Department of Homeland Security Authorization Act for Fiscal Year 2007 - Title I: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for the Department of Homeland Security (DHS) for FY2007.
Title II: Improving Management, Integration, and Oversight - Subtitle A: Management Reform - (Sec. 201) Amends the Homeland Security Act of 2002 (HSA) to replace the Under Secretary for Management with a Deputy Secretary position.
(Sec. 202) Includes among DHS's chief operating officers the Chief Financial Officer, Chief Procurement Officer, Chief Information Officer, Chief Human Resources Officer, Chief Administrative Officer, and Chief Security Officer. Directs: (1) the Secretary of Homeland Security (the Secretary) to delegate to such officers direct authority over their respective counterparts in component agencies; and (2) the chief operating officers in component agencies to coordinate activities with the heads of their respective agencies.
(Sec. 203) Requires: (1) the Officer for Civil Rights and Civil Liberties to serve as the Secretary's coordinator for issues relating to individuals with disabilities and mitigation, preparedness, response, and recovery by assisting in the development, implementation, and review of policies and procedures; (2) the Director of the Federal Emergency Management Agency (FEMA) to appoint an individual to serve as the Director's coordinator for issues relating to individuals with disabilities; and (3) the Under Secretary for Preparedness to appoint a coordinator for issues relating to individuals with disabilities.
(Sec. 204) Directs the Comptroller General to study and report on the accessibility to individuals with disabilities of emergency shelters for use in response to a major disaster.
(Sec. 205) Directs the Secretary to establish a graduate-level Homeland Security Education Program in the National Capital Region for federal, state, and local officials with homeland security and emergency management responsibilities.
Subtitle B: Integration and Organizational Improvements - (Sec. 221) Establishes in DHS a Directorate for Policy, Planning, and International Affairs, headed by an Under Secretary for Policy.
Establishes within the Directorate an Office of International Affairs, headed by an Assistant Secretary, to promote the exchange of information and education with friendly nations and the sharing of best practices and technologies relating to homeland security.
Directs the Under Secretary for Policy to establish within the Directorate the Office of Policy, the Office of Strategic Plans, the Office of the Private Sector, the Victim Assistance Officer, and the Tribal Security Officer.
Establishes within the Directorate: (1) a Director of Cargo Security Policy; and (2) a Director of Trade Policy.
Directs the Secretary and the Under Secretary for Policy to consult with representatives of the business community involved in international trade, including seeking the advice and recommendations of the Commercial Operations Advisory Committee (COAC), on DHS policies and actions that have a significant impact on international trade and customs revenue functions.
(Sec. 222) Transfers the Noble Training Center to the Center for Domestic Preparedness.
(Sec. 223) Directs the Comptroller General to study and report on the integration and adequacy of training for DHS personnel who interdict, interview, and process asylum seekers at U.S. ports of entry.
Subtitle C: Strengthening Oversight - (Sec. 231) Directs the Secretary to actively consult with the congressional homeland security committees and keep them informed regarding all activities and responsibilities within their jurisdictions. Makes the Inspector General of DHS independently responsible for keeping such committees informed of DHS activities. Directs the Chief Financial Officer to establish the position of Authorization Liaison Officer to provide timely budget and other financial information to such committees.
(Sec. 233) Requires the President's annual budget to include a separate line item for each fiscal year for expenditures by DHS's Office of Counternarcotics Enforcement.
(Sec. 234) Directs DHS's Inspector General to review each contract over $20 million related to DHS's Secure Border Initiative to determine compliance with applicable cost requirements, performance objectives, program milestones, inclusion of small, minority, and women-owned business, and timelines. Requires the Inspector General to expeditiously refer information relating to any improper conduct or wrongdoing to the Secretary or other appropriate DHS official to evaluate whether to suspend or debar the contractor.
Title III: Procurement Reform - (Sec. 301) Requires the Chief Procurement Officer to provide and report annually to the Secretary on homeland security procurement training for acquisition employees. Directs the Secretary to establish a Council on Procurement Training to make policy and curriculum recommendations.
(Sec. 302) Directs the Secretary, in awarding a contract, to require submission of information on, and to consider, past performance of the contractor.
(Sec. 303) Directs the Secretary to ensure that, in addition to any scientific evaluation completed prior to the designation or certification of qualified anti-terrorism technologies under the SAFETY Act, a sufficient number of full-time equivalent personnel, who are properly trained and qualified to apply legal, economic, and risk analyses, are involved in determining whether anti-terrorism technologies may be designated as qualified anti-terrorism technologies or certified by the Secretary under provisions regarding the government contractor defense.
Directs the Secretary to: (1) ensure specified coordination to maximize the application of the litigation and risk management provisions of the SAFETY Act to qualified anti-terrorism technologies procured by DHS and to promote their use in the procurement of such technologies at federal, state, and local levels; (2) issue a directive requiring coordination between DHS procurement officials and DHS officials responsible for implementing the SAFETY Act in the solicitation and evaluation of any procurement involving a such technology; and (3) include SAFETY Act instruction for all acquisition employees and their representatives.
Directs the Secretary to study and report on: (1) DHS procurements that involve any product, service, or technology to prevent, identify, or respond to acts of terrorism; and (2) whether such product, service, or technology is appropriate for the litigation and risk management protections of the SAFETY Act.
(Sec. 304) Directs the Comptroller General to report to Congress on DHS's contracting processes, including improvements that could be made through new technologies.
(Sec. 305) Directs the Secretary to require any offeror for any DHS contract to submit: (1) an attestation that discloses any substantial role the offeror may have played in creating a solicitation, request for proposal, statement of work, or statement of objectives for DHSand ; (2) a description of safeguards used to prevent the offeror from receiving information through such role that could provide the offeror an undue advantage; and (3) a written certification that the offeror is not in default or delinquent on any federal tax payment.
(Sec. 307) Requires the Secretary or the head of any DHS component to work toward a goal of awarding not less than 20% of the total value of contracts for debris clearance, distribution of supplies, reconstruction, and other assistance activities relating to an act of terrorism, natural disaster, or other emergency (emergency), to qualified firms located in a county or parish within the affected area to the extent it does not interfere with providing timely and effective assistance. Grants preference to small business concerns. Directs the Secretary to encourage DHS components and state and local government agencies to competitively bid and negotiate contracts and prices for services in advance of an emergency.
(Sec. 308) Directs the Secretary to modify the National Response Plan to establish a Support Annex on Emergency Contracting, which shall set forth plans and protocols for incident-related contracting to meet urgent needs efficiently, effectively, and in a manner designed to prevent waste, fraud, and abuse.
(Sec. 309) Earmarks specified funds authorized for FY2007 for DHS's Office of Inspector General.
(Sec. 310) Directs DHS to review, strengthen, and issue DHS-wide guidance on the policy governing the use of DHS purchase cards by employees for official business.
Title IV: Personnel Authorities - Subtitle A: Workforce Enhancements - (Sec. 401) Directs the Secretary to: (1) take steps to control the costs of hiring, training, and deploying new Border Patrol agents; (2) ensure that the FY2007 cost of hiring, training, and deploying each new agent does not exceed $150,000; (3) promptly certify to specified congressional committees a cost exceeding such amount; and (4) suspend hiring, training, and deploying agents until those committees approve such increased per-agent cost.
(Sec. 402) Amends the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States to extend the authorization for, and increase the number of, annuitants employed by the Federal Law Enforcement Training Center.
(Sec. 403) Amends HSA to direct the Secretary to: (1) coordinate DHS canine training programs and maximize its use of existing training facilities and resources to train canines throughout the year; (2) make it a priority to increase the number of domestically bred canines used by DHS to assist in its counterterrorism mission; and (3) establish a competitive grant program for domestic breeders of canines. Authorizes appropriations. Directs the Secretary to establish a Homeland Security Canine Detection Accreditation Board to develop and implement a process for certifying compliance with national voluntary consensus standards.
(Sec. 404) Authorizes the Commissioner of U.S. Customs and Border Protection (CBP), for a five-year period, to appoint up to 500 federal annuitants to support acceleration of its ability to secure U.S. borders, without regard to competitive hiring procedures and without any reduction in such annuitants' retirement pay. Prohibits any appointment that would result in the displacement of an employee.
(Sec. 405) Directs the Secretary to establish a plan to address CBP recruitment and retention challenges, includinge establishment of a recruitment incentive for Border Patrol agents and pay differentials for agents in high-cost areas.
(Sec. 406) Requires service in CBP positions to be treated in the same way as service performed in law enforcement officer positions in administering any government retirement system. Sets forth provisions regarding individual and government contributions for prior qualified service. Provides a three-year exemption of affected individuals from mandatory separation provisions.
Subtitle B: Improving Security Clearance Process - (Sec. 411) Directs the Secretary to: (1) review security clearance and suitability review procedures for DHS employees and contractors and for individuals in state and local government agencies and private sector entities with a need to receive classified information; and (2) take steps to strengthen DHS's security screening policies, including consolidating the security clearance investigative authority at the Departmental Headquarters.
(Sec. 412) Amends HSA to establish a Chief Security Officer in DHS.
Title V: Intelligence and Information Sharing - (Sec. 501) Replaces: (1) the Directorate for Information Analysis and Infrastructure Protection with an Office of Intelligence and Analysis; and (2) the Under Secretary for Information Analysis and Infrastructure Protection with an Under Secretary for Intelligence and Analysis.
Makes the Under Secretary responsible for coordinating and enhancing integration among intelligence components, establishing intelligence priorities, establishing a structure and process to support DHS missions and goals, and establishing an Internal Continuity of Operations Plan.
(Sec. 502) Lists the responsibilities of the head of each intelligence component of DHS. Directs the Secretary to provide training and guidance for component employees, officials, and senior executives to develop knowledge of laws, regulations, operations, policies, procedures, and programs related to the handling, analysis, dissemination, and collection of homeland security information.
(Sec. 503) Directs the Under Secretary to implement a Homeland Security Advisory System to provide public advisories and alerts regarding threats to homeland security, which shall include information on appropriate protective measures and countermeasures, limit the scope to the specific region, locality, or economic sector at risk, and not use color designations as the exclusive means of specifying threat conditions.
(Sec. 504) Directs the Secretary to: (1) integrate and standardize the information of DHS intelligence components into a DHS information sharing environment, to be administered by the Under Secretary; and (2) designate, for each DHS intelligence component, an information sharing and knowledge management officer who shall report on coordinating the different systems used to gather and disseminate homeland security information.
Directs the Under Secretary to: (1) establish DHS-wide procedures for the review, analysis, and integration of information from state, local, tribal, and private sector sources and to develop mechanisms to provide analytical and operational feedback to entities that provide information to the Secretary; and (2) provide training and educational opportunities to DHS employees and ongoing evaluation of the use of homeland security information by employees of the Office and DHS intelligence components.
Directs the Secretary: (1) acting through the Under Secretary, to establish a comprehensive information technology network architecture for the Office; and (2) to report to specified committees on developing and implementing that architecture.
(Sec. 505) Directs the Secretary to: (1) establish a State, Local, and Tribal Information Fusion Center Initiative to establish partnerships with state, local, tribal, and regional information fusion centers; and (2) report to Congress with a concept of operations for the Initiative, which shall include a privacy and civil liberties impact assessment.
(Sec. 506) Directs the Secretary, acting through the Under Secretary, to establish a Homeland Security Information Sharing Fellows Program to: (1) detail state, local, and tribal analysts and law enforcement officials and officers to DHS to participate in the work of the Office; and (2) promote information sharing.
(Sec. 507) Directs the Secretary to ensure that: (1) the Under Secretary makes full and efficient use of open-source information to produce open-source intelligence products; and (2) DHS makes full and efficient use of such information to analyze U.S. critical infrastructure nodes from the perspective of terrorists using publicly available information.
(Sec. 508) Directs the Secretary, acting through the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement (ICE), to provide the administrative support and funding required for maintenance of the Human Smuggling and Trafficking Center. Requires such funding to be used for the hiring of not fewer than 30 full-time equivalent Center staff. Directs the Secretary to: (1) develop a plan for the Center; and (2) execute with the Attorney General a Memorandum of Understanding to clarify cooperation and coordination between ICE and the Federal Bureau of Investigation (FBI) regarding issues relating to human smuggling, human trafficking, and terrorist travel.
Title VI: Prevention of Nuclear and Biological Terrorism - (Sec. 601) Establishes within DHS an Office of Domestic Nuclear Detection to protect against the unauthorized importation, possession, storage, transportation, development, or use of a nuclear explosive device, fissile material, or radiological material against the United States. Requires the Secretary to vest in the Office's Director primary responsibility in DHS for: (1) administering all nuclear and radiological detection and prevention functions and assets of DHS; and (2) coordinating such administration with such activities of other federal agencies.
Sets forth the Director's functions and duties. Directs the Secretary to transfer to the Director certain DHS functions, assets, and personnel, except those relating to consequence management and recovery, and to ensure the elimination of duplication of effort.
Requires the Director to report to Congress annually on the global detection strategy, the status of implementation of the global nuclear detection architecture, the schedule for future detection system deployments, the Office's research and development program, and a summary of actions taken by the Office during the reporting period to counter nuclear and radiological threats.
Directs: (1) the Secretary to establish within the Office an Advisory Council on Nuclear Detection; and (2) the President to establish an Interagency Coordination Council. Authorizes appropriations.
(Sec. 602) Amends HSA to establish within DHS a Chief Medical Officer, who shall have primary responsibility within DHS for medical issues related to emergencies, including: (1) serving as the Secretary's principal advisor on medical and public health issues; and (2) coordinating DHS biosurveillance and detection activities. Establishes in DHS a Deputy Chief Medical Officer.
(Sec. 603) Directs the Secretary, acting through the Chief Medical Officer, to establish a National Biosurveillance Integration System (NBIS) to enhance the capability of the government to rapidly identify, characterize, and localize a biological event by integrating and analyzing data from human health, animal, plant, food, and environmental monitoring systems into a single comprehensive system.
Directs the Secretary to ensure that the Chief Medical Officer is notified of any threat of a biological event and receives all reports related to threats of biological events in a timely manner.
Directs the Chief Medical Officer to: (1) establish an interagency coordination council to facilitate interagency cooperation to advise the Chief Medical Officer on recommendations to enhance DHS biosurveillance capabilities; and (2) report to Congress each year regarding NBIS.
(Sec. 604) Amends the Public Health Service Act (regarding public health countermeasures to a bioterrorist attack) to direct the Secretary to utilize existing risk assessments that the Secretary considers credible. Directs the Secretary, in conducting threat assessments and determinations of chemical, biological, radiological, and nuclear agents, to consider the completion of such assessments and determinations for groups of agents toward the goal of facilitating the assessment of countermeasures by the HHS Secretary. Requires the grouping of agents to be designed to facilitate such assessments regarding the following two categories of countermeasures: those that may address more than one agent identified and those that may address adverse health consequences that are common to exposure to different agents. Directs the Secretary to complete threat determinations by December 31, 2007. Amends HSA to extend the authorization of appropriations through FY 2009, and make additional appropriations for FY2007, regarding threat assessments.
(Sec. 605) Directs the Secretary to study and report on staffing and training requirements for pending capital programs to construct biodefense laboratories at Biosafety Levels three and four or to expand current biodefense laboratories to such levels.
(Sec. 606) Terminates DHS's Science and Technology Advisory Committee 10 years after its establishment.
Title VII: Homeland Security Infrastructure Protection and Cybersecurity Enhancement - (Sec. 701) - Amends HSA to establish in DHS an Office of Infrastructure Protection, headed by an Assistant Secretary, whose responsibilities shall include: (1) identifying and carrying out comprehensive risk assessments of key resources and critical infrastructure to determine the risks posed by particular types of terrorist attacks within the United States; and (2) developing and maintaining a comprehensive national plan for securing such resources and infrastructure.
Establishes in the Office an Integration Center, staffed by the Office of Infrastructure Protection, the Office of Cybersecurity and Telecommunications (established by this title), and the Office of Intelligence and Analysis. Makes the Integration Center responsible for integrating relevant threat, consequence, and vulnerability information, analysis, and assessments to identify priorities for protective and support measures, and for developing and disseminating analytical products that combine homeland security information with critical infrastructure and key resource vulnerability and consequence information. Directs the Secretary to ensure that DHS makes full and efficient use of open-source information to analyze U.S. critical infrastructure from the perspective of terrorists using publicly available information.
Designates an Assistant Secretary to head the Office of Cybersecurity and Telecommunications, whose responsibilities shall include: (1) establishing and managing a national cybersecurity response system, a national cybersecurity threat and vulnerability reduction program, an emergency communications program, and a continuity of operations program; and (2) promoting voluntary cybersecurity best practices.
(Sec. 702) Directs the Secretary to: (1) determine the extent to which architecture, engineering, surveying, and mapping activities related to U.S. critical infrastructure are being sent to offshore locations; (2) assess whether any vulnerabilities or threats exist; and (3) recommend policies, regulations, or legislation that may be necessary to protect U.S. national and homeland security interests.
(Sec. 703) Authorizes the Secretary, acting through the Assistant Secretary and in conjunction with the National Science Foundation (NSF), to establish a program to award grants to institutions of higher education for: (1) the establishment or expansion of cybersecurity professional development programs and associate degree programs; and (2) the purchase of equipment to provide training in cybersecurity under such programs. Requires the Director of NSF to operate the program.
(Sec. 704) Directs the Secretary to: (1) seek to reduce U.S. vulnerability to terrorism and deny the use of infrastructure as a weapon by maintaining a catalog of the nation's most at risk infrastructure in a single repository of national assets known as the National Asset Database, to be used in the development, coordination, integration, and implementation of plans and programs to identify, catalog, prioritize, and protect critical infrastructure and key resources and in providing any covered grant to assist in preventing, reducing, mitigating, or responding to terrorist attack; (2) report annually to the homeland security committees on critical infrastructure included in the Database that is most at risk to terrorism; and (3) provide the members of such committees with a classified briefing and a classified annex with each report. Directs the Secretary to issue guidelines for states to submit uniform information for possible inclusion and review of such submissions.
Title VIII: Grants Administration - Amends HSA to set forth provisions governing DHS grant funding for first responders pursuant to the State Homeland Security Grant Program, the Urban Area Security Initiative, and the Law Enforcement Terrorism Prevention Program. Excludes non-DHS programs, fire grant programs, and the Emergency Management Performance Grant Program and Urban Search and Rescue Grants Program.
Makes eligible for a covered grant any state, region, or directly eligible tribe. Directs the Secretary to require any state applying for a covered grant to submit a three-year state homeland security plan. Precludes a grant award to a state absent approval of such plan. Requires regional and tribal applications to be coordinated with state applications.
Requires the Secretary to establish a First Responder Grants Board. Directs the Board to evaluate and annually prioritize pending applications for covered grants based upon: (1) the degree to which they would lessen the threat to, vulnerability of, and consequences for persons and critical infrastructure; (2) prior acts of international terrorism; (3) elevations in the threat alert level; (4) the existence of significant ports of entry; and (5) the most current risk assessment available of the threats of terrorism against the United States.
Requires the Board to provide an opportunity for applicants to provide information regarding the risk profile of the applicants' jurisdictions. Directs the Board to coordinate with state, local, regional, and tribal officials in establishing grant criteria and to specifically consider terrorist threats against specified critical infrastructure sectors and to populations in all areas of the United States. Sets forth minimum funding amounts for grants, providing for larger grant awards to applicants that have a significant international border.
Lists authorized uses of covered grants. Prohibits the use of grant funds to supplant state or local funds, to construct physical facilities (with specified exceptions), to acquire land, or for any state or local government cost sharing contribution.
Authorizes: (1) a state and local government to use a covered grant to pay personnel costs dedicated exclusively to counterterrorism and intelligence activities consistent with an applicable state homeland security plan; and (2) covered grant applicants to petition the Secretary for reimbursement of the costs of any activity relating to terrorism prevention, preparedness, response, or recovery that is a federal duty being performed by a state or local government under agreement with a federal agency.
Modifies the definition of “emergency response providers” to include governmental and nongovernmental emergency public safety, law enforcement, and fire and related organizations.
Supersedes a provision of the USA PATRIOT Act that sets forth minimum allocation amounts for domestic preparedness grants.
(Sec. 802) Earmarks $2.9 billion from FY2007 appropriations for covered grants.
(Sec. 803) Establishes in DHS a Metropolitan Medical Response System, under which the Assistant Secretary for Grants and Training shall administer grants to develop, maintain, and enhance medical preparedness systems that are capable of responding effectively during the initial hours of a public health crisis or mass-casualty event caused by an emergency. Directs the System to make grants to local governments to enhance specified activities, including medical surge capacity, nuclear detection and emergency communications capabilities, regional collaboration, and fatality management. Authorizes appropriations.
Title IX: Transportation Security - Subtitle A: Rail and Public Transportation Security - (Sec. 901) Directs the Secretary, acting through the Transportation Security Administration (TSA), to: (1) establish standards, protocols, and procedures for vulnerability assessments and security plans for rail and public transportation systems; and (2) require a designated system owner or operator to assess the system's vulnerability to terrorism and to prepare and implement a security plan.
Directs the Secretary to provide assistance and guidance in conducting vulnerability assessments and require that such assessments include: (1) identification and evaluation of critical infrastructure and assets; and (2) identification of vulnerabilities to such infrastructure and assets in specified areas. Directs the Secretary to provide in a timely manner threat information that is relevant to a rail or public transportation system, including an assessment of the most likely method that could be used by terrorists to exploit vulnerabilities and their likelihood of success.
Directs the Secretary to provide assistance and guidance in preparing and implementing security plans, and require the plans to include: (1) security measures to address vulnerabilities identified in the assessment; (2) plans for periodic drills and exercises that include participation by local law enforcement agencies and first responders; (3) equipment, plans, and procedures to be implemented or used by the system in response to a terrorist attack; (4) identification of steps taken with state and local law enforcement agencies, first responders, and federal officials to coordinate security measures and response plans; (5) a description of training and exercises for transportation system employees, including a strategy or timeline for training; and (6) enhanced security measures to be taken when the Secretary declares a period of heightened security risk.
Authorizes the Secretary to endorse, and transportation systems to elect to comply with, existing procedures, protocols, and standards that meet the requirements of this subtitle. Directs the Secretary to permit the development and implementation of coordinated vulnerability assessments and security plans to the extent two or more such systems have shared facilities that are geographically close. Provides for enforcement by the Secretary of penalties.
Directs the Secretary to develop, implement, and update a supplement to the National Strategy for Transportation Security, to be entitled the National Rail and Public Transportation Security Plan.
Directs the Secretary to develop, submit to the appropriate congressional committees, and annually update a Rail and Public Transportation Strategic Information Sharing Plan to ensure the robust development of both tactical and strategic intelligence products pertaining to the threats and vulnerabilities to transportation systems for dissemination to federal, state, and local agencies, tribal governments, and rail and public transportation stakeholders.
(Sec. 902) Directs the Secretary to issue an interim final rule as a temporary regulation implementing these provisions and initiate a rulemaking as soon as practicable.
(Sec. 903) Directs the Secretary, in coordination with TSA, to develop and issue detailed guidance for a transportation worker security training program to enhance the capabilities of such workers to prevent, prepare for, respond to, mitigate against, and recover from acts of terrorism.
Directs the Secretary to support the development, promulgation, and regular updating of national voluntary consensus standards for transportation security training and ensure that the training provided is consistent with such standards.
(Sec. 904) Directs the Secretary to consider whether memoranda of agreement should be updated or executed with other federal agencies to promote communications, efficiency, and nonduplication of effort in fulfilling the requirements of this title.
(Sec. 905) Directs the Secretary to establish a grant program to allocate federal homeland security assistance to designated transportation systems on the basis of risk and need. Requires the Secretary to develop a prioritization for awarding grants based upon: (1) the most current risk assessment available from DHS, incorporating threat, vulnerability, and consequence analysis; and (2) the national economic and strategic defense considerations of individual systems.
(Sec. 906) Directs the Secretary to establish: (1) a Rail and Public Transportation Security Exercise Program to test and evaluate the capabilities of government agencies, tribal governments, transportation system employees and management, emergency response providers, and the private sector to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism, natural disasters, and other emergencies at transportation systems; and (2) a Remedial Action Management System to identify and analyze each transportation system exercise for lessons learned and best practices, disseminate such practices to program participants, monitor their implementation, and conduct remedial action tracking and long-term trend analysis.
(Sec. 907) Earmarks from FY2007 appropriations $400 million for grants and assistance to improve rail and public transportation security for that fiscal year.
Subtitle B: Transportation Security Operations Enhancements - (Sec. 911) Reauthorizes aviation security funding for FY2006-FY2010.
(Sec. 912) Amends the Aviation and Transportation Security Act to reauthorize through FY2010 and expand the scope of provisions regarding research and development of transportation security technology.
(Sec. 913) Provides for individual liability to the government for a civil penalty of up to $10,000 for violation of a regulation prescribed or order issued by the Secretary with respect to nonaviation transportation.
(Sec. 914) Provides that no U.S. officer or employee inspecting a person or property for a security screening shall be held liable for civil damages as a result of such an inspection performed in good faith.
(Sec. 915) Authorizes the Secretary to establish a program under which the screening of passengers and property at an airport may be supplemented for limited periods in case of emergencies by screening personnel of a qualified private company.
(Sec. 916) Authorizes the Secretary to assess a fee for a threat assessment to determine that an alien applying for recurrent training in the operation of any aircraft having a maximum certified takeoff weight of more than 12,500 pounds is properly identified and has not since the time of any prior threat assessment conducted pursuant to this section become a present risk to aviation or national security. Provides for terminating the training of any individual determined to be a risk.
(Sec. 917) Directs the Secretary to ensure that DHS maintains an accounting of monies retained under provisions regarding disposition of unclaimed money.
Subtitle C: Passenger Screening - (Sec. 921) Directs the Assistant Secretary of Homeland Security to: (1) issue regulations to require a passenger to present an acceptable personal identification document for inspection before entering a sterile area of an airport in the United States; and (2) establish a list of acceptable personal identification documents.
Permits the Assistant Secretary to include a personal identification document on that list only if the document is issued under the authority of the U.S. government, a state, or a foreign government and includes: (1) the individual's full legal name, date of birth, gender, signature, and photograph; and (2) physical security features designed to prevent tampering, counterfeiting, and duplication of the document for fraudulent purposes. Directs the Assistant Secretary to include on the list drivers' licenses and personal identification cards that meet requirements of the Real ID Act of 2005.
Directs the Assistant Secretary to establish: (1) procedures to match the name on a personal identification document with the name on an airline boarding document and the photograph with the passenger; and (2) standards for training personnel who check personal identification documents to recognize unacceptable and false documents.
Subjects a passenger attempting to enter such sterile area who does not present an acceptable identification document to additional security screening. Sets penalties for knowingly presenting a false identification document in an attempt to enter such area.
(Sec. 922) Directs the Secretary, before issuing final regulations to amend the rules regarding the manner in which international passenger manifest data is transmitted by air carriers to CBP, to: (1) conduct a pilot program to evaluate the use of automated systems for the immediate prescreening of passengers on flights in foreign air transportation; and (2) report to specified committees an assessment of the technical performance of the tested system, a description of the provisions of the tested systems to protect passenger civil liberties and privacy rights, and cost projections for implementation.
(Sec. 923) Encourages the Secretary to pursue international cooperative efforts in the appropriate forum to set technology standards for passenger data and collection systems.
(Sec. 924) Directs the Assistant Secretary (TSA) to submit to specified committees a report containing: (1) information on the percentage of airline passengers that are designated for secondary search on a daily basis by the Computer Assisted Passenger Prescreening System (CAPPS), the percentage found to be terrorists or associates of terrorists, and the annual cost of administering CAPPS; and (2) an evaluation of whether CAPPS screening should be continued after full deployment of the Secure Flight program. Directs the Assistant Secretary to develop a process to ensure that a passenger who has successfully completed a fingerprint-based background check conducted by DHS, or holds a security clearance issued by DHS, is not subject to secondary screening as the result of a designation under CAPPS.
