations in report language
below; and clarifies that any sums appropriated pursuant to
such authorization may not exceed the amounts authorized to be
appropriated for such purposes by any national defense
authorization act for Fiscal Year 2008.
The Conference expects that any national defense
authorization act for 2008 will authorize specific amounts to
be appropriated for Department of Energy National Nuclear
Security Administration nonproliferation programs for Fiscal
Year 2008.
The Conference notes that high priority Department of
Energy National Nuclear Security Administration
nonproliferation programs that could use additional funding
include:
(1) The Global Threat Reduction Initiative (GTRI), for
(A) the Russian research reactor fuel return program; (B)
conversion of research and test reactors from the use of highly
enriched uranium to low-enriched uranium; (C) development of
alternative low-enriched uranium fuels; (D) international
radiological threat reduction, including security of vulnerable
radiological sites, recovery and removal of unsecured
radiological sources, and activities to address concerns and
recommendations of the Government Accountability Office, in its
report of March 13, 2007 titled ``Focusing on the Highest
Priority Radiological Sources Could Improve DOE's Efforts to
Secure Sources in Foreign Countries''; (E) emerging threats and
sensitive nuclear materials not covered by other GTRI programs
(``gap material''), including removal and disposal of highly-
enriched uranium and plutonium, and development of mobile
equipment that enables rapid-response teams to quickly secure
and remove nuclear materials and denuclearize comprehensive
nuclear weapons programs; and (F) United States radiological
threat reduction, including development of alternative
materials for radiological sources that could be used in a
radiological dispersion device, known as a ``dirty bomb'', and
securing and storing excess and unwanted domestic radiological
sources within United States borders.
(2) Nonproliferation and International Security, to be
used for (A) technical support to the six-party process on the
denuclearization of the Democratic People's Republic of Korea;
(B) application and deployment of technologies to detect
weapons of mass destruction (W.D.) proliferation and verify
W.D. dismantlement; (C) efforts to strengthen nuclear
safeguards, including improved safeguards analysis capabilities
for the International Atomic Energy Agency and research and
development on the next generation of nuclear safeguards, and
W.D. export control systems in foreign countries, including
technical and other support to the International Atomic Energy
Agency's efforts to build the capacity of countries to
implement United Nations Security Council Resolution 1540; (D)
training of border, customs and other officials in foreign
countries to detect and prevent theft or other illicit transfer
of W.D. or W.D.-related materials; (E) re-direction of
displaced scientists and other personnel with expertise
relating to W.D. research and development to sustained civil
employment, including in Iraq, Libya and Russia; and (F)
activities relating to the Proliferation Security Initiative
(PSI) and other W.D. interdiction programs.
(3) International Materials Protection and Cooperation,
to be used for (A) implementation of physical protection and
material control and accounting upgrades at sites; (B) national
programs and sustainability activities in Russia, including
activities to address concerns and recommendations of the
Government Accountability Office in its report of February 2007
titled ``Progress Made in Improving Security at Russian Nuclear
Sites, but the Long-Term Sustainability of U.S. Funded Security
Upgrades is Uncertain''; (C) material consolidation and
conversion (including consolidation of excess highly-enriched
uranium and plutonium into fewer more secure locations in
Russia, and conversion of highly-enriched uranium to low-
enriched uranium in Russia); and (D) deployment and support of
radiation detection equipment at key ports of transit, and
implementation of Department of Energy actions under the
Security and Accountability for Every Port Act of 2006 (also
known as the SAFE Port Act; Public Law 109-347), under the
Second Line of Defense Megavolts program.
(4) Nonproliferation and Verification Research and
Development, to be used for (A) development of technologies to
detect and analyze activities relating to the global
proliferation of W.D., including plutonium reprocessing,
uranium enrichment, and special nuclear material movement; and
(B) nuclear explosion monitoring, including improved nuclear
material and debris analysis capabilities and research and
development on improved domestic and world-wide nuclear
material and debris collection capabilities.
Section 1841. Office of the United States Coordinator for the
Prevention of Weapons of Mass Destruction Proliferation and
Terrorism
Section 1241 of the House bill establishes a Presidential
Coordinator to improve the effectiveness of United States
strategy and policies on weapons of mass destruction (W.D.)
nonproliferation and threat reduction programs. The
Coordinator's duties would include serving as the principal
advisor to the President, formulating a comprehensive and well-
coordinated U.S. strategy for preventing W.D. proliferation and
terrorism, and coordinating inter-agency action on these
matters. The Coordinator would also conduct oversight and
evaluation of relevant programs across the government and
develop a comprehensive budget for such programs. Section 1241
would also direct the Coordinator to consult regularly with the
Commission on the Prevention of W.D. Proliferation and
Terrorism, established under House section 1251, and to submit
to Congress, for Fiscal Year 2009 and each fiscal year
thereafter, an annual report on the strategic plan required
under this section.
There is no comparable Senate provision.
The Conference substitute adopts the House provision,
with an amendment that strengthens the role of the Coordinator,
by providing that the Coordinator may attend and participate in
meetings of the National Security Council and the Homeland
Security Council. It also makes clarifying and technical
changes.
Section 1842. Sense of Congress on United States-Russia Cooperation and
Coordination on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism
Section 1242 of the House bill expresses a sense of
Congress that the President should request the President of the
Russian Federation to designate a Russian official having the
authorities and responsibilities for preventing weapons of mass
destruction (W.D.) proliferation and terrorism, commensurate
with those of the U.S. Coordinator for these matters,
established under House section 1241, and with whom the U.S.
Coordinator would interact.
There is no comparable Senate provision.
The Conference substitute adopts the House provision,
with an amendment that expresses a sense of Congress that the
President should engage Russia's President in a discussion of
the purposes and goals for the establishment of the Office of
the United States Coordinator for the Prevention of Weapons of
Mass Destruction and Terrorism; the authorities and
responsibilities of the U.S. Coordinator; and the importance of
strong cooperation between the U.S. Coordinator and a senior
Russian official having authorities and responsibilities for
preventing W.D. destruction and terrorism, and with whom the
U.S. Coordinator would interact.
Section 1851. Establishment of Commission on the Prevention of Weapons
of Mass Destruction Proliferation and Terrorism
Section 1251 of the House bill establishes a
Congressional-Executive Commission on the Prevention of Weapons
of Mass Destruction Proliferation and Terrorism.
There is no comparable Senate provision.
The Conference substitute adopts the House provision.
Section 1852. Purposes of commission
Section 1252 of the House bill specifies that the
purposes of the commission established in House section 1251
are to assess current United States and international
nonproliferation activities and provide a comprehensive
strategy and concrete recommendations for such activities.
There is no comparable Senate provision.
The Conference substitute adopts the House provision.
Section 1853. Composition of commission
Section 1253 of the House bill specifies the composition
of the commission established in House Section 1251, including
the appointment of co-chairmen of the commission.
There is no comparable Senate provision.
The Conference substitute adopts the House provision,
with an amendment that creates one chairman of the commission,
rather than co-chairmen, and makes other changes to membership
structure. The substitute also specifies qualifications for
commission members; and makes clarifying the technical changes.
Section 1854. Responsibilities of commission
Section 1254 of the House bill specifies the
responsibilities of the commission established under section
1251, including assessment of United States interagency
coordination and commitments to international regimes. House
Section 1254 also specifies that the commission shall reassess,
and where necessary update and expand on, the conclusions and
recommendations of the report titled ``A Report Card on the
Department of Energy's Nonproliferation Programs with Russia''
of January 2001 (also known as the ``Baker-Cutler Report'').
There is no comparable Senate provision.
The Conference substitute adopts the House provision.
Section 1855. Powers of commission
Section 1255 of the House bill specifies the powers and
responsibilities of the commission established under section
1251 of that bill.
There is no comparable Senate provision.
The Conference substitute adopts the House provision,
with an amendment that authorizes staff for the commission.
Section 1856. Nonapplicability of Federal Advisory Committee Act
Section 1256 of the House bill specifies that the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
commission established under section 1251.
There is no comparable Senate provision.
The Conference substitute adopts the House provision.
Section 1857. Report
Section 1257 of the House bill requires, not later than
180 days after the appointment of the commission established
under section 1251 of that bill, the commission to submit to
the President and Congress a final report containing the
commission's findings, conclusions and recommendations.
There is no comparable Senate provision.
The Conference substitute adopts the House provision.
Section 1858. Termination
Section 1258 of the House bill requires all authorities
relating to the commission established under section 1251 to
terminate 60 days after the date on which the commission's
final report under House section 1257 is submitted.
