[110th Congress Public Law 53]
[From the U.S. Government Printing Office]
[[Page 265]]
IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007
[[Page 121 STAT. 266]]
Public Law 110-53
110th Congress
An Act
To provide for the implementation of the recommendations of the National
Commission on Terrorist Attacks Upon the United States. <<NOTE: Aug. 3,
2007 - [H.R. 1]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Implementing
Recommenda- tions of the 9/11 Commission Act of 2007.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 6 USC 101 note.>> 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.
[[Page 121 STAT. 267]]
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.
[[Page 121 STAT. 268]]
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.
[[Page 121 STAT. 269]]
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.
[[Page 121 STAT. 270]]
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.
[[Page 121 STAT. 271]]
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. <<NOTE: 6 USC 601.>> 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
[[Page 121 STAT. 272]]
``(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).
[[Page 121 STAT. 273]]
``(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. <<NOTE: 6 USC 603.>> 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.
[[Page 121 STAT. 274]]
``(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
and XV 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. <<NOTE: 6 USC 604.>> 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
[[Page 121 STAT. 275]]
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
[[Page 121 STAT. 276]]
``(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 <<NOTE: Notification.>> 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 <<NOTE: Deadline.>> 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.
[[Page 121 STAT. 277]]
``(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. <<NOTE: 6 USC 605.>> 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 <<NOTE: Deadline.>> 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
[[Page 121 STAT. 278]]
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) <<NOTE: Territories.>> 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
[[Page 121 STAT. 279]]
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. <<NOTE: 6 USC 606.>> 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 <<NOTE: Deadline. Notification.>> 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 <<NOTE: Notification.>> 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
[[Page 121 STAT. 280]]
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. <<NOTE: 6 USC 607.>> 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;
[[Page 121 STAT. 281]]
``(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
[[Page 121 STAT. 282]]
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, <<NOTE: Study. Reports.>> 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. <<NOTE: 6 USC 608.>> 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
[[Page 121 STAT. 283]]
``(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. <<NOTE: 6 USC 609.>> 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;
[[Page 121 STAT. 284]]
``(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.
[[Page 121 STAT. 285]]
``(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. <<NOTE: 6 USC 611.>> 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
[[Page 121 STAT. 286]]
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 <<NOTE: Establishment.>> 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 <<NOTE: Deadline.>> 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
[[Page 121 STAT. 287]]
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) <<NOTE: Submission.>> 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. <<NOTE: 6 USC 612.>> ACCOUNTABILITY.
``(a) Audits of Grant Programs.--
``(1) Compliance requirements.--
[[Page 121 STAT. 288]]
``(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 <<NOTE: Deadline.>> 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,
[[Page 121 STAT. 289]]
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 <<NOTE: Effective date.>> 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.
[[Page 121 STAT. 290]]
``(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 <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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
[[Page 121 STAT. 291]]
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
[[Page 121 STAT. 292]]
``(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.
[[Page 121 STAT. 293]]
``(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''.
[[Page 121 STAT. 294]]
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) <<NOTE: 6 USC 591.>> by redesignating title XVIII, as
added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884),
as title XIX;
(2) <<NOTE: 6 USC 591 et seq.>> 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) <<NOTE: 6 USC 594.>> in section 1904(a), as so
redesignated, by striking ``section 1802'' and inserting
``section 1902'';
(4) <<NOTE: 6 USC 596.>> 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
[[Page 121 STAT. 295]]
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 <<NOTE: Territories. States.>> 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.''.
[[Page 121 STAT. 296]]
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. <<NOTE: 6 USC 579.>> 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
[[Page 121 STAT. 297]]
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;
[[Page 121 STAT. 298]]
``(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 <<NOTE: Deadline.>> 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
[[Page 121 STAT. 299]]
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 <<NOTE: Public
information.>> 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
[[Page 121 STAT. 300]]
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 <<NOTE: 6 USC 572.>> 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. <<NOTE: 6 USC 580.>> 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 <<NOTE: Canada. Mexico.>> 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--
[[Page 121 STAT. 301]]
``(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:
``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;
[[Page 121 STAT. 302]]
(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
[[Page 121 STAT. 303]]
``(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;'';
[[Page 121 STAT. 304]]
(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--
[[Page 121 STAT. 305]]
(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 <<NOTE: Deadline. Guidance.>> 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 <<NOTE: Deadline.>> 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:
[[Page 121 STAT. 306]]
``SEC. 522. <<NOTE: 6 USC 321k.>> MODEL STANDARDS AND GUIDELINES
FOR CRITICAL INFRASTRUCTURE WORKERS.
``(a) In General.--Not <<NOTE: Deadline.>> 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. <<NOTE: 6 USC 124.>> 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.
[[Page 121 STAT. 307]]
``(b) Required Elements.--In administering the Homeland Security
Advisory System, the Secretary shall--
``(1) <<NOTE: Criteria.>> 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. <<NOTE: 6 USC 124a.>> 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) <<NOTE: Procedures.>> 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.