(Sec. 925) Directs the Assistant Secretary to: (1) ensure that a pilot who is eligible to receive federal flight deck officer training is offered a choice and at least 30 days advance notice of training dates; (2) establish a program to improve travel access to federal flight deck officer training facilities through the use of charter flights or improved scheduled air carrier service; (3) establish qualification standards for facilities where federal flight deck officers can receive requalification and recurrent training and provide for requalification and recurrent training at geographically diverse facilities; (4) provide federal flight flight deck officer training, requalification training, and recurrent training to eligible pilots at no cost; and (5) establish a secure means for TSA personnel to communicate with federal flight deck officers and for federal flight deck officers to communicate with each other.
Replaces provisions authorizing the Under Secretary of Transportation for Security to revoke the deputization of a pilot as a federal flight deck officer with provisions: (1) authorizing the Assistant Secretary to issue, for good cause, an order revoking the deputization of a federal flight deck officer; (2) requiring such order to include the specific reasons for the revocation; (3) entitling an adversely affected individual to a hearing on the record; (4) providing for appeals to the Secretary; and (5) making the determination and order revoking deputization final and conclusive unless that individual files an application for judicial review within 60 days.
Directs the Assistant Secretary to implement a pilot program to allow pilots participating in the federal flight deck officer program to transport their firearms on their persons. Allows the Assistant Secretary to prescribe any training, equipment, or procedures deemed necessary to ensure safety and maximize weapon retention. Directs the Assistant Secretary to conduct a review of the safety record of the program and report to Congress. Requires the Assistant Secretary to allow all pilots participating in the program the option of carrying their firearm on their person upon determining that the safety level under the program is comparable to that determined under existing methods of pilots carrying firearms on aircraft.
Encourages the President to pursue aggressively agreements with foreign governments to allow maximum deployment of federal flight deck officers on international flights. Directs the President to report to Congress on the status of such efforts.
Replaces specified references to the Under Secretary of Transportation for Security with references to the Assistant Secretary of Homeland Security (TSA).
(Sec. 926) Directs the Assistant Secretary to implement a pilot program at five commercial service airports to physically screen all airport workers with access to sterile areas of the airport. Requires: (1) at least two of the participating airports to be large hub airports, with each of the remaining airports representing a different airport security risk category; (2) screening to be conducted under the same standards as apply to individuals at airport security screening checkpoints and to be carried out by contract screeners at a minimum of two airports; and (3) the program to be carried out for not less than 180 days.
(Sec. 927) Directs the Assistant Secretary to prohibit scissors (with an exception) and tools from being carried aboard a passenger aircraft operated by an air carrier.
(Sec. 928) Directs the Assistant Secretary to: (1) implement requirements of this subtitle regarding secured areas of airports; and (2) set a schedule for requiring airports to update their airport security plans to comply within three years after their issuance.
(Sec. 929) Directs the Assistant Secretary to: (1) implement requirements regarding foreign repair station security; and (2) notify the appropriate committees and publish in the Federal Register DHS's any reasons for missing the deadline and an update of progress towards meeting the requirements every week that noncompliance continues.
Subtitle D: Technical Amendments - (Sec. 931) Repeals provisions: (1) of the Vision 100--Century of Aviation Reauthorization Act requiring the Under Secretary for Border and Transportation Security to provide a certification on eight efficacy criteria for TSA's Computer Assisted Passenger Screening Program (CAPPS II) and requiring the Secretary to report on the potential impact of CAPPS II on privacy and civil liberties; (2) of the Aviation and Transportation Security Act requiring an annual report on progress in evaluating and determining whether to take actions to enhance transportation security; and (3) requiring an annual report on the establishment of measureable goals and objectives consistent with requirements of the Government Performance and Results Act of 1993.
(Sec. 932) Consolidates into a single report the requirements for an annual report on transportation security and a biennial report on screening and foreign air carrier and airport security.
(Sec. 933) Applies requirements for aircraft charter customer and lessee prescreening to aircraft with a maximum certificated takeoff weight greater than 12,500 pounds.
Title X: Miscellaneous Provisions - (Sec. 1001) Amends HSA to prohibit knowingly using the name, insignia, or seal of DHS or the title of any DHS officer or employee in connection with any advertisement, commercial activity, or audiovisual production in a manner reasonably calculated to convey the impression that DHS has approved, endorsed, or authorized such use, except with the Secretary's written permission. Authorizes the Attorney General to initiate a civil proceeding in U.S. district court to enjoin any such act or practice.
(Sec. 1002) Directs the Secretary to include U.S. military surplus vehicles having demonstrated utility for responding to disasters on the Authorized Equipment List states and localities are allowed to purchase, modify, upgrade, and maintain using homeland security assistance administered by DHS.
(Sec. 1003) Directs the Under Secretary for Science and Technology to use and make available to state and local agencies computer simulations to help strengthen the ability of municipalities to prepare for and respond to a chemical, biological, or other terrorist attack and to standardize response training.
(Sec. 1004) Directs the Secretary to submit to Congress the final report on the nationwide emergency notification system study that was prescribed in the Intelligence Reform and Terrorism Prevention Act of 2004.
(Sec. 1005) Directs the Secretary to report to Congress on the feasibility of devising an exercise program to evaluate federal, state, local, and tribal capabilities to detect and prevent fraud, waste, and abuse in federal emergency assistance programs
(Sec. 1006) Prohibits reimbursements for a DHS detailee from exceeding the highest rate allowable to a member of the Senior Executive Service.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5814 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5814
To authorize appropriations for the Department of Homeland Security,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 17, 2006
Mr. King of New York (for himself, Mr. Thompson of Mississippi, Mr.
Rogers of Alabama, and Mr. Meek of Florida) introduced the following
bill; which was referred to the Committee on Homeland Security
_______________________________________________________________________
A BILL
To authorize appropriations for the Department of Homeland Security,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Homeland Security Authorization Act for Fiscal Year 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Department of Homeland Security.
TITLE II--IMPROVING MANAGEMENT, INTEGRATION, AND OVERSIGHT
Subtitle A--Management Reform
Sec. 201. Abolishment of Under Secretary for Management.
Sec. 202. Providing direct line authority for chief operating officers.
Sec. 203. Emergency planning and response for individuals with
disabilities.
Sec. 204. Government Accountability Office study on accessibility of
emergency shelters.
Sec. 205. Homeland Security Education Program.
Subtitle B--Integration and Organizational Improvements
Sec. 221. Establishment of Directorate for Policy, Planning, and
International Affairs.
Sec. 222. Consolidation of the efforts of the Center for Domestic
Preparedness and the Noble Training Center.
Sec. 223. Government Accountability Office study of integration and
adequacy of training programs related to
asylum at ports of entry.
Subtitle C--Strengthening Oversight
Sec. 231. Congressional notification requirement.
Sec. 232. Authorization Liaison Officer.
Sec. 233. Required budget line item for Office of Counternarcotics
Enforcement.
Sec. 234. Secure border initiative financial accountability.
TITLE III--PROCUREMENT REFORM
Sec. 301. Homeland security procurement training.
Sec. 302. Additional requirements to review past performance of
contractors.
Sec. 303. Streamlining of SAFETY Act and procurement processes.
TITLE IV--PERSONNEL AUTHORITIES
Subtitle A--Workforce Enhancements
Sec. 401. Cost-effective training for border patrol agents.
Sec. 402. Continuation of Federal law enforcement training center
authority to appoint and maintain a cadre
of Federal annuitants to support training.
Sec. 403. Canine detection team coordination and certification.
Sec. 404. Authority for Customs and Border Protection to appoint and
maintain a cadre of Federal annuitants.
Sec. 405. Strengthening border patrol recruitment and retention.
Subtitle B--Improving Security Clearance Process
Sec. 411. Increased security screening of Homeland Security Officials.
Sec. 412. Authorities of Chief Security Officer.
TITLE V--INTELLIGENCE AND INFORMATION SHARING
Sec. 501. Departmental reorganization.
Sec. 502. Intelligence components of Department of Homeland Security.
Sec. 503. Homeland Security Advisory System.
Sec. 504. Homeland security information sharing.
Sec. 505. State, Local, Tribal, and Regional Information Fusion Center
Initiative.
Sec. 506. Homeland Security Information Sharing Fellows Program.
Sec. 507. Full and efficient use of open source intelligence.
Sec. 508. Strengthening the capabilities of the Human Smuggling and
Trafficking Center.
TITLE VI--PREVENTION OF NUCLEAR AND BIOLOGICAL TERRORISM
Sec. 601. Establishment of Office of Domestic Nuclear Detection.
Sec. 602. Chief Medical Officer.
Sec. 603. National Biosurveillance Integration System.
Sec. 604. Material threats.
Sec. 605. Study on national biodefense training.
Sec. 606. Homeland Security Science and Technology Advisory Committee.
TITLE VII--HOMELAND SECURITY INFRASTRUCTURE PROTECTION AND
CYBERSECURITY ENHANCEMENT
Sec. 701. Infrastructure Protection and Cybersecurity.
Sec. 702. Cybersecurity Training Program and Equipment.
TITLE VIII--GRANTS ADMINISTRATION
Sec. 801. Faster and smarter funding for first responders.
Sec. 802. Authorization of appropriations.
TITLE IX--TRANSPORTATION SECURITY
Subtitle A--Rail and Public Transportation Security
Sec. 901. Transportation security.
Sec. 902. Rulemaking requirements.
Sec. 903. Rail and public transportation security training program.
Sec. 904. Interagency cooperation.
Sec. 905. Rail and public transportation security grant program.
Sec. 906. Rail and public transportation security exercise program.
Sec. 907. Authorization of Appropriations.
Subtitle B--Transportation Security Operations Enhancements
Sec. 911. Aviation security funding.
Sec. 912. Research and development of transportation security
technology.
Sec. 913. Enforcement authority in nonaviation transportation.
Sec. 914. Liability for security screening inspections.
Sec. 915. Temporary private screener assistance.
Sec. 916. Recurrent training to operate certain aircraft.
Sec. 917. Annual report on unclaimed money recovered.
Subtitle C--Passenger Screening
Sec. 921. Passenger identification documents.
Sec. 922. International passenger prescreening.
Sec. 923. International cooperative efforts.
Sec. 924. Computer assisted passenger prescreening system.
Sec. 925. Federal flight deck officers.
Subtitle D--Technical Amendments
Sec. 931. Reporting requirements repealed.
Sec. 932. Consolidation of reports.
Sec. 933. Aircraft charter customer and lessee prescreening.
TITLE X--MISCELLANEOUS PROVISIONS
Sec. 1001. Protection of Department of Homeland Security name,
initials, insignia, and seal.
Sec. 1002. Authorized use of surplus military vehicles.
Sec. 1003. Encouraging use of computerized training aids.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. DEPARTMENT OF HOMELAND SECURITY.
There is authorized to be appropriated to the Secretary of Homeland
Security for the necessary expenses of the Department of Homeland
Security for fiscal year 2007, $34,698,270,000.
TITLE II--IMPROVING MANAGEMENT, INTEGRATION, AND OVERSIGHT
Subtitle A--Management Reform
SEC. 201. ABOLISHMENT OF UNDER SECRETARY FOR MANAGEMENT.
(a) Abolishment.--Section 701 and section 702 of the Homeland
Security Act of 2002 (6 U.S.C. 341) is amended by striking ``Under
Secretary for Management'' wherever it appears and inserting ``Deputy
Secretary'' .
(b) Conforming Amendment.--Section 103(a) of the Homeland Security
Act of 2002 (6 U.S.C. 113(a)) is amended by striking paragraph (7) and
redesignating paragraphs (8) through (10) as paragraphs (7) through (9)
respectively.
SEC. 202. PROVIDING DIRECT LINE AUTHORITY FOR CHIEF OPERATING OFFICERS.
(a) In General.--The Department's Chief Operating Officers shall
include the following:
(1) the Chief Financial Officer;
(2) the Chief Procurement Officer;
(3) the Chief Information Officer;
(4) the Chief Human Resources Officer;
(5) the Chief Administrative Officer; and
(6) the Chief Security Officer.
(b) Delegation.--The Secretary shall delegate to the Chief
Operating Officers direct authority over their respective counterparts
in component agencies to ensure that the component agencies adhere to
the laws, rules, regulations, and departmental policies for which the
Chief Operating Officers are responsible for implementing. In
coordination with the head of the relevant component agency, such
authorities shall include, with respect to the Officer's counterparts
within component agencies of the Department, the following:
(1) the ability to direct the activities of personnel;
(2) the ability to direct planning, operations, and
training; and
(3) the ability to direct the budget and other financial
resources.
(c) Coordination With Heads of Component Agencies.--The Chief
Operating Officers in component agencies shall coordinate with the
heads of their respective agencies while fulfilling their
responsibilities under subsection (b) to report directly to the Chief
Operating Officers referred to in subsection (a).
SEC. 203. EMERGENCY PLANNING AND RESPONSE FOR INDIVIDUALS WITH
DISABILITIES.
(a) Officer for Civil Rights and Civil Liberties as Coordinator for
the Secretary.--Section 705(a) of the Homeland Security Act of 2002 (6
U.S.C. 345(a)) is amended by striking ``and'' after the semicolon at
the end of paragraph (5), by striking the period at the end of
paragraph (6) and inserting ``; and'', and by adding at the end the
following:
``(7) serve as the Secretary's coordinator for issues
relating to individuals with disabilities and mitigation,
preparedness, response, and recovery, by assisting the
Secretary and directorates and offices of the Department to
develop, implement, and periodically review relevant policies
and procedures.''.
(b) Coordinator for Director of FEMA.--Section 507 of the Homeland
Security Act of 2002 (6 U.S.C. 317) is amended by adding at the end the
following:
``(c) Coordinator for Issues Relating to Individuals With
Disabilities.--The Director of the Federal Emergency Management Agency
shall appoint an individual to serve as the Director's coordinator for
issues relating to individuals with disabilities. Such individual shall
report to the Director and to the Officer for Civil Rights and Civil
Liberties.''.
(c) Coordinator for Under Secretary for Preparedness.--Section 502
of the Homeland Security Act of 2002 (6 U.S.C. 312) is amended by
inserting ``(a) In General.--'' before ``The Secretary'', and by adding
at the end the following:
``(b) Coordinator for Issues Relating to Individuals With
Disabilities.--The Under Secretary for Preparedness shall appoint a
coordinator for issues relating to individuals with disabilities. Such
individual shall report to the Under Secretary and to the Officer for
Civil Rights and Civil Liberties.''.
SEC. 204. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON ACCESSIBILITY OF
EMERGENCY SHELTERS.
(a) In General.--The Comptroller General of the United States shall
conduct a national study regarding whether, and, if so, to what extent,
emergency shelters for use in response to a major disaster, as that
term is defined in section 102(2) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), are accessible
to, and usable by, individuals with disabilities.
(b) Report.--Not later than 12 months after the date of enactment
of this Act, the Comptroller General shall submit to Congress a report
summarizing the results of the study under subsection (a).
SEC. 205. HOMELAND SECURITY EDUCATION PROGRAM.
(a) Establishment.--The Secretary, acting through the Department
official with primary responsibility for grants and training, shall
establish a graduate-level Homeland Security Education Program in the
National Capital Region to provide educational opportunities to senior
Federal officials and selected State and local officials with homeland
security and emergency management responsibilities.
(b) Leveraging of Existing Resources.--To maximize efficiency and
effectiveness in carrying out the Program, the Secretary shall use
existing Department-reviewed Master's Degree curricula in homeland
security, including curricula pending accreditation, together with
associated learning materials, quality assessment tools, digital
libraries, exercise systems and other curriculum components already
being delivered by Federal, State, and private universities and
educational facilities, including the National Domestic Preparedness
Consortium, the National Fire Academy, and the Emergency Management
Institute.
(c) Student Enrollment.--
(1) Sources.--The student body of the Program shall include
officials from Federal, State, tribal, and local governments,
and from other sources designated by the Secretary.
(2) Enrollment priorities and selection criteria.--The
Secretary shall establish policies governing student enrollment
priorities and selection criteria that are consistent with the
mission of the Program.
(3) Diversity.--The Secretary shall take reasonable steps
to ensure that the student body represents racial, gender, and
ethnic diversity.
(d) Service Commitment.--
(1) In general.--Before any employee selected for the
Program may be assigned to such education, the employee shall
agree in writing to--
(A) continue in the service of the agency
sponsoring the employee during the two-year period
beginning on the date on which the employee completes
the program, unless the employee is involuntarily
separated from the service of that agency for reasons
other than reduction in force; and
(B) pay to the Government the amount of the
additional expenses incurred by the Government in
connection with the employee's education if the
employee is voluntarily separated from the service to
the agency before the end of the period described in
subparagraph (A).
(2) Payment of expenses.--
(A) Exemption.--An employee who leaves the service
of the sponsoring agency to enter into the service of
another agency in any branch of the Government shall
not be required to make a payment under paragraph
(1)(B), unless the head of the agency that sponsored
the education of the employee notifies the employee
before the date on which the employee enters the
service of the other agency that payment is required
under that paragraph.
(B) Amount of payment.--If an employee is required
to make a payment under paragraph (1)(B), the agency
that sponsored the education of the employee shall
determine the amount of the payment, except that such
amount may not exceed the pro rata share of the
expenses incurred for the time remaining in the two-
year period.
(3) Recovery of payment.--If an employee who is required to
make a payment under this subsection does not make the payment,
a sum equal to the amount of the expenses incurred by the
Government for the education of that employee is recoverable by
the Government from the employee or his estate by--
(A) setoff against accrued pay, compensation,
amount of retirement credit, or other amount due to the
employee from the Government; or
(B) such other method as is provided by law for the
recovery of amounts owing to the Government.
Subtitle B--Integration and Organizational Improvements
SEC. 221. ESTABLISHMENT OF DIRECTORATE FOR POLICY, PLANNING, AND
INTERNATIONAL AFFAIRS.
(a) Establishment.--The Homeland Security Act of 2002 (6 U.S.C. 101
et seq.) is amended)--
(1) by redesignating title VI as subtitle B of title XVIII,
and moving such title so as to appear after subtitle A of title
XVIII, as added by section 403;
(2) by striking the heading for such title and inserting
the following:
``Subtitle B--Treatment of Certain Charitable Trusts''.
(3) by redesignating section 601 as section 1811; and
(4) by inserting after title V the following new title:
``TITLE VI--POLICY, PLANNING, AND INTERNATIONAL AFFAIRS
``SEC. 601. DIRECTORATE FOR POLICY, PLANNING, AND INTERNATIONAL
AFFAIRS.
``(a) Establishment.--There is in the Department a Directorate for
Policy, Planning, and International Affairs.
``(b) Under Secretary for Policy.--
``(1) In general.--The head of the Directorate is the Under
Secretary for Policy, who shall be appointed by the President.
``(2) Qualifications.--No individual shall be appointed
Under Secretary for Policy under paragraph (1) unless the
individual has, by education and experience, demonstrated
knowledge, ability, and skill in the fields of policy and
strategic planning.
``(c) Responsibilities of Under Secretary.--
``(1) Policy responsibilities.--Subject to the direction
and control of the Secretary, the policy responsibilities of
the Under Secretary for Policy shall be as follows:
``(A) To serve as the principal policy advisor to
the Secretary.
``(B) To provide overall direction and supervision
of policy development for the programs, offices, and
activities of the Department.
``(C) To establish and implement a formal
policymaking process for the Department.
``(D) To analyze, evaluate, and review the
completed, ongoing, and proposed programs of the
Department to ensure they are compatible with the
statutory and regulatory responsibilities of the
Department and with the Secretary's priorities,
strategic plans, and policies.
``(E) To ensure that the budget of the Department
(including the development of future year budgets and
interaction with the Office of Management and Budget
and with Congress) is compatible with the statutory and
regulatory responsibilities of the Department and with
the Secretary's priorities, strategic plans, and
policies.
``(F) To represent the Department in any
development of policy that requires the Department to
consult with another Federal agency, the Office of the
President, a foreign government, or any other
governmental or private sector entity.
``(G) To supervise and oversee policy development
undertaken by the component agencies and offices of the
Department.
``(H) To provide for the coordination and
maintenance of the trade and customs revenue functions
of the Department.
``(2) Strategic planning responsibilities.--Subject to the
direction and control of the Secretary, the strategic planning
responsibilities of the Under Secretary for Policy shall be as
follows:
``(A) To conduct long-range, strategic planning for
the Department.
``(B) To prepare national and Department
strategies, as appropriate.
``(C) To conduct net assessments of issues facing
the Department.
``(3) International responsibilities.--Subject to the
direction and control of the Secretary, the international
responsibilities of the Under Secretary for Policy shall be as
follows:
``(A) To promote the exchange of information and
the sharing of best practices and technology relating
to homeland security with nations friendly to the
United States, including--
``(i) the exchange of information on
research and development on homeland security
technologies in coordination with the Under
Secretary for Science and Technology;
``(ii) joint training exercises of first
responders in coordination with the Department
official with primary responsibility for grants
and training; and
``(iii) exchanging expertise and
information on terrorism prevention, response,
and crisis management in coordination with the
Director of the Federal Emergency Management
Agency.
``(B) To identify any homeland security-related
area in which the United States and other nations and
appropriate international organizations could
collaborate to improve capabilities and to encourage
the exchange of information or sharing of best
practices and technology relating to that area.
``(C) To plan and participate in international
conferences, exchange programs (including the exchange
of scientists, engineers, and other experts), and other
training activities with friendly nations in
coordination with the Under Secretary for Science and
Technology.
``(D) To manage international activities within the
Department in coordination with other Federal officials
with responsibility for counterterrorism matters.
``(E) To oversee the activities of Department
personnel operating in other countries or traveling to
other countries.
``(F) To represent the Department in international
negotiations and working groups.
``(4) Private sector.--
``(A) To create and foster strategic communications
with the private sector to enhance the primary mission
of the Department to protect the United States.
``(B) To advise the Secretary on the impact on the
private sector of the policies, regulations, processes,
and actions of the Department.
``(C) To create and manage private sector advisory
councils composed of representatives of industries and
associations designated by the Secretary--
``(i) to advise the Secretary on private
sector products, applications, and solutions as
they relate to homeland security challenges;
and
``(ii) to advise the Secretary on homeland
security policies, regulations, processes, and
actions that affect the participating
industries and associations.
``(D) To promote existing public-private
partnerships and develop new public-private
partnerships to provide for collaboration and mutual
support to address homeland security challenges.
``(E) To identify private sector resources and
capabilities that could be effective in supplementing
functions of the Department and State and local
governments to prevent or respond to acts of terrorism.
``(F) To coordinate among the Department's
operating entities and with the Assistant Secretary for
Trade Development of the Department of Commerce on
issues related to the travel and tourism industries.
``(5) Trade and customs revenue functions.--The Under
Secretary for Policy shall--
``(A) ensure that the trade and customs revenue
functions of the Department are coordinated within the
Department and with other Federal departments and
agencies, and that the impact on legitimate trade is
taken into account in any action impacting these
functions; and
``(B) monitor and report to Congress on the
Department's mandate to ensure that the trade and
customs revenue functions of the Department are not
diminished, including how spending, operations, and
personnel related to these functions have kept pace
with the level of trade entering the United States.
``SEC. 602. OFFICE OF INTERNATIONAL AFFAIRS.
``(a) Establishment.--There is established within the Directorate
of Policy, Planning, and International Affairs an Office of
International Affairs. The Office shall be headed by an Assistant
Secretary, who shall be appointed by the Secretary.
``(b) Duties of the Assistant Secretary.--The Assistant Secretary
for International Affairs, in coordination with the Under Secretary for
Science and Technology, the Director of the Federal Emergency
Management Agency, the Department official with primary responsibility
for grants and training, and other officials of the Department, as
appropriate, shall have the following duties:
``(1) To promote information and education exchange with
nations friendly to the United States in order to promote
sharing of best practices and technologies relating to homeland
security. Such exchange shall include the following:
``(A) Exchange of information on research and
development on homeland security technologies.
``(B) Joint training exercises of first responders.
``(C) Exchange of expertise on terrorism
prevention, response, and crisis management.
``(2) To identify areas for homeland security information
and training exchange where the United States has a
demonstrated weakness and another friendly nation or nations
have a demonstrated expertise.
``(3) To plan and undertake international conferences,
exchange programs, and training activities.
``(4) To manage international activities within the
Department in coordination with other Federal officials with
responsibility for counter-terrorism matters.
``SEC. 603. OTHER OFFICES AND OFFICIALS.
``(a) In General.--The Under Secretary for Policy shall establish
the following offices in the Directorate for Policy, Planning, and
International Affairs:
``(1) The Office of Policy, which shall be administered by
an Assistant Secretary for Policy.
``(2) The Office of Strategic Plans, which shall be
administered by an Assistant Secretary for Strategic Plans and
which shall include--
``(A) a Secure Border Initiative Program Office;
and
``(B) a Screening Coordination and Operations
Office.
``(3) The Office of the Private Sector, which shall be
administered by an Assistant Secretary for the Private Sector.
``(4) The Victim Assistance Officer.
``(5) The Tribal Security Officer.
``(6) Such other offices as considered necessary by the
Under Secretary for Policy.
``(b) Director of Cargo Security Policy.--
``(1) In general.--There shall be in the Directorate for
Policy, Planning, and International Affairs a Director of Cargo
Security Policy (hereinafter in this subsection referred to as
the `Director'), who shall be subject to the direction and
control of the Under Secretary for Policy.
``(2) Responsibilities.--The Director shall--
``(A) advise the Assistant Secretary for Policy
regarding all aspects of Department programs relating
to cargo security;
``(B) develop Department-wide policies regarding
cargo security; and
``(C) coordinate the cargo security policies and
programs of the Department with other Federal
departments and agencies, including by working with
officials of the Department of Energy and the
Department of State, as appropriate, in negotiating
international agreements relating to cargo security.
``(c) Director of Trade Policy.--
``(1) In general.--There shall be in the Directorate for
Policy, Planning, and International Affairs a Director of Trade
Policy (hereinafter in this subsection referred to as the
`Director'), who shall be subject to the direction and control
of the Under Secretary for Policy.
``(2) Responsibilities.--The Director shall--
``(A) advise the Assistant Secretary for Policy
regarding all aspects of Department programs relating
to the trade and customs revenue functions of the
Department;
``(B) develop Department-wide policies regarding
trade and customs revenue functions and trade
facilitation; and
``(C) coordinate the trade and customs revenue-
related programs of the Department with other Federal
departments and agencies.
``SEC. 604. CONSULTATION ON TRADE AND CUSTOMS REVENUE FUNCTIONS.
``(a) In General.--The Secretary and the Under Secretary for Policy
shall consult with representatives of the business community involved
in international trade, including seeking the advice and
recommendations of the Commercial Operations Advisory Committee (COAC),
on Department policies and actions that have a significant impact on
international trade and customs revenue functions.
``(b) COAC Consultation and Notification.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall seek the advice and recommendations of COAC on any
proposed Department policies, initiatives, actions, or
organizational reforms that will have a major impact on trade
and customs revenue functions not later than 45 days prior to
the finalization of the policies, initiatives, actions, or
organizational reforms.
``(2) Exception.--If the Secretary determines that it is
important to the national security interest of the United
States to finalize any proposed Department policies,
initiatives, actions, or organizational reforms prior to the
provision of advice and recommendations described in paragraph
(1), the Secretary shall--
``(A) seek the advice and recommendations of COAC
on the policies, initiatives, actions, or
organizational reforms not later than 30 days after the
date on which the policies, initiatives, actions, or
organizational reforms are finalized; and
``(B) to the extent appropriate, modify the
policies, initiatives, actions, or organizational
reforms based upon the advice and recommendations of
COAC.