There is no comparable Senate provision.
The Conference substitute adopts the House provision.
Section 1859. Funding
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute adopts a provision that
specifically authorizes such sums as may be necessary for the
purposes of the activities of the commission under this title.
TITLE XIX--INTERNATIONAL COOPERATION OF ANTITERRORISM TECHNOLOGIES
Section 1901. Promoting Antiterrorism Capabilities through
International Cooperation
There is no comparable House provision. However, the
House has twice passed legislation to establish a Science and
Technology Homeland Security International Cooperative Programs
Office (Office). Specifically, the House passed H.R. 4942
during the 109th Congress, and H.R. 884, a slightly modified
version of H.R. 4942, during the 110th Congress.
Section 1301 of the Senate bill directs the Department of
Homeland Security's (Department) Under Secretary for Science
and Technology (S&T) to establish the Science and Technology
Homeland Security International Cooperative Programs Office.
The purpose of the Office is to facilitate the planning,
development, and implementation of international cooperative
activities, such as joint research projects, exchange of
scientists and engineers, training of personnel, and
conferences, in support of homeland security.
The Conference substitute adopts the Senate provisions,
with minor modifications.
The Conference substitute directs the Under Secretary for
S&T to establish an Office to promote cooperation between
entities of the United States and its allies in the global war
on terrorism for the purpose of engaging in cooperative
endeavors focused on the research, development, and
commercialization of high-priority technologies intended to
detect, prevent, respond to, recover from, and mitigate against
acts of terrorism and other high consequence events and to
address the homeland security needs of Federal, State, and
local governments. The Office, located within the Department's
S&T Directorate, is responsible for: promoting cooperative
research between the United States and its allies on homeland
security technologies; developing strategic priorities for
international cooperative activity and addressing them through
agreements with foreign entities; facilitating the matching of
U.S. entities engaged in homeland security research with
appropriate foreign research partners; ensuring funds and
resources expended for international cooperative activity are
equitably matched; and coordinating the activities of the
Office with other relevant Federal agencies. This provision
also requires the Office to submit a report every five years to
Congress on the S&T Directorate's international cooperative
activities.
This provision also directs the Department to identify
critical knowledge and technology gaps, if any, and establish
priorities for international cooperative activities to address
such gaps. The Department shall coordinate with other
appropriate research agencies in order to avoid creating
redundant activities. Specifically, it is understood that this
new office must coordinate its activities with the Department
of State and shall not infringe on the Department of State's
role as the agency with primary responsibility within the
Executive Branch for coordination and oversight over all major
science or science and technology agreements and activities
between the United States and foreign countries, in accord with
Title V of the Foreign Relations Authorization Act, Fiscal Year
1979. Further, any international agreements that the Department
wishes to negotiate and conclude in support of international
cooperative activity relating to homeland security would be
subject to the Case-Zablocki Act (1 U.S.C. Sec. 112b).
Section 1902. Transparency of Funds
There is no comparable House provision.
Section 1302 of the Senate bill requires the Director of
the Office of Management and Budget to ensure that all Federal
grants expended by the Office are done so in compliance with
the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282).
The Conference substitute adopts the Senate provision.
TITLE XX--INTERNATIONAL IMPLEMENTATION
Section 2001. Short title
The Conference substitute provides that Title XX of the
Act may be cited as the ``9/11 Commission International
Implementation Act of 2007.''
Section 2002. Definitions
Section 1402 of the House bill contains the definitions
applicable to Title XIV.
There is no comparable Senate provision.
The Conference substitute adopts the House provision, as
modified.
Section 2011. Findings; policy
Section 1411(a) of the House bill contains Congressional
findings.
There is no comparable Senate provision.
The Conference substitute adopts the House provision, as
modified. It describes the importance of education that teaches
tolerance and respect for different beliefs as a key element in
eliminating Islamic terrorism. The findings note that the
National Commission on Terrorist Attacks Upon the United States
concluded that ensuring education opportunity is essential to
U.S. efforts to defeat global terrorism and recommended that
the United States join other nations in providing funding for
building and operating primary and secondary schools in Muslim
countries where the governments of those countries commit to
sensibly investing financial resources in public education. The
findings also note that despite Congressional endorsement in
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458), such a program was not established. They
also declare that it is United States policy: to work toward
the goal of dramatically increasing the availability of modern
basic education through public schools in predominantly Muslim
countries; to join with other countries in supporting the
International Muslim Youth Opportunity Fund; to offer
additional incentives to increase the availability of basic
education in Arab and predominantly Muslim countries; and to
work to prevent financing of education institutions that
support radical Islamic fundamentalism.
Section 2012. International Muslim Youth Opportunity Fund
Section 1412 of the House bill amends section 7114 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) by establishing an International Muslim
Youth Opportunity Fund.
There is no comparable Senate provision.
The Conference substitute adopts the House provision, as
modified. It states the purpose is to strengthen the public
educational systems in predominantly Muslim countries by
authorizing the establishment of an International Muslim Youth
Opportunity Fund and providing resources for the Fund to help
strengthen the public educational systems in predominantly
Muslim countries. The new section authorizes the establishment
of an International Muslim Youth Opportunity Fund as either a
separate fund in the U.S. Treasury or through an international
organization or international financial institution; authorizes
the Fund to support specific activities, including assistance
to enhance modern educational programs; assistance for training
and exchange programs for teachers, administrators, and
students; assistance targeting primary and secondary students;
assistance for development of youth professionals; and other
types of assistance such as the translation of foreign books,
newspapers, reference guides, and other reading materials into
local languages and the construction and equipping of modern
community and university libraries; and authorizes such sums as
may be necessary for Fiscal Years 2008, 2009 and 2010 to carry
out these activities. This subsection also authorizes the
President to carry out programs consistent with these
objectives under existing authorities, including the Mutual
Educational and Cultural Exchange Act. This subsection requires
the President to prepare a report to Congress on the United
States' efforts to assist in the improvement of education
opportunities for Muslim children and youths as well as the
progress in establishing the International Muslim Youth
Opportunity Fund.
Section 2013. Annual report to Congress
Section 1413(a) of the House bill directs the Secretary
of State to prepare an annual report.
There is no comparable Senate provision.
The Conference substitute adopts the House provision, as
modified. It directs the Secretary of State to prepare an
annual report, not later than June 1 of each year until
December 31, 2009, on the efforts of predominantly Muslim
countries to increase the availability of modern basic
education and to close educational institutions that promote
religious extremism and terrorism. It also provides the
requirements for the annual report.
Section 2014. Extension of program to provide grants to American
sponsored schools in predominantly Muslim countries
Section 1414(a) of the House bill extends a program to
provide grants to American sponsored schools in predominantly
Muslim countries.
There is no comparable Senate provision.
The Conference substitute adopts the House provision, as
modified. It provides findings regarding the pilot program
established by section 7113 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458). It also
states that this program for outstanding students from lower-
income and middle-income families in predominantly Muslim
countries is being implemented. It also provides for amendments
to that section to extend the program for Fiscal Years 2007 and
2008, authorizes such sums as may be necessary for such years,
and requires a report in April 2008 about the progress of the
program.
Section 2021. Middle East Foundation
Section 1421(a) of the House bill deals with the Middle
East Foundation.
There is no comparable Senate provision.
The Conference substitute adopts the House provision, as
modified. It states the purpose of this section, which is to
support in the countries of the broader Middle East region, the
expansion of civil society, opportunities for political
participation of all citizens, protections for internationally
recognized human rights; educational reforms; independent
media, policies that promote economic opportunities for
citizens; the rule of law; and democratic processes of
government. It authorizes the Secretary of State to designate
an appropriate private, non-profit United States organization
as the Middle East Foundation and to provide funding to the
Middle East Foundation through the Middle East Partnership
Initiative. It also requires the Middle East Foundation to
award grants to persons located in the broader Middle East
region or working with local partners based in the region to
carry out projects that support the purposes specified in
subsection (a); and permits the Foundation to make a grant to a
Middle Eastern institution of higher education to create a
center for public policy. It also establishes the private
nature of the Middle East Foundation. It prevents the funds
provided to the Foundation from benefiting any officer or
employee of the Foundation, except as salary or reasonable
compensation for services. It also provides that the Foundation
may hold and retain funds provided in this section in interest-
bearing accounts. The Conference substitute requires annual
independent private audits, permits audits by the Government
Accountability Office, and requires audits of the use of funds
under this section by the grant recipient. This subsection also
directs the Foundation to prepare an annual report on the
Foundation's activities and operations, the grants awarded with
funds provided under this section, and the financial condition
of the Foundation. It defines the geographic scope of this
section. It also repeals section 534(k) of Public Law 109-102.
