HR 1 EH
110th CONGRESS
1st Session
H. R. 1
AN ACT
To provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Implementing the 9/11 Commission Recommendations Act of 2007'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of contents.
TITLE I--RISK-BASED ALLOCATION OF HOMELAND SECURITY GRANTS
Sec. 101. First responders homeland security funding.
TITLE II--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS
Sec. 201. Improve Communications for Emergency Response Grant Program.
TITLE III--STRENGTHENING USE OF A UNIFIED INCIDENT COMMAND DURING EMERGENCIES
Sec. 301. National exercise program design.
Sec. 302. National exercise program model exercises.
Sec. 303. Responsibilities of Regional Administrators of the Federal Emergency Management Agency.
TITLE IV--STRENGTHENING AVIATION SECURITY
Sec. 401. Installation of in-line baggage screening equipment.
Sec. 402. Aviation security capital fund.
Sec. 403. Airport checkpoint screening explosive detection.
Sec. 404. Strengthening explosive detection at airport screening checkpoints.
Sec. 405. Extension of authorization of aviation security funding.
Sec. 406. Inspection of cargo carried aboard passenger aircraft.
Sec. 407. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight.
Sec. 408. Transportation Security Administration personnel management.
Sec. 409. Strategic plan to test and implement advanced passenger prescreening system.
TITLE V--STRENGTHENING THE SECURITY OF CARGO CONTAINERS
Sec. 501. Requirements relating to entry of containers into the United States.
TITLE VI--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL
Subtitle A--Human Smuggling and Trafficking Center Improvements
Sec. 601. Strengthening the capabilities of the Human Smuggling and Trafficking Center.
Subtitle B--International Collaboration to Prevent Terrorist Travel
Sec. 611. Report on international collaboration to increase border security, enhance global document security, and exchange terrorist information.
Subtitle C--Biometric Border Entry and Exit System
Sec. 621. Submittal of plan on biometric entry and exit verification system implementation.
TITLE VII--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITH LOCAL LAW ENFORCEMENT AND FIRST RESPONDERS
Subtitle A--Fusion and Law Enforcement Education and Teaming (FLEET) Grant Program
Sec. 702. FLEET Grant program.
Subtitle B--Border Intelligence Fusion Center Program
Sec. 712. Establishment of Border Intelligence Fusion Center Program.
Subtitle C--Homeland Security Information Sharing Enhancement
Sec. 722. Homeland Security Advisory System.
Sec. 723. Homeland security information sharing.
Subtitle D--Homeland Security Information Sharing Partnerships
Sec. 732. State, Local, and Regional Information Fusion Center Initiative.
Sec. 733. Homeland Security Information Sharing Fellows Program.
Subtitle E--Homeland Security Intelligence Offices Reorganization
Sec. 741. Departmental reorganization.
Sec. 742. Intelligence components of Department of Homeland Security.
Sec. 743. Office of Infrastructure Protection.
TITLE VIII--PROTECTING PRIVACY AND CIVIL LIBERTIES WHILE EFFECTIVELY FIGHTING TERRORISM
Subtitle A--Privacy and Civil Liberties Oversight Boards
Sec. 803. Making the Privacy and Civil Liberties Oversight Board independent.
Sec. 804. Requiring all members of the Privacy and Civil Liberties Oversight Board be confirmed by the Senate.
Sec. 805. Subpoena power for the Privacy and Civil Liberties Oversight Board.
Sec. 806. Reporting requirements.
Subtitle B--Enhancement of Privacy Officer Authorities
Sec. 812. Authorities of the privacy officer of the Department of Homeland Security.
TITLE IX--IMPROVING CRITICAL INFRASTRUCTURE SECURITY
Sec. 901. Vulnerability assessment and report on critical infrastructure information.
Sec. 902. National Asset Database and the National At-Risk Database.
TITLE X--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
Sec. 1001. Strategic transportation security information sharing.
Sec. 1002. Transportation security strategic planning.
TITLE XI--PRIVATE SECTOR PREPAREDNESS
Sec. 1101. Participation of private sector organizations in emergency preparedness and response activities.
TITLE XII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM
Subtitle A--Repeal and Modification of Limitations on Assistance for Prevention of WMD Proliferation and Terrorism
Sec. 1211. Repeal and modification of limitations on assistance for prevention of weapons of mass destruction proliferation and terrorism.