[[Page 121 STAT. 308]]
``(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) <<NOTE: Reports.>> provide to the appropriate
component heads regular reports regarding the
evaluations under subparagraph (A).
``SEC. 205. <<NOTE: 6 USC 124b.>> 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.
[[Page 121 STAT. 309]]
``SEC. 206. <<NOTE: 6 USC 124c.>> 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
[[Page 121 STAT. 310]]
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)).''.
[[Page 121 STAT. 311]]
(b) Receipt of <<NOTE: 6 USC 124a note.>> 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. <<NOTE: 6 USC 124d.>> 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
[[Page 121 STAT. 312]]
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. <<NOTE: 6 USC 124e.>> 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. <<NOTE: 6 USC 124f.>> 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.
[[Page 121 STAT. 313]]
``SEC. 210. <<NOTE: 6 USC 124g.>> 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.'';
[[Page 121 STAT. 314]]
(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
[[Page 121 STAT. 315]]
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;
[[Page 121 STAT. 316]]
``(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 <<NOTE: President.>> 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
[[Page 121 STAT. 317]]
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. <<NOTE: 6 USC 124h.>> 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
[[Page 121 STAT. 318]]
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
[[Page 121 STAT. 319]]
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);
[[Page 121 STAT. 320]]
``(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.--
[[Page 121 STAT. 321]]
``(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
[[Page 121 STAT. 322]]
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;
[[Page 121 STAT. 323]]
``(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 <<NOTE: Deadline. 6 USC 124h note.>> 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 6 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;
[[Page 121 STAT. 324]]
(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 <<NOTE: Deadline. Reports.>> 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. <<NOTE: 6 USC 124i.>> 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
[[Page 121 STAT. 325]]
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.
[[Page 121 STAT. 326]]
``(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.
[[Page 121 STAT. 327]]
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. <<NOTE: 6 USC 124j.>> 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.''.
[[Page 121 STAT. 328]]
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. <<NOTE: 6 USC 124k.>> 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 <<NOTE: Deadline. Reports.>> 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
[[Page 121 STAT. 329]]
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) <<NOTE: Criteria.>> 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) <<NOTE: Establishment.>> 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
[[Page 121 STAT. 330]]
``(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) <<NOTE: Procedures.>> 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 <<NOTE: Deadline.>> 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
[[Page 121 STAT. 331]]
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 <<NOTE: 6 USC 101 et seq.>> amended by inserting after the
item relating to section 210C the following:
``Sec. 210D. Interagency Threat Assessment and Coordination Group.''.
[[Page 121 STAT. 332]]
(c) Privacy and Civil Liberties
Impact <<NOTE: Deadline.>> 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) <<NOTE: 6 USC 121.>> 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 <<NOTE: President.>> 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.'';
[[Page 121 STAT. 333]]
(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
[[Page 121 STAT. 334]]
(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, <<NOTE: 6 USC 143.>> 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, <<NOTE: 6 USC 144.>> by striking
``Under Secretary for Information Analysis and
Infrastructure Protection'' and inserting ``Assistant
Secretary for Infrastructure Protection'';
(C) in section 302(3), <<NOTE: 6 USC 182.>> 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) <<NOTE: 6 USC 321.>> 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) 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.''.
(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:
[[Page 121 STAT. 335]]
``(I) The Under Secretary of Homeland Security for
Intelligence and Analysis.''.
(c) Treatment of Incumbent.--The <<NOTE: President. 6 USC 121
note.>> 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. <<NOTE: 50 USC 415c.>> AVAILABILITY TO PUBLIC OF CERTAIN
INTELLIGENCE FUNDING INFORMATION.
(a) Amounts Appropriated Each Fiscal Year.--
Not <<NOTE: Deadline.>> 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 <<NOTE: President. Deadline. Submission.>> 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) <<NOTE: 50 USC 435 note.>> in section 704(e)--
(A) by striking ``If requested'' and inserting the
following:
``(1) In general.--If requested''; and
[[Page 121 STAT. 336]]
(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), <<NOTE: 50 USC 435 note.>> in the
subsection heading, by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''; and
(4) in section 710(b), <<NOTE: 50 USC 435 note.>> 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.
[[Page 121 STAT. 337]]
(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.
[[Page 121 STAT. 338]]
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. <<NOTE: Secure Travel and Counterterrorism Partnership
Act of 2007.>> MODERNIZATION OF THE VISA
WAIVER PROGRAM.
(a) Short Title.--This <<NOTE: 8 USC 1101 note.>> section may be
cited as the ``Secure Travel and Counterterrorism Partnership Act of
2007''.