Section 2031. Advancing United States interests through public
diplomacy
Section 1431(a) of the House bill deals with advancing
U.S. interests through public diplomacy.
There is no comparable Senate provision.
The Conference substitute adopts the House provision, as
modified. It contains a finding that the National Commission on
Terrorist Attacks Upon the United States stated that the U.S.
Government initiated some promising initiatives in television
and radio broadcasting to the Arab world, Iran, and Afghanistan
and that these efforts are beginning to reach larger audiences.
It includes a sense of Congress that the United States needs to
improve its communication of ideas and information to people in
countries with significant Muslim populations, that public
diplomacy should reaffirm the United States commitment to
democratic principles, and that a significant expansion of
United States international broadcasting would provide a cost-
effective means of improving communications with significant
Muslim populations. It amends the United States International
Broadcasting Act of 1994 to include a provision establishing
special authority for surge capacity for U.S. international
broadcasting activities to support United States foreign policy
objectives during a crisis abroad. The provision also
authorizes such sums to carry out the surge capacity authority
and directs the Broadcasting Board of Governors to provide
information on the use of this authority, as part of an
existing annual report to the President and Congress.
Section 2032. Oversight of International broadcasting
There is no comparable House provision.
Section 1913 of the Senate bill requires the Board of
Broadcasting Governors to transcribe into English all
broadcasts by Voice of America, Radio Free Europe/Radio
Liberty, Radio Free Asia, Radio Farad, Radio Saw, Alhurra, and
the Office of Cuba Broadcasting.
The Conference substitute is a narrower version of the
Senate provision. It requires the Broadcasting Board of
Governors to initiate a pilot project to transcribe into the
English language news and information programming broadcast by
Radio Farad, Radio Saw, the Persia Service of the Voice of
America, and Alhurra. It also provides that this transcription
shall consist of random sampling and that the transcripts shall
be made available to Congress and the public. In addition, it
contains a reporting requirement and authorizes $2 million in
appropriations for this pilot project.
Section 2033. Expansion of United States scholarship, exchange, and
library programs in predominantly Muslim countries
Section 1433(a) of the House bill directs the Secretary
of State to prepare a report every 180 days until December 31,
2009, on the recommendations of the National Commission on
Terrorist Attacks Upon the United States,
There is no comparable Senate provision.
The Conference substitute adopts the House provision, as
modified. It directs the Secretary of State to prepare a report
every 180 days until December 31, 2009, on the recommendations
of the National Commission on Terrorist Attacks Upon the United
States for expanding U.S. scholarship, exchange, and library
programs in predominantly Muslim countries, including a
certification by the Secretary of State that such
recommendations have been implemented or if a certification
cannot be made, what steps have been taken to implement such
recommendations. It provides for the termination of the duty to
report when the certification pursuant to subsection (a) has
been submitted.
Section 2034. U.S. policy toward detainees
Section 1434 of the House bill deals with detainees.
There is no comparable Senate provision.
The Conference substitute adopts the House provision, as
modified. It provides findings that the 9/11 Commission
recommended that the United States develop a common coalition
approach toward detention and humane treatment of captured
terrorists, that a number of U.S. allies are conducting
investigations related to treatment of detainees and the
Secretary of State has launched an initiative to address the
differences between the United States and its allies. It
expresses the sense of Congress that the Secretary of State
should continue to build on the efforts to engage U.S. allies
in compliance with Common Article 3 of the Geneva Conventions
and other applicable legal principles, toward the detention and
humane treatment of individuals detained during Operation Iraqi
Freedom, Operation Enduring Freedom, or in connection with
United States counterterrorism operations. It also requires
that the Secretary keep the appropriate Congressional
committees fully informed of the developments of these
discussions and requires a report on the progress made 180 days
after enactment of this Act.
Section 2041. Afghanistan
Section 1441 of the House bill relates to Afghanistan.
There is no comparable Senate provision.
The Conference substitute adopts the House provision, as
modified. It describes Congressional findings, including that a
democratic, stable, and prosperous Afghanistan is vital to the
national security of the United States and to combating
international terrorism; that following the ouster of the
Taliban regime in 2001, the Government of Afghanistan has
achieved some notable successes; that there continue to be
factors that pose a serious and immediate threat to the
stability of Afghanistan; and that the United States and the
international community must significantly increase political,
economic, and military support to Afghanistan to ensure its
long-term stability and prosperity, and to deny violent
extremist groups such as al Qaeda sanctuary in Afghanistan. It
declares that it is the United States' policy to vigorously
support the Government and people of Afghanistan with
assistance and training, particularly in strengthening
government institutions, as they continue to commit to the path
toward a government representing and protecting the rights of
all Afghans.
Moreover, the Conference substitute declares that the
United States shall maintain its long-term commitment to the
people of Afghanistan by increased assistance and the continued
deployment of United States troops in Afghanistan. This section
also states that the President shall engage aggressively with
the Government of Afghanistan and NATO to explore all
additional options for addressing the narcotics crisis in
Afghanistan, including considering whether NATO forces should
change their rules of engagement regarding counter-narcotics
operations. In addition, this subsection declares that the
United States shall continue to foster greater understanding
and cooperation between the governments of Afghanistan and
Pakistan. This provision makes it a statement of Congress that
the Afghanistan Freedom Support Act of 2002 be reauthorized and
updated. It also directs the President to make increased effort
to improve the capability and effectiveness of police training
programs, including, if appropriate, by dramatically increasing
the numbers of United States and international police trainers,
mentors, and police personnel operating with Afghan civil
security forces and shall increase efforts to assist the
Government of Afghanistan in addressing corruption; and directs
the President to submit a report on the United States efforts
to fulfill the requirements in this subsection.
Section 2042. Pakistan
Section 1442 of the House bill relates to Pakistan's
commitment to fighting terrorism.
There is no comparable Senate provision.
The Conference substitute adopts the House provision, as
modified. It contains Congressional findings describing the
Government of Pakistan's commitment to combating international
terrorism and the critical issues threatening to disrupt the
relationship between the United States and Pakistan, undermine
international security, and destabilize Pakistan. The findings
also describe the publicly stated goals of Pakistan and their
close agreement with the national interests of the United
States and the opportunity for a shared effort in achieving
correlative goals. This provision also declares that it is the
policy of the United States to work with the Government of
Pakistan to maintain its long-term strategic relationship; to
combat international terrorism; to end the use of Pakistan as a
safe haven for forces associated with the Taliban; to
dramatically increase funding for programs of the U.S. Agency
for International Development and the Department of State; to
work with the international community to secure additional
financial and political support to assist the Government of
Pakistan in building a moderate, democratic State; to
facilitate greater cooperation between the Governments of
Afghanistan and Pakistan; and to work with the Government of
Pakistan to prevent the proliferation of nuclear technology.
The Conference substitute requires the President to
submit a report on the long-term strategy of the United States
to engage with the Government of Pakistan to address curbing
the proliferation of nuclear weapons technology, combating
poverty and corruption, building effective government
institutions, promoting democracy and the rule of law,
addressing the continued presence of the Taliban and other
violent extremist forces throughout the country, and
effectively dealing with Islamic extremism. This section also
prohibits the provision of United States security assistance to
Pakistan for Fiscal Year 2008 until the President determines
that the Government of Pakistan is committed to eliminating the
Taliban from operating in areas under its sovereign control, is
undertaking a comprehensive campaign to accomplish this goal,
and is making demonstrated, significant, and sustained progress
towards eliminating support or safe haven for terrorists, and
requires the President to submit a justification for any such
determination made.
Moreover, the Conference substitute provides a sense of
Congress that the national security interest of the United
States will best be served if the United States develops and
implements a long-term strategy to improve the United States'
relationship with Pakistan and works with Pakistan to stop
nuclear proliferation. It also authorizes such sums as may be
necessary for assistance for Pakistan in various different
accounts. This subsection also states that the determination of
the level of funds authorized to be appropriated be determined
by the degree to which the Government of Pakistan makes
progress in preventing terrorist organizations from operating
in Pakistan and in implementing democratic reforms and
respecting the independence of the press and the judiciary. In
addition, it requires a report to be submitted by the Secretary
of State describing the degree to which such progress has been
made. It also extends waivers of foreign assistance
restrictions with respect to Pakistan through the end of Fiscal
Year 2008 and includes a sense of Congress that extensions of
these waivers beyond Fiscal Year 2008 should be informed by
whether Pakistan makes progress in rule of law and other
democratic reforms and whether it holds a successful
parliamentary election.