``(c) Congressional Consultation and Notification.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall consult with and provide any recommendations of COAC
received under subsection (b) to the appropriate congressional
committees not later than 30 days prior to the finalization of
any Department policies, initiatives, actions or organizational
reforms that will have a major impact on trade and customs
revenue functions.
``(2) Exception.--If the Secretary determines that it is
important to the national security interest of the United
States to finalize any Department policies, initiatives,
actions, or organizational reforms prior to the consultation
described in paragraph (1), the Secretary shall--
``(A) consult with and provide any recommendations
of COAC received under subsection (b) to the
appropriate congressional committees not later than 30
days after the date on which the policies, initiative,
actions, or organizational reforms are finalized; and
``(B) to the extent appropriate, modify the
policies, initiatives, actions, or organizational
reforms based upon the consultations with the
appropriate congressional committees.''.
(b) Conforming Amendment.--Section 879 of the Homeland Security Act
of 2002 (6 U.S.C. 459) is repealed.
(c) Clerical Amendments.--The table of contents in section 1(b) of
such Act is amended--
(1) by striking the item relating to section 879;
(2) by striking the items relating to title VI and
inserting the following:
``TITLE VI--POLICY, PLANNING, AND INTERNATIONAL AFFAIRS
``Sec. 601. Directorate for Policy, Planning, and International
Affairs.
``Sec. 602. Office of International Affairs.
``Sec. 603. Other offices and officials.'';
and
(3) by inserting after the items relating to subtitle A of
title XIX, as added by section 403, the following:
``Subtitle B--Treatment of Certain Charitable Trusts
``Sec. 1811.Treatment of charitable trusts for members of the armed
forces of the United States and other
governmental organizations.''.
SEC. 222. CONSOLIDATION OF THE EFFORTS OF THE CENTER FOR DOMESTIC
PREPAREDNESS AND THE NOBLE TRAINING CENTER.
(a) Transfer.--The Noble Training Center is transferred to the
Center for Domestic Preparedness. The Center for Domestic Preparedness
shall integrate the Noble Training Center into the program structure of
the Center for Domestic Preparedness.
(b) Executive Service Designation for Director of Center for
Domestic Preparedness.--The Director of the Center for Domestic
Preparedness of the Department of Homeland Security shall be a career
appointee in the Senior Executive Service.
(c) Center for Domestic Preparedness Facility Management.--The
Director of the Center for Domestic Preparedness is authorized to
obtain the transfer of the United States Army In-Processing Center
(commonly referred to as the 500 Area) and portions of the former
Noncommissioned Officer Housing Dormitories (commonly referred to as
the 900 Area) at the former Fort McClellan, Alabama, for use by the
Center for Domestic Preparedness.
SEC. 223. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF INTEGRATION AND
ADEQUACY OF TRAINING PROGRAMS RELATED TO ASYLUM AT PORTS
OF ENTRY.
(a) In General.--The Comptroller General shall conduct a study of
the integration and adequacy of training for Department of Homeland
Security personnel who interdict, interview, and process asylum seekers
ports of entry, including at airports, in the United States.
(b) Contents of Study.--The study shall include--
(1) an assessment of whether such training provides such
personnel with adequate and clear guidance on the standards for
handling asylum seekers;
(2) an assessment of whether such personnel coordinate
appropriately to ensure that relevant United States laws are
fully enforced; and
(3) recommendations, as appropriate, for steps that the
Secretary of Homeland Security should take to provide better
integration and adequacy of such training to such personnel in
order to better secure the borders of the United States while
ensuring that asylum seekers are properly processed and their
claims are fully evaluated.
(c) Report.--Not later than 12 months after the date of the
enactment of this Act, the Comptroller General shall submit a report
summarizing the results of the study to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.
Subtitle C--Strengthening Oversight
SEC. 231. CONGRESSIONAL NOTIFICATION REQUIREMENT.
(a) In General.--Title I of the Homeland Security Act of 2002 (6
U.S.C. 111 et seq.) is amended by adding at the end the following:
``SEC. 104. CONGRESSIONAL NOTIFICATION.
``(a) In General.--The Secretary shall actively consult with the
congressional homeland security committees, and shall keep such
committees fully and currently informed with respect to all activities
and responsibilities within the jurisdictions of these committees.
``(b) Relationship to Other Law.--Nothing in this section affects
the requirements of section 872. The requirements of this section
supplement, and do not replace, the requirements of that section.
``(c) Inspector General.--The Inspector General of the Department
shall be responsible, independently of the responsibility of the
Secretary under subsection (a), for keeping the congressional homeland
security committees fully and currently informed of the Department's
activities, including informing the congressional homeland security
committees of major audits, investigations, or other activities of the
Inspector General by no later than 72 hours prior to the release of, or
at any time upon the request by such a committee for, the findings of
major audits, investigations, or other activities. Additionally, the
Inspector General shall provide to such a committee a written
notification and summary of the contents of its semiannual and annual
reports by no later than 72 hours prior to the release of such reports.
``(d) Classified Notification.--The Secretary may submit any
information required by this section in classified form if the
information is classified pursuant to applicable national security
standards.
``(e) Savings Clause.--This section shall not be construed to limit
or otherwise affect the congressional notification requirements of
title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.),
insofar as they apply to the Department.
``(f) Definition.--As used in this section, the term `congressional
homeland security committees' means the Committee on Homeland Security
and the Committee on Appropriations of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Appropriations of the Senate.''.
(b) Conforming Amendment.--The table of contents in Section 1(a) of
such Act is amended by inserting after the item relating to section 103
the following:
``Sec. 104. Congressional notification.''.
(c) Coast Guard Mission Review Report.--Section 888(f)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 468(f)(2)) is amended--
(1) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F) respectively; and
(2) by striking subparagraph (A) and inserting the
following:
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the Committee on Homeland Security of the
House of Representatives;''.
SEC. 232. AUTHORIZATION LIAISON OFFICER.
Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is
amended by adding at the end the following:
``(d) Authorization Liaison Officer.--
``(1) In general.--The Chief Financial Officer shall
establish the position of Authorization Liaison Officer to
provide timely budget and other financial information to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate. The Authorization Liaison Officer shall report
directly to the Chief Financial Officer.
``(2) Submission of reports to congress.--The Authorization
Liaison Officer shall coordinate with the Appropriations
Liaison Officer within the Office of the Chief Financial
Officer to ensure, to the greatest extent possible, that all
reports prepared for the Committees on Appropriations of the
House of Representatives and the Senate are submitted
concurrently to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.''.
SEC. 233. REQUIRED BUDGET LINE ITEM FOR OFFICE OF COUNTERNARCOTICS
ENFORCEMENT.
In each fiscal year budget request for the Department of Homeland
Security, the Secretary shall include a separate line item for each
such fiscal year for expenditures by the Office of Counternarcotics
Enforcement of the Department of Homeland Security.
SEC. 234. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General.--The Inspector General of the Department of
Homeland Security shall review each contract action related to the
Department's Secure Border Initiative having a value greater than
$20,000,000, to determine whether each such action fully complies with
applicable cost requirements, performance objectives, program
milestones, inclusion of small, minority, and women-owned business, and
timelines. The Inspector General shall complete a review under this
subsection with respect to a contract action--
(1) not later than 60 days after the date of the initiation
of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Report by Inspector General.--Upon completion of each review
described in subsection (a), the Inspector General shall submit to the
Secretary of Homeland Security a report containing the findings of the
review, including findings regarding any cost overruns, significant
delays in contract execution, lack of rigorous departmental contract
management, insufficient departmental financial oversight, bundling
that limits the ability of small business to compete, or other high
risk business practices.
(c) Report by Secretary.--Not later than 30 days after the receipt
of each report required under subsection (b), the Secretary of Homeland
Security shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the findings of the
report by the Inspector General and the steps the Secretary has taken,
or plans to take, to address the problems identified in such report.
(d) Authorization of Appropriations.--In addition to amounts that
are otherwise authorized to be appropriated to the Office of the
Inspector General, an additional amount equal to at least five percent
for fiscal year 2007, at least six percent for fiscal year 2008, and at
least seven percent for fiscal year 2009 of the overall budget of the
Office for each such fiscal year is authorized to be appropriated to
the Office to enable the Office to carry out this section.
(e) Action by Inspector General.--In the event the Inspector
General becomes aware of any improper conduct or wrongdoing in
accordance with the contract review required under subsection (a), the
Inspector General shall, as expeditiously as practicable, refer
information related to such improper conduct or wrongdoing to the
Secretary of Homeland Security or other appropriate official in the
Department of Homeland Security for purposes of evaluating whether to
suspend or debar the contractor.
TITLE III--PROCUREMENT REFORM
SEC. 301. HOMELAND SECURITY PROCUREMENT TRAINING.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 is amended by adding at the end the following new section:
``SEC. 890A. HOMELAND SECURITY PROCUREMENT TRAINING.
``(a) Establishment.--The Chief Procurement Officer shall provide
homeland security procurement training to acquisition employees.
``(b) Responsibilities of Chief Procurement Officer.--The Chief
Procurement Officer shall carry out the following responsibilities:
``(1) Establish objectives to achieve the efficient and
effective use of available acquisition resources by
coordinating the acquisition education and training programs of
the Department and tailoring them to support the careers of
acquisition employees.
``(2) Develop, in consultation with the Council on
Procurement Training established under subsection (d), the
curriculum of the homeland security procurement training to be
provided.
``(3) Establish, in consultation with the Council on
Procurement Training, training standards, requirements, and
courses to be required for acquisition employees.
``(4) Establish an appropriate centralized mechanism to
control the allocation of resources for conducting such
required courses and other training and education.
``(5) Select course providers and certify courses to ensure
that the procurement training curriculum supports a coherent
framework for the educational development of acquisition
employees, including the provision of basic, intermediate, and
advanced courses.
``(6) Publish an annual catalog that includes a list of the
acquisition education and training courses.
``(7) Develop a system of maintaining records of student
enrollment, and other data related to students and courses
conducted pursuant to this section.
``(c) Provision of Instruction.--The Chief Procurement Officer
shall provide procurement training to acquisition employees of any
office under subsection (d)(3). The appropriate member of the Council
on Procurement Training may direct such an employee to receive
procurement training.
``(d) Council on Procurement Training.--
``(1) Establishment.--The Secretary shall establish a
Council on Procurement Training to advise and make policy and
curriculum recommendations to the Chief Procurement Officer
``(2) Chair of council.--The chair of the Council on
Procurement Training shall be the Deputy Chief Procurement
Officer.
``(3) Members.--The members of the Council on Procurement
Training are the chief procurement officers of each of the
following:
``(A) United States Customs and Border Protection.
``(B) The Transportation Security Administration.
``(C) The Office of Procurement Operations.
``(D) The Bureau of Immigration and Customs
Enforcement.
``(E) The Federal Emergency Management Agency.
``(F) The Coast Guard.
``(G) The Federal Law Enforcement Training Center.
``(H) The United States Secret Service.
``(I) Such other entity as the Secretary determines
is appropriate.
``(e) Acquisition Employee Defined.--For purposes of this section,
the term `acquisition employee' means an employee serving under a
career or career-conditional appointment in the competitive service or
appointment of equivalent tenure in the excepted service of the Federal
Government, at least 50 percent of whose assigned duties include
acquisitions, procurement-related program management, or procurement-
related oversight functions.
``(f) Report Required.--Not later than March 1 of each year, the
Chief Procurement Officer shall submit to the Secretary a report on the
procurement training provided under this section, which shall include
information about student enrollment, students who enroll but do not
attend courses, graduates, certifications, and other relevant
information.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 890A. Homeland security procurement training.''.
SEC. 302. ADDITIONAL REQUIREMENTS TO REVIEW PAST PERFORMANCE OF
CONTRACTORS.
(a) Consideration of Contractor Past Performance.--In awarding a
contract to a contractor, the Secretary of Homeland Security shall
consider the past performance of that contractor based on the review
conducted under subsection (b).
(b) Review Required.--Before awarding a contract to any contractor,
including a contract to be awarded to a contractor that has previously
provided or currently provides goods or services to the Department of
Homeland Security, the Secretary of Homeland Security, acting through
the appropriate contracting officer or officers of the Department,
shall require the contractor to submit information regarding the
contractor's past and current performance of Federal, State, and local
government and private sector contracts.
(c) Contact of Relevant Officials.--As part of any review of a
contractor's past performance conducted under subsection (b), the
Secretary, acting through an appropriate contracting officer of the
Department, shall contact the relevant official who administered or
oversaw any contract performed by that contractor during the five-year
period preceding the date on which the review begins.
SEC. 303. STREAMLINING OF SAFETY ACT AND PROCUREMENT PROCESSES.
(a) Personnel.--The Secretary of Homeland Security shall ensure
that, in addition to any scientific evaluation completed prior to the
designation or certification of qualified anti-terrorism technologies
under the SAFETY Act (6 U.S.C. 441), a sufficient number of full-time
equivalent personnel, who are properly trained and qualified to apply
legal, economic, and risk analyses, are involved in the review and
prioritization of anti-terrorism technologies for the purpose of
determining whether such technologies may be designated by the
Secretary as qualified anti-terrorism technologies under section 862(b)
of the SAFETY Act (6 U.S.C. 441(b)) or certified by the Secretary under
section 863(d) of such Act (6 U.S.C. 442(d)).
(b) Coordination Within Department of Homeland Security.--The
Secretary shall--
(1) ensure coordination between the Department official
directly responsible for the implementation of the SAFETY Act,
the Chief Procurement Officer of the Department, the Under
Secretary for Science and Technology, the Under Secretary for
Policy, and the Department of Homeland Security General Counsel
to maximize the application of the litigation and risk
management provisions of the SAFETY Act to qualified anti-
terrorism technologies procured by the Department; and
(2) ensure coordination of the Department's efforts to
promote awareness and utilization of the litigation and risk
management provisions of the SAFETY Act in the procurement of
qualified anti-terrorism technologies at the Federal, State,
and local levels.
(c) Issuance of Departmental Directive.--The Secretary of Homeland
Security shall, in accordance with the final rule implementing the
SAFETY Act, issue a Departmental management directive requiring
appropriate coordination between Department procurement officials and
the Department officials responsible for implementing the SAFETY Act in
advance of any Department procurement involving a qualified anti-
terrorism technology.
(d) Training.--As part of comprehensive procurement training
authorized under section 301 of this Act, the Secretary of Homeland
Security shall include SAFETY Act instruction for all acquisition
employees and their representatives.
(e) Review of Anti-Terrorism Acquisitions.--
(1) Study.--The Secretary of Homeland Security shall
conduct a study of all Department of Homeland Security
procurements, including ongoing procurements and anticipated
procurements, to--
(A) identify such procurements that involve any
product, equipment, service (including support and
systems integration services), device, or technology
(including information technology) that is being
designed, developed, modified, or procured for the
specific purpose of preventing, detecting, identifying,
deterring, or responding to acts of terrorism or
limiting the harm such acts might otherwise cause; and
(B) assess whether any such product, equipment,
service (including support and systems integration
services), device, or technology (including information
technology) is appropriate for the litigation and risk
management protections of the SAFETY Act.
(2) Summary and classification report.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of Homeland Security shall submit to the appropriate
congressional committees a report containing the findings of
the study under paragraph (1). Such report shall provide for a
plan for ensuring that any product, equipment, service
(including support and systems integration services), device,
or technology (including information technology) that is
assessed as appropriate for litigation and risk management
protection under the SAFETY Act shall be promptly considered
for such protections.
TITLE IV--PERSONNEL AUTHORITIES
Subtitle A--Workforce Enhancements
SEC. 401. COST-EFFECTIVE TRAINING FOR BORDER PATROL AGENTS.
(a) In General.--The Secretary of Homeland Security shall take such
steps as may be necessary to control the costs of hiring, training, and
deploying new Border Patrol agents, including--
(1) permitting individuals who are in training to become
Border Patrol agents to waive certain course requirements of
such training if such individuals have earlier satisfied such
requirements in a similar or comparable manner as determined by
the Secretary; and
(2) directing the Office of Inspector General to conduct a
review of the costs and feasibility of training new Border
Patrol agents at Federal training centers, including the
Federal Law Enforcement Training Center facility in Charleston,
South Carolina, and the HAMMER facility in Hanford, Washington,
and at training facilities operated by state and local law
enforcement academies, non-profit entities, and private
entities, as well as the use of all of the above to conduct
portions of such training.
(b) Limitation on Per-Agent Cost of Training.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall take such steps as may be necessary to ensure
that the fiscal year 2007 per-agent cost of hiring, training,
and deploying each new Border Patrol agent does not exceed
$150,000.
(2) Exception and certification.--
(A) In general.--If the Secretary determines that
the per-agent cost referred to in paragraph (1) exceeds
$150,000, the Secretary shall promptly submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a certification
explaining why such per-agent cost exceeds such amount.
(B) Temporary suspension of training.--Until the
Secretary receives from the committees specified in
subparagraph (A) an approval with respect to such
increased per-agent cost, the Secretary shall suspend
any new hiring, training, and deploying of Border
Patrol agents.
SEC. 402. CONTINUATION OF FEDERAL LAW ENFORCEMENT TRAINING CENTER
AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF FEDERAL
ANNUITANTS TO SUPPORT TRAINING.
Section 1202(a) of the 2002 Supplemental Appropriations Act for
Further Recovery From and Response To Terrorist Attacks on the United
States (42 U.S.C. 3771 note) is amended in the first sentence--
(1) by striking ``enactment of this Act'' and inserting
``enactment of the Department of Homeland Security
Authorization Act for Fiscal Year 2007''; and
(2) by striking ``250'' and inserting ``350''.
SEC. 403. CANINE DETECTION TEAM COORDINATION AND CERTIFICATION.
(a) In General.--The Homeland Security Act of 2002 is amended by
adding at the end the following:
``TITLE XVIII--MISCELLANEOUS PROVISIONS
``Subtitle A--Canine Detection Teams
``SEC. 1801. COORDINATION AND ENHANCEMENT OF CANINE DETECTION TEAM
TRAINING.
``The Secretary shall--
``(1) fully coordinate the canine training programs of the
Department that support the Department's counter-terrorism,
counter-smuggling, transportation security, and border security
missions and other missions of the Department, including, with
respect to the research and development of new canine training
methods, the optimum number and type of training aids, and
measurements for efficiency and effectiveness;
``(2) ensure that the Department is maximizing its use of
existing training facilities and resources to train canines
throughout the year; and
``(3) coordinate the use of detection canines trained by
other Federal agencies, nonprofit organizations, universities,
and private training facilities in order to increase the number
of trained detection canines available to Federal, State, and
local law enforcement agencies.
``SEC. 1802. CANINE PROCUREMENT.
``The Secretary shall--
``(1) make it a priority to increase the number of
domestically bred canines used by the Department to assist in
its counter-terrorism mission, including the protection of
ports of entry and along the United States border;
``(2) increase the utilization of domestically bred canines
from universities and private and nonprofit sources in the
United States; and
``(3) consult with other Federal, State, and local
agencies, nonprofit organizations, universities, and private
entities that use detection canines, such as those
participating in the Scientific Working Group on Dog and
Orthogonal Detectors (popularly known as `SWGDOG'), as well as
the Office of Management and Budget, to encourage domestic
breeding of canines and consolidate canine procurement, where
possible, across the Federal Government to reduce the cost of
purchasing canines.
``SEC. 1803. DOMESTIC CANINE BREEDING GRANT PROGRAM.
``(a) Establishment of Program.--The Secretary shall establish a
competitive grant program for domestic breeders of canines. The purpose
of the grant program shall be to encourage the development and growth
of canine breeds that are best suited for detection training purposes
within the United States and to encourage the development of applied
research into enhancement of working dog performance and health traits.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2007 through 2011.
``SEC. 1804. HOMELAND SECURITY CANINE DETECTION ACCREDITATION BOARD.
``(a) Establishment of Accreditation Board.--
``(1) In general.--Not later than 180 days after the date
on which the national voluntary consensus standards referred to
in subsection (b)(1) are issued, the Secretary, in consultation
with the Secretary of Defense, the Secretary of State, and the
Attorney General, shall establish a Homeland Security Canine
Detection Accreditation Board to develop and implement a
process for certifying compliance with such standards.
``(2) Membership.--The membership of the Accreditation
Board shall consist of experts in the fields of canine training
and explosives detection from Federal and State agencies,
universities, other research institutions, and the private
sector, such as those represented on the Executive Board of
SWGDOG.
``(b) Accreditation Process.--The Accreditation Board shall
establish and implement a voluntary accreditation process to--
``(1) certify that persons conducting certification of
canine detection teams appropriately ensure that the canine
detection teams meet the national voluntary consensus standards
developed by SWGDOG;
``(2) ensure that canine detection teams do not put public
safety and the safety of law enforcement personnel at risk due
to fraud or weaknesses in the initial or maintenance training
curriculum; and
``(3) maintain and update a public list of entities
accredited by the Department to certify canine detection teams.
``(c) Compliance With Standards.--Beginning not later than the date
that is 180 days after the date on which the standards referred to in
subsection (b)(1) are issued, the Secretary shall require that grant
funds administered by the Department may not be used to acquire a
canine detection team unless--
``(1) the canine detection team is certified under the
process established under subsection (b); or
``(2) the Secretary determines that the applicant has shown
special circumstances that justify the acquisition of canines
that are not certified under the process established under
subsection (b).
``SEC. 1805. DEFINITIONS.
``In this subtitle:
``(1) Canine detection team.--The term `canine detection
team' means a canine and a canine handler.
``(2) Certifying entity.--The term `certifying entity'
means an entity that oversees the processes and procedures used
to train and test canine detection teams.
``(3) SWGDOG.--The term `SWGDOG' means the Scientific
Working Group of Dog and Orthogonal Detectors.''.
(b) Clerical Amendment.--The table of sections in section 1(b) of
such Act is amended by adding at the end the following:
``TITLE XVIII--MISCELLANEOUS PROVISIONS
``Subtitle A--Canine Detection Teams
``Sec. 1801. Coordination and enhancement of canine protection team
training.
``Sec. 1802. Canine procurement.
``Sec. 1803. Domestic canine breeding grant program.
``Sec. 1804. Homeland Security Canine Detection Accreditation Board.
``Sec. 1805. Definitions.''.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall report
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate on the plan of the Secretary to coordinate and consolidate the
canine training programs of the Department of Homeland Security in
accordance with section 1801 of the Homeland Security Act of 2002, as
added by subsection (b).
SEC. 404. AUTHORITY FOR CUSTOMS AND BORDER PROTECTION TO APPOINT AND
MAINTAIN A CADRE OF FEDERAL ANNUITANTS.
(a) In General.--Notwithstanding any other provision of law, the
Commissioner of United States Customs and Border Protection (CBP) may,
for a period ending not later than five years after the date of the
enactment of this Act, appoint and employ up to 500 Federal annuitants
to any position in CBP that supports the acceleration of the ability of
CBP to secure the international land and maritime borders of the United
States--
(1) without regard to any provision of title 5, United
States Code, which might otherwise require the application of
competitive hiring procedures; and
(2) who shall not be subject to any reduction in pay (for
annuity allocable to the period of actual employment) under the
provisions of section 8344 or 8468 of such title or similar
provision of any other retirement system for employees.
(b) Utilization.--The authority granted to the Commissioner of
United States Customs and Border Protection under subsection (a) shall
cease 5 years after the date of enactment of this Act, at which point,
the employment of annuitants under this authority shall cease.
(c) Rule of Construction.--A reemployed Federal annuitant as to
whom a waiver of reduction under subsection (a)(2) applies shall not,
for any period during which such waiver is in effect, be considered an
employee for purposes of subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, or such other retirement system (referred
to in such subsection) as may apply.
(d) No Displacement.--No appointment under this section may be made
if such appointment would result in the displacement of any employee.
(e) Counting.--The counting of Federal annuitants shall be done on
a full-time equivalent basis.
(f) Definitions.--For purposes of this section:
(1) Federal annuitant.--The term ``Federal annuitant''
means an employee who has retired under the Civil Service
Retirement System, the Federal Employees' Retirement System, or
any other retirement system for Federal employees.
(2) Employee.--The term ``employee'' has the meaning given
such term in section 2105 of title 5, United States Code.
SEC. 405. STRENGTHENING BORDER PATROL RECRUITMENT AND RETENTION.
In order to address the recruitment and retention challenges faced
by United States Customs and Border Protection, the Secretary of
Homeland Security shall establish a plan, consistent with existing
Federal statutes applicable to pay, recruitment, relocation, and
retention of Federal law enforcement officers. Such plan shall include
the following components:
(1) The establishment of a recruitment incentive for Border
patrol agents, including the establishment of a foreign
language incentive award.
(2) The establishment of a retention plan, including the
payment of bonuses to Border Patrol agents for every year of
service after the first two years of service.
(3) An increase in the pay percentage differentials to
Border Patrol agents in certain high-cost areas, as determined
by the Secretary, consistent with entry-level pay to other
Federal, State, and local law enforcement agencies.
(4) The establishment of a mechanism whereby Border Patrol
agents can transfer from one location to another after the
first two years of service in their initial duty location.
Subtitle B--Improving Security Clearance Process
SEC. 411. INCREASED SECURITY SCREENING OF HOMELAND SECURITY OFFICIALS.
(a) Review Required.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Homeland Security shall conduct
a Department-wide review of Department of Homeland Security security
clearance and suitability review procedures for Department employees
and contractors, as well as individuals in state and local government
agencies and private sector entities with a need to receive classified
information.
(b) Strengthening of Security Screening Policies.--
(1) In general.--Based on the findings of the review
conducted under subsection (a), the Secretary shall, as
appropriate, take all necessary steps to strengthen the
Department's security screening policies, including
consolidating the security clearance investigative authority at
the Departmental Headquarters.
(2) Elements.--In strengthening security screening policies
under paragraph (1), the Secretary shall consider whether and
where appropriate ensure that--
(A) all components of the Department of Homeland
Security meet or exceed Federal and Departmental
standards for security clearance investigations,
adjudications, and suitability reviews;
(B) the Department has a cadre of well-trained
adjudicators; and that the Department has in place a
program to train and oversee adjudicators; and
(C) suitability reviews are conducted for all
Department of Homeland Security employees who transfer
from a component of the Department to Departmental
Headquarters.
SEC. 412. AUTHORITIES OF CHIEF SECURITY OFFICER.
(a) Establishment.--Title VII of the Homeland Security Act of 2002
(6 U.S.C. 341 et seq.) is amended by adding at the end the following:
``SEC. 708. CHIEF SECURITY OFFICER.
``(a) Establishment.--There is in the Department a Chief Security
Officer.
``(b) Responsibilities.--The Chief Security Officer shall--
``(1) have responsibility for personnel security, facility
access, security awareness, and related training;
``(2) ensure that each component of the Department complies
with Federal standards for security clearances and background
investigations;
``(3) ensure, to the greatest extent practicable, that
individuals in state and local government agencies and private
sector entities with a need to receive classified information,
receive the appropriate clearances in a timely fashion; and
``(4) perform all other functions as determined by the
Secretary.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the items relating to title VII
the following new item:
``Sec. 708. Chief Security Officer.''.
TITLE V--INTELLIGENCE AND INFORMATION SHARING
SEC. 501. DEPARTMENTAL REORGANIZATION.