(b) Sense of Congress.--It <<NOTE: 8 USC 1187 note.>> 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
[[Page 121 STAT. 339]]
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
[[Page 121 STAT. 340]]
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 <<NOTE: Certification.>> 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 <<NOTE: Federal
Register, publication.>> 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;
[[Page 121 STAT. 341]]
``(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
[[Page 121 STAT. 342]]
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)--
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``(IV) <<NOTE: Reports.>> 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) <<NOTE: Notification.>> 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
[[Page 121 STAT. 343]]
(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) <<NOTE: Notification. Deadline.>> 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
[[Page 121 STAT. 344]]
(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;
[[Page 121 STAT. 345]]
``(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 <<NOTE: Deadline.>> 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) <<NOTE: Federal
Register, publication. 8 USC 1187 note.>> 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.
[[Page 121 STAT. 346]]
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;
[[Page 121 STAT. 347]]
``(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) <<NOTE: President.>> 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;
[[Page 121 STAT. 348]]
``(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 <<NOTE: 8 USC 1777.>> amended by adding after subsection (h), as
redesignated by subsection (a)(2), the following new subsection:
``(i) Coordination <<NOTE: Reports.>> 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 <<NOTE: Deadline.>> 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
[[Page 121 STAT. 349]]
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:
[[Page 121 STAT. 350]]
``(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. <<NOTE: 8 USC 1185 note.>> WESTERN HEMISPHERE TRAVEL
INITIATIVE.
Before the Secretary of <<NOTE: Regulations. Federal
Register, publication.>> 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. <<NOTE: 8 USC 1752a.>> 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
[[Page 121 STAT. 351]]
(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 <<NOTE: Deadline.>> 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.
[[Page 121 STAT. 352]]
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 <<NOTE: Establishment.>> 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
[[Page 121 STAT. 353]]
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
[[Page 121 STAT. 354]]
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
[[Page 121 STAT. 355]]
``(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 <<NOTE: Deadlines.>> 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 <<NOTE: President. Congress.>> 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. <<NOTE: President.>> 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.
[[Page 121 STAT. 356]]
``(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,
[[Page 121 STAT. 357]]
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 <<NOTE: 42 USC 2000ee
note.>> 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 <<NOTE: 42 USC 2000ee note.>> 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) <<NOTE: President.>> Appointments.--
(A) In general.--The <<NOTE: Congress.>> 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.
[[Page 121 STAT. 358]]
(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 <<NOTE: 42 USC 2000ee note.>> 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--
[[Page 121 STAT. 359]]
``(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 <<NOTE: Deadlines.>> 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 <<NOTE: Notification.>> 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).
[[Page 121 STAT. 360]]
``(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. <<NOTE: 42 USC 2000ee-1.>> 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
[[Page 121 STAT. 361]]
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
[[Page 121 STAT. 362]]
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. <<NOTE: Federal Agency Data Mining Reporting Act of
2007. 42 USC 2000ee-3.>> 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--
[[Page 121 STAT. 363]]
(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.
[[Page 121 STAT. 364]]
(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:
[[Page 121 STAT. 365]]
``SEC. 523. <<NOTE: 6 USC 321l.>> 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. <<NOTE: 6 USC 321m.>> 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
[[Page 121 STAT. 366]]
``(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 <<NOTE: Deadline.>> 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.--
[[Page 121 STAT. 367]]
``(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
[[Page 121 STAT. 368]]
``(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 <<NOTE: Deadline.>> 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
[[Page 121 STAT. 369]]
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
[[Page 121 STAT. 370]]
``(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
[[Page 121 STAT. 371]]
(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 <<NOTE: 6 USC 321m
note.>> 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;''.
[[Page 121 STAT. 372]]
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. <<NOTE: 6 USC 124l.>> 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
[[Page 121 STAT. 373]]
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
[[Page 121 STAT. 374]]
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 <<NOTE: Deadline.>> 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 <<NOTE: 6 USC 124l note.>> 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
[[Page 121 STAT. 375]]
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 <<NOTE: 50 USC app. 2071
note.>> 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
[[Page 121 STAT. 376]]
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.--
[[Page 121 STAT. 377]]
``(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,
[[Page 121 STAT. 378]]
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 <<NOTE: Establishment.>> 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 <<NOTE: 6 USC 195b
note.>> 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.
[[Page 121 STAT. 379]]
(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. <<NOTE: 6 USC 596a.>> 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
[[Page 121 STAT. 380]]
``(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. <<NOTE: 6 USC 921a.>> 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.
[[Page 121 STAT. 381]]
(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. <<NOTE: 6 USC 1101.>> 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
[[Page 121 STAT. 382]]
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
[[Page 121 STAT. 383]]
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:
[[Page 121 STAT. 384]]
``(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
[[Page 121 STAT. 385]]
``(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 <<NOTE: 49 USC 114 note.>> Oversight of Security
Assurance for Public and Private Stakeholders.--
(1) In general.--Except as <<NOTE: Reports.>> 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
[[Page 121 STAT. 386]]
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. <<NOTE: Establishment. 6 USC 1102.>> 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
[[Page 121 STAT. 387]]
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. <<NOTE: 6 USC 1103.>> 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.