Section 2043. Saudi Arabia
Section 1443 of the House bill contains Congressional
findings that the Kingdom of Saudi Arabia.
There is no comparable Senate provision.
The Conference substitute adopts the House provision, as
modified. It contains Congressional findings that the Kingdom
of Saudi Arabia's record in the fight against terrorism has
been uneven and that the United States has a national security
interest in working with the Government of Saudi Arabia to
combat international terrorists. This section also expresses a
sense of Congress that the Government of Saudi Arabia must
undertake a number of political and economic reforms in order
to more effectively combat terrorism. In addition, the
Conference substitute requires a report on United States long-
term strategy to engage with the Saudi Government to facilitate
reform, to combat terrorism and to provide an assessment on
Saudi progress to becoming a party to the International
Convention for the Suppression of the Financing of Terrorism
and on the activities and authority of the Saudi
Nongovernmental National Commission for Relief and Charity Work
Abroad.
TITLE XXI--ADVANCING DEMOCRATIC VALUES
Section 2101. Short title
Section 2101 of the Senate bill states that this title
may be referred to as the, ``Advance Democratic Values, Address
Nondemocratic Countries, and Enhance Democracy Act of 2007,''
or the ``ADVANCE Democracy Act of 2007.''
There is no comparable House provision.
The Conference substitute adopts the Senate provision,
with an amendment expanding and revising the findings in this
section.
Title XXI, which was title XIX of the Senate bill and has
no comparable House provision other than section 1421 of the
House bill, comprises the ADVANCE Democracy Act of 2007, which
gives statutory standing to the U.S. framework to strengthen
and institutionalize U.S. support for the promotion of
democratic principles and practices worldwide. Since the
President's speech at the National Endowment for Democracy on
November 6, 2003, and his second inaugural address on January
20, 2005, the Department of State has been taking steps to
strengthen U.S. Government democracy promotion programs. The
Conference recognizes that there are already a number of
experienced and dedicated career State Department officials who
focus their talents and energy on democracy promotion. The
Conference believes these efforts could be strengthened by
further institutionalizing the focus on the protection of human
rights and the promotion of democracy. In this sense, the
ADVANCE Democracy Act represents Congressional support for the
President's commitment to democracy promotion and the Secretary
of State's ongoing efforts to change the State Department
through the ``Transformational Diplomacy Initiative.'' The
Conference intends that the Act will contribute to making
democracy promotion a core element of U.S. foreign policy well
beyond the time when the President's term of office has been
completed.
The Conference substitute adopts the Senate provisions,
with amendments. The ADVANCE Democracy Act of 2007: (1)
establishes new Democratic Liaison Officers and requires the
Secretary to identify at least one office responsible for
supporting the new officers and providing liaison with both
U.S. and foreign non-governmental organizations; (2) endorses
long-term strategies for democracy promotion and human rights
protection for non-democratic and democratic transition
countries; (3) requires the Secretary to continue to enhance
training on democracy promotion and human rights protection for
members of the Foreign Service and other State Department
employees; (4) supports incentives for employees who excel in
democracy promotion and human rights protection; (5) encourages
Ambassadors and other members of the Foreign Service to reach
out to foreign audiences and engage robustly with foreign
government officials, media, non-governmental organizations,
and students in order to engage in discussions about U.S.
foreign policy, in particular democracy and human rights; (6)
supports efforts to work on democracy promotion through
international institutions, such as the UN Democracy Fund and
the Community of Democracies, and in cooperation with other
countries.
The ADVANCE Democracy Act of 2007 represents several
years of discussion with outside activists, democracy
practitioners, and the Department of State. It seeks to bridge
the differences between individuals and non-governmental
organizations that focus on the promotion of democracy and
those that focus on the protection of human rights. The
Conference believes that the work of these two groups of reform
advocates is mutually reinforcing.
Section 2102. Findings
There is no comparable House provision.
Section 1902 of the Senate bill contains Congressional
findings describing the need to promote democracy throughout
the world. The findings note that the development of universal
democracy constitutes a long-term challenge that goes through
unique phases at different paces in individual countries. It
requires reforms that go well beyond the holding of free
elections to include, among other institutions, a thriving
civil society, a free media, and an independent judiciary. The
findings state that the development of democracy must be led
from within countries themselves. This section also recognizes
that democracy and human rights activists are under increasing
pressure from authoritarian regimes and, in some cases, the
governments of democratic transition countries. While
recognizing that individuals, non-governmental organizations,
and movements in nondemocratic and democratic transition
countries must take the lead in making their own decisions, the
findings state that democratic countries have a number of
instruments to support such reformers and should cooperate with
each other to do so.
The Conference substitute adopts the Senate provision,
with an amendment expanding and revising the findings in this
section.
Section 2103. Statement of policy
There is no comparable House provision.
Section 1903 of the Senate bill declares that it is
United States policy: To promote freedom, democracy and human
rights as fundamental components of United States foreign
policy; to promote democratic institutions, including an
independent judiciary, an independent and professional media,
strong legislatures and a thriving civil society; to provide
appropriate support to individuals, non- governmental
organizations, and movements living in nondemocratic countries
and democratic transition countries that aspire to live in
freedom; to provide political, economic, and other support to
foreign countries that are undertaking a transition to
democracy; and to strengthen cooperation with other democratic
countries in order to better promote and defend shared values
and ideals.
The Conference substitute adopts the Senate provision,
with an amendment expanding and revising the statement of
policy in this section.
Section 2104. Definitions
There is no comparable House provision.
Section 1904 of the Senate bill provides definitions for
use in this title.
The Conference substitute adopts the Senate provision,
with an amendment adding or revising several definitions,
particularly by adding a definition of Nondemocratic or
Democratic Transition Country.
Subtitle A--Activities To Enhance the Promotion of Democracy
Section 2111. Democracy promotion at the Department of State
There is no comparable House provision.
Section 1911 of the Senate bill provides for the
establishment of Democracy Liaison Officers. It describes the
responsibilities of the Democracy Liaison Officers and
indicates that these positions should be in addition to, and
not in replacement of, other positions. Section 1911 also
provides that nothing in this subsection may be construed as
affecting Chief of Mission authority under any provision of
law, including the President's direction to Chiefs of Mission
in the exercise of the President's constitutional
responsibilities.
The Conference report adopts the Senate provision, with
an amendment.
In addition to the Democracy Liaison Officers described
above, the Conference substitute requires that the Secretary of
State identify at least one office in the Bureau of Democracy,
Human Rights, and Labor (DRL) responsible for working with
democratic movements and facilitating the transition of
countries to democracy, including having at least one employee
in each office specifically responsible for working with such
movements. This section provides for the identification of such
an office; describes the responsibilities of the Assistant
Secretary for DRL in this regard, which may be exercised
through this office; and provides that the Assistant Secretary
shall identify officers or employees in DRL that shall have
expertise in and responsibility for working with non-
governmental organizations, individuals and movements that are
committed to the peaceful promotion of democracy.
The Conference substitute also describes actions that
Chiefs of Missions should take to promote democracy. It
provides for the development of a strategy to promote democracy
in nondemocratic or democratic transition countries and to
provide support to non-governmental organizations, individuals
and movements in such countries that are committed to
democratic principles, practices, and values. It also provides
for meetings with leaders of nondemocratic and democratic
transition countries regarding progress toward a democratic
form of governance, encourages chiefs of missions to conduct
meetings with civil society, interviews with media and
discussions with students and young people regarding democratic
governance.
Moreover, the Conference substitute provides that the
Secretary of State should seek to increase the proportion of
DRL's nonadministrative employees who are members of the
Foreign Service and authorizes such sums as may be necessary to
carry out the provision.
The Conferees believe that the Democracy Liaison Officers
provided for in subsection (a) of the Conference substitute
should be selected with the concurrence of the Assistant
Secretary of Democracy, Human Rights and Labor in order to
ensure that appropriate individuals are put in those posts. The
Conferees also believe that more senior officials at posts
where there are significant human rights abuses should also be
selected with input from the Assistant Secretary for DRL.