Subtitle B--Proliferation Security Initiative
Sec. 1221. Proliferation Security Initiative improvements and authorities.
Sec. 1222. Authority to provide assistance to cooperative countries.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass Destruction Proliferation and Terrorism
Sec. 1231. Findings; statement of policy.
Sec. 1232. Authorization of appropriations for the Department of Defense Cooperative Threat Reduction Program.
Sec. 1233. Authorization of appropriations for the Department of Energy programs to prevent weapons of mass destruction proliferation and terrorism.
Subtitle D--Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism
Sec. 1241. Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism.
Sec. 1242. Request for corresponding Russian coordinator.
Subtitle E--Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism
Sec. 1251. Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism.
Sec. 1254. Responsibilities.
Sec. 1256. Nonapplicability of Federal Advisory Committee Act.
TITLE XIII--NUCLEAR BLACK MARKET COUNTER-TERRORISM ACT
Subtitle A--Sanctions for Transfers of Nuclear Enrichment, Reprocessing, and Weapons Technology, Equipment, and Materials Involving Foreign Persons and Terrorists
Sec. 1311. Authority to impose sanctions on foreign persons.
Sec. 1312. Presidential notification on activities of foreign persons.
Subtitle B--Further Actions Against Corporations Associated With Sanctioned Foreign Persons
Sec. 1322. Campaign by United States Government officials.
Subtitle C--Rollback of Nuclear Proliferation Networks
Sec. 1331. Nonproliferation as a condition of United States assistance.
Sec. 1332. Report on identification of nuclear proliferation network host countries.
Sec. 1333. Suspension of arms sales licenses and deliveries to nuclear proliferation host countries.
TITLE XIV--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION
Sec. 1401. Short title; table of contents.
Subtitle A--Quality Educational Opportunities in Arab and Predominantly Muslim Countries.
Sec. 1411. Findings; Policy.
Sec. 1412. International Arab and Muslim Youth Opportunity Fund.
Sec. 1413. Annual report to Congress.
Sec. 1414. Extension of program to provide grants to American-sponsored schools in Arab and predominantly Muslim Countries to provide scholarships.
Subtitle B--Democracy and Development in Arab and Predominantly Muslim Countries
Sec. 1421. Promoting democracy and development in the Middle East, Central Asia, South Asia, and Southeast Asia.
Sec. 1422. Middle East Foundation.
Subtitle C--Restoring United States Moral Leadership
Sec. 1431. Advancing United States interests through public diplomacy.
Sec. 1432. Expansion of United States scholarship, exchange, and library programs in Arab and predominantly Muslim countries.
Sec. 1433. United States policy toward detainees.
Subtitle D--Strategy for the United States Relationship With Afghanistan, Pakistan, and Saudi Arabia
TITLE I--RISK-BASED ALLOCATION OF HOMELAND SECURITY GRANTS
SEC. 101. FIRST RESPONDERS HOMELAND SECURITY FUNDING.
(a) In General- The Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is amended--
(1) in section 1(b) in the table of contents by striking the items relating to the second title XVIII, as added by section 501(b)(3) of Public Law 109-347, and inserting the following:
`TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
`Sec. 1901. Domestic Nuclear Detection Office.
`Sec. 1902. Mission of Office.
`Sec. 1904. Testing authority.
`Sec. 1905. Relationship to other Department entities and Federal agencies.
`Sec. 1906. Contracting and grant making authorities.';
(2) by redesignating the second title XVIII, as added by section 501(a) of Public Law 109-347, as title XIX;
(3) in title XIX (as so redesignated)--
(A) by redesignating sections 1801 through 1806 as sections 1901 through 1906, respectively;
(B) in section 1904(a) (6 U.S.C. 594(a)), as so redesignated, by striking `section 1802' and inserting `section 1902'; and
(C) in section 1906 (6 U.S.C. 596), as so redesignated, by striking `section 1802(a)' each place it appears and inserting `section 1902(a)';
(4) in section 1(b) in the table of contents by adding at the end the following:
`TITLE XX--FUNDING FOR FIRST RESPONDERS
`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 accountability requirements.';
(5) by adding at the end the following:
`TITLE XX--FUNDING FOR FIRST RESPONDERS
`SEC. 2001. DEFINITIONS.