[[Page 121 STAT. 388]]
(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. <<NOTE: 6 USC 1104.>> 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.
[[Page 121 STAT. 389]]
(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. <<NOTE: 6 USC 1111.>> 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.
[[Page 121 STAT. 390]]
(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
[[Page 121 STAT. 391]]
prescribed, or order issued, under an applicable
provision of this title. <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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 <<NOTE: Applicability.>> 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.--
[[Page 121 STAT. 392]]
``(A) In general.--Not <<NOTE: Deadline.>> later
than December 31, 2008, and annually thereafter, the
Secretary shall--
``(i) <<NOTE: Public information.>> 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 <<NOTE: Deadline. Reports. Public
information.>> 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. <<NOTE: 6 USC 1112.>> 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.
[[Page 121 STAT. 393]]
(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. <<NOTE: 6 USC 1113.>> 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) <<NOTE: Notification.>> 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;
[[Page 121 STAT. 394]]
(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. <<NOTE: 6 USC 1114.>> 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
[[Page 121 STAT. 395]]
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. <<NOTE: 6 USC 1115.>> 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. <<NOTE: 6 USC 1116.>> 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 <<NOTE: Deadline.>> 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
[[Page 121 STAT. 396]]
(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 <<NOTE: Deadline. Reports.>> 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.
[[Page 121 STAT. 397]]
(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. <<NOTE: Deadline. Reports.>> 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--
[[Page 121 STAT. 398]]
(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).
[[Page 121 STAT. 399]]
``(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
[[Page 121 STAT. 400]]
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. <<NOTE: 6 USC 1117.>> 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 No. 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 <<NOTE: National Transit Systems Security Act of
2007.>> TRANSPORTATION SECURITY
SEC. 1401. <<NOTE: 6 USC 1101 note.>> SHORT TITLE.
This title may be cited as the ``National Transit Systems Security
Act of 2007''.
SEC. 1402. <<NOTE: 6 USC 1131.>> 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
[[Page 121 STAT. 401]]
on Transportation and Infrastructure of the House of
Representatives.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Disadvantaged businesses 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. <<NOTE: 6 USC 1132.>> 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. <<NOTE: 6 USC 1133.>> NATIONAL STRATEGY FOR PUBLIC
TRANSPORTATION SECURITY.
(a) National Strategy.--Not <<NOTE: Deadline.>> 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
[[Page 121 STAT. 402]]
(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 No. 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. <<NOTE: 6 USC 1134.>> SECURITY ASSESSMENTS AND PLANS.
(a) Public <<NOTE: Deadlines.>> 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
[[Page 121 STAT. 403]]
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 <<NOTE: Deadline.>> 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;
[[Page 121 STAT. 404]]
(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 <<NOTE: Deadline.>> 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 <<NOTE: Notification.>> 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 <<NOTE: Deadline.>> 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
[[Page 121 STAT. 405]]
(3) require public transportation agencies to update the
security plans required under subsection (c) as appropriate.
(f) Security Improvement Priorities.--
(1) In general.--Beginning <<NOTE: Effective date.>> 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. <<NOTE: 6 USC 1135.>> 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:
[[Page 121 STAT. 406]]
(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,
[[Page 121 STAT. 407]]
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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> later than
3 days before the award of any grant under this section, the Secretary
[[Page 121 STAT. 408]]
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. <<NOTE: 6 USC 1136.>> 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--
[[Page 121 STAT. 409]]
(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. <<NOTE: 6 USC 1137.>> PUBLIC TRANSPORTATION SECURITY
TRAINING PROGRAM.
(a) In General.--Not <<NOTE: Deadlines. Regulations.>> 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
[[Page 121 STAT. 410]]
(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 <<NOTE: Deadlines.>> 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
[[Page 121 STAT. 411]]
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. <<NOTE: 6 USC 1138.>> 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;
[[Page 121 STAT. 412]]
(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. <<NOTE: 6 USC 1139.>> 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--
[[Page 121 STAT. 413]]
(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. <<NOTE: Deadline. 6 USC 1140.>> 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. <<NOTE: 6 USC 1141.>> REPORTING REQUIREMENTS.
(a) Annual Report to Congress.--
(1) In general.--Not later than March 31 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;
[[Page 121 STAT. 414]]
(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. <<NOTE: 6 USC 1142.>> 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
[[Page 121 STAT. 415]]
(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) <<NOTE: Applicability.>> 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.--
[[Page 121 STAT. 416]]
(1) Filing and notification.--A <<NOTE: Deadline.>> 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; <<NOTE: Deadlines.>> preliminary order.--
(A) In general.--Not <<NOTE: Notification.>> 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
[[Page 121 STAT. 417]]
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 <<NOTE: Deadline.>> petition for review must be
filed not later than 60 days after the date of the
issuance
[[Page 121 STAT. 418]]
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.