The Conferees note that the Department of State, as part
of its Transformational Diplomacy Initiative, intends to reduce
or eliminate labor officers in posts abroad. While not
objecting to normal rotations and assignments designed to meet
the Secretary of State's priorities and reflect the changing
needs of host countries, the Conferees are concerned that
eliminating such positions would signal an abandonment of the
core consensus that has existed since the 1980's that the
promotion of democracy includes the promotion of the freedoms
of association and organization by laborers.
The Conferees observe that activists in other countries
sometimes are not sure whom to contact at the Department of
State to discuss local democracy and human rights issues; thus,
the Conferees intend that the Secretary of State have
discretion to either create a new office for this purpose or to
identify one or more existing offices with regional expertise
to be the points of contact for such activists. With respect to
the officers or employees in DRL that shall have expertise in
and responsibility for working with non-governmental
organizations, individuals and movements that are committed to
the peaceful promotion of democracy, as identified by the
Assistant Secretary for DRL, the Conferees expect that such
individuals would serve in the office or offices identified
pursuant to subpart (b)(1).
Finally, the Conferees believe that encouraging a greater
number of members of the Foreign Service to serve in DRL will
enhance democracy promotion.
Section 2112. Democracy Fellowship Program
There is no comparable House provision.
Section 1912 of the Senate bill, requested by the
Department of State, provides for a program to obtain an
additional perspective on democracy promotion abroad by working
with appropriate Congressional offices and Committees and in
non-governmental and international organizations involved in
democracy promotion.
The Conference substitute adopts the Senate provision,
with an amendment making some minor and conforming changes.
Section 2113. Investigations of violations of International
Humanitarian Law
There is no comparable House provision.
There is no comparable Senate provision.
The Conference substitute adopts a compromise provision,
regarding violations of international humanitarian law by
nondemocratic countries. This section requires the President to
collect information regarding incidents that may constitute
crimes against humanity, genocide and other violations of
international humanitarian law. It requires that the President
consider what actions he can take to hold governments and
responsible individuals accountable.
Subtitle B--Strategies and Reports on Human Rights and the Promotion of
Democracy
Section 2121. Strategies, priorities and Annual Report
Section 1421 of the House bill provides a statement of
policy on the importance of promoting democracy human rights
and requires country-by-country strategies to address the
elements in the statement of policy.
Section 1921 of the Senate bill changes the title of an
existing annual report, ``Supporting Human Rights and
Democracy'' (SHRD), which was required by the amendments made
by section 665 of the Foreign Relations Authorization Act of
2003, to ``Annual Report on Advancing Freedom and Democracy''
and changes the date on which that report needs to be
submitted.
The Conference substitute adopts the Senate provision,
with an amendment adding features of section 1421 of the House
bill and expanding the provisions of the Senate amendment. It
addresses the need for long-term strategies for the promotion
of democracy in nondemocratic and democratic transition
countries. This section commends the Secretary of State for the
ongoing country-specific strategies to promote democracy and
requires the Secretary of State to expand the development of
country-specific strategies to all nondemocratic and democratic
transition countries. It also provides that the Secretary of
State shall keep the appropriate Congressional Committees fully
and currently informed as strategies are developed.
The Conference substitute also provides that the report
shall include, as appropriate, United States: (1) priorities
for the promotion of democracy and the protection of human
rights for each non democratic country and democratic
transition country, developed in consultation with relevant
parties in such countries; and (2) specific actions and
activities of Chiefs of Missions and other U.S. officials to
promote democracy and protect human rights. This section also
extends the due date of the Annual Report.
The Conferees believe that the Department of State's
process for implementing subpart (a)(2) should incorporate both
short-term objectives and a long-term approach to
democratization. The Conferees intend for the Department of
State to fulfill the requirement of keeping the appropriate
Congressional Committees informed by briefing the Committees,
upon request, in addition to any hearings that Congress may
conduct.
The Conferees observe that the existing SHRD Report all
too often reflects a catalogue of program activities of the
U.S. Government over the past year without context or a
demonstration of what leadership the top U.S. representative is
exercising in the area of democracy promotion and human rights
protection. Also, the Report contains some country sections
where both U.S. priorities for assistance and actions by U.S.
officials are included. The Conferees expect that such
inconsistencies will be addressed by including both components
for each country described in the Report.
Section 2122. Translation of human rights reports
There is no comparable House Provision.
Section 1932 of the Senate bill requires the Secretary of
State to continue to expand the translation of various human
rights reports.
The Conference substitute adopts the Senate provision,
with an amendment making the translations mandatory and making
other minor changes to the Senate language.
The Conferees believe that the value of these reports
will be significantly enhanced if they are available in the
language of the country about which they are written. The
Conferees do not intend that the entire contents of all reports
be translated. Rather, the general overview and the country-
specific sections should be translated into the major languages
of each country. The Conferees recognize that the Department of
State's current focus is on the annual Country Reports on Human
Rights Practices required by the Foreign Assistance Act.
However, the Conferees believe that translation of the other
reports referred to in this section would further expand the
impact of the U.S. Government's work on democracy and human
rights.
Subtitle C--Advisory Committee on Democracy Promotion and the Internet
Website of the Department of State
Section 2131. Advisory Committee on Democracy Promotion
There is no comparable House provision.
Section 1931 of the Senate bill expresses the sense of
Congress commending the Secretary of State for establishing the
Advisory Committee on Democracy Promotion and expresses the
hope that the Committee will play a significant role in
transformational diplomacy by advising the Secretary of State
on all aspects of democracy promotion, including improving the
capacity of the Department of State and U.S. foreign assistance
programs.
The Conference substitute adopts the Senate provision,
with an amendment making minor changes to the Senate language.
Section 2132. Sense of Congress regarding the Internet website of the
Department of State
There is no comparable House provision.
Section 1932 of the Senate bill expresses the sense of
Congress that the Secretary of State should take additional
steps to enhance the Internet website for global democracy to
facilitate access by individuals and non-governmental
organizations in foreign countries to documents and other media
regarding democratic principles, practices, and values, and the
promotion and strengthening of democracy. This website is
intended to be an address where democracy activists from around
the world can obtain or be linked to information on conditions
in their country, materials on successful democracy movements
elsewhere and tactics for peaceful democratic change, and other
groups around the world that engage in similar struggles for
freedom. The website should also include parts of other
relevant human rights reports, including translations where
appropriate, such as the annual Country Reports on Human Rights
Practices, the annual Religious Freedom Report, and the annual
Report on Trafficking in Persons.
The Conference substitute adopts the Senate provision,
with an amendment making minor changes to the Senate language.
Subtitle D--Training in Democracy and Human Rights; Incentives
Section 2141. Training in democracy promotion and protection of human
rights
There is no comparable House provision.
Section 1941 of the Senate bill provides that the
Secretary of State should continue to enhance training on
democracy promotion and the protection of human rights for
members of the Foreign Service and that such training should
include case studies and practical workshops.
The Conference substitute adopts the Senate provision,
with an amendment. Pursuant to the amendment, the Secretary of
State is required to continue to enhance training on democracy
promotion and the protection of human rights and provides that
the training shall include appropriate instruction and training
materials regarding: (1) international documents and U.S.
policy regarding electoral democracy and respect for human
rights, including trafficking in persons; (2) U.S. policy
regarding the promotion and strengthening of democracy around
the world, with particular emphasis on the transition to
democracy in nondemocratic countries; (3) ways to assist
individuals and non-governmental organizations that support
democratic principles, practices, and values for any member,
Chief of Mission, or deputy Chief of Mission who is to be
assigned to a non-democratic or democratic transition country;
and (4) the protection of internationally recognized human
rights, including the protection of religious freedom and the
prevention of slavery and trafficking in persons. Section 1941
also provides that the Secretary of State shall consult as
appropriate with non-governmental organizations with respect to
the training required in this section, and provides for a one-
time report on how this section is being implemented.
The Conference notes that the Department of State is
working with members of the Community of Democracies on a
training manual relating to democracy promotion, which may
prove useful in the training efforts described in this section.
Such instruction may include: techniques for conducting
discussions with political leaders of such country regarding
United States policy with respect to promoting democracy in
foreign countries; treatment of opposition and alternatives to
repression; techniques to engage civil society, students and
young people regarding U.S. policy on democracy and human
rights; methods of nonviolent action and the most effective
manner to share such information with individuals and non-
governmental organizations; and the collection of information
regarding violations of internationally-recognized human rights
in coordination with non-governmental human rights
organizations, violations of religious freedom, and government-
tolerated or condoned trafficking in persons.
The Conference understands that certain training courses
already include some human rights training. However, the
Conference expects that the scope and content will be updated
and expanded as part of the Secretary of State's
Transformational Diplomacy Initiative and that continuous
improvements will be made well into the future.