`(1) COVERED GRANT- The term `covered grant' means any grant to which this title applies under section 2002.
`(2) 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.
`(3) 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).
`(4) FIRST RESPONDER- The term `first responder' shall have the same meaning as the term `emergency response provider'.
`(5) 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.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
`(6) REGION- The term `region' means--
`(A) any geographic area consisting of all or parts of 2 or more contiguous States 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.
`(7) 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.
`(8) CAPABILITIES- The term `capabilities' shall have the same meaning that term has under title VIII.
`SEC. 2002. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
`(a) Covered Grants- This title applies to grants provided by the Department to States, urban areas, 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.
`(1) STATE, REGION, OR DIRECTLY ELIGIBLE TRIBE- Any State, region, or directly eligible tribe shall be eligible to apply for a covered grant under the programs referred to in paragraphs (1) and (3) of section 1802(a).
`(2) HIGH-THREAT URBAN AREAS- Any urban area that is determined by the Secretary to be a high-threat urban areas shall be eligible to apply for a covered grant referred to in paragraph (2) of section 1802(a).
`(b) Grant Criteria- The Secretary shall award covered grants to assist States and local governments in achieving, maintaining, and enhancing the capabilities for terrorism preparedness established by the Secretary.
`(c) Submission of State Preparedness Report-
`(1) SUBMISSION REQUIRED- The Secretary shall require that any State applying to the Secretary for a covered grant must submit State Preparedness Report specified in section 652(c) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295).
`(2) CONSULTATION- The State report submitted under paragraph (1) shall be developed in consultation with and subject to appropriate comment by local governments and first responders within the State.
`(d) Consistency With State Plans-
`(1) IN GENERAL- 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 report or plan.
`(2) APPROVAL OF PLAN BY SECRETARY- The Secretary may not award any covered grant to a State unless the Secretary has approved the applicable State homeland security plan.
`(3) 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.
`(e) Application for Grant-
`(1) IN GENERAL- Except as otherwise provided in this subsection, any State, urban area, 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 capabilities for terrorism preparedness within the State, urban area, 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 under section 2005(g)(1), would assist in fulfilling the 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 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)(2).
`(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) of this paragraph, 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 under section 2006(h)(2), the region may petition the Secretary to receive directly the portion of the regional award that is required to be passed through to such region under subparagraph (C).
`(F) REGIONAL LIAISONS- A regional liaison designated under paragraph (4)(E)(iii) shall--
`(i) coordinate with Federal, State, local, regional, and private officials within the region concerning terrorism preparedness;
`(ii) develop a process for receiving input from Federal, State, local, regional, and private sector officials within the region to assist in the development of the regional application and to improve the region's access to covered grants; and
`(iii) administer, in consultation with State, local, regional, and private officials within the region, covered grants awarded to the region.
`(6) TRIBAL APPLICATIONS-
`(A) SUBMISSION TO THE STATE OR STATES- To ensure the consistency required under subsection (d), an applicant that is a directly eligible tribe 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 comply with section 2006(g)(1), the tribe may request payment under section 2006(h)(3) in the same manner as a local government.
`(7) EQUIPMENT STANDARDS- If an applicant for a covered grant proposes to upgrade or purchase, with assistance provided under the grant, new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards established by the Secretary, 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) Prioritization of Grant Applications-
`(1) FACTORS TO BE CONSIDERED- The Secretary shall evaluate and annually prioritize all pending applications for covered grants based upon the degree to which they would, by achieving, maintaining, or enhancing the 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. Such evaluation and prioritization shall be based upon the most current risk assessment available by the Office of Intelligence Analysis and the Office of Infrastructure Protection of the threats of terrorism against the United States. In establishing criteria for evaluating and prioritizing applications for covered grants, the Secretary shall coordinate with the National Advisory Council established under section 508, the Director of the Federal Emergency Management Agency, the United States Fire Administrator, the Chief Intelligence Officer of the Department, the Assistant Secretary for Infrastructure Protection, and other Department officials as determined by the Secretary.
`(2) CRITICAL INFRASTRUCTURE SECTORS- The Secretary 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.
`(G) Government facilities.