[[Page 121 STAT. 419]]
(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. <<NOTE: Notification.>> 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 <<NOTE: Regulations. Notice. Public information.>> 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. <<NOTE: 6 USC 1143.>> 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.
[[Page 121 STAT. 420]]
(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) <<NOTE: Deadline.>> 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
[[Page 121 STAT. 421]]
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. <<NOTE: Deadline. Regulations.>> 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,
[[Page 121 STAT. 422]]
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. <<NOTE: 6 USC 1144.>> 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) <<NOTE: Notice.>> 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. <<NOTE: 6 USC 1151.>> 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.
[[Page 121 STAT. 423]]
(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.
[[Page 121 STAT. 424]]
(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. <<NOTE: 6 USC 1152.>> 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 <<NOTE: Deadline.>> 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
[[Page 121 STAT. 425]]
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 <<NOTE: Deadline.>> 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 <<NOTE: 6 USC 1153.>> 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. <<NOTE: Deadlines. 6 USC 1154.>> 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
[[Page 121 STAT. 426]]
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. <<NOTE: 6 USC 1161.>> RAILROAD TRANSPORTATION SECURITY
RISK ASSESSMENT AND NATIONAL STRATEGY.
(a) Risk Assessment.--
The <<NOTE: Establishment. Deadline.>> 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 <<NOTE: Deadline.>> 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''.
[[Page 121 STAT. 427]]
(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,
[[Page 121 STAT. 428]]
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 No. 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 <<NOTE: Reports.>> 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
[[Page 121 STAT. 429]]
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. <<NOTE: 6 USC 1162.>> RAILROAD CARRIER ASSESSMENTS AND
PLANS.
(a) In General.--Not <<NOTE: Deadline. Regulations.>> 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;
[[Page 121 STAT. 430]]
(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
[[Page 121 STAT. 431]]
(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 <<NOTE: Deadline.>> 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. <<NOTE: Notification. Deadline.>> 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
[[Page 121 STAT. 432]]
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 <<NOTE: Deadlines.>> 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
[[Page 121 STAT. 433]]
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
representation railroad employees, and public safety and law enforcement
officials.
SEC. 1513. <<NOTE: 6 USC 1163.>> 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 1 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.
[[Page 121 STAT. 434]]
(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;
[[Page 121 STAT. 435]]
(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) <<NOTE: Deadline.>> 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 <<NOTE: Deadline. Reports.>> 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. <<NOTE: 6 USC 1164.>> 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;
[[Page 121 STAT. 436]]
(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) <<NOTE: State listing. District of
Columbia.>> 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 <<NOTE: Grants.>> 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 <<NOTE: Deadline.>> 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.
[[Page 121 STAT. 437]]
SEC. 1515. <<NOTE: 6 USC 1165.>> FIRE AND LIFE SAFETY
IMPROVEMENTS.
(a) Life-Safety Needs.--There <<NOTE: Appropriation
authorization. Grants. State listing. District of Columbia.>> 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 <<NOTE: Deadlines.>> 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 <<NOTE: Notification.>> 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
[[Page 121 STAT. 438]]
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. <<NOTE: 6 USC 1166.>> 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--
[[Page 121 STAT. 439]]
(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. <<NOTE: 6 USC 1167.>> RAILROAD SECURITY TRAINING
PROGRAM.
(a) In General.--Not <<NOTE: Deadline. Regulations.>> 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
[[Page 121 STAT. 440]]
(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 <<NOTE: Deadlines.>> 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
[[Page 121 STAT. 441]]
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 <<NOTE: Guidance.>> Secretary shall issue
guidance and best practices for a railroad shipper employee security
program containing the elements listed under subsection (c).
SEC. 1518. <<NOTE: 6 USC 1168.>> 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--
[[Page 121 STAT. 442]]
(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;
[[Page 121 STAT. 443]]
(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. <<NOTE: 6 USC 1169.>> 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.
[[Page 121 STAT. 444]]
(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. <<NOTE: Deadline.>> 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);
[[Page 121 STAT. 445]]
``(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
[[Page 121 STAT. 446]]
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) <<NOTE: Applicability.>> 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. <<NOTE: Deadline.>> 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.
[[Page 121 STAT. 447]]
``(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. <<NOTE: Notification.>> 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 <<NOTE: Regulations. Notice.>> 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,
[[Page 121 STAT. 448]]
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. <<NOTE: 6 USC 1170.>> 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
[[Page 121 STAT. 449]]
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 <<NOTE: Deadline. Regulations.>> 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,
[[Page 121 STAT. 450]]
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.--
[[Page 121 STAT. 451]]
(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. <<NOTE: 6 USC 1171.>> 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:
[[Page 121 STAT. 452]]
(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 <<NOTE: Deadline. 6 USC
1172.>> 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:
[[Page 121 STAT. 453]]
``(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) <<NOTE: Applicability.>> 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.''.