Section 2142. Sense of congress regarding advance democracy award
There is no comparable House provision.
Section 1942 of the Senate bill expresses the sense of
Congress that the Secretary of State should further strengthen
the capacity of the Department of State to carry out results-
based democracy promotion efforts through the establishment of
awards and other employee incentives, including the
establishment of an annual award to be known as the
``Outstanding Achievements in Advancing Democracy Award'', or
the ``ADVANCE Democracy Award'', and should establish
procedures regarding such awards.
The Conference substitute adopts the Senate provision.
Section 2143. Personnel policies at the Department of State
There is no comparable House provision.
Section 1943 of the Senate bill expresses the sense of
Congress that precepts for promotion for members of the Foreign
Service should include consideration of a candidate's
experience or service in the promotion of human rights and
democracy.
The Conference substitute adopts the Senate provision,
with an amendment to add suggested mechanisms for creating
incentives. It provides that in addition to other awards, such
as the award described in section 1942 in that bill, the
Secretary of State should increase incentives for members of
the Foreign Service and other State Department employees to
serve in assignments that have as their primary focus the
promotion of democracy and the protection of human rights,
including awarding performance pay to members of the Foreign
Service, considering whether a member of the Service serving in
such assignments as a basis for promotion into the Senior
Foreign Service, and providing for Foreign Service Awards.
Subtitle E--Cooperation With Democratic Countries
Section 2151. Cooperation with Democratic Countries
There is no comparable House provision.
Section 1951 of the Senate bill expresses the sense of
Congress that the United States should forge alliances with
other democratic countries to promote democracy, protect
fundamental freedoms around the world, promote and protect
respect for the rule of law, pursue common strategies at
international organizations and multilateral institutions and
provide support to countries undergoing democratic transitions.
Section 1951 of the Senate bill also supports the initiative of
the Government of Hungary establishing the International Center
for Democratic Transition.
The Conference substitute adopts the Senate provision,
with an amendment making substantive and technical changes. The
Conference substitute expresses the sense of Congress that the
Community of Democracies should establish a more formal
mechanism for carrying out work between ministerial meetings,
such as through the creation of a permanent secretariat with an
appropriate staff and should establish a headquarters. The
Conference substitute authorizes the Secretary of State to
detail personnel to such a secretariat or any country that is a
member of the Convening Group of the Community of Democracies
and provides that the Secretary of State should establish an
office of multilateral democracy promotion to address the
Community of Democracies, pursue initiatives coming out of the
UN Democracy Caucus, and enhance the UN Democracy Fund. The
Conference substitute also authorizes an appropriation of
$1,000,000 for each of Fiscal Years 2008, 2009, and 2010 to the
Secretary of State for a grant to the International Center for
Democratic Transition and provides additional guidance as to
the purposes of the Center's work, including providing grants
or voluntary contributions to develop, adopt, and pursue
programs and campaigns to promote the peaceful transition to
democracy in non-democratic countries.
Subtitle F--Funding for Promotion of Democracy
Section 2161. The United Nations Democracy Fund
There is no comparable House provision.
Section 1961 of the Senate bill expresses the sense of
Congress that the United States should continue to contribute
to and work with other countries to enhance the goals and work
of the UN Democracy Fund.
The Conference substitute adopts the Senate provision,
with an amendment adding an authorization for the UN Democracy
Fund. It authorizes $14,000,000 for a United States
contribution to the Fund for each of the Fiscal Years 2008 and
2009, as requested by the President.
Section 2162. United States Democracy Assistance Programs
There is no comparable House provision.
Section 1962 of the Senate bill states the sense of
Congress that the purpose of the Human Rights and Democracy
Fund should be to support innovative programming, media, and
materials designed to uphold democratic principles, support and
strengthen democratic institutions, promote human rights and
the rule of law, and build civil societies in countries around
the world. Section 1962 of the Senate bill provides findings
reflecting that democracy assistance has many different forms
and there is a need for greater clarity on the coordination and
delivery mechanisms for U.S. democracy assistance. It also
provides that the Secretary of State and the Administrator of
the U.S. Agency for International Development (USAID) should
develop guidelines, in consultation with the appropriate
Committees of Congress, to clarify for U.S. diplomatic and
consular missions abroad the need for coordination and the
appropriate mix of delivery mechanisms for democracy
assistance.
The Conference substitute adopts the Senate provision,
with an amendment including minor and technical amendments and
adding a sense of Congress regarding mechanisms for delivering
assistance. The Conference substitute provides that United
States support for democracy is strengthened by using a variety
of different instrumentalities, such as the National Endowment
for Democracy, the United States Agency for International
Development, and the Department of State, and expresses the
view that the Human Rights and Democracy Fund (HRDF),
established pursuant to the Freedom Investment Act of 2002,
should continue to be used for innovative approaches to
promoting democracy and human rights. It also addresses the
different mechanisms that are used to define the relationship
between the U.S. Government and organizations that deliver
services or materials to foreign individuals or communities.
The Conference believes that the HRDF should remain a
flexible instrument to exploit emerging opportunities while at
the same time be managed in a cost-effective way and
coordinated at the country-level to complement the mix of other
democracy assistance being provided.
The U.S. Government works with a variety of
organizations, including non-profit groups such as non-
governmental organizations and private and voluntary
organizations, and provides them with government funding to
carry out U.S. foreign assistance goals. The government also
hires for-profit private sector companies to implement foreign
assistance programs. The use of such companies has been growing
over the last 15 years. In general, as in other areas of
government procurement, the use of contracts, cooperative
agreements, and grants are the three main acquisition
mechanisms through which agreement is reached on appropriate
benchmarks for success, the level of U.S. government funding
that will be spent, and the specific programs and projects to
be undertaken.
In the democracy field, there are a number of U.S.
Government entities that manage programs. The Democracy, Human
Rights and Labor Bureau at the State Department oversees a
large number of programs. The Coordinator's office for the
Independent States of the Former Soviet Union oversees programs
carried out through the Freedom Support Act. The Middle East
Partnership Initiative, also managed by the State Department,
promotes democracy and other development priorities in the
Middle East. For its part, USAID has a specialized unit focused
on providing democracy and governance assistance worldwide.
Because of a constrained operating budget that limits permanent
staff, USAID has increasingly relied on contract mechanisms,
although it continues to use grants and cooperative agreements.
The National Endowment for Democracy also provides extensive
assistance worldwide. More recently, a Millennium Challenge
Corporation (MCC) threshold program is providing electoral
reform assistance in Jordan.
Non-profit organizations sometimes apply for and receive
funding from several or all of these U.S. Government entities,
most often through grants and cooperative agreements and
sometimes through contracts. Private sector companies work
almost exclusively through contracts. Both private sector and
non-profit organizations bring unique strengths to the effort.
Private sector companies have the ability to hire employees
with specialized skills to provide technical assistance on a
short-notice basis. Non-profit organizations often develop
longer-term contacts in the field, country expertise, and have
revenue sources other than U.S. Government funding that allows
for a more sustained approach to underlying problems. With this
multitude of actors, mechanisms, and foreign assistance
``spigots,'' and given the characteristics of such actors, the
Conference requests that the Secretary of State and the
Administrator of USAID develop appropriate guidelines to assist
U.S. missions in their efforts to coordinate democracy
assistance in-country and select appropriate mechanisms for its
effective implementation.
TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS
Section 2201. Interoperable emergency communications
There is no comparable House provision.
Section 1481(a) of the Senate bill generally amends
Section 3006 of the Deficit Reduction Act of 2005 (Public Law
109-171) (DRA) by deleting statutory language that currently
limits funding to systems that either use, or interoperate with
systems that use, public safety spectrum in the 700 megahertz
band (specifically, 764-776 megahertz and 794-806 megahertz),
and inserting new subsections providing Congressional direction
with respect to eligible activities under NTIA's administration
of the $1 billion public safety grant program.
New 3006(a) of the DRA establishes the scope of the
permissible grants under the program and permits NTIA to
allocate up to $100 million for the establishment of strategic
technology reserves that will provide communications capability
and equipment for first responders and other emergency
personnel in the event of an emergency or a major disaster. In
addition to strategic technology reserves, this subsection
describes a broad range of topics related to improving
communications interoperability that will be eligible for
assistance under the grant program including, Statewide or
regional planning and coordination, design and engineering
support, technical assistance and training, and the acquisition
or deployment of interoperable communications equipment,
software, or systems.