(a) Redesignation of Directorate for Information Analysis and
Infrastructure Protection as Office of Intelligence and Analysis.--
Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is
amended--
(1) in subsection (a)(1)--
(A) by striking ``a Directorate for Information
Analysis and Infrastructure Protection'' and inserting
``an Office of Intelligence and Analysis''; and
(B) by striking ``an Under Secretary for
Information Analysis and Infrastructure Protection''
and inserting ``an Under Secretary for Intelligence and
Analysis'';
(2) by striking subsection (b) and redesignating
subsections (c) through (g) as subsections (b) through (f),
respectively;
(3) in subsection (b), as so redesignated--
(A) by striking ``and infrastructure protection''
before ``are carried out'' and inserting ``and
intelligence''; and
(B) by striking ``the Under Secretary for
Information Analysis and Infrastructure Protection''
and inserting ``the Under Secretary for Intelligence
and Analysis'';
(4) in subsection (c), as so redesignated--
(A) by striking ``the Under Secretary for
Information Analysis and Infrastructure Protection''
and inserting ``the Under Secretary for Intelligence
and Analysis'';
(B) by striking paragraphs (2), (5), and (6), and
redesignating paragraphs (3) through (17) as paragraphs
(2) through (14), respectively;
(C) by redesignating paragraphs (18) and (19) as
paragraphs (20) and (21), respectively;
(D) in paragraph (2), as so redesignated, by
striking ``To integrate'' and inserting ``To
participate in the integration of'';
(E) in paragraph (14), as so redesignated, by
inserting ``the Assistant Secretary for Infrastructure
Protection and'' after ``coordinate with''; and
(F) by inserting after paragraph (14), as
redesignated by subparagraph (B), the following new
paragraphs:
``(15) To coordinate and enhance integration among
intelligence components of the Department.
``(16) To establish intelligence priorities, policies,
processes, standards, guidelines, and procedures for the
Department.
``(17) To establish a structure and process to support the
missions and goals of the intelligence components of the
Department.
``(18) To ensure that, whenever possible--
``(A) the Under Secretary for Intelligence and
Analysis produces and disseminates reports and analytic
products based on open-source information that do not
require a national security classification under
applicable law; and
``(B) such unclassified open source reports are
produced and disseminated contemporaneously with
reports or analytic products concerning the same or
similar information that the Under Secretary for
Intelligence and Analysis produces and disseminates in
a classified format.
``(19) To establish within the Office of Intelligence and
Analysis an Internal Continuity of Operations (COOP) Plan
that--
``(A) assures that the capability exists to
continue uninterrupted operations during a wide range
of potential emergencies, including localized acts of
nature, accidents, and technological or attack-related
emergencies, that is maintained at a high level of
readiness and is capable of implementation with and
without warning; and
``(B) includes plans and procedures governing
succession to office within the Office of Intelligence
and Analysis, including--
``(i) emergency delegations of authority
(where permissible, and in accordance with
applicable law);
``(ii) the safekeeping of vital resources,
facilities, and records;
``(iii) the improvisation or emergency
acquisition of vital resources necessary for
the performance of operations of the Office;
and
``(iv) the capability to relocate essential
personnel and functions to and to sustain the
performance of the operations of the Office at
an alternate work site until normal operations
can be resumed.'';
(5) in subsections (d) and (e), as redesignated by
subsection (a)(2), by striking ``Directorate'' each place it
appears and inserting ``Office''; and
(6) in subsection (f), as redesignated by subsection
(a)(2)--
(A) by striking ``the Under Secretary for
Information Analysis and Infrastructure Protection''
and inserting ``the Under Secretary for Intelligence
and Analysis and the Assistant Secretary for
Infrastructure Protection''; and
(B) by inserting ``and section 203'' after ``under
this section''.
(b) Technical and Conforming Amendments.--
(1) Homeland security act.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 103(2), by striking ``Information
Analysis and Infrastructure Protection'' and inserting
``Intelligence and Analysis'';
(B) in section 223, by striking ``Under Secretary
for Information Analysis and Infrastructure
Protection'' and inserting ``Under Secretary for
Intelligence and Analysis, in cooperation with the
Assistant Secretary for Infrastructure Protection'';
(C) in section 224, by striking ``Under Secretary
for Information Analysis and Infrastructure
Protection'' and inserting ``Assistant Secretary for
Infrastructure Protection'';
(D) in section 302(3), by striking ``Under
Secretary for Information Analysis and Infrastructure
Protection'' and inserting ``Under Secretary for
Intelligence and Analysis and the Assistant Secretary
for Infrastructure Protection'';
(E) in subsection (d) of the second section 510--
(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''; and
(F) by redesignating the second section 510 as
section 511.
(2) Headings.--
(A) Section 201.--The heading for section 201 of
such Act is amended to read as follows:
``SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.''.
(B) Section 201(a).--The heading for subsection (a)
of section 121 of such Act is amended to read as
follows:
``(a) Under Secretary of Homeland Security for Intelligence and
Analysis.--''.
(C) Section 201(b).--The heading for subsection (b)
of section 121 of such Act, as redesignated by
subsection (a)(2), is amended to read as follows:
``(b) Discharge of Intelligence and Analysis.--''.
(3) National security act of 1947.--Section 106(b)(2)(I) of
the National Security Act of 1947 (50 U.S.C. 403-6) is amended
to read as follows:
``(I) The Under Secretary of Homeland Security for
Intelligence and Analysis.''.
(4) Intelligence reform and terrorism prevention act of
2004.--Section 7306(a)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat.
3848) is amended by striking ``Under Secretary for Information
Analysis and Infrastructure Protection'' and inserting ``Under
Secretary for Intelligence and Analysis''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the items
relating to section 509 the following:
``Sec. 510. Procurement of security countermeasures for strategic
national stockpile.
``Sec. 511. Urban and other high risk area communications
capabilities.''.
SEC. 502. INTELLIGENCE COMPONENTS OF DEPARTMENT OF HOMELAND SECURITY.
(a) Responsibilities.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the
end the following new section:
``SEC. 203. INTELLIGENCE COMPONENTS.
``(a) Responsibilities.--Subject to the direction and control of
the Secretary, the responsibilities of the head of each intelligence
component of the Department are as follows:
``(1) To ensure that duties related to the acquisition,
analysis, and dissemination of homeland security information
are carried out effectively and efficiently in support of the
Under Secretary for Intelligence and Analysis.
``(2) To support and implement the goals established in
cooperation with 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 the recruitment, establishment of
core competency standards, 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 duties relating to such
responsibilities as the Secretary may provide.
``(b) Training of Employees.--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 handling,
analysis, dissemination, and collection of homeland security
information.''.
(b) Intelligence Component Defined.--Section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the
following new paragraph:
``(17) The term `intelligence component of the Department'
means any directorate, agency, or element of the Department
that gathers, receives, analyzes, produces, or disseminates
homeland security information except--
``(A) a directorate, agency, or element of the
Department that is required to be maintained as a
distinct entity under this Act; or
``(B) any personnel security, physical security,
document security, or communications security program
within any directorate, agency, or element of the
Department.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 203. Intelligence components.''.
SEC. 503. HOMELAND SECURITY ADVISORY SYSTEM.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 is further amended--
(1) in section 201(c)(4), as redesignated by section 501,
by inserting ``under section 204'' after ``Homeland Security
Advisory System''; and
(2) by adding at the end the following:
``SEC. 204. HOMELAND SECURITY ADVISORY SYSTEM.
``(a) Requirement.--The Under Secretary for Intelligence and
Analysis shall implement a Homeland Security Advisory System in
accordance with this section to provide public advisories and alerts
regarding threats to homeland security, including national, regional,
local, and economic sector advisories and alerts, as appropriate.
``(b) Required Elements.--The Under Secretary, in each advisory or
alert issued under the System, shall--
``(1) include information on appropriate protective
measures and countermeasures that may be taken in response to
the threat;
``(2) whenever possible, limit the scope of the advisory or
alert to a specific region, locality, or economic sector
believed to be at risk; and
``(3) not use color designations as the exclusive means of
specifying the homeland security threat conditions that are the
subject of the advisory or alert.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to
subtitle A of title II the following:
``Sec. 204. Homeland Security Advisory System.''.
SEC. 504. HOMELAND SECURITY INFORMATION SHARING.
(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. 205. HOMELAND SECURITY INFORMATION SHARING.
``(a) Information Sharing Environment.--Consistent with section
1016 of the National Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 485), the Secretary shall integrate and standardize
the information of the intelligence components of the Department into a
Department information sharing environment, to be administered by the
Under Secretary for Intelligence and Analysis.
``(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 with
respect to coordinating the different systems used in the Department to
gather and disseminate homeland security information.
``(c) State, Local, Tribal, and Private-Sector Sources of
Information.--
``(1) Establishment of business processes.--The Under
Secretary for Intelligence and Analysis shall establish
Department-wide procedures for the review and analysis of
information gathered from State, local, tribal, and private-
sector sources and, as appropriate, integrate such information
into the information gathered by the Department and other
departments and agencies of the Federal Government.
``(2) Feedback.--The Secretary shall develop mechanisms to
provide analytical and operational feedback to any State,
local, tribal and private-sector entities that gather
information and provide such information to the Secretary.
``(d) Training and Evaluation of Employees.--
``(1) Training.--The Under Secretary shall provide to
employees of the Department opportunities for training and
education to develop an understanding of the definition of
homeland security information, how information available to
them as part of their duties might qualify as homeland security
information, and how information available to them is relevant
to the Office of Intelligence and Analysis.
``(2) Evaluations.--The Under Secretary shall, 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 and
participating in the Department information sharing
environment.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by adding at the end of the items relating
to such subtitle the following:
``Sec. 205. Homeland security information sharing.''.
(c) Establishment of Comprehensive Information Technology Network
Architecture.--
(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 new section:
``SEC. 206. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE.
``(a) Establishment.--The Secretary, acting through the Under
Secretary for Intelligence and Analysis, shall establish a
comprehensive information technology network architecture for the
Office of Intelligence and Analysis.
``(b) Network Model.--The comprehensive information technology
network architecture established under subsection (a) shall, to the
extent possible, incorporate the approaches, features, and functions of
on the network proposed by the Markle Foundation in reports issued in
October 2002 and December 2003, known as the System-wide Homeland
Security Analysis and Resource Exchange (SHARE) Network.
``(c) 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 goals and information resources
management goals of the Office of Intelligence and Analysis.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to such subtitle the following:
``Sec. 206. Comprehensive information technology network
architecture.''.
(3) Reports.--
(A) Report on implementation of plan.--Not later
than 360 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall submit to
the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report
containing a plan to implement the comprehensive
information technology network architecture for the
Office of Intelligence and Analysis of the Department
of Homeland Security required under section 206 of the
Homeland Security Act of 2002, as added by paragraph
(1). Such report shall include the following:
(i) Priorities for the development of the
comprehensive information technology network
architecture and a rationale for such
priorities.
(ii) An explanation of how the various
components of the comprehensive information
technology network architecture will work
together and interconnect.
(iii) A description of the technology
challenges that the Office of Intelligence and
Analysis will face in implementing the
comprehensive information technology network
architecture.
(iv) A description of technology options
that are available or are in development that
may be incorporated into the comprehensive
technology network architecture, the
feasibility of incorporating such options, and
the advantages and disadvantages of doing so.
(v) An explanation of any security
protections to be developed as part of the
comprehensive information technology network
architecture.
(vi) A description of any safeguards for
civil liberties and privacy to be built into
the comprehensive information technology
network architecture.
(vii) An operational best practices plan.
(B) Progress report.--Not later than 180 days after
the date on which the report is submitted under
subparagraph (A), the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a
report on the progress of the Secretary in developing
the comprehensive information technology network
architecture required under section 206 of the Homeland
Security Act of 2002, as added by paragraph (1).
SEC. 505. STATE, LOCAL, TRIBAL, AND REGIONAL INFORMATION 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. 207. STATE, LOCAL, TRIBAL, AND REGIONAL INFORMATION FUSION
CENTER INITIATIVE.
``(a) Establishment.--The Secretary shall establish a State, Local,
and Tribal Information Fusion Center Initiative to establish
partnerships with State, local, tribal, and regional information fusion
centers.
``(b) Duties.--Through the State, Local, Tribal, and Regional
Information Fusion Center Initiative, the Secretary shall--
``(1) coordinate with the principal official of each State,
local, tribal, or regional information fusion center and the
official designated as the Homeland Security Advisor of the
State;
``(2) provide Department operational and intelligence
advice and assistance to State, local, tribal, and regional
information fusion centers;
``(3) support efforts to include State, local, tribal, and
regional information fusion centers into efforts to establish
an information sharing environment (as defined under section
1016(2) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108-458; 118 Stat. 3665));
``(4) conduct table-top and live training exercises to
regularly assess the capability of individual and regional
networks of State, local, tribal, and regional information
fusion centers to integrate the efforts of such networks with
the efforts of the Department;
``(5) coordinate with other relevant Federal entities
engaged in homeland security-related activities;
``(6) provide analytic and reporting advice and assistance
to State, local, tribal, and regional information fusion
centers;
``(7) review homeland security information gathered by
State, local, tribal, and regional information fusion centers
and incorporate relevant information with homeland security
information of the Department;
``(8) Provide management assistance to State, local,
tribal, and regional information fusion centers;
``(9) Serve as a point of contact to ensure the
dissemination of relevant homeland security information.
``(10) facilitate close communication and coordination
between State, local, tribal, and regional information fusion
centers and the Department;
``(11) provide State, local, tribal, and regional
information fusion centers with expertise on Department
resources and operations;
``(12) provide training to State, local, tribal, and
regional information fusion centers and encourage such
information fusion centers to participate in terrorist threat-
related exercises conducted by the Department; and
``(13) carry out such other duties as the Secretary
determines are appropriate.
``(c) Definition of State, Local, Tribal, or Regional Information
Fusion Center.--For purposes of this section, the term `State, local,
tribal, or regional information fusion center' means a local or
regional center comprised of State, local, or tribal governmental
entities that--
``(1) serves as a data analysis and dissemination center
for potentially relevant homeland security information;
``(2) is managed by a state, local, or tribal government
entity; or
``(3) is designated as a State, local, tribal, or regional
information fusion center by the Secretary.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by adding at the end of the items relating
to such subtitle the following:
``Sec. 207. State, Local, Tribal, and Regional Information Fusion
Center Initiative.''.
(c) Reports.--
(1) Concept of operations.--Not later than 90 days after
the date of the enactment of this Act and before the State,
Local, Tribal, and Regional Information Fusion Center
Initiative under section 207 of the Homeland Security Act of
2002, as added by subsection (a), has been implemented, 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
contains a concept of operations for the Initiative, which
shall include a privacy and civil liberties impact assessment.
(2) Privacy and civil liberties.--
(A) Review of concept of operations.--Not later
than 180 days after the date on which the report under
paragraph (1) is submitted, the Privacy Officer of the
Department of Homeland Security and the Officer for
Civil Rights and Civil Liberties of the Department of
Homeland Security shall review the privacy and civil
liberties implications of the Initiative and the
concept of operations and report any concerns to the
Secretary of Homeland Security and the Under Secretary
of Homeland Security for Intelligence and Analysis.
(B) Review of privacy impact.--Under the authority
of section 222(5) of the Homeland Security Act of 2002
(6 U.S.C. 142(5)), not later than one year after the
date on which the State, Local, Tribal, and Regional
Information Fusion Center Initiative is implemented,
the Privacy Officer of the Department of Homeland
Security, in consultation with the Officer for Civil
Rights and Civil Liberties of the Department of
Homeland Security, shall submit to Congress, the
Secretary of Homeland Security, and the Under Secretary
of Homeland Security for Intelligence and Analysis a
report on the privacy and civil liberties impact of the
Initiative.
SEC. 506. 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. 208. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary, acting through the Under
Secretary for Intelligence and Analysis, shall establish a
fellowship program in accordance with this section for the
purpose of--
``(A) detailing State, local, and tribal analysts
and law enforcement officials and officers to the
Department to participate in the work of the Office of
Intelligence and Analysis in order to become familiar
with--
``(i) the mission and capabilities of the
Office of Intelligence and Analysis; 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 analysts and
law enforcement agencies by stationing analysts and law
enforcement officers alongside Department intelligence
analysts in order to--
``(i) serve as a point of contact in the
Department to assist in the representation of
State, local, and tribal homeland security
information needs;
``(ii) identify homeland security
information of interest to State, local, and
tribal analysts and law enforcement officers;
and
``(iii) assist Department analysts in
preparing and disseminating terrorism-related
products that are tailored to State, local, and
tribal analysts and law enforcement agencies
and designed to help thwart terrorist attacks.
``(2) Program name.--The program under this section shall
be known as the `Homeland Security Information Sharing Fellows
Program'.
``(b) Eligibility.--
``(1) In general.--In order to be eligible for selection as
an Information Sharing Fellow under the program, an individual
must--
``(A) have homeland security-related
responsibilities or law enforcement-related
responsibilities;
``(B) be eligible for an appropriate national
security clearance;
``(C) possess a valid need for access to classified
information, as determined by the Under Secretary for
Intelligence and Analysis; and
``(D) be an employee of an eligible entity.
``(2) Eligible entities.--For purposes of this subsection,
the term `eligible entity' means--
``(A) a State, local, tribal, or regional fusion
center;
``(B) a State or local law enforcement or other
government entity that serves a major metropolitan
area, as determined by the Secretary;
``(C) a State or local law enforcement or other
government entity that serves a suburban or rural area,
as determined by the Secretary;
``(D) a State or local law enforcement or other
government entity with port responsibilities, as
determined by the Secretary;
``(E) a State or local law enforcement or other
government entity with border responsibilities, as
determined by the Secretary;
``(F) a State or local law enforcement or other
government entity with agricultural responsibilities,
as determined by the Secretary;
``(G) a tribal law enforcement or other authority;
or
``(H) such other entity as the Secretary determines
is appropriate.
``(c) Optional Participation.--No State, local, or tribal law
enforcement or other government entity shall be required to participate
in the Homeland Security Information Sharing Fellows Program.
``(d) Procedures for Nomination and Selection.--
``(1) In general.--The Under Secretary 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 shall--
``(A) select analysts and law enforcement officers
representing a broad cross-section of State, local, and
tribal agencies;
``(B) ensure that the number of Information Sharing
Fellows selected does not impede the activities of the
Office of Intelligence and Analysis; and
``(C) take reasonable steps to promote racial,
ethnic, and gender diversity in the Information Sharing
Fellows Program.
``(e) Length of Service.--Information Sharing Fellows shall serve
for a reasonable period of time, as determined by the Under Secretary.
Such period of time shall be sufficient to advance the information-
sharing goals of the Under Secretary and encourage participation by as
many qualified nominees as possible.
``(f) Condition.--As a condition of selecting an individual as an
Information Sharing Fellow under the program, the Under Secretary shall
require that the individual's employer agree to continue to pay the
individual's salary and benefits during the period for which the
individual is detailed.
``(g) Stipend.--During the period for which an individual is
detailed under the program, the Under Secretary shall, subject to the
availability of appropriations provide to the individual a stipend to
cover the individual's reasonable living expenses for that period.
``(h) Security Clearances.--If an individual selected for a
fellowship under the Information Sharing Fellows Program does not
possess the appropriate security clearance, the Under Secretary shall
ensure that security clearance processing is expedited for such
individual and shall ensure that each such Information Sharing Fellow
has obtained the appropriate security clearance prior to participation
in the Program.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by adding at the end of the items relating
to such subtitle the following:
``Sec. 208. Homeland Security Information Sharing Fellows Program.''.
(c) Reports.--
(1) Concept of operations.--Not later than 90 days after
the date of the enactment of this Act and before the Homeland
Security Information Sharing Fellows Program under section 208
of the Homeland Security Act of 2002, as added by subsection
(a), has been implemented, 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 contains a concept of operations
for the Program, which shall include a privacy and civil
liberties impact assessment.
(2) Privacy and civil liberties.--
(A) Review of concept of operations.--Not later
than 180 days after the date on which the report under
paragraph (1) is submitted, the Privacy Officer of the
Department of Homeland Security and the Officer for
Civil Rights and Civil Liberties of the Department of
Homeland Security shall review the privacy and civil
liberties implications of the Program and the concept
of operations and report any concerns to the Secretary
of Homeland Security and the Under Secretary of
Homeland Security for Intelligence and Analysis. The
Secretary may not implement the Program until the
Privacy Officer and the Officer for Civil Rights and
Civil Liberties have certified that any privacy or
civil liberties concerns have been addressed.
(B) Review of privacy impact.--Under the authority
of section 222(5) of the Homeland Security Act of 2002
(6 U.S.C. 142(5)), not later than one year after the
date on which the Homeland Security Information Sharing
Fellows Program is implemented, the Privacy Officer of
the Department of Homeland Security, in consultation
with the Officer for Civil Rights and Civil Liberties
of the Department of Homeland Security, shall submit to
Congress, the Secretary of Homeland Security, and the
Under Secretary of Homeland Security for Intelligence
and Analysis a report on the privacy and civil
liberties impact of the Program.
SEC. 507. FULL AND EFFICIENT USE OF OPEN SOURCE INTELLIGENCE.
(a) Requirement.--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. 209. FULL AND EFFICIENT USE OF OPEN-SOURCE INTELLIGENCE.
``(a) Use by Under Secretary.--The Secretary shall ensure that, in
meeting the analytic responsibilities under section 201(d) and in
formulating requirements for additional information, the Under
Secretary for Intelligence and Analysis makes full and efficient use of
open-source information by acquiring, gathering, processing, and
analyzing open-source information to produce open-source intelligence
products.
``(b) Analysis Performance.--The Secretary shall ensure that the
Department makes full and efficient use of open-source information to
analyze United States critical infrastructure nodes from the
perspective of terrorists using publicly available information. The
Secretary shall share the results of the analysis with appropriate
Federal, State, local, tribal, and private-sector officials.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following the following:
``Sec. 209. Full and efficient use of open source intelligence.''.
SEC. 508. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND
TRAFFICKING CENTER.
(a) In General.--The Secretary, acting through the Assistant
Secretary of Homeland Security for United States Immigration and
Customs Enforcement, shall provide to the Human Smuggling and
Trafficking Center (in this section referred to as 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 mission.
(b) Staffing of the Center.--
(1) In general.--Funding provided under subsection (a)
shall be used for the hiring of for not fewer than 30 full-time
equivalent staff for the Center, to include the following:
(A) One Director.
(B) One Deputy Director for Smuggling.
(C) One Deputy Director for Trafficking.
(D) One Deputy Director for Terrorist Travel.
(E) Not fewer than 15 intelligence analysts or
Special Agents, to include the following:
(i) Not fewer than ten such analysts or
Agents shall be intelligence analysts or law
enforcement agents who shall be detailed from
entities within the Department of Homeland
Security with human smuggling and trafficking
related responsibilities, as determined by the
Secretary.
(ii) Not fewer than one full time
professional staff detailee from each of the
United States Coast Guard, United States
Immigration and Customs Enforcement, United
States Customs and Border Protection,
Transportation Security Administration, and the
Office of Intelligence and Analysis.
(2) Requirements.--Intelligence analysts or Special Agents
detailed to the Center under paragraph (1)(E) shall have at
least three years experience related to human smuggling or
human trafficking.
(3) Duration of assignment.--An intelligence analyst or
Special Agent detailed to the Center under paragraph (1)(E)
shall be detailed for a period of not less than two years.
(c) Funding Reimbursement.--In operating the Center, the Secretary
of Homeland Security shall act in accordance with all applicable
requirements of the Economy Act (31 U.S.C. 1535), and shall seek
reimbursement from the Attorney General and the Secretary of State, in
such amount or proportion as is appropriate, for costs associated with
the participation of the Department of Justice and the Department of
State in the operation of the Center.
(d) Development of Plan.--The Secretary of Homeland Security shall
develop a plan for the Center that--
(1) defines the roles and responsibilities of each
Department participating in the Center;
(2) describes how the Department of Homeland Security shall
utilize its resources to ensure that the Center uses
intelligence to focus and drive its efforts;
(3) describes the mechanism for the sharing of information
from United States Immigration and Customs Enforcement and
United States Customs and Border Protection field offices to
the Center;
(4) describes the mechanism 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) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458);
(5) establishes reciprocal security clearance status to
other participating agencies in the Center in order to ensure
full access to necessary databases;
(6) establishes or consolidates networked systems for the
Center; and
(7) ensures that the assignment of personnel to the Center
from agencies of the Department of Homeland Security is
incorporated into the civil service career path of such
personnel.
(e) Memorandum of Understanding.--The Secretary of Homeland
Security shall execute with the Attorney General a Memorandum of
Understanding in order to clarify cooperation and coordination between
United States Immigration and Customs Enforcement and the Federal
Bureau of Investigation regarding issues related to human smuggling,
human trafficking, and terrorist travel.
(f) Coordination With the Office of Intelligence and Analysis.--The
Office of Intelligence and Analysis, in coordination with the Center,
shall submit to Federal, State, local, and tribal law enforcement and
other relevant agencies periodic reports regarding terrorist threats
related to human smuggling, human trafficking, and terrorist travel.
(g) Authorization of Appropriations.--Of the amount authorized to
be appropriated under section 101 for fiscal year 2007, $10,000,000 is
to carry out this section for that fiscal year.
TITLE VI--PREVENTION OF NUCLEAR AND BIOLOGICAL TERRORISM
SEC. 601. ESTABLISHMENT OF OFFICE OF DOMESTIC NUCLEAR DETECTION.
(a) Establishment.--The Homeland Security Act of 2002 (6 U.S.C. 101
et seq.) is amended by adding at the end the following new title:
``TITLE XIX--DOMESTIC NUCLEAR DETECTION
``SEC. 1901. OFFICE OF DOMESTIC NUCLEAR DETECTION.
``(a) In General.--There shall be in the Department of Homeland
Security an Office of Domestic Nuclear Detection.
``(b) Purpose.--The purpose of the Office shall be to protect
against the unauthorized importation, possession, storage,
transportation, development, or use of a nuclear explosive device,
fissile material, or radiological material against the United States.
``(c) Director.--The Office shall be headed by a Director of
Domestic Nuclear Detection, who shall be appointed by the President
from among individuals nominated by the Secretary.
``(d) Limitation.--This title shall not be construed to affect the
performance, by directorates and agencies of the Department other than
the Office, of functions that are not related to detection and
prevention of nuclear and radiological terrorism.
``SEC. 1902. RESPONSIBILITIES OF DIRECTOR OF DOMESTIC NUCLEAR
DETECTION.
``(a) In General.--The Secretary shall vest in the Director of
Domestic Nuclear Detection the primary responsibility in the Department
for--
``(1) administering all nuclear and radiological detection
and prevention functions and assets of the Department; and
``(2) for coordinating such administration with nuclear and
radiological detection and prevention activities of other
Federal departments and agencies.
``(b) Transfer of Functions.--The Secretary shall transfer to the
Director the authority to administer, or supervise the administration
of, all functions, personnel, assets, and liabilities of all Department
programs and projects relating to nuclear and radiological detection
research, development, testing, and evaluation, and nuclear and
radiological detection system acquisition and deployment, including
with respect to functions and assets transferred by section 303(1)(B),
(C), and (E) and functions, assets, and personnel transferred pursuant
to section 1910(c).
``SEC. 1903. GLOBAL NUCLEAR DETECTION ARCHITECTURE.
``(a) In General.--The Director of Domestic Nuclear Detection shall
coordinate the Federal Government's implementation of a global nuclear
detection architecture.
``(b) Functions of Director.--In carrying out subsection (a), the
Director shall--
``(1) design a strategy that will guide deployment of the
global nuclear detection architecture;
``(2) implement the strategy in the United States; and
``(3) coordinate Department and Federal interagency efforts
to deploy the elements of the global nuclear detection
architecture outside the United States.