[[Page 121 STAT. 454]]
Subtitle C--Over-the-Road Bus and Trucking Security
SEC. 1531. <<NOTE: 6 USC 1181.>> OVER-THE-ROAD BUS SECURITY
ASSESSMENTS AND PLANS.
(a) In General.--Not <<NOTE: Deadline. Regulations.>> 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
[[Page 121 STAT. 455]]
(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);
[[Page 121 STAT. 456]]
(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
[[Page 121 STAT. 457]]
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 <<NOTE: Deadlines.>> 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. <<NOTE: 6 USC 1182.>> 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.
[[Page 121 STAT. 458]]
(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 <<NOTE: Grants.>> 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;
[[Page 121 STAT. 459]]
(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 <<NOTE: Deadline.>> 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 1 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.
[[Page 121 STAT. 460]]
(2) Period of availability.--Sums appropriated to carry out
this section shall remain available until expended.
SEC. 1533. <<NOTE: 6 USC 1183.>> 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
[[Page 121 STAT. 461]]
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. <<NOTE: 6 USC 1184.>> OVER-THE-ROAD BUS SECURITY
TRAINING PROGRAM.
(a) In General.--Not <<NOTE: Deadline. Regulations.>> 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.
[[Page 121 STAT. 462]]
(12) Other security training activities that the Secretary
considers appropriate.
(d) Required <<NOTE: Deadlines.>> 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. <<NOTE: 6 USC 1185.>> 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
[[Page 121 STAT. 463]]
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.
[[Page 121 STAT. 464]]
(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.
[[Page 121 STAT. 465]]
``(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) <<NOTE: Deadlines.>> 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). <<NOTE: Notification.>> 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) <<NOTE: Investigation. Notification.>> 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
[[Page 121 STAT. 466]]
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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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.--
[[Page 121 STAT. 467]]
``(1) Establishment of process.--
The <<NOTE: Regulations. Notice.>> 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 <<NOTE: Effective
date. Termination date. 49 USC 14504 note.>> 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 <<NOTE: 49 USC 13908
note.>> 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 <<NOTE: 49 USC 14504 note.>> 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 <<NOTE: Reports. Deadline. Classified information.>> 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--
[[Page 121 STAT. 468]]
(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 <<NOTE: Deadline. Reports.>> 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.
[[Page 121 STAT. 469]]
SEC. 1541. <<NOTE: Deadline. 6 USC 1186.>> 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. <<NOTE: 6 USC 1201.>> RAILROAD ROUTING OF SECURITY-
SENSITIVE MATERIALS.
(a) In General.--Not <<NOTE: Deadline. Regulations.>> 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
[[Page 121 STAT. 470]]
shall incorporate the requirements of this section and, as appropriate,
public comments received during the comment period of the rulemaking.
(b) Security-Sensitive Materials <<NOTE: Deadline.>> 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.
[[Page 121 STAT. 471]]
(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. <<NOTE: 6 USC 1202.>> 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--
[[Page 121 STAT. 472]]
(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. <<NOTE: Deadlines. 6 USC 1203.>> 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) <<NOTE: Reports.>> 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 <<NOTE: Deadline.>> 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,
[[Page 121 STAT. 473]]
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. <<NOTE: 6 USC 1204.>> MOTOR CARRIER SECURITY-SENSITIVE
MATERIAL TRACKING.
(a) Communications.--
(1) In general.--Not <<NOTE: Deadline.>> 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;
[[Page 121 STAT. 474]]
(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.
[[Page 121 STAT. 475]]
SEC. 1555. <<NOTE: 6 USC 1205.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: 6 USC 1206.>> 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. <<NOTE: Deadlines. 6 USC 1207.>> 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.
[[Page 121 STAT. 476]]
(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. <<NOTE: 6 USC 1208.>> 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
[[Page 121 STAT. 477]]
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:
[[Page 121 STAT. 478]]
``(g) Air Cargo on Passenger Aircraft.--
``(1) In general.--Not <<NOTE: Deadline.>> 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 <<NOTE: Reports.>> 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 <<NOTE: Deadline.>> 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
[[Page 121 STAT. 479]]
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 <<NOTE: Deadline. Reports.>> 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 <<NOTE: Deadline.>> 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
[[Page 121 STAT. 480]]
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 <<NOTE: Deadline.>> 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 <<NOTE: 49 USC 44923.>> Projects.--
(1) In general.--The <<NOTE: Airport
security.>> 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).
[[Page 121 STAT. 481]]
(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. <<NOTE: Deadlines. 49 USC 44903 note.>> 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 <<NOTE: Reports.>> 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
[[Page 121 STAT. 482]]
(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
[[Page 121 STAT. 483]]
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 <<NOTE: Deadline. Strategic plan. 49 USC 44925
note.>> 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.''.