New 3006(b) of the DRA reiterates the requirement imposed
under section 4 of the Call Home Act of 2006, which, subject to
the receipt of qualified applications as determined by the
Assistant Secretary, would require that not less that $1
billion be awarded no later than September 30, 2007.
New 3006(C) of the DRA requires that funding
distributions be made among the several States consistent with
section 1014(C)(3) of the USA PATRIOT Act (0.75 percent to each
State) to ensure a fair distribution of funds. It also requires
that the calculation of risk factors be based upon an ``all-
hazards'' approach that recognizes the critical need for
effective emergency communications in response not only to
terrorist attacks, but also to a variety of natural disasters.
New section 3006(d) of the DRA establishes requirements
for grant applicants, including an explanation of how
assistance would improve interoperability and a description of
how any equipment or system request would be compatible or
consistent with certain relevant sections of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6
U.S.C.Sec. 194(a)(1)).
New section 3006(e) of the DRA directs NTIA to rely on
the most current grant guidance issued under the Department of
Homeland Security (the Department or DHS) SAFECOM program to
promote greater consistency in the criteria used to evaluate
interoperability grant applications.
New section 3006(f) of the DRA establishes criteria for
grants of equipment, supplies, systems and related
communications service related to support for strategic
technology reserve initiatives. This section also requires that
funding for strategic reserves be divided between block grants
to States in support of state reserves and grants in support of
Federal reserves at each Federal Emergency Management Agency
(FEMA) regional office and in each of the noncontiguous States.
New section 3006(g) of the DRA permits the Assistant
Secretary to encourage the development of voluntary consensus
standards for interoperable communications systems, but
precludes the Assistant Secretary from requiring any such
standard.
New section 3006(h) of the DRA permits NTIA to seek
assistance from other Federal agencies where appropriate in the
administration of the grant program.
New section 3006(I) of the DRA requires the Inspector
General of the Department of Commerce annually to assess the
management of NTIA's interoperability grant program.
New section 3006(j) of the DRA requires NTIA, in
consultation with the DHS and the FCC, to promulgate final
program rules for implementation within 90 days of enactment.
New section 3006(k) of the DRA creates a rule of
construction clarifying that nothing in this section precludes
funding for interim or long-term Internet Protocol-based
solutions, notwithstanding compliance with the Project 25
standard.
Section 1481(b) of the Senate bill requires the FCC, in
coordination with the Assistant Secretary of Commerce for
Communications and Information and the Secretary of DHS, to
report on the feasibility of a redundant system for emergency
communications no later than one year after enactment.
Section 1481(c) of the Senate bill directs the Assistant
Secretary of Commerce for Communications and Information, in
consultation with the Secretary of DHS and the Secretary of
Health and Human Services, to create a joint advisory committee
to examine the communications capabilities and needs of
emergency medical care facilities. The joint advisory committee
will assess current communications capabilities at emergency
care facilities, options to accommodate the growth of
communications services used by emergency medical care
facilities, and options to better integrate emergency medical
care communications systems with other emergency communications
networks. The joint advisory committee would be required to
report its findings to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Energy and Commerce, within six months after the
date of enactment.
Section 1481(d) of the Senate bill provides authorization
for not more than 10 pilot projects to improve the capabilities
of emergency communications systems in emergency medical care
facilities. Grants would be administered by the Assistant
Secretary of Commerce for Communications and Information, would
require a fifty percent match, would not exceed $2 million per
grant, and would be geographically distributed to the maximum
extent possible.
The Conference substitute adopts the Senate provision,
with modifications. Most notably, it authorizes NTIA, in
consultation with DHS, to permit up to $75 million of the
Public Safety Interoperability Communications grant to be used
by States to contribute to a strategic technology reserve. The
substitute permits waivers to States that have already
implemented a strategic technology reserve or can demonstrate
higher priority public safety communications needs. The
Conference substitute adopts the Senate's provisions relating
to the FCC's vulnerability assessment and report on emergency
communications back-up system. The Conference agreed to set a
deadline of 180 days for FCC to deliver its findings to
Congress. The Conference substitute also adopts the Senate's
provision that directs the Assistant Secretary of Commerce for
Communications and Information, in consultation with the
Secretary of Homeland Security (the Secretary) and the
Secretary of Health and Human Services, to establish a joint
advisory committee that will assess current communications
capabilities at emergency care facilities.
The Conference substitute provides for reports and audits
by the Inspector General of the Department of Commerce. With
respect to grants under this title, these provisions strengthen
oversight over this program and clarify the intent of the
conferees that the provisions in Sec. 2022 of the Homeland
Security Act (added by Title I) do not apply to this grant
program.
Section 2202. Clarification of Congressional Intent
There is no comparable House provision.
Section 1482(a) of the Senate bill would amend Title VI
of the Post-Katrina Emergency Management Reform Act of 2006
(Public Law 109-295) by including a savings clause clarifying
the concurrent authorities of the Department of Commerce and
the Federal Communications Commission (FCC), with respect to
their existing authorities related to public safety and
promoting the safety of life and property through the use of
communications. Section 1482(b) of the Senate bill makes the
effective date of this savings clause as if enacted with the
Department of Homeland Security Appropriations for FY 2007
(Public Law 109-295).
The Conference substitute modifies the Senate language to
clarify that it is Congress's intent that Federal Departments
and Agencies work cooperatively in a manner that does not
impede the implementation of the requirements of Title III and
Title XXII of this Act and Title VI of Public Law 109-295.
The Conference observes that Federal Departments and
Agencies should not be precluded or obstructed from carrying
out their other authorities relating to other emergency
communications matters.
Section 2203. Cross border interoperability reports
There is no comparable House provision.
Section 1483 of the Senate bill would require the FCC, in
conjunction with the DHS, the Office of Management and Budget,
and the Department of State to report, not later than 90 days
after enactment, on the status of efforts to coordinate cross
border interoperability issues and the re-banding of 800
megahertz radios with Canada and Mexico. The FCC would further
be required to report on any communications between the FCC and
the Department of State regarding possible amendments to legal
agreements and protocols governing the coordination process for
license applications seeking to use channels and frequencies
above Line A, to submit information about the annual rejection
rate over the last 5 years by the United States for new
channels and frequencies above Line A, and to suggest
additional procedures and mechanisms that could be taken to
reduce the rejection rate for such applications. The FCC would
be required to provide regular updates of the report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Energy and Commerce
of treaty negotiations related to the re-banding of 800
megahertz radios until the appropriate treaty has been revised
with Canada and Mexico.
The Conference Report adopts the Senate provision.
Section 2204. Extension of short quorum
There is no comparable House provision.
Section 1484 of the Senate bill permits two members of
the Consumer Product Safety Commission to constitute a quorum
for six months following enactment of this Act.
The Conference substitute adopts the Senate provision.
Section 2205. Requiring reports to be submitted to certain Committees
Section 1485 of the Senate bill requires under provisions
of this Act to be shared with other relevant Congressional
Committees.
The Conference substitute modifies the Senate reporting
provision and agrees that in addition to the Committees
specifically enumerated to receive the reports under this
Title, any report transmitted under the provisions of this
Title shall also be transmitted to the appropriate
Congressional Committees as provided for by under section 2(2)
of the Homeland Security Act (6 U.S.C. Sec. 101).
TITLE XXIII--911 MODERNIZATION
Section 2301. Short title
The Conference substitute provides that Title XXIII may
be cited as the ``911 Modernization Act.''
Section 2302. Funding for Program
There is no comparable House provision.
Section 1702 of the Senate bill amends Section 3011 of
Public Law 109-171 (47 U.S.C. Sec. 309) to give borrowing
authority to the Assistant Secretary of the National
Telecommunications and Information Administration (NTIA) for
not more than $43,500,000 to implement the Enhance 911 Act of
2004 (Public Law 108-494). The Assistant Secretary must
reimburse the Treasury without interest once funds are
deposited into the Digital Television Transition and Public
Safety Fund.
The Conference substitute adopts the Senate provision.
Section 2303. NTIA coordination of E-911 implementation
There is no comparable House provision.
Section 1703 of the Senate bill amends Section 158(b)(4)
of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. Sec. 942(b)(4)) to
require the Assistant Secretary and the Administrator of the
National Highway Safety Administration to issue regulations
that allow a portion of the Phase II E-911 Implementation
Grants to be prioritized for Public Safety Answering Points
(PSAPs) that were not capable of receiving 911 calls on the
date of the enactment of the Enhanced 911 Act of 2004 (Public
Law 108-494). These grants will be used for the incremental
cost of upgrading from Phase I to Phase II compliance. Such
grants are subject to all the other requirements of this
section, such as the fifty percent matching funds requirement
and the requirement to certify that no portion of any E-911
charges imposed by an applicant's State or taxing jurisdiction
are being obligated or expended for any purpose other than for
which such charges were designated.