`(H) Postal and shipping.
`(I) Public health and health care.
`(J) Information technology.
`(L) Transportation systems.
`(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 Secretary specifically shall consider the following types of threat to the critical infrastructure sectors described in paragraph (2), and to populations in all areas of the United States, urban and rural:
`(C) Radiological 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 Secretary shall take into account any other specific threat to a population (including a transient commuting or tourist population) or critical infrastructure sector that the Board has determined to exist. In evaluating the threat to a population or critical infrastructure sector, the Secretary shall give greater weight to threats of terrorism based upon their specificity and credibility, including any pattern of repetition.
`(5) MINIMUM AMOUNTS- After evaluating and prioritizing grant applications under paragraph (1), the Department 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;
`(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 (6) 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;
`(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 plan; 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 or does not approve at least one such application.
`(6) ADDITIONAL HIGH-RISK QUALIFYING CRITERIA- For purposes of paragraph (5)(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.
`(b) 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 (a)(5) of this section.
`(c) Relationship to Other Programs- This section shall be carried out in consultation with the Secretary of Health and Human Services. Nothing in this section affects the scope of authority of the Secretary of Health and Human Services, including such authority under the Public Health Service Act.
`SEC. 2005. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.
`(a) In General- A covered grant may be used for--
`(1) purchasing or upgrading equipment, including computer hardware and 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;
`(C) the temporary replacement of personnel during any period of travel to and participation in exercises and training in the use of equipment and on prevention activities; and
`(D) the hiring of staff to serve as intelligence analysts to strengthen information and intelligence sharing capabilities;
`(8) the costs of equipment (including software) required to receive, transmit, handle, and store classified information;
`(9) protecting critical infrastructure against potential attack by the addition of barriers, fences, gates, and other such devices that are constructed consistent with the requirements of section 6(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9), except that the cost of such measures may not exceed the greater of--
`(A) $1,000,000 per project; or
`(B) such greater amount as may be approved by the Secretary, which may not exceed 10 percent of the total amount of the covered grant;
`(10) the costs of commercially available interoperable communications equipment (that, where applicable, is based on national, voluntary consensus standards) that the Secretary, in consultation with the Assistant Secretary for Emergency Communications, 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;
`(11) educational curricula development for first responders to ensure that they are prepared for terrorist attacks;
`(12) 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;
`(13) 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;
`(14) Public safety answering points;
`(15) paying for the conduct of any activity permitted under the Law Enforcement Terrorism Prevention Program, or any such successor to such program; and
`(16) 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;
`(4) for any State or local government cost-sharing contribution.
`(c) Intelligence Analysts- An individual hired to serve as an intelligence analyst under subsection (a)(7)(D) must meet at least one of the following criteria:
`(1) The individual has successfully completed training that meets the standards of the International Association of Law Enforcement Intelligence Analysts to ensure baseline proficiency in intelligence analysis and production.
`(2) The individual has previously served in a Federal intelligence agency as an intelligence analyst for at least two years.
`(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 capabilities for terrorism preparedness established by the Secretary.
`(e) Reimbursement of Costs-
`(1) PAID-ON-CALL OR VOLUNTEER REIMBURSEMENT- 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) PERFORMANCE OF FEDERAL DUTY- 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) Flexibility in Unspent Homeland Security Grant Funds- Upon request by the recipient of a covered grant, the Secretary may authorize the grantee to transfer all or part of funds provided as the covered grant from uses specified in the grant agreement to other uses authorized under this section, if the Secretary determines that such transfer is in the interests of homeland security.
`(h) State, Regional, and Tribal Responsibilities-
`(1) PASS-THROUGH- The Secretary shall require a recipient of a covered grant that is a State to obligate or otherwise make available to local governments, first responders, and other local groups, to the extent required under the State homeland security plan or plans specified in the application for the grant, not less than 80 percent of the grant funds, resources purchased with the grant funds having a value equal to at least 80 percent of the amount of the grant, or a combination thereof, by not later than the end of the 45-day period beginning on the date the grant recipient receives the grant funds.
`(A) 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.
`(B) 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.
`(C) 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, including, but not limited to, any necessary personnel overtime, contractor services, administrative costs, equipment fuel and maintenance, and rental space.