[[Page 121 STAT. 484]]
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 <<NOTE: Deadlines.>> 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) <<NOTE: Reports.>> 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. <<NOTE: 49 USC 44901 note.>> 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 <<NOTE: Grants.>> 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
[[Page 121 STAT. 485]]
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. <<NOTE: 49 USC 114 note.>> 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. <<NOTE: 49 USC 114 note.>> 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. <<NOTE: 49 USC 44903 note.>> 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;
[[Page 121 STAT. 486]]
(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. <<NOTE: 49 USC 44903 note.>> 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 1 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 1 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:
[[Page 121 STAT. 487]]
``(6) Use of biometric technology for armed law enforcement
travel.--
``(A) In general.--Not <<NOTE: Deadline.>> 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) <<NOTE: Federal
Register, publication.>> 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
[[Page 121 STAT. 488]]
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. <<NOTE: 49 USC 44924 note.>> REPAIR STATION SECURITY.
(a) Certification of <<NOTE: Deadline.>> Foreign Repair Stations
Suspension.--If the regulations required by section 44924(f) of title
49, United States Code, are not issued within 1 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. <<NOTE: Deadlines.>> 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))
[[Page 121 STAT. 489]]
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) <<NOTE: Effective
dates.>> 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.
[[Page 121 STAT. 490]]
``(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 <<NOTE: Effective
date.>> 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.''.
[[Page 121 STAT. 491]]
(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. <<NOTE: 50 USC 2901.>> 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. <<NOTE: 50 USC 2902.>> 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);
[[Page 121 STAT. 492]]
(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.
[[Page 121 STAT. 493]]
(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) <<NOTE: Public safety. Defense and national
security. Deadline.>> 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. <<NOTE: 50 USC 2911.>> 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
[[Page 121 STAT. 494]]
(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 3-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 3
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
[[Page 121 STAT. 495]]
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. <<NOTE: 50 USC 2912.>> 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.
[[Page 121 STAT. 496]]
(d) Limitation.--Assistance may be provided to a country under
subsection (a) in no more than 3 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 30 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 counter-
proliferation purposes.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass
Destruction Proliferation and Terrorism
SEC. 1831. <<NOTE: 50 USC 2921.>> 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.
[[Page 121 STAT. 497]]
SEC. 1832. <<NOTE: 50 USC 2922.>> 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. <<NOTE: 50 USC 2923.>> 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.
[[Page 121 STAT. 498]]
Subtitle D--Office of the United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism
SEC. 1841. <<NOTE: 50 USC 2931.>> 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;
[[Page 121 STAT. 499]]
(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;
[[Page 121 STAT. 500]]
(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. <<NOTE: 50 USC 2932.>> 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
[[Page 121 STAT. 501]]
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;
[[Page 121 STAT. 502]]
(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 designated 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.--
[[Page 121 STAT. 503]]
(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
[[Page 121 STAT. 504]]
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.
[[Page 121 STAT. 505]]
TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES
SEC. 1901. <<NOTE: 6 USC 195c note.>> 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. <<NOTE: 6 USC 195c.>> 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;
[[Page 121 STAT. 506]]
``(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.--
[[Page 121 STAT. 507]]
``(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
[[Page 121 STAT. 508]]
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. <<NOTE: 6 USC 195c note.>> 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. <<NOTE: 22 USC 2151 note.>> SHORT TITLE.
This title may be cited as the ``9/11 Commission International
Implementation Act of 2007''.
SEC. 2002. <<NOTE: 22 USC 2151 note.>> 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.
[[Page 121 STAT. 509]]
Subtitle A--Quality Educational Opportunities in Predominantly Muslim
Countries.
SEC. 2011. <<NOTE: 22 USC 2228 note.>> 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
[[Page 121 STAT. 510]]
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
[[Page 121 STAT. 511]]
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 inter-personal
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.''.
[[Page 121 STAT. 512]]
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. <<NOTE: 22 USC 2452c note.>> 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 <<NOTE: 22 USC 2452 note.>> 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)--
[[Page 121 STAT. 513]]
(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. <<NOTE: 22 USC 2151 note.>> 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
[[Page 121 STAT. 514]]
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
[[Page 121 STAT. 515]]
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. <<NOTE: 22 USC 6216 note.>> 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--
[[Page 121 STAT. 516]]
(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. <<NOTE: 22 USC 6216.>> 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. <<NOTE: 22 USC 6204 note.>> OVERSIGHT OF INTERNATIONAL
BROADCASTING.
(a) Transcription of <<NOTE: Deadline.>> 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
[[Page 121 STAT. 517]]
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. <<NOTE: 42 USC 2000dd note.>> 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
[[Page 121 STAT. 518]]
``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 <<NOTE: Taliban. al Qaeda.>> for the United States
Relationship With Afghanistan, Pakistan, and Saudi Arabia
SEC. 2041. <<NOTE: 42 USC 7511 note.>> 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;
[[Page 121 STAT. 519]]
(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:
[[Page 121 STAT. 520]]
(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 6 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. <<NOTE: 22 USC 2375 note.>> 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.