The Conference substitute adopts the Senate provision.
TITLE XXIV--MISCELLANEOUS PROVISIONS
Section 2401. Quadrennial Homeland Security Review
There is no comparable House provision. However, the
House passed a similar provision in H.R. 1684, the Department
of Homeland Security Authorization Act for Fiscal Year 2008,
which called for a Comprehensive Homeland Security Review at
the beginning of each new Presidential Administration.
Section 1606 of the Senate bill included a provision to
conduct a Quadrennial Homeland Security Review, requiring the
Department of Homeland Security (the Department or DHS) to
conduct a comprehensive examination of the national homeland
security strategy.
The Conference substitute adopts a compromise provision
which in several places clarifies the scope of the Review. It
requires the Secretary of Homeland Security (the Secretary) to
carry out the first Quadrennial Homeland Security Review in
Fiscal Year 2009, and every four years thereafter. The
Conferees believe that this review should take place in the
first year after a Presidential election, so that a new
Administration can act upon the results of the review or a re-
elected Administration can review its policies and emerging
threats and revise the review accordingly. This also recognizes
the time span during which a new President will appoint and the
Senate will confirm senior departmental officials who will be
responsible for this review. The provision also requires the
Secretary to consult with other Federal agencies, key officials
of the Department, and other relevant governmental and non-
governmental entities in carrying out the review.
The Conference substitute also describes the required
content of the review, including an update of the national
homeland security strategy, a prioritization of homeland
security mission areas, and the identification of a budget plan
for executing these missions. These review activities are
intended to strengthen the linkages between strategy and
execution at the Department of Homeland Security. The
Conference substitute requires the Secretary to submit to
Congress a report regarding the results of the Quadrennial
Homeland Security Review no later than December 31 of the year
in which a review is conducted, and also to make that report
public consistent with the protection of national security and
other sensitive matters. It also requires the Department to
begin in Fiscal Year 2007 and Fiscal Year 2008 to prepare to
carry out this review, and to report to Congress on these
preparations.
The Conference understands that the Administration
already has begun this process by including a request for
designated funding in the President's Fiscal Year 2008 request
for the Office of Policy to lead this initiative.
Section 2402. Sense of the Congress regarding the prevention of
radicalization leading to ideologically-based violence
There is no comparable House provision.
Section 1602 of the Senate bill includes extensive
findings concerning the threat of radicalization in the United
States as a component of the struggle against the transnational
ideological movement of Islamist extremism. This provision also
makes recommendations to the Secretary regarding measures that
can be taken to prevent radicalization and concludes that the
Secretary should work across the Federal government and with
State and local officials to make countering radicalization a
priority.
The Conference substitute adopts the Senate provision
with changes. The changes include modifying the terms used to
describe radicalization so that it is clear that protected
behavior is not included. As a result, radicalization is
referred to as radicalization that leads to ideologically-based
violence. Additionally, while the language is intended to
address the global struggle against violent extremism, the
language is broadened to include ideologically-based violence
from all sources.
Section 2403. Requiring reports to be submitted to certain committees
There is no comparable House provision.
Section 1485 of the Senate bill contained a provision to
provide certain Senate Committees with reports required
elsewhere in the bill.
The Conference substitute adopts part of the Senate
provision with updated references to certain reports.
Section 2404. Demonstration project
There is no comparable House provision.
Section 805 of the Senate bill requires the Secretary to
establish a demonstration project to conduct demonstrations of
security management systems.
The Conference substitute adopts the Senate provision,
while modifying it so that it defines ``security management
system'' as a set of guidelines that address the security
assessment needs of critical infrastructure and key resources
that are consistent with a set of generally accepted management
standards ratified and adopted by a standards making body.
Section 2405. Under Secretary for Management of the Department of
Homeland Security
There is no comparable House provision, as Members
believe that this issue would be best addressed as part of a
comprehensive homeland security authorization bill.
Section 1601 of the Senate bill elevates the position of
Under Secretary for Management to a Deputy Secretary, adds
qualifications for the position, and gives this newly created
position a five-year term with removal only for performance
reasons.
The Conference substitute adopts a modified version of
the Senate provision by enhancing the Under Secretary's
authority while maintaining the position at the Under Secretary
level without a fixed term. Specifically, the substitute
designates the Under Secretary for Management as the Chief
Management Officer and the Secretary's principal advisor on
management-related matters. It also requires the Under
Secretary to facilitate strategic management planning,
integration, transformation, and transition and succession for
the Department.
The Conference substitute requires the Under Secretary to
develop a transition and succession plan, and authorizes the
incumbent Under Secretary to remain in the position, after a
Presidential election, until a successor is confirmed in the
subsequent Administration. It also expresses the Sense of the
Congress that a newly elected President should encourage the
incumbent Under Secretary to remain until a successor is
confirmed, to provide continuity during the transition. The
legislation also requires that the Under Secretary be
accountable for his or her performance--each year, the Under
Secretary must enter into a performance agreement with the
Secretary and be subject to an evaluation based on the same.
The substitute also enhances the President's ability to attract
qualified candidates, as it elevates the Under Secretary for
Management to Level II of the Executive Schedule.
Because the Department is newly formed, and in light of
the integration and management challenges it has faced to date,
the Conference is concerned about the impending transition
between Administrations and believes this transition should be
well-planned and smoothly implemented. The Conference believes
that this position requires a person with strong management
skills and a proven track record of success, and this
legislation requires the selection of a person with such
experience.
Earmarks
Pursuant to House Rule XXI, clause 9(a)(4), the Committee
of Conference attaches a list of earmarks included in the
Conference Report to accompany H.R. 1, including a list of
Congressional earmarks, limited tax benefits, and limited
tariff benefits in the conference report or joint statement
(and the name of any Member, Delegate, Resident Commissioner,
or Senator who submitted a request to the House or Senate
Committees of jurisdiction for each respective item included in
such list) or a statement that the proposition contains no
Congressional earmarks, limited tax benefits, or limited tariff
benefits, as follows:
------------------------------------------------------------------------
Section Earmark Member
------------------------------------------------------------------------
Section 1204.................. National Disaster Sen. Daniel K.
Preparedness Training Inouye
Center, University of
Hawaii.
Transportation Sen. Wayne
Technology Center, Allard
Inc.. Sen. Ken Salazar
Rep. John T.
Salazar
Rep. Ed
Perlmutter
Section 1205.................. Connecticut Sen. Christopher
Transportation J. Dodd
Institute, University Sen. Joseph I.
of Connecticut. Lieberman
National Transit Sen. Robert
Institute, Rutgers, Menendez
the State University Sen. Frank R.
of New Jersey. Lautenberg
Mack-Blackwell Sen. Mark L.
National Rural Pryor
Transportation Study
Center at the
University of
Arkansas.
Homeland Security Sen. Charles E.
Management Institute, Schumer
Long Island Rep. Peter T.
University. King
Texas Southern Rep. Al Green
University in
Houston, Texas.
Tougaloo College...... Rep. Bennie G.
Thompson
------------------------------------------------------------------------
Bennie G. Thompson,
Loretta Sanchez,
Norman Dicks,
Jane Harman,
Nita M. Lowey,
Sheila Jackson-Lee,
Donna M. Christensen,
Bob Etheridge,
James R. Langevin,
Henry Cuellar,
Al Green,
Ed Perlmutter,
Peter T. King,
Mark Souder,
Tom Davis,
Daniel E. Lungren,
Michael T. McCaul,
Charles W. Dent,
Ike Skelton,
John M. Spratt, Jr.,
Jim Saxton,
John D. Dingell,
Edward J. Markey,
Tom Lantos,
Gary Ackerman,
Ileana Ros-Lehtinen,
John Conyers,
Zoe Lofgren,
Henry A. Waxman,
Wm. Lacy Clay,
Silvestre Reyes,
Bud Cramer,
Bart Gordon,
David Wu,
Peter A. DeFazio,
John B. Larson,
Managers on the Part of the House.
Joe Lieberman,
Carl Levin,
Daniel K. Akaka,
Tom Carper,
Mark Pryor,
Chris Dodd,
Daniel K. Inouye,
Joe Biden,
Managers on the Part of the Senate.
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