`(3) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS TO LOCAL GOVERNMENTS- Any State that receives a covered grant shall certify to the Secretary, by not later than 30 days after the expiration of the period described in paragraph (1) with respect to the grant, that the State has made available for expenditure by local governments, first responders, and other local groups the required amount of grant funds pursuant to paragraph (1).
`(4) QUARTERLY REPORT ON HOMELAND SECURITY SPENDING- The Federal share described in paragraph (2)(A) may be increased by up to 2 percent for any State, region, or directly eligible tribe that, not later than 30 days after the end of each fiscal quarter, submits to the Secretary a report on that fiscal quarter. Each such report must include, for each recipient of a covered grant or a pass-through under paragraph (1)--
`(A) the amount obligated to that recipient in that quarter;
`(B) the amount expended by that recipient in that quarter; and
`(C) a summary description of the items purchased by such recipient with such amount.
`(5) ANNUAL REPORT ON HOMELAND SECURITY SPENDING- Each recipient of a covered grant shall submit an annual report to the Secretary not later than 60 days after the end of each Federal fiscal year. Each recipient of a covered grant that is a region must simultaneously submit its report to each State of which any part is included in the region. Each recipient of a covered grant that is a directly eligible tribe must simultaneously submit its report to each State within the boundaries of which any part of such tribe is located. Each report must include the following:
`(A) The amount, ultimate recipients, and dates of receipt of all funds received under the grant during the previous fiscal year.
`(B) The amount and the dates of disbursements of all such funds expended in compliance with paragraph (1) or pursuant to mutual aid agreements or other sharing arrangements that apply within the State, region, or directly eligible tribe, as applicable, during the previous fiscal year.
`(C) How the funds were utilized by each ultimate recipient or beneficiary during the preceding fiscal year.
`(D) The extent to which capabilities identified in the applicable State homeland security plan or plans were achieved, maintained, or enhanced as the result of the expenditure of grant funds during the preceding fiscal year.
`(E) The extent to which capabilities identified in the applicable State homeland security plan or plans remain unmet.
`(6) INCLUSION OF RESTRICTED ANNEXES- A recipient of a covered grant may submit to the Secretary an annex to the annual report under paragraph (5) that is subject to appropriate handling restrictions, if the recipient believes that discussion in the report of unmet needs would reveal sensitive but unclassified information.
`(i) Incentives to Efficient Administration of Homeland Security Grants-
`(1) PENALTIES FOR DELAY IN PASSING THROUGH LOCAL SHARE- If a recipient of a covered grant that is a State fails to pass through to local governments, first responders, and other local groups funds or resources required by subsection (g)(1) within 45 days after receiving funds under the grant, the Secretary may--
`(A) reduce grant payments to the grant recipient from the portion of grant funds that is not required to be passed through under subsection (g)(1);
`(B) terminate payment of funds under the grant to the recipient, and transfer the appropriate portion of those funds directly to local first responders that were intended to receive funding under that grant; or
`(C) impose additional restrictions or burdens on the recipient's use of funds under the grant, which may include--
`(i) prohibiting use of such funds to pay the grant recipient's grant-related overtime or other expenses;
`(ii) requiring the grant recipient to distribute to local government beneficiaries all or a portion of grant funds that are not required to be passed through under subsection (g)(1); or
`(iii) for each day that the grant recipient fails to pass through funds or resources in accordance with subsection (g)(1), reducing grant payments to the grant recipient from the portion of grant funds that is not required to be passed through under subsection (g)(1), except that the total amount of such reduction may not exceed 20 percent of the total amount of the grant.
`(2) EXTENSION OF PERIOD- The Governor of a State may request in writing that the Secretary extend the 45-day period under section 2003(e)(5)(E) or paragraph (1) for an additional 15-day period. The Secretary may approve such a request, and may extend such period for additional 15-day periods, if the Secretary determines that the resulting delay in providing grant funding to the local government entities that will receive funding under the grant will not have a significant detrimental impact on such entities' terrorism preparedness efforts.