[[Page 121 STAT. 521]]
(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
[[Page 121 STAT. 522]]
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
[[Page 121 STAT. 523]]
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.
[[Page 121 STAT. 524]]
(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. <<NOTE: 22 USC 2656 note.>> 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
[[Page 121 STAT. 525]]
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
[[Page 121 STAT. 526]]
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 <<NOTE: Advance Democratic Values, Address
Nondemocratic Countries, and Enhance Democracy Act of 2007.>> DEMOCRATIC
VALUES
SEC. 2101. <<NOTE: 22 USC 8201 note.>> 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. <<NOTE: 22 USC 8201 note.>> 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
[[Page 121 STAT. 527]]
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. <<NOTE: 22 USC 8202.>> 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. <<NOTE: 22 USC 8203.>> 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.
[[Page 121 STAT. 528]]
(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
[[Page 121 STAT. 529]]
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 <<NOTE: Establishment.>> to Enhance the Promotion
of Democracy
SEC. 2111. <<NOTE: 22 USC 8211.>> 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
[[Page 121 STAT. 530]]
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
[[Page 121 STAT. 531]]
(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. <<NOTE: 22 USC 8212.>> 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. <<NOTE: 22 USC 8213.>> 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. <<NOTE: 22 USC 8221.>> STRATEGIES, PRIORITIES, AND
ANNUAL REPORT.
(a) Expansion of Country-Specific Strategies to Promote Democracy.--
[[Page 121 STAT. 532]]
(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. <<NOTE: 22 USC 8222.>> 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
[[Page 121 STAT. 533]]
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. <<NOTE: 22 USC 8231.>> 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. <<NOTE: 22 USC 8232.>> 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.
[[Page 121 STAT. 534]]
Subtitle D--Training in Democracy and Human Rights; Incentives
SEC. 2141. <<NOTE: 22 USC 8241.>> 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. <<NOTE: 22 USC 8242.>> 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
[[Page 121 STAT. 535]]
(2) the Secretary should establish procedures for selecting
recipients of such award, including any financial terms
associated with such award.
SEC. 2143. <<NOTE: 22 USC 8243.>> 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. <<NOTE: 22 USC 8251.>> 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
[[Page 121 STAT. 536]]
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. <<NOTE: 22 USC 8261.>> 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. <<NOTE: 22 USC 8262.>> 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.--
[[Page 121 STAT. 537]]
(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
[[Page 121 STAT. 538]]
``(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 subparagraph (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
subparagraph (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 subparagraph (a)(1)(B), the Assistant Secretary shall take
into account barriers to immediate deployment, including
[[Page 121 STAT. 539]]
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. <<NOTE: Public information. Website.>> 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 <<NOTE: Deadline.>> 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.
[[Page 121 STAT. 540]]
(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 the 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 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;
[[Page 121 STAT. 541]]
(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) <<NOTE: Reports. Deadline.>> 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 <<NOTE: 42 USC 247d-3a note.>> 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. <<NOTE: 6 USC 701 note.>> 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. <<NOTE: Canada. Mexico. 6 USC 194 note.>> 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--
[[Page 121 STAT. 542]]
(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).
[[Page 121 STAT. 543]]
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. <<NOTE: 6 USC 194 note.>> 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 <<NOTE: Improving Emergency Communications Act of 2007.>> XXIII--
EMERGENCY COMMUNICATIONS MODERNIZATION
SEC. 2301. <<NOTE: 47 USC 901 note.>> 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. <<NOTE: Regulations. Deadline. Grants. Public
safety.>> 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:
[[Page 121 STAT. 544]]
``SEC. 707. <<NOTE: 6 USC 347.>> 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
[[Page 121 STAT. 545]]
``(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.''.
[[Page 121 STAT. 546]]
(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
[[Page 121 STAT. 547]]
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. <<NOTE: 6 USC 121 note.>> 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.
[[Page 121 STAT. 548]]
(9) Title III of this Act.
SEC. 2404. <<NOTE: 6 USC 121 note.>> DEMONSTRATION PROJECT.
(a) Demonstration Project Required.--Not <<NOTE: Deadline.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline.>> 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--
[[Page 121 STAT. 549]]
``(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) <<NOTE: Contracts.>> 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 <<NOTE: 6 USC 341 note.>> 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.
[[Page 121 STAT. 550]]
(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.''.
Approved August 3, 2007.
LEGISLATIVE HISTORY--H.R. 1 (S. 4):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 110-259 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 153 (2007):
Jan. 9, considered and passed House.
July 8, considered and passed Senate, amended, in lieu of S.
4.
July 26, Senate agreed to conference report.
July 27, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
Aug. 3, Presidential statement.
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