``(c) Relationship to Other Departments and Agencies.--The
authority of the Director under this section shall not affect an
authority or responsibility of any other department or agency of the
Federal Government with respect to the deployment of nuclear and
radiological detection systems outside the United States under any
program administered by that department or agency.
``SEC. 1904. RESEARCH AND DEVELOPMENT.
``(a) In General.--The Director of Domestic Nuclear Detection shall
carry out a research and development program to achieve
transformational and evolutionary improvements in detection
capabilities for shielded and unshielded nuclear explosive devices and
radiological dispersion devices.
``(b) High-Risk Projects.--The program shall include funding for
transformational research and development projects that may have a high
risk of failure but have the potential to provide significant benefits.
``(c) Long-Term Projects.--In order to reflect a long-term
commitment to the development of more effective detection technologies,
the program shall include the provision of funding for projects having
a duration of more than 3 years, as appropriate.
``(d) Coordination With Other Federal Programs.--The Director shall
coordinate implementation of the program with other Federal agencies
performing similar research and development in order to accelerate the
development of effective technologies, promote technology sharing, and
to avoid duplication, including through the use of the interagency
coordination council established under section 1913.
``SEC. 1905. SYSTEM ASSESSMENTS.
``(a) Program Required.--The Director of Domestic Nuclear Detection
shall carry out a program to test and evaluate technology for detecting
nuclear explosive devices and fissile or radiological material.
``(b) Performance Metrics.--The Director shall establish
performance metrics for evaluating the effectiveness of individual
detectors and detection systems in detecting nuclear explosive devices
or fissile or radiological material--
``(1) under realistic operational and environmental
conditions; and
``(2) against realistic adversary tactics and
countermeasures.
``(c) Provision of Testing Services.--
``(1) In general.--The Director may, under the program
required under subsection (a), make available testing services
to developers of detection technologies. The results of the
tests performed with services made available under this
subsection shall be confidential and may not be disclosed to
individuals or entities outside of the Federal Government
without the consent of the developer for whom the tests are
performed.
``(2) Fees.--The Director may charge a fee, as appropriate,
to perform any service under this subsection.
``(d) System Assessments.--
``(1) In general.--The Director shall periodically perform
system-wide assessments of the global nuclear detection
architecture to identify vulnerabilities and to gauge overall
system performance against nuclear and radiological threats.
``(2) Included activities.--The assessments shall include--
``(A) red teaming activities to identify
vulnerabilities and possible modes of attack and
concealment methods; and
``(B) net assessments to determine architecture
performance against adversary tactics and concealment
methods.
``(3) Use.--The Director shall use the assessments to guide
deployment of the global nuclear detection architecture and the
research and development activities of the Office of Domestic
Nuclear Detection.
``SEC. 1906. TECHNOLOGY ACQUISITION, DEPLOYMENT, SUPPORT, AND TRAINING.
``(a) Acquisition Strategy.--
``(1) In general.--The Director of Domestic Nuclear
Detection shall develop and, subject to the availability of
appropriations, execute a strategy for the acquisition and
deployment of detection systems in order to implement the
Department components of the global nuclear detection
architecture developed under section 1903.
``(2) Use of available contracting procedures.--The
Director shall make use of all contracting procedures available
to the Secretary to implement the acquisition strategy.
``(3) Determination of qualified anti-terrorism
technology.--The Director shall make recommendations based on
the criteria included in section 862(b) as to whether the
detection systems acquired pursuant to this subsection shall be
designated by the Secretary as anti-terrorism technologies that
qualify for protection under the system of risk management
under subtitle G of title VIII. The Under Secretary for Science
and Technology shall consider the Director's recommendations
and expedite the process of determining whether such detection
systems shall be designated as anti-terrorism technologies that
qualify for such protection.
``(b) Deployment.--The Director shall deploy detection systems for
use by Department operational units and other end-users in implementing
the global nuclear detection architecture.
``(c) Operational Support and Protocols.--
``(1) Operational support.--The Director shall provide
operational support for all systems acquired to implement the
acquisition strategy developed under subsection (a).
``(2) Operational protocols.--The Director shall develop
operational protocols for detection technology acquired and
deployed to implement the acquisition strategy, including
procedures for alarm resolution and notification of appropriate
response agencies in the event that illicit nuclear,
radioactive, or fissile materials are detected by such a
product or service.
``(3) Technical reachback.--The Director will ensure that
the expertise necessary to accurately interpret detection data
is made available in a timely manner for all technology
deployed to implement the global nuclear detection
architecture.
``(d) Training.--The Director shall develop and distribute training
materials and provide training to all end-users of technology acquired
by the Director under the acquisition strategy.
``(e) Solicitation of End-User Input.--In developing requirements
for the research and development program of section 1904 and
requirements for the acquisition of detection systems to implement the
strategy in subsection (a), the Director shall solicit input from end-
users of such systems.
``(f) State and Local Support.--Upon request, the Director shall
provide guidance regarding radiation detection technology acquisitions
to be made by State, local, and tribal governments and emergency
response providers.
``SEC. 1907. SITUATIONAL AWARENESS.
``(a) Detection Information.--The Director of Domestic Nuclear
Detection--
``(1) shall continuously monitor detection information
received from foreign and domestic detection systems to
maintain for the Department a situational awareness of all
nuclear threats;
``(2) shall gather and archive--
``(A) detection data measurements taken of benign
activities in the normal flows of commerce; and
``(B) alarm data, including false alarms and
nuisance alarms.
``(b) Information Sharing.--The Director shall coordinate with
other governmental agencies to ensure that the detection of
unauthorized nuclear explosive devices, fissile material, or
radiological material is promptly reported to all appropriate Federal
response agencies including the Attorney General, the Director of the
Federal Bureau of Investigation, the Secretary of Defense, and the
Secretary of Energy.
``(c) Incident Resolution.--The Director shall assess nuclear
threats communicated by Federal, State, tribal, or local officials and
provide adequate technical reachback capability for swift and effective
incident resolution.
``(d) Security.--The Director shall--
``(1) develop and implement security standards and
protocols for the control and protection of all classified or
sensitive information in possession of the Office; and
``(2) ensure that relevant personnel of the Office have the
required security clearances to properly handle such
information.
``SEC. 1908. FORENSIC ANALYSIS.
``The Director of Domestic Nuclear Detection shall perform all
research, development, and acquisition activities of the Department
pertaining to forensic analysis and attribution of nuclear and
radiological attacks.
``SEC. 1909. THREAT INFORMATION.
``(a) Threat Assessments.--The Director of Domestic Nuclear
Detection shall utilize classified and unclassified nuclear and
radiological threat assessments in designing the global nuclear
detection architecture under section 1903, prioritizing detection
system deployments, and testing and optimizing system performance of
that architecture, including assessments of--
``(1) smuggling routes;
``(2) locations of relevant nuclear and radiological
material throughout the world;
``(3) relevant terrorist tradecraft and concealment
methods;
``(4) relevant nuclear and radiological threat objects in
terms of possible detection signatures.
``(b) Access to Information.--The Secretary shall provide the
Director access to all information relating to nuclear and radiological
threats, including reports, assessments, analyses, and unevaluated
intelligence, that is necessary to successfully design, deploy, and
support the operation of an effective global detection architecture
under section 1903.
``(c) Analytical Support.--The Director shall request that the
Secretary provide to the Director, pursuant to section 201(c)(20), the
requisite intelligence and information analysis support necessary to
effectively discharge the Director's responsibilities.
``(d) Analytical Expertise.--For the purposes of performing any of
the assessments required under subsection (a), the Director, subject to
the availability of appropriations, may hire qualified personnel with
experience in performing nuclear and radiological threat assessments.
``(e) Collection Requests.--The Director shall recommend that the
Secretary consult with the Director of Central Intelligence or other
appropriate intelligence, law enforcement, or other elements of the
Federal Government pursuant to section 201(c)(7) with respect to
intelligence collection to design, deploy, and support the operation of
the global detection architecture under section 1903.
``SEC. 1910. ADMINISTRATIVE AUTHORITIES.
``(a) Hiring.--In hiring personnel for the Office of Domestic
Nuclear Detection, the Secretary shall have the hiring and management
authorities described in section 1101 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note;
Public Law 105-261). The term of appointments for employees under
subsection (c)(1) of that section may not exceed 5 years before the
granting of any extension under subsection (c)(2) of that section
``(b) Detail of Personnel.--In order to assist the Director of
Domestic Nuclear Detection in discharging the Director's
responsibilities, personnel of other Federal agencies may be detailed
to the Office for the performance of analytic functions and related
duties.
``(c) Transfer of Science and Technology Functions, Personnel, and
Assets.--
``(1) Transfer required.--Except as provided in paragraph
(2), the Secretary shall transfer to the Director the
functions, assets, and personnel of the Department relating to
radiological and nuclear countermeasures, including forensics
of contaminated evidence and attack attribution.
``(2) Exceptions.--The Secretary shall not transfer under
paragraph (1) functions, assets, and personnel relating to
consequence management and recovery.
``(3) Elimination of duplication of effort.--The Secretary
shall ensure that to the extent that complementary functions
are vested in the Directorate of Science and Technology and the
Office of Domestic Nuclear Detection with respect to
radiological and nuclear countermeasures, the Under Secretary
for Science and Technology and the Director of Domestic Nuclear
Detection coordinate the programs administered by the Under
Secretary and the Director to eliminate duplication and
increase integration opportunities, particularly with respect
to technology development and test and evaluation.
``SEC. 1911. REPORT REQUIREMENT.
``The Director of Domestic Nuclear Detection shall submit to
Congress an annual report on each of the following:
``(1) The global detection strategy developed under section
1903.
``(2) The status of implementation of such architecture.
``(3) The schedule for future detection system deployments
under such architecture.
``(4) The research and development program of the Office of
Domestic Nuclear Detection.
``(5) A summary of actions taken by the Office during the
reporting period to counter nuclear and radiological threats.
``SEC. 1912. ADVISORY COUNCIL ON NUCLEAR DETECTION.
``(a) Establishment.--Pursuant to section 871 of this Act, the
Secretary shall establish within the Office of Domestic Nuclear
Detection an Advisory Council on Nuclear Detection (in this section
referred to as the `Advisory Council'). The Advisory Council shall
report to the Director of Domestic Nuclear Detection.
``(b) Functions.--The Advisory Council shall, at the request of the
Director--
``(1) advise the Director on recommendations for the global
nuclear detection architecture developed under section 1903(a);
``(2) identify research areas for development of next-
generation and transformational nuclear and radiological
detection technologies; and
``(3) and have such additional responsibilities as the
Director may assign in furtherance of the Department's homeland
security mission with respect to enhancing domestic and
international nuclear and radiological detection capabilities.
``(c) Membership.--The Advisory Council shall consist of 5 members
appointed by the Director, who shall--
``(1) be individuals who have an eminent knowledge and
technical expertise related to nuclear and radiological
detection research and development and radiation detection;
``(2) be selected solely on the basis of their established
record of distinguished service; and
``(3) not be employees of the Federal Government, other
than employees of National Laboratories.
``(d) Conflict of Interest Rules.--The Advisory Council shall
establish rules for determining when one of its members has a conflict
of interest in a matter being considered by the Advisory Council, and
the appropriate course of action to address such conflicts of interest.
``SEC. 1913. INTERAGENCY COORDINATION COUNCIL.
``The President--
``(1) shall establish an interagency coordination council
to facilitate interagency cooperation for purposes of
implementing this title;
``(2) shall appoint the Secretary to chair the interagency
coordination council; and
``(3) may appoint the Attorney General, the Secretary of
Energy, the Secretary of State, the Secretary of Defense, and
the heads of other appropriate Federal agencies to designate
members to serve on such council.
``SEC. 1914. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this title--
``(1) from the amount authorized to be appropriated for
fiscal year 2007 under section 101 of the Department of
Homeland Security Authorization Act for Fiscal Year 2007,
$536,000,000 for that fiscal year; and
``(2) such sums as may be necessary for each subsequent
fiscal year.
``SEC. 1915. DEFINITIONS.
``In this title:
``(1) The term `fissile materials' means material capable
of undergoing nuclear fission by thermal or slow neutrons.
``(2) The term `global nuclear detection architecture'
means a multi-layered system of detectors deployed
internationally and domestically to detect and interdict
nuclear and radiological materials intended for illicit use.
``(3) The term `nuclear and radiological detection system'
means any technology that is capable of detecting or
identifying nuclear and radiological material or explosive
devices.
``(4) The term `radiological material' means material that
emits nuclear radiation.
``(5) The term `nuclear explosive device' means an
explosive device capable of producing a nuclear yield.
``(6) The term `technical reachback' means technical expert
support provided to operational end users for data
interpretation and alarm resolution.
``(7) The term `transformational' means that, if
successful, will produce dramatic technological improvements
over existing capabilities in the areas of performance, cost,
or ease of use.''.
(b) Conforming Amendments.--
(1) Section 103(d) of the Homeland Security Act of 2002 (6
U.S.C. 113(d)) is amended by adding at the end the following:
``(5) A Director of the Domestic Nuclear Detection
Office.''.
(2) Section 302 of such Act (6 U.S.C. 182) is amended--
(A) in paragraph (2) by striking ``radiological,
nuclear''; and
(B) in paragraph (5)(A) by striking ``radiological,
nuclear''.
(3) Section 305 of such Act (6 U.S.C. 185) is amended by
inserting ``and the Director of the Domestic Nuclear Detection
Office'' after ``Technology''.
(4) Section 308 of such Act (6 U.S.C. 188) is amended in
each of subsections (a) and (b)(1) by inserting ``and the
Director of the Domestic Nuclear Detection Office'' after
``Technology'' each place it appears.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (116 Stat. 2135) is amended by adding
at the end the following:
``TITLE XIX--DOMESTIC NUCLEAR DETECTION
``Sec. 1901.Office of Domestic Nuclear Detection.
``Sec. 1902.Responsibilities of Director of the Domestic Nuclear
Detection.
``Sec. 1903. Global nuclear detection architecture.
``Sec. 1904. Research and development.
``Sec. 1905. System assessments.
``Sec. 1906. Technology acquisition, deployment, support, and training.
``Sec. 1907. Situational awareness.
``Sec. 1908. Forensic analysis.
``Sec. 1909. Threat information.
``Sec. 1910. Administrative authorities.
``Sec. 1911. Report requirement.
``Sec. 1912. Advisory Council on Nuclear Detection.
``Sec. 1913. Interagency coordination council.
``Sec. 1914. Authorization of appropriations.
``Sec. 1915. Definitions.''.
SEC. 602. CHIEF MEDICAL OFFICER.
(a) Establishment.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following:
``SEC. 512. CHIEF MEDICAL OFFICER.
``(a) In General.--There is in the Department a Chief Medical
Officer, who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(b) Qualifications.--The individual appointed as Chief Medical
Officer shall possess a demonstrated ability in and knowledge of
medicine and public health.
``(c) Responsibilities.--The Chief Medical Officer shall have the
primary responsibility within the Department for medical issues related
to acts of terrorism, natural disasters, and other emergencies,
including the following:
``(1) Serving as the Secretary's principal advisor on
medical and public health issues.
``(2) Coordinating the biosurveillance and detection
activities of the Department.
``(3) Ensuring that decision support tools link
biosurveillance and detection information to near real-time
response actions at the State, local, and tribal level.
``(4) Ensuring internal and external coordination of all
medical preparedness and response activities of the Department,
including training, exercises, and equipment support.
``(5) Serving as the Department's primary point of contact
on medical and public health issues with the Departments of
Agriculture, Defense, Health and Human Services,
Transportation, and Veterans Affairs, and other Federal
departments or agencies.
``(6) Serving as the Department's primary point of contact
with respect to medical and public health matters.
``(7) Discharging, in coordination with the Under Secretary
for Science and Technology, responsibilities of the Department
related to Project Bioshield.
``(8) Establishing doctrine and priorities for the National
Disaster Medical System and supervising its medical components,
consistent with the National Response Plan and the National
Incident Management System.
``(9) Establishing doctrine and priorities for the
Metropolitan Medical Response System, consistent with the
National Response Plan and the National Incident Management
System.
``(10) Performing such other duties relating to such
responsibilities as the Secretary may require.
``(d) Deputy.--There is in the Department a Deputy Chief Medical
Officer, who shall be appointed by the Secretary and who shall assist
the Chief Medical Officer in carrying out the responsibilities under
subsection (c).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the items relating to title V,
the following new item:
``Sec. 512. Chief Medical Officer.''.
SEC. 603. NATIONAL BIOSURVEILLANCE INTEGRATION SYSTEM.
(a) Establishment.--The Secretary of Homeland Security, acting
through the Chief Medical Officer of the Department of Homeland
Security, shall establish a National Biosurveillance Integration System
(referred to in this section as the ``NBIS'') to enhance the capability
of the Federal Government to rapidly identify, characterize, and
localize a biological event by integrating and analyzing data from
human health, animal, plant, food, and environmental monitoring systems
(both national and international) into a single comprehensive system.
(b) Requirements.--The NBIS shall be designed to detect, as early
as possible, a biological event that presents a risk to the United
States or the infrastructure or key assets of the United States. The
NBIS shall--
(1) consolidate data from all relevant surveillance systems
maintained by the Department of Homeland Security and other
governmental and private sources, both foreign and domestic;
(2) use an information technology system that uses the best
available statistical and other analytical tools to
automatically identify and characterize biological events in as
close to real-time as possible; and
(3) process and protect sensitive data consistent with
requirements of applicable privacy laws including the Health
Insurance Portability and Accountability Act of 1996.
(c) Responsibilities of the Chief Medical Officer of the Department
of Homeland Security.--
(1) In general.--The Chief Medical Officer of the
Department of Homeland Security shall--
(A) establish an entity to perform all operations
and assessments related to the NBIS;
(B) continuously monitor the availability and
appropriateness of data feeds and solicit new
surveillance systems with data that would enhance
biological situational awareness or overall NBIS
performance;
(C) continuously review and seek to improve the
statistical and other analytical methods utilized by
NBIS;
(D) establish a procedure to enable States and
local government entities to report suspicious events
that could warrant further assessments using NBIS;
(E) receive and consider all relevant homeland
security information; and
(F) provide technical assistance, as appropriate,
to all Federal, regional, State, and local government
entities and private sector entities that contribute
data relevant to the operation of NBIS.
(2) Assessments.--The Chief Medical Officer of the
Department of Homeland Security shall--
(A) continuously evaluate available data for
evidence of a biological event; and
(B) integrate homeland security information with
NBIS data to provide overall situational awareness and
determine whether a biological event has occurred.
(3) Information sharing.--The Chief Medical Officer of the
Department of Homeland Security shall--
(A) in the event that a biological event is
detected, notify the Secretary of Homeland Security and
disseminate results of NBIS assessments related to that
biological event to appropriate Federal, regional,
State, and local response entities in a timely manner
to support decision making;
(B) provide reports on NBIS assessments to Federal,
regional, State, and local governments and any private
sector entities, as considered appropriate by the
Secretary; and
(C) use available information sharing networks
internal to the Department, as well as those within the
intelligence community and operation centers, for
distributing NBIS incident or situational awareness
reports.
(d) Notification of Chief Medical Officer of the Department of
Homeland Security.--The Secretary of Homeland Security shall ensure
that the Chief Medical Officer of the Department of Homeland Security
is notified of any threat of a biological event and receives all
classified and unclassified reports related to threats of biological
events in a timely manner.
(e) Administrative Authorities.--
(1) Hiring of experts.--The Chief Medical Officer of the
Department of Homeland Security shall hire individuals with the
necessary expertise to develop and operate the NBIS system.
(2) Detail of personnel.--Upon the request of the Chief
Medical Officer of the Department of Homeland Security, 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 Chief Medical Officer of
the Department of Homeland Security in carrying out this
section.
(3) Privacy.--The Chief Medical Officer of the Department
of Homeland Security shall ensure all applicable privacy
regulations are strictly adhered to in the operation of the
NBIS and the sharing of any information related to the NBIS.
(f) Joint Biosurveillance Leadership Council.--The Chief Medical
Officer of the Department of Homeland Security shall--
(1) establish an interagency coordination council to
facilitate interagency cooperation to advise the Chief Medical
Officer of the Department of Homeland Security on
recommendations to enhance the biosurveillance capabilities of
the Department; and
(2) invite officials of Federal agencies that conduct
biosurveillance programs, including the Department of Health
and Human Services, the Department of Agriculture, the
Environment Protection Agency, and the Department of Defense,
to serve on such council.
(g) Annual Report Required.--Not later than December 31 of each
year, the Chief Medical Officer of the Department of Homeland Security
shall submit to Congress a report that contains each of the following:
(1) A list of departments, agencies, and private or
nonprofit entities participating in the NBIS and the data each
entity contributes to the NBIS.
(2) An implementation plan for the NBIS that includes cost,
schedule, and key milestones.
(3) The status of the implementation of the NBIS.
(4) The schedule for obtaining access to any relevant
biosurveillance information not compiled in NBIS as of the date
on which the report is submitted.
(5) A description of the incident reporting or decision
making protocols in effect as of the date on which the report
is submitted and any changes made to such protocols during the
period beginning on the date on which the report for the
preceding year was submitted and ending on the date on which
the report is submitted.
(6) A list of any Federal, State, or local government
entities that have direct or indirect access to the information
that is integrated into the NBIS.
(h) Relationship to Other Departments and Agencies.--The authority
of the Chief Medical Officer of the Department of Homeland Security
under this section shall not affect an 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) Biological Event.--For purposes of this section, the term
``biological event'' means--
(1) an act of terrorism that uses material of biological
origins; or
(2) a naturally occurring outbreak of an infectious disease
that may affect national security.
SEC. 604. MATERIAL THREATS.
(a) In General.--Section 319F-2(c)(2)(A) of the Public Health
Service Act (42 U.S.C. 247d-6b(c)(2)(A)) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively;
(2) by moving each of such subclauses two ems to the right;
(3) by striking ``(A) Material threat.--The Homeland
Security Secretary'' and inserting the following:
``(A) Material threat.--
``(i) In general.--The Homeland Security
Secretary''; and
(4) by adding at the end the following clauses:
``(ii) Use of existing risk assessments.--
For the purpose of satisfying the requirements
of clause (i) as expeditiously as possible, the
Homeland Security Secretary shall, as
practicable, utilize existing risk assessments
that such Secretary considers credible.
``(iii) Order of assessments.--
``(I) Groupings to facilitate
assessment of countermeasures.--In
conducting threat assessments and
determinations under clause (i) of
chemical, biological, radiological, and
nuclear agents, the Homeland Security
Secretary shall, to the extent
practicable and appropriate, consider
the completion of such assessments and
determinations for groups of agents
toward the goal of facilitating the
assessment of countermeasures under
paragraph (3) by the Secretary of
Health and Human Services.
``(II) Categories of
countermeasures.--The grouping of
agents under subclause (I) by the
Homeland Security Secretary shall be
designed to facilitate assessments
under paragraph (3) by the Secretary of
Health and Human Services regarding the
following two categories of
countermeasures:
``(aa) Countermeasures that
may address more than one agent
identified under clause
(i)(II).
``(bb) Countermeasures that
may address adverse health
consequences that are common to
exposure to different agents.
``(III) Rule of construction.--A
particular grouping of agents pursuant
to subclause (II) is not required under
such subclause to facilitate
assessments of both categories of
countermeasures described in such
subclause. A grouping may concern one
category and not the other.
``(iv) Time frame for completion of certain
national-security determinations.--With respect
to chemical, biological, radiological, and
nuclear agents known to the Homeland Security
Secretary as of the day before the date of the
enactment of this Act, and which such Secretary
considers to be capable of significantly
affecting national security, such Secretary
shall complete the determinations under clause
(i)(II) not later than December 31, 2007.
``(v) Definition.--For purposes of this
subparagraph, the term `risk assessment' means
a scientific, technically-based analysis of
agents that incorporates threat, vulnerability,
and consequence information.''.
(b) Authorization of Appropriations.--Section 510(d) of the
Homeland Security Act of 2002 (6 U.S.C. 320(d)) is amended--
(1) in paragraph (1), by striking ``2006,'' and inserting
``2009,''; and
(2) by adding at the end the following:
``(3) Additional authorization of appropriations regarding
certain threat assessments.--For the purpose of providing an
additional amount to the Secretary to assist the Secretary in
meeting the requirements of clause (iv) of section 319F-
2(c)(2)(A)) of the Public Health Service Act (relating to time
frames), there are authorized to be appropriated such sums as
may be necessary for fiscal year 2007, in addition to the
authorization of appropriations established in paragraph (1).
The purposes for which such additional amount may be expended
include conducting risk assessments regarding clause (i)(II) of
such section when there are no existing risk assessments that
the Secretary considers credible.''.
SEC. 605. STUDY ON NATIONAL BIODEFENSE TRAINING.
(a) Study Required.--The Secretary of Homeland Security shall, in
consultation with the Secretary of Defense and the Secretary for Health
and Human Services, conduct a study to determine the staffing and
training requirements for pending capital programs to construct
biodefense laboratories (including agriculture and animal laboratories)
at Biosafety Level 3 and Biosafety Level 4 or to expand current
biodefense laboratories to such biosafety levels.
(b) Elements.--In conducting the study, the Secretary of Homeland
Security shall address the following:
(1) The number of trained personnel, by discipline and
qualification level, required for existing biodefense
laboratories at Biosafety Level 3 and Biosafety Level 4.
(2) The number of research and support staff, including
researchers, laboratory technicians, animal handlers, facility
managers, facility or equipment maintainers, biosecurity
personnel (including biosafety, physical, and electronic
security personnel), and other safety personnel required to
manage biodefense research efforts to combat bioterrorism at
the biodefense laboratories described in subsection (a).
(3) The training required to provide the personnel
described by paragraphs (1) and (2), including the type of
training (whether classroom, laboratory, or field training)
required, the length of training required by discipline, and
the curriculum required to be developed for such training.
(4) Training schedules necessary to meet the scheduled
openings of the biodefense laboratories described in subsection
(a), including schedules for refresher training and continuing
education that may be necessary for that purpose.
(c) Report.--Not later than December 31, 2006, the Secretary of
Homeland Security shall submit to Congress a report setting forth the
results of the study conducted under this section.
SEC. 606. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.
Section 311(j) of the Homeland Security Act of 2002 (6 U.S.C.
191(j)) is amended to read as follows:
``(j) Termination.--The Department of Homeland Security Science and
Technology Advisory Committee shall terminate on the date that is 10
years after the date on which it was established.''.
TITLE VII--HOMELAND SECURITY INFRASTRUCTURE PROTECTION AND
CYBERSECURITY ENHANCEMENT
SEC. 701. INFRASTRUCTURE PROTECTION AND CYBERSECURITY.
(a) In General.--Title II of the Homeland Security Act of 2002 is
amended by adding at the end the following new subtitle:
``Subtitle E--Infrastructure Protection and Cybersecurity
``SEC. 241. OFFICE OF INFRASTRUCTURE PROTECTION.
``(a) In General.--There is in the Department an Office of
Infrastructure Protection.
``(b) Assistant Secretary for Infrastructure Protection.--The head
of the Office shall be the Assistant Secretary for Infrastructure
Protection.
``(c) Responsibilities of the Assistant Secretary.--The Assistant
Secretary shall carry out the responsibilities of the Department
regarding infrastructure protection. Such responsibilities shall
include the following:
``(1) To identify and carry out comprehensive risk
assessments of key resources and critical infrastructure of the
United States, to determine the risks posed by particular types
of terrorist attacks within the United States (including an
assessment of the probability of success of such attacks and
the feasibility and potential efficacy of various
countermeasures to such attacks).
``(2) To develop and maintain a comprehensive national plan
for securing the key resources and critical infrastructure of
the United States, in accordance with Homeland Security
Presidential Directive 7.