`(3) PROVISION OF NON-LOCAL SHARE TO LOCAL GOVERNMENT-
`(A) IN GENERAL- The Secretary may upon request by a local government pay to the local government a portion of the amount of a covered grant awarded to a State in which the local government is located, if--
`(i) the local government will use the amount paid to expedite planned enhancements to its terrorism preparedness as described in any applicable State homeland security plan or plans;
`(ii) the State has failed to pass through funds or resources in accordance with subsection (g)(1); and
`(iii) the local government complies with subparagraphs (B) and (C).
`(B) SHOWING REQUIRED- To receive a payment under this paragraph, a local government must demonstrate that--
`(i) it is identified explicitly as an ultimate recipient or intended beneficiary in the approved grant application;
`(ii) it was intended by the grantee to receive a severable portion of the overall grant for a specific purpose that is identified in the grant application;
`(iii) it petitioned the grantee for the funds or resources after expiration of the period within which the funds or resources were required to be passed through under subsection (g)(1); and
`(iv) it did not receive the portion of the overall grant that was earmarked or designated for its use or benefit.
`(C) EFFECT OF PAYMENT- Payment of grant funds to a local government under this paragraph--
`(i) shall not affect any payment to another local government under this paragraph; and
`(ii) shall not prejudice consideration of a request for payment under this paragraph that is submitted by another local government.
`(D) DEADLINE FOR ACTION BY SECRETARY- The Secretary shall approve or disapprove each request for payment under this paragraph by not later than 15 days after the date the request is received by the Department.
`(j) Reports to Congress- The Secretary shall submit an annual report to Congress by January 31 of each year covering the preceding fiscal year--
`(1) describing in detail the amount of Federal funds provided as covered grants that were directed to each State, region, and directly eligible tribe in the preceding fiscal year;
`(2) containing information on the use of such grant funds by grantees; and
`(A) the Nation's progress in achieving, maintaining, and enhancing the capabilities established by the Secretary as a result of the expenditure of covered grant funds during the preceding fiscal year; and
`(B) an estimate of the amount of expenditures required to attain across the United States the essential capabilities established by the Secretary.'.
TITLE II--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS
SEC. 201. IMPROVE COMMUNICATIONS FOR EMERGENCY RESPONSE GRANT PROGRAM.
(a) Establishment- 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. 522. IMPROVE COMMUNICATIONS FOR EMERGENCY RESPONSE GRANT PROGRAM.
`(a) Establishment- The Secretary, acting through the Director of the Office of Grants and Training and in coordination with the Director for Emergency Communications, shall establish the Improve Communications for Emergency Response Grant Program to make grants to States and regions to carry out initiatives to improve interoperable emergency communications, including initiatives to achieve solutions to statewide, regional, national, and, where appropriate, international interoperability.
`(b) Use of Grant Funds- A State or region receiving a grant under this section may use the grant for short-term or long-term goals for improving interoperable emergency communications, including interoperability within that State or region, and to assist with--
`(1) statewide or regional communications planning;
`(2) design and engineering for interoperable emergency communications systems;
`(3) procurement and installation of interoperable emergency communications equipment;
`(4) interoperable emergency communications exercises;
`(5) modeling and simulation exercises for operational command and control functions;
`(6) technical assistance and training for interoperable emergency communications; and
`(7) other activities determined by the Secretary to be integral to interoperable emergency communications.
`(c) Region Defined- For the purposes of this section, the term `region' means any combination of contiguous local government units, including such a combination established by law or mutual aid agreement between two or more local governments or governmental agencies.'.
(b) Authorization of Appropriations- There is authorized to be appropriated to the Secretary of Homeland Security for grants under section 522 of the Homeland Security Act of 2002, as added by subsection (a)--
(1) such sums as may be necessary for the first fiscal year that begins after the later of--
(A) the date on which the Secretary of Homeland Security completes and submits to Congress the National Emergency Communications Plan required under section 1802 of the Homeland Security Act of 2002 (6 U.S.C. 572);
(B) the date on which the Secretary of Homeland Security completes and submits to Congress the first baseline interoperability assessment required under section 1803 of such Act (6 U.S.C. 573); or
(C) the date on which the Secretary of Homeland Security, after consultation with the Director of Emergency Communications, determines and notifies Congress that substantial progress has been made towards the development and promulgation of voluntary consensus-based interoperable communications standards pursuant to section 1801(c)(11) of such Act (6 U.S.C. 571(c)(11)); and
(2) such sums as may be necessary for each subsequent fiscal year.
(c) Clerical Amendment- The table of contents in section 1(b) of that Act is amended by inserting after the item relating to section 521 the following:
`Sec. 522. Improve Communications for Emergency Response Grant Program.'.
TITLE III--STRENGTHENING USE OF A UNIFIED INCIDENT COMMAND DURING EMERGENCIES
SEC. 301. NATIONAL EXERCISE PROGRAM DESIGN.
Section 648(b)(2)(A) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295) is amended by striking clauses (iv) and (v) and inserting the following:
`(iv) designed to provide for systematic evaluation of readiness and enhance operational understanding of the Incident Command System and relevant mutual aid agreements;
`(v) designed to address the unique requirements of populations with special needs; and
`(vi) designed to include the prompt development of after-action reports and plans for quickly incorporating lessons learned into future operations; and'.
SEC. 302. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.
Section 648(b)(2)(B) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295) is amended by striking so much as precedes clause (i) and inserting the following:
`(B) shall include a selection of model exercises that State, local, and tribal governments can readily adapt for use, and shall provide assistance to State, local, and tribal governments with the design, implementation, and evaluation of exercises, whether a model exercise program or an exercise designed locally, that--'.
SEC. 303. RESPONSIBILITIES OF REGIONAL ADMINISTRATORS OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
Section 507(c)(2) of the Homeland Security Act of 2002 (enacted by section 611 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295)) is amended by striking `and' after the semicolon at the end of subparagraph (H), by redesignating subparagraph (I) as subparagraph (J), and by inserting after subparagraph (H) the following:
`(I) assisting State, local, or tribal governments, where appropriate, to pre-identify and evaluate suitable sites where a multi-jurisdictional unified command system can be quickly established if the need for such a system arises; and'.
TITLE IV--STRENGTHENING AVIATION SECURITY
SEC. 401. INSTALLATION OF IN-LINE BAGGAGE SCREENING EQUIPMENT.
Not later than 30 days after the date of enactment of this Act, the Secretary for Homeland Security shall submit to the appropriate congressional committees the cost sharing study described in section 4019(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3722), together with the Secretary's analysis of the study, a list of provisions of the study the Secretary intends to implement, and a plan and schedule for implementation of such listed provisions.
SEC. 402. AVIATION SECURITY CAPITAL FUND.
(a) In General- Section 44923(h)(1) of title 49, United States Code, is amended in the second sentence by striking `2007' and inserting `2011'.
(b) Discretionary Grants- Section 44923(h)(3) of such title is amended by striking `for a fiscal year, $125,000,000' and inserting `, $125,000,000 for each of fiscal years 2004, 2005, and 2006 and such sums as may be necessary for each of fiscal years 2007 through 2011'.
SEC. 403. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DETECTION.
Section 44940 of title 49, United States Code, is amended--
(1) in subsection (d)(4) by inserting `, other than subsection (i),' before `except to'; and
(2) by adding at the end the following:
`(i) Checkpoint Screening Security Fund-
`(1) ESTABLISHMENT- There is established in the Department of Homeland Security a fund to be known as the `Checkpoint Screening Security Fund'.
`(2) DEPOSITS- In fiscal year 2008, after amounts are made available under section 44923(h), the next $250,000,000 derived from fees received under subsection (a)(1) shall be available to be deposited in the Fund.
`(3) FEES- The Secretary of Homeland Security shall impose the fee authorized by subsection (a)(1) so as to collect at least $250,000,000 in fiscal year 2008 for deposit into the Fund.
`(4) AVAILABILITY OF AMOUNTS- Amounts in the Fund shall be available until expended for the research, development, purchase, deployment, and installation of equipment to improve the ability of security screening personnel at screening checkpoints to detect explosives.'.
SEC. 404. STRENGTHENING EXPLOSIVE DETECTION AT AIRPORT SCREENING CHECKPOINTS.
Not later than 7 days after the date of enactment of this Act, the Assistant Secretary for Homeland Security (Transportation Security Administration) shall submit to the appropriate congressional committees the strategic plan described in the section amended by section 4013(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3719).
SEC. 405. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING.
Section 48301(a) of title 49, United States Code, is amended by striking `and 2006' and inserting `2006, 2007, 2008, 2009, 2010, and 2011'.