``(3) To recommend measures necessary to protect the key
resources and critical infrastructure of the United States in
coordination with other Federal Departments and agencies and in
consultation with State, local, and tribal government agencies
and authorities, and the private sector.
``(4) To coordinate and implement, as appropriate,
preparedness efforts to ensure that critical infrastructure and
key resources efforts are fully integrated and coordinated with
the response and recovery activities of the Department.
``(5) To establish and maintain partnerships and
information sharing processes with Federal, State, local, and
tribal governments, the private sector, and international
governments and organizations to enhance coordination of
critical infrastructure and key resource efforts.
``(6) To coordinate with the Under Secretary for
Intelligence and Analysis and elements of the intelligence
community and with Federal, State, local, and tribal law
enforcement agencies, and the private sector, as appropriate.
``(7) To provide the Secretary with an annual summary of
national critical infrastructure protection efforts and
priorities and to provide, in consultation with the appropriate
Department official with primary responsibility for grants,
recommendations for Federal critical infrastructure protection
funding.
``(8) In carrying out responsibilities under paragraphs (1)
and (2), to consult with other Federal, State, local, and
tribal government agencies and authorities as appropriate.
``(9) To perform other such duties relating to such
responsibilities as the Secretary may provide.
``(d) Integration Center.--
``(1) In general.--There is an Integration Center in the
Office of Infrastructure Protection, which shall be staffed by
the Office of Infrastructure Protection, the Office of
Cybersecurity and Telecommunications, and the Office of
Intelligence and Analysis.
``(2) Responsibilities.--The Integration Center shall--
``(A) be responsible for the integration of
relevant threat, consequence, and vulnerability
information, analysis, and assessments (whether such
information, analysis, or assessments are provided or
produced by the Department or others) in order to
identify priorities for protective and support measures
by the Department, other Federal departments and
agencies, State, local, and tribal government agencies
and authorities, the private sector, and other
entities; and
``(B) develop and disseminate analytical products
that combine homeland security information with
critical infrastructure and key resource vulnerability
and consequence information.
``(3) Critical infrastructure information.--The Secretary
shall ensure that the Department makes full and efficient use
of open-source information to analyze United States critical
infrastructure from the perspective of terrorists using
publicly available information.
``(e) Staff.--
``(1) In general.--The Secretary shall ensure that the
Office has staff that possess appropriate expertise and
experience to assist the Assistant Secretary in discharging
responsibilities under this section.
``(2) Private sector staff.--Staff under this subsection
may include individuals from the private sector.
``(3) Security clearances.--Staff under this subsection
shall possess security clearances appropriate for their work
under this section.
``(f) Detail of Personnel.--
``(1) In general.--In order to assist the Office in
discharging responsibilities under this section, personnel of
other Federal departments and agencies may be detailed to the
Department for the performance of analytic functions and
related duties.
``(2) Cooperative agreements.--The Secretary and the head
of the Federal department or agency concerned may enter into
cooperative agreements for the purpose of detailing personnel
under this subsection.
``(3) Basis.--The detail of personnel under this subsection
may be on a reimbursable or non-reimbursable basis.
``(g) Reprogramming.--The Secretary may not reprogram any funds
allocated to the Office of Infrastructure Protection until 60 days
after the Secretary submits to the Committees on Appropriations of the
Senate and House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on Homeland
Security of the House of Representatives written notification of the
reprogramming.
``SEC. 242. OFFICE OF CYBERSECURITY AND TELECOMMUNICATIONS.
``(a) In General.--There is in the Department an Office of
Cybersecurity and Telecommunications.
``(b) Assistant Secretary for Cybersecurity and
Telecommunications.--The head of the Office shall be the Assistant
Secretary for Cybersecurity and Telecommunications.
``(c) Responsibilities of the Assistant Secretary.--The Assistant
Secretary shall carry out the responsibilities of the Department
regarding cybersecurity and telecommunications. Such responsibilities
shall include the following:
``(1) To establish and manage--
``(A) a national cybersecurity response system that
includes the ability to--
``(i) analyze the effect of cybersecurity
threat information on national critical
infrastructure identified by the President; and
``(ii) aid in the detection and warning of
potential vulnerabilities or attacks that could
cause widespread disruption of cybersecurity
infrastructure and in the restoration of such
infrastructure in the aftermath of such
attacks;
``(B) a national cybersecurity threat and
vulnerability reduction program which conducts risk
assessments on information technology systems,
identifies and prioritize vulnerabilities in critical
information infrastructure, and coordinates the
mitigation of such vulnerabilities;
``(C) an emergency communications program to ensure
communications systems and procedures are in place to
exchange information during disasters;
``(D) a continuity of operations program to plan
and allocate resources for the continuation of critical
information operations in the event of a large scale
disruption of the information infrastructure and to
coordinate a response;
``(E) a reconstitution program to ensure that
priorities, procedures, and resources are in place to
reconstitute critical information infrastructures. This
program should clearly delineate roles and
responsibilities of the Department, other federal
agencies and private sector;
``(F) a resiliency program that will support basic
and fundamental research to improve the reliability and
security of network protocols;
``(G) a national public-private cybersecurity
awareness, training, and education program that
promotes Internet security awareness among all enduser
groups;
``(H) a government cybersecurity program to
coordinate and consult with Federal, State, and local
governments to enhance their cybersecurity programs;
and
``(I) an international cybersecurity cooperation
program to help foster Federal efforts to enhance
international cybersecurity awareness and cooperation.
``(2) To coordinate and to leverage existing efforts within
the private sector on the program under paragraph (1) as
appropriate and to promote cybersecurity information sharing,
vulnerability assessment, and threat warning regarding critical
infrastructure.
``(3) To coordinate with the Under Secretary for
Intelligence and Analysis and the Assistant Secretary for
Infrastructure Protection to provide relevant and timely
homeland security information to the appropriate private sector
information infrastructure stakeholders regarding potential
vulnerabilities or attacks.
``(4) To coordinate with other directorates and offices
within the Department and with other Federal agencies, as
appropriate, with respect to the cybersecurity aspects of such
directorates, offices, and agencies.
``(5) To coordinate with the Department official with
primary responsibility for emergency preparedness to ensure
that the National Response Plan developed includes appropriate
measures for the recovery of the cybersecurity elements of
critical infrastructure.
``(6) To promote voluntary cybersecurity best practices,
standards, and benchmarks that are responsive to rapid
technology changes and to the security needs of critical
infrastructure.
``(7) To coordinate with the Chief Information Officer of
the Department in establishing a secure information sharing
architecture and information sharing processes, including with
respect to the Department's operation centers.
``(8) To consult with the Electronic Crimes Task Force of
the United States Secret Service on private sector outreach and
information activities.
``(9) To consult with the appropriate Department official
with primary responsibility for grants to ensure that realistic
cybersecurity scenarios are incorporated into training
exercises, including tabletop and recovery exercises.
``(10) To consult and coordinate with the Assistant
Secretary for Infrastructure Protection, the Under Secretary
for Science and Technology, and, where appropriate, with other
relevant Federal departments and agencies, as well as private
sector stakeholders, on the security of digital control
systems, such as Supervisory Control and Data Acquisition
(SCADA) systems.
``(11) To consult and coordinate with the Under Secretary
of Science and Technology on cybersecurity research and
development requirements.
``(d) Reporting.--Not later than one year after the date of the
enactment of this section, the Secretary shall submit to Congress a
report on the programs that implement or support the requirements of
this section and the coordination of the Assistant Secretary with the
private sector in meeting these responsibilities.
``(e) Deadline for Nomination.--Not later than 90 days after the
date of the enactment of this section, the President shall nominate an
individual to serve as the Assistant Secretary for Cybersecurity and
Telecommunications.
``(f) Staff.--
``(1) In general.--The Secretary shall provide the Office
of Cybersecurity and Telecommunications with a staff having
appropriate expertise and experience to assist the Assistant
Secretary in discharging responsibilities under this section.
``(2) Security clearances.--Staff under this subsection
shall possess security clearances appropriate for their work
under this section.
``(g) Detail of Personnel.--
``(1) In general.--In order to assist the Assistant
Secretary for Cybersecurity and Telecommunications in
discharging the responsibilities of the Assistant Secretary
under this section, personnel of other Federal departments and
agencies may be detailed to the Department for the performance
of analytic functions and related duties.
``(2) Cooperative agreements.--The Secretary and the head
of a Federal department or agency concerned may enter into
cooperative agreements for the purpose of detailing personnel
under this subsection.
``(3) Basis.--The detail of personnel under this subsection
may be on a reimbursable or non-reimbursable basis.
``(h) Reprogramming.--The Secretary may not reprogram any funds
allocated to the Office of Cybersecurity and Telecommunications until
60 days after the Secretary submits to the Committees on Appropriations
of the Senate and House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives written notification
of the reprogramming.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the items relating to subtitle D
of title II the following:
``Subtitle E--Infrastructure Protection and Cybersecurity
``Sec. 241. Office of Infrastructure Protection.
``Sec. 242. Office of Cybersecurity and Telecommunications.''.
SEC. 702. CYBERSECURITY TRAINING PROGRAM AND EQUIPMENT.
(a) In General.--The Secretary of Homeland Security, acting through
the Assistant Secretary of Homeland Security for Cybersecurity and
Telecommunications, may establish, in conjunction with the National
Science Foundation, a program to award grants to institutions of higher
education (and consortia thereof) for--
(1) the establishment or expansion of cybersecurity
professional development programs;
(2) the establishment or expansion of associate degree
programs in cybersecurity; and
(3) the purchase of equipment to provide training in
cybersecurity for either professional development programs or
degree programs.
(b) Roles.--
(1) Department of homeland security.--The Secretary of
Homeland Security, acting through the Assistant Secretary of
Homeland Security for Cybersecurity and Telecommunications and
in consultation with the Director of the National Science
Foundation, shall establish the goals for the program
established under this section and the criteria for awarding
grants under the program.
(2) National science foundation.--The Director of the
National Science Foundation shall operate the program
established under this section consistent with the goals and
criteria established under paragraph (1), including soliciting
applicants, reviewing applications, and making and
administering grant awards. The Director may consult with the
Assistant Secretary for Cybersecurity and Telecommunications in
selecting awardees.
(3) Funding.--The Secretary shall transfer to the National
Science Foundation the funds necessary to carry out this
section.
(c) Grant Awards.--
(1) Peer review.--All grant awards under this section shall
be made on a competitive, merit-reviewed basis.
(2) Focus.--In making grant awards under this section, the
Director shall, to the extent practicable, ensure geographic
diversity and the participation of women and underrepresented
minorities.
(3) Preference.--In making grant awards under this section,
the Director shall give preference to applications submitted by
consortia of institutions to encourage as many students and
professionals as possible to benefit from this program.
(d) Authorization of Appropriations.--Of the amount authorized to
be appropriated under section 101 for fiscal year 2007, $3,700,000 is
to carry out this section for that fiscal year.
(e) Definition.--For purposes of this section, the term
``institution of higher education'' has the meaning given that term in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
TITLE VIII--GRANTS ADMINISTRATION
SEC. 801. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
(a) In General.--The Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 361 et seq.) is further amended--
(1) in section 1(b) in the table of contents by adding at
the end the following:
``TITLE XX--FUNDING FOR FIRST RESPONDERS
``Sec. 2001. Definitions.
``Sec. 2002. Faster and Smarter Funding for First Responders.
``Sec. 2003. Covered grant eligibility and criteria.
``Sec. 2004. Risk-based evaluation and prioritization.
``Sec. 2005. Use of funds.'';
and
(2) by adding at the end the following:
``TITLE XX--FUNDING FOR FIRST RESPONDERS
``SEC. 2001. DEFINITIONS.
``In this title:
``(1) Board.--The term `Board' means the First Responder
Grants Board established under section 2004.
``(2) Covered grant.--The term `covered grant' means any
grant to which this title applies under section 2002.
``(3) Directly eligible tribe.--The term `directly eligible
tribe' means any Indian tribe or consortium of Indian tribes
that--
``(A) meets the criteria for inclusion in the
qualified applicant pool for Self-Governance that are
set forth in section 402(c) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
458bb(c));
``(B) employs at least 10 full-time personnel in a
law enforcement or emergency response agency with the
capacity to respond to calls for law enforcement or
emergency services; and
``(C)(i) is located on, or within 5 miles of, an
international border or waterway;
``(ii) is located within 5 miles of a facility
designated as high-risk critical infrastructure by the
Secretary;
``(iii) is located within or contiguous to one of
the 50 largest metropolitan statistical areas in the
United States; or
``(iv) has more than 1,000 square miles of Indian
country, as that term is defined in section 1151 of
title 18, United States Code.
``(4) Elevations in the threat alert level.--The term
`elevations in the threat alert level' means any designation
(including those that are less than national in scope) that
raises the homeland security threat level to either the highest
or second highest threat level under the Homeland Security
Advisory System referred to in section 201(d)(7).
``(5) Emergency preparedness.--The term `emergency
preparedness' shall have the same meaning that term has under
section 602 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195a).
``(6) Essential capabilities.--The term `essential
capabilities' means the levels, availability, and competence of
emergency personnel, planning, training, and equipment across a
variety of disciplines needed to effectively and efficiently
prevent, prepare for, respond to, and recover from acts of
terrorism consistent with established practices.
``(7) First responder.--The term `first responder' shall
have the same meaning as the term `emergency response
provider'.
``(8) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaskan Native village or regional or
village corporation as defined in or established pursuant to
the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
``(9) Region.--The term `region' means--
``(A) any geographic area consisting of all or
parts of 2 or more contiguous States, counties,
municipalities, or other local governments that have a
combined population of at least 1,650,000 or have an
area of not less than 20,000 square miles, and that,
for purposes of an application for a covered grant, is
represented by 1 or more governments or governmental
agencies within such geographic area, and that is
established by law or by agreement of 2 or more such
governments or governmental agencies in a mutual aid
agreement; or
``(B) any other combination of contiguous local
government units (including such a combination
established by law or agreement of two or more
governments or governmental agencies in a mutual aid
agreement) that is formally certified by the Secretary
as a region for purposes of this Act with the consent
of--
``(i) the State or States in which they are
located, including a multi-State entity
established by a compact between two or more
States; and
``(ii) the incorporated municipalities,
counties, and parishes that they encompass.
``(10) Terrorism preparedness.--The term `terrorism
preparedness' means any activity designed to improve the
ability to prevent, prepare for, respond to, mitigate against,
or recover from threatened or actual terrorist attacks.
``SEC. 2002. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
``(a) Covered Grants.--This title applies to grants provided by the
Department to States, regions, or directly eligible tribes for the
primary purpose of improving the ability of first responders to
prevent, prepare for, respond to, mitigate against, or recover from
threatened or actual terrorist attacks, especially those involving
weapons of mass destruction, administered under the following:
``(1) State homeland security grant program.--The State
Homeland Security Grant Program of the Department, or any
successor to such grant program.
``(2) Urban area security initiative.--The Urban Area
Security Initiative of the Department, or any successor to such
grant program.
``(3) Law enforcement terrorism prevention program.--The
Law Enforcement Terrorism Prevention Program of the Department,
or any successor to such grant program.
``(b) Excluded Programs.--This title does not apply to or otherwise
affect the following Federal grant programs or any grant under such a
program:
``(1) Nondepartment programs.--Any Federal grant program
that is not administered by the Department.
``(2) Fire grant programs.--The fire grant programs
authorized by sections 33 and 34 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229, 2229a).
``(3) Emergency management planning and assistance account
grants.--The Emergency Management Performance Grant program and
the Urban Search and Rescue Grants program authorized by title
VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5195 et seq.); the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2000 (113 Stat. 1047
et seq.); and the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.).
``SEC. 2003. COVERED GRANT ELIGIBILITY AND CRITERIA.
``(a) Grant Eligibility.--Any State, region, or directly eligible
tribe shall be eligible to apply for a covered grant.
``(b) Grant Criteria.--The Secretary shall award covered grants to
assist States and local governments in achieving, maintaining, and
enhancing the essential capabilities for terrorism preparedness
established by the Secretary.
``(c) State Homeland Security Plans.--
``(1) Submission of plans.--The Secretary shall require
that any State applying to the Secretary for a covered grant
must submit to the Secretary a 3-year State homeland security
plan that--
``(A) describes the essential capabilities that
communities within the State should possess, or to
which they should have access, based upon the terrorism
risk factors relevant to such communities, in order to
meet the Department's goals for terrorism preparedness;
``(B) demonstrates the extent to which the State
has achieved the essential capabilities that apply to
the State;
``(C) demonstrates the needs of the State necessary
to achieve, maintain, or enhance the essential
capabilities that apply to the State;
``(D) includes a prioritization of such needs based
on threat, vulnerability, and consequence assessment
factors applicable to the State;
``(E) describes how the State intends--
``(i) to address such needs at the city,
county, regional, tribal, State, and interstate
level, including a precise description of any
regional structure the State has established
for the purpose of organizing homeland security
preparedness activities funded by covered
grants;
``(ii) to use all Federal, State, and local
resources available for the purpose of
addressing such needs; and
``(iii) to give particular emphasis to
regional planning and cooperation, including
the activities of multijurisdictional planning
agencies governed by local officials, both
within its jurisdictional borders and with
neighboring States;
``(F) with respect to the emergency preparedness of
first responders, addresses the unique aspects of
terrorism as part of a comprehensive State emergency
management plan; and
``(G) provides for coordination of response and
recovery efforts at the local level, including
procedures for effective incident command in
conformance with the National Incident Management
System.
``(2) Consultation.--The State plan submitted under
paragraph (1) shall be developed in consultation with and
subject to appropriate comment by local governments and first
responders within the State.
``(3) Approval by secretary.--The Secretary may not award
any covered grant to a State unless the Secretary has approved
the applicable State homeland security plan.
``(4) Revisions.--A State may revise the applicable State
homeland security plan approved by the Secretary under this
subsection, subject to approval of the revision by the
Secretary.
``(d) Consistency With State Plans.--The Secretary shall ensure
that each covered grant is used to supplement and support, in a
consistent and coordinated manner, the applicable State homeland
security plan or plans.
``(e) Application for Grant.--
``(1) In general.--Except as otherwise provided in this
subsection, any State, region, or directly eligible tribe may
apply for a covered grant by submitting to the Secretary an
application at such time, in such manner, and containing such
information as is required under this subsection, or as the
Secretary may reasonably require.
``(2) Deadlines for applications and awards.--All
applications for covered grants must be submitted at such time
as the Secretary may reasonably require for the fiscal year for
which they are submitted. The Secretary shall award covered
grants pursuant to all approved applications for such fiscal
year as soon as practicable, but not later than March 1 of such
year.
``(3) Availability of funds.--All funds awarded by the
Secretary under covered grants in a fiscal year shall be
available for obligation through the end of the subsequent
fiscal year.
``(4) Minimum contents of application.--The Secretary shall
require that each applicant include in its application, at a
minimum--
``(A) the purpose for which the applicant seeks
covered grant funds and the reasons why the applicant
needs the covered grant to meet the essential
capabilities for terrorism preparedness within the
State, region, or directly eligible tribe to which the
application pertains;
``(B) a description of how, by reference to the
applicable State homeland security plan or plans under
subsection (c), the allocation of grant funding
proposed in the application, including, where
applicable, the amount not passed through to local
governments, first responders, and other local groups,
would assist in fulfilling the essential capabilities
for terrorism preparedness specified in such plan or
plans;
``(C) a statement of whether a mutual aid agreement
applies to the use of all or any portion of the covered
grant funds;
``(D) if the applicant is a State, a description of
how the State plans to allocate the covered grant funds
to regions, local governments, and Indian tribes;
``(E) if the applicant is a region--
``(i) a precise geographical description of
the region and a specification of all
participating and nonparticipating local
governments within the geographical area
comprising that region;
``(ii) a specification of what governmental
entity within the region will administer the
expenditure of funds under the covered grant;
and
``(iii) a designation of a specific
individual to serve as regional liaison;
``(F) a capital budget showing how the applicant
intends to allocate and expend the covered grant funds;
``(G) if the applicant is a directly eligible
tribe, a designation of a specific individual to serve
as the tribal liaison; and
``(H) a statement of how the applicant intends to
meet the matching requirement, if any, that applies
under section 2005(g).
``(5) Regional applications.--
``(A) Relationship to state applications.--A
regional application--
``(i) shall be coordinated with an
application submitted by the State or States of
which such region is a part;
``(ii) shall supplement and avoid
duplication with such State application; and
``(iii) shall address the unique regional
aspects of such region's terrorism preparedness
needs beyond those provided for in the
application of such State or States.
``(B) State review and submission.--To ensure the
consistency required under subsection (d) and the
coordination required under subparagraph (A), an
applicant that is a region must submit its application
to each State of which any part is included in the
region for review and concurrence prior to the
submission of such application to the Secretary. The
regional application shall be transmitted to the
Secretary through each such State within 30 days of its
receipt, unless the Governor of such a State notifies
the Secretary, in writing, that such regional
application is inconsistent with the State's homeland
security plan and provides an explanation of the
reasons therefor.
``(C) Distribution of regional awards.--If the
Secretary approves a regional application, then the
Secretary shall distribute a regional award to the
State or States submitting the applicable regional
application under subparagraph (B), and each such State
shall, not later than the end of the 45-day period
beginning on the date after receiving a regional award,
pass through to the region all covered grant funds or
resources purchased with such funds, except those funds
necessary for the State to carry out its
responsibilities with respect to such regional
application: Provided, That in no such case shall the
State or States pass through to the region less than 80
percent of the regional award.
``(D) Certifications regarding distribution of
grant funds to regions.--Any State that receives a
regional award under subparagraph (C) shall certify to
the Secretary, by not later than 30 days after the
expiration of the period described in subparagraph (C)
with respect to the grant, that the State has made
available to the region the required funds and
resources in accordance with subparagraph (C).
``(E) Direct payments to regions.--If any State
fails to pass through a regional award to a region as
required by subparagraph (C) within 45 days after
receiving such award and does not request or receive an
extension of such period, the region may petition the
Secretary to receive directly the portion of the
regional award that is required to be passed through to
such region under subparagraph (C).
``(F) Regional liaisons.--A regional liaison
designated under paragraph (4)(E)(iii) shall--
``(i) coordinate with Federal, State,
local, regional, and private officials within
the region concerning terrorism preparedness;
``(ii) develop a process for receiving
input from Federal, State, local, regional, and
private sector officials within the region to
assist in the development of the regional
application and to improve the region's access
to covered grants; and
``(iii) administer, in consultation with
State, local, regional, and private officials
within the region, covered grants awarded to
the region.
``(6) Tribal applications.--
``(A) Submission to the state or states.--To ensure
the consistency required under subsection (d), an
applicant that is a directly eligible tribe must submit
its application to each State within the boundaries of
which any part of such tribe is located for direct
submission to the Department along with the application
of such State or States.
``(B) Opportunity for state comment.--Before
awarding any covered grant to a directly eligible
tribe, the Secretary shall provide an opportunity to
each State within the boundaries of which any part of
such tribe is located to comment to the Secretary on
the consistency of the tribe's application with the
State's homeland security plan. Any such comments shall
be submitted to the Secretary concurrently with the
submission of the State and tribal applications.
``(C) Final authority.--The Secretary shall have
final authority to determine the consistency of any
application of a directly eligible tribe with the
applicable State homeland security plan or plans, and
to approve any application of such tribe. The Secretary
shall notify each State within the boundaries of which
any part of such tribe is located of the approval of an
application by such tribe.
``(D) Tribal liaison.--A tribal liaison designated
under paragraph (4)(G) shall--
``(i) coordinate with Federal, State,
local, regional, and private officials
concerning terrorism preparedness;
``(ii) develop a process for receiving
input from Federal, State, local, regional, and
private sector officials to assist in the
development of the application of such tribe
and to improve the tribe's access to covered
grants; and
``(iii) administer, in consultation with
State, local, regional, and private officials,
covered grants awarded to such tribe.
``(E) Limitation on the number of direct grants.--
The Secretary may make covered grants directly to not
more than 20 directly eligible tribes per fiscal year.
``(F) Tribes not receiving direct grants.--An
Indian tribe that does not receive a grant directly
under this section is eligible to receive funds under a
covered grant from the State or States within the
boundaries of which any part of such tribe is located,
consistent with the homeland security plan of the State
as described in subsection (c). If a State fails to
pass through funds, the tribe may petition the
Secretary to receive payment in the same manner as a
local government.
``(7) Equipment standards.--If an applicant for a covered
grant proposes to upgrade or purchase, with assistance provided
under the grant, new equipment or systems that do not meet or
exceed any applicable national voluntary consensus standards,
the applicant shall include in the application an explanation
of why such equipment or systems will serve the needs of the
applicant better than equipment or systems that meet or exceed
such standards.
``SEC. 2004. RISK-BASED EVALUATION AND PRIORITIZATION.
``(a) First Responder Grants Board.--
``(1) Establishment of board.--The Secretary shall
establish a First Responder Grants Board, consisting of--
``(A) the Secretary;
``(B) the Under Secretary for Science and
Technology;
``(C) the Under Secretary for Policy;
``(D) the Director of the Federal Emergency
Management Agency;
``(E) the Assistant Secretary for United States
Immigration and Customs Enforcement;
``(F) the Chief Intelligence Officer;
``(G) the Administrator of the United States Fire
Administration;
``(H) the Department official with primary
responsibility for preparedness;
``(I) the Department official with primary
responsibility for grants; and
``(J) the Administrator of the Animal and Plant
Health Inspection Service.
``(2) Chairman.--
``(A) In general.--The Secretary shall be the
Chairman of the Board.
``(B) Exercise of authorities by deputy
secretary.--The Deputy Secretary of Homeland Security
may exercise the authorities of the Chairman, if the
Secretary so directs.
``(b) Functions of Board Members.--The Under Secretaries, Assistant
Secretaries, Administrators, and other officials referred to in
subsection (a)(1) shall seek to ensure that the relevant expertise and
input of their staff are available to and considered by the Board.
``(c) Prioritization of Grant Applications.--
``(1) Factors to be considered.--The Board shall evaluate
and annually prioritize all pending applications for covered
grants based upon--
``(A) the degree to which they would, by achieving,
maintaining, or enhancing the essential capabilities of
the applicants on a nationwide basis, lessen the threat
to, vulnerability of, and consequences for persons
(including transient commuting and tourist populations)
and critical infrastructure;
``(B) prior acts of international terrorism;
``(C) elevations in the threat alert level;
``(D) the existence of significant ports of entry;
and
``(E) the most current risk assessment available of
the threats of terrorism against the United States.
``(2) Critical infrastructure sectors.--The Board
specifically shall consider threats of terrorism against the
following critical infrastructure sectors in all areas of the
United States, urban and rural:
``(A) Agriculture and food.
``(B) Banking and finance.
``(C) Chemical industries.
``(D) The defense industrial base.
``(E) Emergency services.
``(F) Energy.
``(G) Government facilities.
``(H) Postal and shipping.
``(I) Public health and health care.
``(J) Information technology.
``(K) Telecommunications.
``(L) Transportation systems.
``(M) Water.
``(N) Dams.
``(O) Commercial facilities.
``(P) National monuments and icons.
The order in which the critical infrastructure sectors are
listed in this paragraph shall not be construed as an order of
priority for consideration of the importance of such sectors.
``(3) Types of threat.--The Board specifically shall
consider the following types of threat to the critical
infrastructure sectors described in paragraph (2), and to
populations in all areas of the United States, urban and rural:
``(A) Biological threats.
``(B) Nuclear threats.
``(C) Radiological threats.
``(D) Incendiary threats.
``(E) Chemical threats.
``(F) Explosives.
``(G) Suicide bombers.
``(H) Cyber threats.
``(I) Any other threats based on proximity to
specific past acts of terrorism or the known activity
of any terrorist group.
The order in which the types of threat are listed in this
paragraph shall not be construed as an order of priority for
consideration of the importance of such threats.
``(4) Consideration of additional factors.--The Board shall
take into account any other specific threat to a population
(including a transient commuting or tourist population) or
critical infrastructure sector that the Board has determined to
exist. In evaluating the threat to a population or critical
infrastructure sector, the Board shall give greater weight to
threats of terrorism based upon their specificity and
credibility, including any pattern of repetition.
``(5) Risk analysis and assessment.--Prior to evaluating
and prioritizing all pending applications for covered grants,
the Board shall provide an opportunity for applicants to
provide information to the Board regarding the risk profile of
the applicants' jurisdictions.''
``(6) Coordination.--The Board shall coordinate with State,
local, regional, and tribal officials in establishing criteria
for evaluating and prioritizing applications for covered
grants.
``(7) Minimum amounts.--After evaluating and prioritizing
grant applications under paragraph (1), the Board shall ensure
that, for each fiscal year--
``(A) each of the States, other than the Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands, that has an approved State homeland security
plan receives no less than 0.25 percent of the funds
available for covered grants for that fiscal year for
purposes of implementing its homeland security plan in
accordance with the prioritization of needs under
section 2003(c)(1)(D);
``(B) each of the States, other than the Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands, that has an approved State homeland security
plan and that meets one or both of the additional high-
risk qualifying criteria under paragraph (8) receives
no less than 0.45 percent of the funds available for
covered grants for that fiscal year for purposes of
implementing its homeland security plan in accordance
with the prioritization of needs under section
2003(c)(1)(D);
``(C) the Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands each receives no less than
0.08 percent of the funds available for covered grants
for that fiscal year for purposes of implementing its
approved State homeland security plan in accordance
with the prioritization of needs under section
2003(c)(1)(D); and
``(D) directly eligible tribes collectively receive
no less than 0.08 percent of the funds available for
covered grants for such fiscal year for purposes of
addressing the needs identified in the applications of
such tribes, consistent with the homeland security plan
of each State within the boundaries of which any part
of any such tribe is located, except that this clause
shall not apply with respect to funds available for a
fiscal year if the Secretary receives less than 5
applications for such fiscal year from such tribes
under section 2003(e)(6)(A) or does not approve at
least one such application.
``(8) Additional high-risk qualifying criteria.--For
purposes of paragraph (7)(B), additional high-risk qualifying
criteria consist of--
``(A) having a significant international land
border; or
``(B) adjoining a body of water within North
America through which an international boundary line
extends.
``(d) Effect of Regional Awards on State Minimum.--Any regional
award, or portion thereof, provided to a State under section
2003(e)(5)(C) shall not be considered in calculating the minimum State
award under subsection (c)(7) of this section.
``SEC. 2005. USE OF FUNDS.
``(a) In General.--A covered grant may be used for--
``(1) purchasing or upgrading equipment, including computer
software, to enhance terrorism preparedness;
``(2) exercises to strengthen terrorism preparedness;
``(3) training for prevention (including detection) of,
preparedness for, response to, or recovery from attacks
involving weapons of mass destruction, including training in
the use of equipment and computer software;
``(4) developing or updating State homeland security plans,
risk assessments, mutual aid agreements, and emergency
management plans to enhance terrorism preparedness;
``(5) establishing or enhancing mechanisms for sharing
terrorism threat information;
``(6) systems architecture and engineering, program
planning and management, strategy formulation and strategic
planning, life-cycle systems design, product and technology
evaluation, and prototype development for terrorism
preparedness purposes;
``(7) additional personnel costs resulting from--
``(A) elevations in the threat alert level of the
Homeland Security Advisory System by the Secretary, or
a similar elevation in threat alert level issued by a
State, region, or local government with the approval of
the Secretary;
``(B) travel to and participation in exercises and
training in the use of equipment and on prevention
activities; and
``(C) the temporary replacement of personnel during
any period of travel to and participation in exercises
and training in the use of equipment and on prevention
activities;
``(8) the costs of equipment (including software) required
to receive, transmit, handle, and store classified information;
``(9) the costs of commercially available interoperable
communications equipment (which, where applicable, is based on
national, voluntary consensus standards) that the Secretary, in
consultation with the Chairman of the Federal Communications
Commission, deems best suited to facilitate interoperability,
coordination, and integration between and among emergency
communications systems, and that complies with prevailing grant
guidance of the Department for interoperable communications;
``(10) educational curricula development for first
responders to ensure that they are prepared for terrorist
attacks;
``(11) training and exercises to assist public elementary
and secondary schools in developing and implementing programs
to instruct students regarding age-appropriate skills to
prevent, prepare for, respond to, mitigate against, or recover
from an act of terrorism;
``(12) paying of administrative expenses directly related
to administration of the grant, except that such expenses may
not exceed 3 percent of the amount of the grant;
``(13) paying for the conduct of any activity permitted
under the Law Enforcement Terrorism Prevention Program, or any
such successor to such program; and
``(14) other appropriate activities as determined by the
Secretary.
``(b) Prohibited Uses.--Funds provided as a covered grant may not
be used--
``(1) to supplant State or local funds;
``(2) to construct buildings or other physical facilities,
including barriers, fences, gates, and other such devices
intended for the protection of critical infrastructure against
potential attack, except those that are constructed under terms
and conditions consistent with the requirements of section
611(j)(8) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196(j)(8)), and the cost
of which does not exceed the greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the covered grant;
``(3) to acquire land; or
``(4) for any State or local government cost sharing
contribution.
``(c) Personnel Costs.--A State and local government may use a
covered grant to pay costs of personnel dedicated exclusively to
counterterrorism and intelligence activities (including detection of,
collection and analysis of intelligence relating to, investigation of,
prevention of, and interdiction of suspected terrorist activities), if
the hiring of such personnel is consistent with an applicable State
homeland security plan.''
``(d) Multiple-Purpose Funds.--Nothing in this section shall be
construed to preclude State and local governments from using covered
grant funds in a manner that also enhances first responder preparedness
for emergencies and disasters unrelated to acts of terrorism, if such
use assists such governments in achieving essential capabilities for
terrorism preparedness established by the Secretary.
``(e) Reimbursement of Costs.--(1) In addition to the activities
described in subsection (a), a covered grant may be used to provide a
reasonable stipend to paid-on-call or volunteer first responders who
are not otherwise compensated for travel to or participation in
training covered by this section. Any such reimbursement shall not be
considered compensation for purposes of rendering such a first
responder an employee under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
``(2) An applicant for a covered grant may petition the Secretary
for the reimbursement of the cost of any activity relating to
prevention (including detection) of, preparedness for, response to, or
recovery from 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 (or both) under agreement with a Federal agency.
``(f) Assistance Requirement.--The Secretary may not require that
equipment paid for, wholly or in part, with funds provided as a covered
grant be made available for responding to emergencies in surrounding
States, regions, and localities, unless the Secretary undertakes to pay
the costs directly attributable to transporting and operating such
equipment during such response.
``(g) Cost Sharing.--
``(1) In general.--The Federal share of the costs of an
activity carried out with a covered grant to a State, region,
or directly eligible tribe awarded after the 2-year period
beginning on the date of the enactment of this section shall
not exceed 75 percent.
``(2) Interim rule.--The Federal share of the costs of an
activity carried out with a covered grant awarded before the
end of the 2-year period beginning on the date of the enactment
of this section shall be 100 percent.
``(3) In-kind matching.--Each recipient of a covered grant
may meet the matching requirement under subparagraph (A) by
making in-kind contributions of goods or services that are
directly linked with the purpose for which the grant is made,
as determined by the Secretary, including any necessary
personnel overtime, contractor services, administrative costs,
equipment fuel and maintenance, and rental space''.
(b) Definition of Emergency Response Providers.--Paragraph (6) of
section 2 of the Homeland Security Act of 2002 (Public Law 107-296; 6
U.S.C. 101(6)) is amended by striking ``includes'' and all that follows
and inserting ``includes Federal, State, and local governmental and
nongovernmental emergency public safety, law enforcement, fire,
emergency response, emergency medical (including hospital emergency
facilities), and related personnel, organizations, agencies, and
authorities.''.
(c) Superseded Provision.--This section supersedes section
1014(c)(3) of Public Law 107-56.
SEC. 802. AUTHORIZATION OF APPROPRIATIONS.
Of the amount authorized to be appropriated under section 101 for
fiscal year 2007, $2,900,000,000 is for making covered grants (as that
term is defined in section 2001 of the Homeland Security Act of 2002,
as added by section 801 for that fiscal year.
TITLE IX--TRANSPORTATION SECURITY
Subtitle A--Rail and Public Transportation Security
SEC. 901. TRANSPORTATION SECURITY.
(a) In General.--Title IV of the Homeland Security Act of 2002 (6
U.S.C. 201 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle G--Transportation Security
``SEC. 481. RAIL AND PUBLIC TRANSPORTATION VULNERABILITY ASSESSMENTS
AND SECURITY PLANS.
``(a) In General.--
``(1) Requirement.--Not later than 1 year after the date of
enactment of this subtitle, the Secretary, acting through the
Transportation Security Administration, shall promulgate
regulations that--
``(A) establish standards, protocols, and
procedures for vulnerability assessments and security
plans for rail and public transportation systems;
``(B) require a designated rail or public
transportation system owner or operator (as designated
under subsection (b)) to--
``(i) conduct an assessment of the
vulnerability of the rail or public
transportation system to an act of terrorism;
and
``(ii) prepare and implement a security
plan that addresses the vulnerabilities
identified in the vulnerability assessment; and
``(C) set deadlines of no later than 2 years after
the promulgation of the regulations for the completion
of vulnerability assessments and security plans.
``(2) Consultation.--In promulgating the regulations under
paragraph (1) the Secretary shall consult with the Department
of Transportation and other appropriate Federal agencies.
``(b) Designated Rail or Public Transportation System.--For the
purposes of this subtitle, the term `designated rail or public
transportation system' means--
``(1) a heavy rail, light rail, commuter rail, or other
freight or passenger rail system, including Federal and
government sponsored entities;
``(2) a ferry system; or
``(3) an intracity or intercity bus system.
``(c) Vulnerability Assessments.--
``(1) Requirements.--For a rail or public transportation
system designated under subsection (b), the Secretary shall
provide assistance and guidance in conducting vulnerability
assessments and shall require that the vulnerability
assessments include at a minimum--
``(A) identification and evaluation of critical
infrastructure and assets, including subway platforms,
rail, bus, and ferry terminals, rail tunnels, rail
bridges, rail switching and storage areas, and
information systems; and
``(B) identification of vulnerabilities to the
infrastructure and assets identified under subparagraph
(A) in--
``(i) physical security;
``(ii) passenger and commuter security;
``(iii) programmable electronic devices,
computers, computer or communications networks,
or other automated systems which are used by
the rail or public transportation system;
``(iv) alarms, cameras and other protection
systems;
``(v) communications systems;
``(vi) utilities;
``(vii) contingency response; and
``(viii) other areas as determined by the
Secretary.
``(2) Threat information.--
``(A) The vulnerability assessments under paragraph
(1) shall incorporate any threat information as
provided by the Secretary, and any other threat
information relevant to the vulnerability of the rail
or public transportation system.
``(B) The Secretary shall provide in a timely
manner, to the maximum extent practicable under
applicable authority and in the interests of national
security, to the rail or public transportation system
subject to the requirements in paragraph (1), threat
information that is relevant to that rail or public
transportation system, including an assessment of the
most likely method that could be used by terrorists to
exploit vulnerabilities, and their likelihood of
success.
``(d) Security Plans.--
``(1) Requirements.--For a rail or public transportation
system designated under subsection (b), the Secretary shall
provide assistance and guidance in preparing and implementing
security plans and shall require that the security plan include
at a minimum--
``(A) security measures to address the
vulnerabilities identified in the vulnerability
assessment required under subsection (c);
``(B) plans for periodic drills and exercises that
include participation by local law enforcement agencies
and first responders as appropriate;
``(C) equipment, plans, and procedures to be
implemented or used by the rail or public
transportation system in response to a terrorist
attack, including evacuation and passenger
communication plans;
``(D) identification of steps taken with State and
local law enforcement agencies, first responders, and
Federal officials to coordinate security measures and
plans for response to a terrorist attack;
``(E) a description of training and exercises for
employees of a rail or public transportation system,
which includes, as appropriate, a strategy or timeline
for training;
``(F) enhanced security measures to be taken when
the Secretary declares a period of heightened security
risk; and
``(G) other actions or procedures the Secretary
determines are appropriate to address the vulnerability
of a rail or public transportation system to a
terrorist attack.
``(2) Consistency with other plans.--Security plans shall
be consistent with the requirements of the National
Infrastructure Protection Plan (including any Transportation
Sector Specific Plan) and the National Strategy for
Transportation Security.
``(e) Existing Procedures, Protocols, and Standards.--
``(1) Determination.--In response to a petition by a
person, or at the discretion of the Secretary, the Secretary
may endorse or recognize existing procedures, protocols, and
standards that the Secretary determines to meet all or part of
the requirements of this subtitle regarding vulnerability
assessments and security plans.
``(2) Requirements.--Upon review and written determination
by the Secretary that existing procedures, protocols, or
standards for a rail or public transportation system satisfy
some or all of the requirements of this subtitle, any rail or
public transportation system may elect to comply with those
procedures, protocols, or standards.
``(3) Partial approval.--If the Secretary finds that the
existing procedures, protocols, and standards satisfy only part
of the requirements of this subtitle, he may accept those
submissions, but shall require submission of any additional
information relevant to vulnerability assessments and security
plans to ensure that the requirements of this subtitle are
fulfilled.
``(4) Notification.--If the Secretary does not endorse or
recognize particular procedures, protocols, and standards, the
Secretary shall provide to each person that submitted a
petition under paragraph (1) a written notification that
includes an explanation of the reasons why the endorsement or
recognition was not made.
``(f) Co-Located Facilities.--The Secretary shall permit the
development and implementation of coordinated vulnerability assessments
and security plans, at the discretion of a rail or public
transportation system owner or operator, to the extent two or more rail
or public transportation systems have shared facilities, such as
tunnels, bridges, or stations, or facilities that are geographically
close or otherwise co-located.
``(g) Enforcement.--Regulations promulgated under this section may
be enforced by the Secretary through penalties authorized under section
114(u) of title 49, United States Code.
``SEC. 482. NATIONAL RAIL AND PUBLIC TRANSPORTATION SECURITY PLAN.
``(a) In General.--The Secretary shall develop and implement, and
update as appropriate, a supplement to the National Strategy for
Transportation Security required under section 114(t) of title 49,
United States Code to be entitled the `National Rail and Public
Transportation Security Plan'.
``(b) Included Elements.--The supplement required under subsection
(a) shall--
``(1) include a description of the roles, responsibilities,
and authorities of Federal, State, and local agencies,
designated Federal and government sponsored entities, tribal
governments, and appropriate rail and public transportation
stakeholders, including nonprofit employee organizations that
represent rail and public transportation system employees;
``(2) identify and address gaps and unnecessary overlaps in
the roles, responsibilities, or authorities described in
paragraph (1);
``(3) identify and make recommendations regarding
legislative, regulatory, and organizational changes necessary
to improve coordination among the entities described in
paragraph (1) to enhance the security of rail and public
transportation systems;
``(4) provide measurable goals, including objectives,
mechanisms and a schedule, for enhancing the security of rail
and public transportation systems;
``(5) include a process for sharing intelligence and
information with the entities described in paragraph (1);
``(6) include a process for expediting security clearances
to facilitate intelligence and information sharing with the
entities described in paragraph (1);
``(7) describe current and future public outreach and
educational initiatives designed to inform the public how to
prevent, prepare for and respond to a terrorist attack on rail
and public transportation systems;
``(8) include a framework for resuming the operation of
rail and public transportation systems as soon as possible in
the event of an act of terrorism;
``(9) include a strategy and timeline for the Department
and other appropriate Federal agencies to research and develop
new technologies, including advanced technologies with long
term research and development timelines for securing rail and
public transportation systems;
``(10) build on available resources and consider costs and
benefits;
``(11) describe how the Department has reviewed the
previous attacks on rail and public transportation systems
throughout the world in the last 10 years, the lessons learned
from this review, and how these lessons inform current and
future efforts to secure rail and public transportation
systems; and
``(12) expand upon, leverage, and relate to existing
strategies and plans, including the National Infrastructure
Protection Plan required by Homeland Security Presidential
Directive-7.
``SEC. 483. RAIL AND PUBLIC TRANSPORTATION STRATEGIC INFORMATION
SHARING PLAN.
``(a) In General.--The Secretary, in consultation with the
Secretary of Transportation, shall develop and submit to the
appropriate congressional committees no later than 90 days after the
enactment of this subtitle a Rail and Public Transportation Strategic
Information Sharing Plan to ensure the robust development of both
tactical and strategic intelligence products pertaining to the threats
and vulnerabilities to rail and public transportation systems for
dissemination to Federal, State, and local agencies; tribal
governments; and appropriate rail and public transportation
stakeholders.
``(b) Content of Plan.--The plan required under subsection (a)
shall include--
``(1) a description of how intelligence analysts in the
Transportation Security Administration are coordinating with
other intelligence analysts in the Department and other
Federal, State, and local agencies;
``(2) deadlines for the completion of any organizational
changes within the Department to accommodate implementation of
the plan; and
``(3) a description of resource needs for fulfilling the
plan.
``(c) Updates.--
``(1) After the plan is provided under subsection (a), the
Secretary shall certify to the appropriate congressional
committees when the plan has been fully implemented.
``(2) After the Secretary provides the certification under
paragraph (1), the Secretary shall provide a report to the
appropriate congressional committees each year thereafter on
the following:
``(A) The number and brief description of each rail
and public transportation intelligence report created
and disseminated under the plan.
``(B) The classification of each report as tactical
or strategic.
``(C) The numbers of different government, law
enforcement, and private sector partners who were
provided with each intelligence product.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting at the end of the items relating to
title IV the following:
``Subtitle G--Transportation Security
``Sec. 481. Rail and public transportation vulnerability assessments
and security plans.
``Sec. 482. National rail and public transportation security plan.
``Sec. 483. Rail and public transportation strategic information
sharing plan.''.
SEC. 902. RULEMAKING REQUIREMENTS.
(a) Interim Final Rule Authority.--The Secretary of Homeland
Security shall issue an interim final rule as a temporary regulation
implementing section 481 of the Homeland Security Act of 2002, as added
by section 901 of this title, as soon as practicable after the date of
enactment of this Act, without regard to the provisions of chapter 5 of
title 5, United States Code. All regulations prescribed under the
authority of this subsection that are not earlier superseded by final
regulations shall expire not later than 1 year after the date of
enactment of this Act.
(b) Initiation of Rulemaking.--The Secretary of Homeland Security
may initiate a rulemaking to implement section 481 of the Homeland
Security Act of 2002, as added by section 901 of this title, as soon as
practicable after the date of enactment of this Act. The final rule
issued pursuant to that rulemaking may supersede the interim final rule
promulgated under this section.
SEC. 903. RAIL AND PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.
(a) Amendment.--Subtitle A of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 361) is amended by adding at the end the
following new section:
``SEC. 802. RAIL AND PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.
``(a) In General.--The Secretary, acting through the appropriate
Department official with primary responsibility for training programs,
and in coordination with the Transportation Security Administration,
shall develop and issue detailed guidance for a rail and public
transportation worker security training program for the purpose of
enhancing the capabilities of rail and public transportation workers,
including front-line transit employees such as bus and rail operators,
mechanics, customer service employees, maintenance employees, transit
police, emergency response providers, and security personnel, to
prevent, prepare for, respond to, mitigate against, and recover from
threatened or actual acts of terrorism.
``(b) Program Elements.--The guidance developed under subsection
(a) shall provide a program that--
``(1) includes, at a minimum, elements that address--
``(A) determination of the seriousness of any
occurrence;
``(B) crew and passenger communication and
coordination;
``(C) recognition of suspicious behavior or actions
and appropriate response;
``(D) use of protective devices;
``(E) evacuation procedures (including passengers,
workers, and those with disabilities);
``(F) training exercises regarding various threat
conditions, including tunnel evacuation procedures; and
``(G) any other subject the Secretary considers
appropriate;
``(2) is consistent with, and supports implementation of,
the National Incident Management System, the National Response
Plan, the National Infrastructure Protection Plan, the National
Preparedness Guidance, the National Preparedness Goals, and
other national initiatives;
``(3) considers existing training programs including
Federal or industry programs; and
``(4) is evaluated against clear and consistent performance
measures.
``(c) National Voluntary Consensus Standards.--The Secretary
shall--
``(1) support the development, promulgation, and regular
updating as necessary of national voluntary consensus standards
for rail and public transportation security training; and
``(2) ensure that the training provided under this section
is consistent with such standards.
``(d) Training Partners.--In developing and delivering training
under the program under this section, the Secretary shall--
``(1) work with government training facilities, academic
institutions, industry and private organizations, employee
organizations, and other relevant entities that provide
specialized, state-of-the-art training; and
``(2) utilize, as appropriate, training provided by
industry, public safety academies, State and private colleges
and universities, and other facilities.
``(e) Updates.--The Secretary shall regularly update the training
guidance issued under subsection (a) to reflect new or different
security threats.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (116 Stat. 2135) is amended by
inserting after the item relating to section 801 the following:
``Sec. 802. Rail and public transportation security training
program.''.
SEC. 904. INTERAGENCY COOPERATION.
The Secretary of Homeland Security shall consider whether in
fulfilling the requirements of this title, in order to promote
communications, efficiency, and nonduplication of effort, memoranda of
agreement should be updated or executed with other Federal agencies,
including the Department of Transportation, or between entities of the
Department and other Federal entities, including between the
Transportation Security Administration and the Federal Transit
Administration, the Pipeline and Hazardous Materials Safety
Administration, and the Federal Railroad Administration.
SEC. 905. RAIL AND PUBLIC TRANSPORTATION SECURITY GRANT PROGRAM.
(a) Amendment.--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 new
section:
``SEC. 513. RAIL AND PUBLIC TRANSPORTATION SECURITY GRANT PROGRAM.
``(a) Grants Authorized.--The Secretary, acting through the
Department official with primary responsibility for grants and
training, shall establish a grant program to allocate Federal homeland
security assistance administered by the Department to United States
rail and public transportation systems designated under section 481 on
the basis of risk and need.
``(b) Prioritization Process.--In awarding grants under this
section, the Secretary shall conduct an assessment of United States
rail and public transportation systems to develop a prioritization for
awarding grants authorized under subsection (a) based upon--
``(1) the most current risk assessment available from the
Department, incorporating threat, vulnerability, and
consequence analysis;
``(2) the national economic and strategic defense
considerations of individual rail and public transportation
systems; and
``(3) any other factors that the Secretary determines to be
appropriate.
``(c) Application.--
``(1) In general.--Any rail or public transportation
security system subject to the requirements of section 481 may
submit an application for a grant under this section, at such
time, in such form, and containing such information and
assurances as the Secretary may require.
``(2) Minimum standards for payment or reimbursement.--Each
application submitted under paragraph (1) shall include--
``(A) a comprehensive description of--
``(i) the purpose of the project for which
the applicant seeks a grant under this section
and why the applicant needs the grant;
``(ii) the applicability of the project to
the security plan prepared under section 481
and other homeland security plans;
``(iii) any existing cooperation or mutual
aid agreements with other rail or public
transportation systems, organizations, or
State, and local governments as such agreements
relate to rail and public transportation
security; and
``(iv) a capital budget showing how the
applicant intends to allocate and expend the
grant funds; and
``(B) a determination by the Transportation
Security Administration that the project--
``(i) addresses or corrects rail and public
transportation security vulnerabilities; and
``(ii) helps to ensure compliance with the
security plan prepared under section 481.
``(3) Procedural safeguards.--The Secretary, in
consultation with the Office of the Inspector General and the
Department official with primary responsibility for grants and
training, shall issue guidelines to establish appropriate
accounting, reporting, and review procedures to ensure that--
``(A) grant funds are used for the purposes for
which they were made available;
``(B) grantees have properly accounted for all
expenditures of grant funds; and
``(C) grant funds not used for such purposes and
amounts not obligated or expended are returned.
``(d) Use of Funds.--Grants awarded under this section may be
used--
``(1) to help implement security plans prepared under
section 481;
``(2) to remedy rail and public transportation security
vulnerabilities identified through vulnerability assessments
approved by the Secretary;
``(3) for non-Federal projects contributing to the overall
security of a rail or public transportation security system, as
determined by the Secretary;
``(4) for the salaries, benefits, overtime compensation,
and other costs of additional security personnel for State and
local agencies for activities required by the security plan
prepared under section 481;
``(5) for the cost of acquisition, operation, and
maintenance of equipment that contributes to the overall
security of the rail and public transportation security system,
if the need is based upon vulnerability assessments approved by
the Secretary or identified in a security plan prepared under
section 481;
``(6) to conduct vulnerability assessments approved by the
Secretary;
``(7) to purchase or upgrade equipment, including
communications equipment that is interoperable with Federal,
State, and local agencies and tribal governments; and computer
software, to enhance terrorism preparedness;
``(8) to conduct exercises or training for prevention and
detection of, preparedness for, response to, or recovery from
acts of terrorism;
``(9) to establish or enhance mechanisms for sharing
terrorism threat information and to ensure that the mechanisms
are interoperable with Federal, State, and local agencies and
tribal governments;
``(10) for the cost of equipment (including software)
required to receive, transmit, handle, and store classified
information; and
``(11) for the protection of critical infrastructure
against potential attack by the addition of barriers, fences,
gates, and other such devices, except that the cost of such
measures may not exceed the greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the grant.
``(e) Reimbursement of Costs.--An applicant for a grant under this
section may petition the Secretary for the reimbursement of the cost of
any activity relating to prevention (including detection) of,
preparedness for, response to, or recovery from 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 (or both) under
agreement with a Federal agency.
``(f) Prohibited Uses.--Grants awarded under this section may not
be used to--
``(1) supplant State or local funds for activities of the
type described in subsection (d);
``(2) to construct buildings or other physical facilities,
including barriers, fences, gates, and other such devices
intended for the protection of critical infrastructure against
potential attack, except those that are constructed under terms
and conditions consistent with the requirements of section
611(j)(8) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196(j)(8)), and the cost
of which does not exceed the greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the covered grant;
``(3) acquire land; or
``(4) make any State or local government cost-sharing
contribution.
``(g) Matching Requirement.--
``(1) In general.--Except as provided in subparagraph (A)
or (B) of paragraph (2), Federal funds for any eligible project
under this section shall not exceed 75 percent of the total
cost of such project.
``(2) Exceptions.--
``(A) Small projects.--The requirement of paragraph
(1) shall not apply with respect to a project with a
total cost of not more than $25,000.
``(B) Higher level of federal support required.--
The requirement of paragraph (1) shall not apply with
respect to a project if the Secretary determines that
the project merits support and cannot be undertaken
without a higher rate of Federal support than the rate
described in paragraph (1).
``(3) In-kind contributions.--Each recipient of a grant
under this section may meet the requirement of paragraph (1) by
making in-kind contributions of goods or services that are
directly linked with the purpose for which the grant is made,
as determined by the Secretary, including any necessary
personnel expenses, contractor services, administrative costs,
equipment, fuel, or maintenance, and rental space.
``(h) Multiple Phase Projects.--
``(1) In general.--The Secretary may award grants under
this section for projects that span multiple years.
``(2) Funding limitation.--Not more than 20 percent of the
total grant funds awarded under this section in any fiscal year
may be awarded for projects that span multiple years.
``(i) Consistency With Plans.--The Secretary shall ensure that each
grant awarded under this section--
``(1) is used to supplement and support, in a consistent
and coordinated manner, the applicable security plan; and
``(2) is consistent and coordinated with any applicable
State or Urban Area Homeland Security Plan.
``(j) Coordination and Cooperation.--The Secretary shall ensure
that all projects that receive grant funding under this section within
any area defined in an Urban Area Homeland Security Plan are
coordinated with other projects in such area.
``(k) Review and Audits.--The Secretary shall require all grantees
under this section to maintain such records as the Secretary may
require and make such records available for review and audit by the
Secretary, the Comptroller General of the United States, or the
Inspector General of the Department.
``(l) Quarterly Reports Required as a Condition of Homeland
Security Grants.--
``(1) Expenditure reports required.--As a condition of
receiving a grant under this section, the Secretary shall
require the grant recipient to submit quarterly reports to the
Secretary that describe each expenditure made by the recipient
using grant funds.
``(2) Deadline for reports.--Each report required under
paragraph (1) shall be submitted not later than 30 days after
the last day of a fiscal quarter and shall describe
expenditures made during that fiscal quarter.
``(3) Publication of expenditures.--
``(A) In general.--Not later than 1 week after
receiving a report under this subsection, the Secretary
shall publish and make publicly available on the
Internet website of the Department a description of
each expenditure described in the report.
``(B) Waiver.--The Secretary may waive the
requirement of subparagraph (A) if the Secretary
determines that it is in the national security
interests of the United States to do so.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (116 Stat. 2135) is amended by adding
at the end of the items relating to title V the following:
``Sec. 513. Rail and public transportation security grant program.''.
SEC. 906. RAIL AND PUBLIC TRANSPORTATION SECURITY EXERCISE PROGRAM.
(a) Subtitle A of title VIII of the Homeland Security Act of 2002
(6 U.S.C. 361) is amended by adding at the end the following new
section:
``SEC. 803. RAIL AND PUBLIC TRANSPORTATION SECURITY EXERCISE PROGRAM.
``(a) In General.--The Secretary, acting through the Department
official with primary responsibility for grants and training, shall
establish a Rail and Public Transportation Security Exercise Program
(hereinafter in this section referred to as the `Program') for the
purpose of testing and evaluating the capabilities of Federal, State,
and local agencies and tribal governments, rail and public
transportation system employees and management, governmental and
nongovernmental emergency response providers, the private sector, or
any other organization or entity, as the Secretary determines to be
appropriate, to prevent, prepare for, mitigate against, respond to, and
recover from acts of terrorism, natural disasters, and other
emergencies at rail and public transportation systems.
``(b) Requirements.--The Secretary, acting through the Department
official with primary responsibility for grants and training, and in
coordination with the Assistant Secretary of Homeland Security
(Transportation Security Administration), shall ensure that the
Program--
``(1) consolidates all existing rail and public
transportation system security exercise programs administered
by the Department;
``(2) conducts, on a periodic basis, exercises at rail and
public transportation systems that are--
``(A) scaled and tailored to the needs of each rail
and public transportation system;
``(B) live in the case of the most at-risk rail and
public transportation systems;
``(C) as realistic as practicable and based on
current risk assessments, including credible threats,
vulnerabilities, and consequences;
``(D) 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;
``(E) evaluated against clear and consistent
performance measures;
``(F) assessed to learn best practices, which shall
be shared with appropriate Federal, State, local and
tribal officials, rail and public transportation system
employees and management; governmental and
nongovernmental emergency response providers, and the
private sector; and
``(G) followed by remedial action in response to
lessons learned; and
``(3) assists State and local governments and rail and
public transportation systems in designing, implementing, and
evaluating exercises that--
``(A) conform to the requirements of paragraph (2);
and
``(B) are consistent with any applicable State or
Urban Area Homeland Security Plan.
``(c) Remedial Action Management System.--The Secretary, acting
through the Department official with primary responsibility for grants
and training, shall establish a Remedial Action Management System to--
``(1) identify and analyze each rail and public
transportation system exercise for lessons learned and best
practices;
``(2) disseminate lessons learned and best practices to
participants in the Program;
``(3) monitor the implementation of lessons learned and
best practices by participants in the Program; and
``(4) conduct remedial action tracking and long-term trend
analysis.
``(d) Grant Program Factor.--In evaluating and prioritizing
applications for Federal financial assistance under section 513, the
Secretary shall give additional consideration to those applicants that
have conducted rail and public transportation security exercises under
this section.
``(e) Consultation.--The Secretary shall ensure that, in carrying
out the Program, the Department official with primary responsibility
for grants and training shall consult with--
``(1) a geographic and substantive cross section of
governmental and nongovernmental emergency response providers;
and
``(2) rail and public transportation system personnel and
management.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (116 Stat. 2135) is amended by
inserting after the item relating to section 802 the following:
``Sec. 803. Rail and public transportation security exercise
program.''.
SEC. 907. AUTHORIZATION OF APPROPRIATIONS.
Of the amount authorized under section 101, there is authorized to
be appropriated for fiscal year 2007 for grants and assistance to
improve mass transit security, $400,000,000.
Subtitle B--Transportation Security Operations Enhancements
SEC. 911. AVIATION SECURITY FUNDING.
Section 48301 of title 49, United States Code, is amended to read
as follows:
``Sec. 48301. Aviation security funding
``There are authorized to be appropriated for fiscal years 2006,
2007, 2008, 2009, and 2010 such sums as may be necessary to carry out
chapter 449 and related aviation security activities under this
title.''.
SEC. 912. RESEARCH AND DEVELOPMENT OF TRANSPORTATION SECURITY
TECHNOLOGY.
Section 137 of the Aviation and Transportation Security Act (49
U.S.C. 44912 note; 115 Stat. 637) is amended--
(1) in the first sentence of subsection (a) by striking
``2002 through 2006'' and inserting ``2006 through 2010'';
(2) in the first sentence of subsection (a) by striking
``aviation'' and inserting ``transportation'';
(3) by striking in the second sentence of subsection (a)
``2002 and 2003'' and inserting ``2006 through 2010'';
(4) by striking in the first sentence of subsection (a)(4)
``aircraft'' and inserting ``transportation vehicles'';
(5) in subsection (a)(5)--
(A) by striking ``airport'' and inserting
``transportation''; and
(B) by inserting after ``airports'' the following:
``and other transportation terminals and ports'';
(6) in subsection (a)(6) by striking ``airport'' and
inserting ``transportation'';
(7) in subsection (a)(7)--
(A) by striking ``evaluation of aircraft'' and
inserting ``evaluation of conveyance''; and
(B) by striking ``vulnerability of aircraft'' and
inserting ``vulnerability of conveyances''; and
(8) in the first sentence of subsection (b) by striking
``Transportation Security Administration'' and inserting
``Department of Homeland Security''.
SEC. 913. ENFORCEMENT AUTHORITY IN NONAVIATION TRANSPORTATION.
(a) Section 114 of title 49, United States Code, is amended by
adding at the end the following:
``(u) Civil Penalties and Enforcement of Regulations and Orders of
the Secretary of Homeland Security Under This Title Other Than Chapter
449.--
``(1) Application.--This subsection applies to the
enforcement of regulations prescribed, and orders issued, by
the Secretary of Homeland Security under this title (other than
chapter 449). Penalties for violation 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.
``(2) General penalty.--(A) 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) A separate violation occurs under this paragraph for
each day the violation continues.
``(3) Administrative imposition of civil penalties.--(A)
The Secretary of Homeland Security may impose a civil penalty
for a violation of a regulation prescribed, or order issued,
under an applicable provision of this title. The Secretary
shall give written notice of the finding of a violation and the
penalty.
``(B) In a civil action to collect a civil penalty imposed
by the Secretary under this paragraph, the issues of liability
and the amount of the penalty may not be reexamined.
``(C) Notwithstanding subparagraph (a) of this paragraph,
the district courts of the United States have exclusive
jurisdiction of a civil action involving a penalty that the
secretary initiates 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) The maximum penalty the Secretary may impose under
this paragraph is--
``(i) $400,000 if the violation was committed by a
person other than an individual or small business
concern; or
``(ii) $50,000 if the violation was committed by an
individual or small business concern.
``(4) Compromise and setoff.--(A) The Secretary may
compromise the amount of a civil penalty imposed under this
subsection.
``(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.--The provisions set
forth in chapter 461 of this title shall be applicable to
investigations and proceedings brought under this subsection to
the same extent that they are applicable to investigations and
proceedings brought with respect to aviation security duties
designated to be carried out by the Secretary.
``(6) Nonapplication.--Paragraphs (1) through (4) of this
subsection do not apply to the following persons, who shall be
subject to penalties as determined by the Secretary of Defense
or the designee of the Secretary of Defense:
``(A) The transportation of personnel or shipments
of materials by contractors where the Department of
Defense has assumed control and responsibility.
``(B) A member of the armed forces of the United
States when performing official duties.
``(C) A civilian employee of the Department of
Defense when performing official duties.
``(7) Limitation.--For purposes of this subsection, the
term `person' does not include an employee of the United States
Postal Service when performing official duties.
``(8) Small business concern defined.--For purposes of this
subsection, the term `small business concern' has the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 632).''.
(b) 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. 914. LIABILITY FOR SECURITY SCREENING INSPECTIONS.
Section 44901 of title 49, United States Code, is amended by adding
at the end the following:
``(i) Liability for Security Screening Inspections.--
``(1) Limitation for good faith inspections.--No officer or
employee of the United States inspecting any person or property
pursuant to section 44901 or 44903 shall be held liable for any
civil damages as a result of such inspection if the officer or
employee performed the inspection in good faith.
``(2) Limitation on statutory construction.--Nothing in
this subsection shall be construed to impair any defense
otherwise available to an officer or employee described in
paragraph (1) under statute or common law, including any
defense of absolute or qualified immunity.
``(3) Exclusive remedy.--The exclusive remedy against the
United States or its officers or employees for any damages
arising from the loss, damage, detention, or negligent handling
of property subject to security screening operations under
section 44901 or 44903 shall be a claim pursuant to section
3723 of title 31, except that the maximum amount for which such
a claim may be settled under section 3723(a) of title 31 shall
be the same as the level established under section 254.4 of
title 14, Code of Federal Regulations.''.
SEC. 915. TEMPORARY PRIVATE SCREENER ASSISTANCE.
Section 44920 of title 49, United States Code, is amended adding at
the end the following:
``(h) Emergency Supplemental Screening.--The Secretary of Homeland
Security may establish a program under which the screening of
passengers and property at an airport under section 44901 may be
supplemented for periods of limited duration in case of emergencies,
such as natural disasters, terrorist acts, or threats to national
security, by the screening personnel of a qualified private screening
company in accordance with subsections (c) and (d) under a contract
entered into with the Secretary.''.
SEC. 916. RECURRENT TRAINING TO OPERATE CERTAIN AIRCRAFT.
Section 44939 of title 49, United States Code, is amended--
(1) in subsection (f), by inserting ``and (g)'' after
``subsections (a) through (d)''; and
(2) in subsection (g)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following:
``(2) Recurrent training.--The Secretary may assess a fee
for a threat assessment to determine that an alien as defined
in this section, or any other individual specified by the
Secretary, applying for recurrent training in the operation of
any aircraft having a maximum certificated takeoff weight of
more than 12,500 pounds is properly identified and has not
since the time of any prior threat assessment conducted
pursuant to this section become a present risk to aviation or
national security. If the Secretary determines that such
individual is a present risk to aviation or national security
the Secretary shall immediately notify the person providing the
training of the determination and that person shall not provide
the training or if such training has commenced that person
shall immediately terminate the training. Such fee shall not
exceed the amount assessed under paragraph (1) and shall be
promulgated by notice in the Federal Register.''.
SEC. 917. ANNUAL REPORT ON UNCLAIMED MONEY RECOVERED.
The Secretary of Homeland Security shall ensure that the Department
of Homeland Security maintains an accounting of monies retained under
section 44945 of title 49, United States Code.
Subtitle C--Passenger Screening
SEC. 921. PASSENGER IDENTIFICATION DOCUMENTS.
(a) In General.--Title IV of the Homeland Security Act of 2002 (6
U.S.C. 201 et seq.) is amended by inserting after section 483 (as added
by section 901(a) of this Act) the following:
``SEC. 484. PASSENGER IDENTIFICATION DOCUMENTS.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall issue regulations to
require a passenger to present an acceptable personal identification
document for inspection before entering a sterile area of an airport in
the United States. Such inspections shall be carried out by personnel
designated by the Assistant Secretary.
``(b) Acceptable Personal Identification Documents.--
``(1) In general.--In carrying out subsection (a), the
Assistant Secretary shall establish a list of acceptable
personal identification documents.
``(2) Minimum requirements.--The Assistant Secretary may
include a personal identification document on the list to be
established under paragraph (1) only if the document is issued
under the authority of the United States Government, a State,
or a foreign government and includes each of the following:
``(A) The individual's full legal name.
``(B) The individual's date of birth.
``(C) The individual's gender.
``(D) A photograph of the individual.
``(E) The individual's signature.
``(F) Physical security features designed to
prevent tampering, counterfeiting, and duplication of
the document for fraudulent purposes.
``(3) Drivers' licenses and personal identification
cards.--The Assistant Secretary shall include on the list to be
established under paragraph (1) drivers' licenses and personal
identification cards that meet the requirements of section 202
of the Real ID Act of 2005 (49 U.S.C. 30301 note).
``(c) Procedures and Standards.--In carrying out subsection (a),
the Assistant Secretary shall establish--
``(1) procedures to match the name on a personal
identification document with the name on an airline boarding
document;
``(2) procedures to match the photograph on a personal
identification document with the passenger presenting the
document; and
``(3) standards for training personnel who check personal
identification documents to recognize unacceptable and false
identification documents.
``(d) Failure to Present Acceptable Identification Documents.--A
passenger attempting to enter a sterile area of an airport in the
United States who does not present an acceptable identification
document shall be subject to such additional security screening as the
Assistant Secretary determines to be appropriate before the passenger
may be admitted to the sterile area.
``(e) Knowing Presentation of False Identification Documents;
Penalties.--A passenger who knowingly presents a false identification
document in an attempt to enter a sterile area of an airport in the
United States shall be fined under title 18, United States Code,
imprisoned for not more than 5 years, or both.
``(f) Definitions.--In this section, the following definitions
apply:
``(1) False.--The term `false' has the meaning given such
term by section 1028(d) of title 18, United States Code.
``(2) Passenger.--The term `passenger' means an individual
to be carried aboard a passenger aircraft to be operated by an
air carrier or foreign air carrier in air transportation or
intrastate air transportation (as such terms are defined in
section 40102 of title 49, United States Code).
``(3) Sterile area.--The term `sterile area' means any part
of an airport that is regularly accessible to passengers after
having cleared a passenger security checkpoint.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to
subtitle G of title IV (as added by section 901(b)) the following:
``Sec. 484. Passenger identification documents.''.
SEC. 922. INTERNATIONAL PASSENGER PRESCREENING.
Before issuing final regulations to amend the rules for
transmitting international passenger data to Customs and Border
Protection, the Secretary of Homeland Security shall conduct a pilot
program to evaluate the use of automated systems for the immediate
prescreening of passengers on flights in foreign air transportation,
and shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the following:
(1) An assessment of the technical performance of the
tested systems, including the system's accuracy, scalability,
and effectiveness with respect to measurable factors,
including, at a minimum, passenger throughput, the rate of
flight diversions, and the rate of false negatives and
positives.
(2) A description of the provisions of the tested systems
to protect the civil liberties and privacy rights of
passengers, as well as a description of the adequacy of an
immediate redress or appeals process for passengers denied
authorization to travel.
(3) Cost projections for implementation of the tested
systems, including--
(A) projected costs to the Department of Homeland
Security; and
(B) projected costs of compliance to air carriers
operating flights described in subsection (a).
(4) If multiple systems are tested, a determination as to
which tested system is the best-performing and most efficient
system to ensure immediate prescreening of international
passengers. Such determination shall be made after consultation
with individuals in the private sector having expertise in
airline industry, travel, tourism, privacy, national security,
or computer security issues.
(5) A plan to deploy the best-performing and most efficient
system tested by not later than January 1, 2007.
SEC. 923. INTERNATIONAL COOPERATIVE EFFORTS.
To ensure that the collection of passenger information is
standardized among nations, the Secretary of Homeland Security is
encouraged to pursue international cooperative efforts in the
appropriate forum to set technology standards for passenger data and
collection systems.
SEC. 924. COMPUTER ASSISTED PASSENGER PRESCREENING SYSTEM.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall submit to the Committee
on Homeland Security of the House of Representatives and the Committees
on Homeland Security and Governmental Affairs and Commerce, Science,
and Transportation of the Senate a report containing--
(1) information on the percentage of airline passengers
that are designated for secondary search on a daily basis by
the Computer Assisted Passenger Prescreening System (in this
section referred to as ``CAPPS'');
(2) information on the percentage of such airline
passengers that have been found to be terrorists or associates
of terrorists;
(3) information on the annual cost of administering CAPPS;
and
(4) an evaluation of whether CAPPS screening should be
continued after the full deployment of the Secure Flight
program.
(b) Form of Report.--The report prepared under this section may be
submitted in a classified form.
(c) Limitation on Secondary Screening.--The Assistant Secretary, in
cooperation with appropriate Federal agencies and the representatives
of the aviation industry, shall develop a process to ensure that a
passenger who has successfully completed a finger-print based
background check conducted by the Department of Homeland Security, or
holds a security clearance issued by the Department of Homeland
Security, is not subject to secondary screening as the result of a
designation under CAPPS.
SEC. 925. FEDERAL FLIGHT DECK OFFICERS.
(a) Training and Requalification Training.--Section 44921(c) of
title 49, United States Code, is amended by adding at the end the
following:
``(3) Dates of training.--The Assistant Secretary shall
ensure that a pilot who is eligible to receive Federal flight
deck officer training is offered, to the maximum extent
practicable, a choice of training dates and is provided at
least 30 days advance notice of the dates.
``(4) Travel to training facilities.--The Assistant
Secretary shall establish a program to improve travel access to
Federal flight deck officer training facilities through the use
of charter flights or improved scheduled air carrier service.
``(5) Requalification and recurrent training.--
``(A) Standards.--The Assistant Secretary shall
establish qualification standards for facilities where
Federal flight deck officers can receive
requalification and recurrent training.
``(B) Locations.--The Assistant Secretary shall
provide for requalification and recurrent training at
geographically diverse facilities, including Federal,
State, and local law enforcement and government
facilities, and private training facilities that meet
the qualification standards established under
subparagraph (A).
``(6) Costs of training.--
``(A) In general.--The Assistant Secretary shall
provide Federal flight deck officer training,
requalification training, and recurrent training to
eligible pilots at no cost to the pilots or the air
carriers that employ the pilots.
``(B) Transportation and expenses.--The Assistant
Secretary may provide travel expenses to a pilot
receiving Federal flight deck officer training,
requalification training, or recurrent training.
``(7) Communications.--Not later than 180 days after the
date of enactment of this paragraph, the Assistant Secretary
shall establish a secure means for personnel of the
Transportation Security Administration to communicate with
Federal flight deck officers, and for Federal flight deck
officers to communicate with each other, in support of the
mission of such officers. Such means of communication may
include a secure Internet website.''.
(b) Revocation of Deputization of Pilot as Federal Flight Deck
Officer.--Section 44921(d)(4) of such title is amended to read as
follows:
``(4) Revocation.--
``(A) Orders.--The Assistant Secretary may issue,
for good cause, an order revoking the deputization of a
Federal flight deck officer under this section. The
order shall include the specific reasons for the
revocation.
``(B) Hearings.--An individual who is adversely
affected by an order of the Assistant Secretary under
subparagraph (A) is entitled to a hearing on the
record. When conducting a hearing under this
subparagraph, the administrative law judge shall not be
bound by findings of fact or interpretations of laws
and regulations of the Assistant Secretary.
``(C) Appeals.--An appeal from a decision of an
administrative law judge as a result of a hearing under
subparagraph (B) shall be made to the Secretary of
Homeland Security or the Secretary's designee.
``(D) Judicial review of a final order.--The
determination and order of the Secretary revoking the
deputization of a Federal flight deck officer under
this section shall be final and conclusive unless the
individual against whom such an order is issued files
an application for judicial review under subchapter II
of chapter 5 of title 5 (popularly known as the
Administrative Procedure Act) within 60 days of entry
of such order in the appropriate United States court of
appeals.''.
(c) Federal Flight Deck Officer Firearm Carriage Pilot Program.--
Section 44921(f) of such title is amended by adding at the end the
following:
``(4) Pilot program.--
``(A) In general.--Not later than 90 days after the
date of enactment of this paragraph, the Assistant
Secretary shall implement a pilot program to allow
pilots participating in the Federal flight deck officer
program to transport their firearms on their persons.
The Assistant Secretary may prescribe any training,
equipment, or procedures that the Assistant Secretary
determines necessary to ensure safety and maximize
weapon retention.
``(B) Review.--Not later than 1 year after the date
of initiation of the pilot program, the Assistant
Secretary shall conduct a review of the safety record
of the pilot program and transmit a report on the
results of the review to Congress.
``(C) Option.--If the Assistant Secretary as part
of the review under subparagraph (B) determines that
the safety level obtained under the pilot program is
comparable to the safety level determined under
existing methods of pilots carrying firearms on
aircraft, the Assistant Secretary shall allow all
pilots participating in the Federal flight deck officer
program the option of carrying their firearm on their
person subject to such requirements as the Assistant
Secretary determines appropriate.''.
(d) Federal Flight Deck Officers on International Flights.--
(1) Agreements with foreign governments.--The President is
encouraged to pursue aggressively agreements with foreign
governments to allow maximum deployment of Federal flight deck
officers on international flights.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the President (or the President's
designee) shall submit to Congress a report on the status of
the President's efforts to allow maximum deployment of Federal
flight deck officers on international flights.
(e) References to Under Secretary.--Section 44921 of title 49,
United States Code, is amended--
(1) in subsection (a) by striking ``Under Secretary of
Transportation for Security'' and inserting ``Assistant
Secretary of Homeland Security (Transportation Security
Administration)'';
(2) by striking ``Under Secretary'' each place it appears
and inserting ``Assistant Secretary''; and
(3) by striking ``Under Secretary's'' each place it appears
and inserting ``Assistant Secretary's''.
Subtitle D--Technical Amendments
SEC. 931. REPORTING REQUIREMENTS REPEALED.
The following provisions are repealed:
(1) Sections 607 and 608 of the Vision 100--Century of
Aviation Reauthorization Act (49 U.S.C. 44903; 117 Stat. 2568).
(2) Section 109(b) of the Aviation and Transportation
Security Act (49 U.S.C. 114 note; 115 Stat. 614).
(3) Section 44942 of title 49, United States Code, and the
item relating to such section in the analysis for chapter 449
of such title.
SEC. 932. CONSOLIDATION OF REPORTS.
(a) Section 44938 of title 49, United States Code is amended--
(1) in the section heading by striking ``Reports'' and
inserting ``Transportation security report'';
(2) by striking ``(a) Transportation Security.--'';
(3) by striking the second sentence of subsection (a);
(4) by striking ``and'' at the end of subsection (a)(9);
(5) by striking the period at the end of subsection (a)(10)
and inserting a semicolon;
(6) by adding at the end of subsection (a) the following:
``(11) an assessment of the effectiveness of procedures
under section 44901;
``(12) a summary of the assessments conducted under section
44907(a)(1) and (2); and
``(13) an assessment of the steps being taken, and the
progress being made, in ensuring compliance with section 44906
for each foreign air carrier security program at airports
outside the United States--
``(A) at which the Secretary decides that foreign
security liaison officers are necessary for air
transportation security; and
``(B) for which extraordinary security measures are
in place.''; and
(7) by striking subsection (b).
(b) The analysis for subchapter II of chapter 449 of such title is
amended by striking the item relating to section 44938 and inserting
the following:
``44938. Transportation security report.''.
SEC. 933. AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING.
Section 44903(j)(2)(E) of title 49, United States Code, by
inserting ``certificated'' after ``maximum'' each place it appears.
TITLE X--MISCELLANEOUS PROVISIONS
SEC. 1001. PROTECTION OF DEPARTMENT OF HOMELAND SECURITY NAME,
INITIALS, INSIGNIA, AND SEAL.
Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is
amended by adding at the end the following new subsection:
``(d) Protection of Name, Initials, Insignia, and Seal.--
``(1) In general.--Except with the written permission of
the Secretary, no person may knowingly use, in connection with
any advertisement, commercial activity, audiovisual production
(including film or television production), impersonation,
Internet domain name, Internet e-mail address, or Internet web
site, merchandise, retail product, or solicitation in a manner
reasonably calculated to convey the impression that the
Department or any organizational element of the Department has
approved, endorsed, or authorized such use, any of the
following (or any colorable imitation thereof):
``(A) The words `Department of Homeland Security',
the initials `DHS', the insignia or seal of the
Department, or the title `Secretary of Homeland
Security'.
``(B) The name, initials, insignia, or seal of any
organizational element (including any former such
element) of the Department, or the title of any other
officer or employee of the Department, notice of which
has been published by the Secretary of Homeland
Security in accordance with paragraph (3).
``(2) Civil action.--Whenever it appears to the Attorney
General that any person is engaged or is about to engage in an
act or practice that constitutes or will constitute conduct
prohibited by subsection (d)(1), the Attorney General may
initiate a civil proceeding in a district court of the United
States to enjoin such act or practice. Such court shall proceed
as soon as practicable to the hearing and determination of such
action and may, at any time before final determination, enter
such restraining orders or prohibitions, or take such other
actions as is warranted, to prevent injury to the United States
or to any person or class of persons for whose protection the
action is brought.
``(3) Notice and publication.--The notice and publication
to which paragraph (1)(B) refers is a notice published in the
Federal Register including the name, initials, seal, or class
of titles protected under paragraph (1)(B) and a statement that
they are protected under that provision. The Secretary may
amend such notices from time to time as the Secretary
determines appropriate in the public interest and shall publish
such amendments in the Federal Register.
``(4) Audiovisual production.--For the purpose of this
subsection, the term `audiovisual production' means the
production of a work that consists of a series of related
images that are intrinsically intended to be shown by the use
of machines or devices such as projectors, viewers, or
electronic equipment, together with accompanying sounds, if
any, regardless of the nature of the material objects, such as
films or tapes, in which the work is embodied.''.
SEC. 1002. AUTHORIZED USE OF SURPLUS MILITARY VEHICLES.
The Secretary shall include United States military surplus vehicles
having demonstrated utility for responding to acts of terrorism,
emergencies, and other disasters on the Authorized Equipment List in
order to allow states and localities to purchase, modify, upgrade, and
maintain such vehicles using homeland security assistance administered
by the Department.
SEC. 1003. ENCOURAGING USE OF COMPUTERIZED TRAINING AIDS.
The Under Secretary for Science and Technology shall use and make
available to state and local agencies computer simulations to help
strengthen the ability of municipalities to prepare for and respond to
a chemical, biological, or other terrorist attack, and to standardize
response training.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Homeland Security. H. Rept. 109-713, Part I.
Reported (Amended) by the Committee on Homeland Security. H. Rept. 109-713, Part I.
Referred jointly and sequentially to the House Committee on Ways and Means for a period ending not later than Nov. 17, 2006 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(t), rule X..
Referred jointly and sequentially to the House Committee on Energy and Commerce for a period ending not later than Nov. 17, 2006 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(f), rule X..
House Committee on Ways and Means Granted an extension for further consideration ending not later than Dec. 8, 2006.
House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Dec. 8, 2006.
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