SEC. 406. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
(a) In General- Section 44901 of title 49, United States Code, is amended--
(1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
`(g) Air Cargo on Passenger Aircraft-
`(1) IN GENERAL- Not later than 3 years after the date of enactment of the Implementing the 9/11 Commission Recommendations Act of 2007, the Secretary of Homeland Security shall establish a system to inspect 100 percent of cargo transported on passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation to ensure the security of all such passenger aircraft carrying cargo.
`(2) MINIMUM STANDARDS- The system referred to in paragraph (1) shall require, at a minimum, that equipment, technology, procedures, and personnel are used to inspect cargo carried on passenger aircraft to provide a level of security equivalent to the level of security for the inspection of passenger checked baggage as follows:
`(A) 35 percent of such cargo is so inspected by the end of fiscal year 2007.
`(B) 65 percent of such cargo is so inspected by the end of fiscal year 2008.
`(C) 100 percent of such cargo is so inspected by the end of fiscal year 2009.
`(A) INTERIM FINAL RULE- The Secretary of Homeland Security may issue an interim final rule as a temporary regulation to implement this subsection without regard to the provisions of chapter 5 of title 5.
`(i) IN GENERAL- If the Secretary issues an interim final rule under subparagraph (A), the Secretary shall issue, not later than one year after the effective date of the interim final rule, a final rule as a permanent regulation to implement this subsection in accordance with the provisions of chapter 5 of title 5.
`(ii) FAILURE TO ACT- If the Secretary does not issue a final rule in accordance with clause (i) on or before the last day of the 1-year period referred to in clause (i), the interim final rule issued under subparagraph (A) shall not be effective after the last day of such period.
`(iii) SUPERCEDING OF INTERIM FINAL RULE- The final rule issued in accordance with this subparagraph shall supersede the interim final rule issued under subparagraph (A).
`(4) REPORT- Not later than 1 year after the date of establishment of the system under paragraph (1), the Secretary shall transmit to Congress a report that describes the system.'.
(b) Assessment of Exemptions-
(1) TSA ASSESSMENT OF EXEMPTIONS-
(A) IN GENERAL- Not later than 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate committees of Congress and to the Comptroller General a report regarding an assessment of each exemption granted for inspection of air cargo and an analysis to assess the risk of maintaining such exemption.
(B) CONTENTS- The report referred to in subparagraph (A) shall include--
(i) the rationale for each exemption;
(ii) what percentage of cargo is not screened as a result of each exemption;
(iii) the impact of each exemption on aviation security;
(iv) the projected impact on the flow of commerce of eliminating each exemption, respectively, should the Secretary choose to take such action; and
(v) plans and rationale for maintaining, changing, or eliminating each exemption.
(2) GAO ASSESSMENT- Not later than 120 days after the date on which the report under paragraph (1) is submitted, the Comptroller General shall review the report and provide to Congress an assessment of the methodology of determinations made by the Secretary for maintaining, changing, or eliminating an exemption.
SEC. 407. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR PROHIBITED FROM BOARDING A FLIGHT.
(a) In General- Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et. seq.) is amended by adding at the end the following:
`SEC. 432. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR PROHIBITED FROM BOARDING A FLIGHT.
`(a) In General- The Secretary shall establish a timely and fair process for individuals who believe they have been delayed or prohibited from boarding a commercial aircraft because they were wrongly identified as a threat under the regimes utilized by the Transportation Security Administration, the Bureau of Customs and Border Protection, or any other Department entity.
`(b) Office of Appeals and Redress-
`(1) ESTABLISHMENT- The Secretary shall establish an Office of Appeals and Redress to oversee the process established by the Secretary pursuant to subsection (a).
`(2) RECORDS- The process established by the Secretary pursuant to subsection (a) shall include the establishment of a method by which the Office of Appeals and Redress, under the direction of the Secretary, will be able to maintain a record of air carrier passengers and other individuals who have been misidentified and have corrected erroneous information.
`(3) INFORMATION- To prevent repeated delays of a misidentified passenger or other individual, the Office of Appeals and Redress shall--
`(A) ensure that the records maintained under this subsection contain information determined by the Secretary to authenticate the identity of such a passenger or individual; and
`(B) furnish to the Transportation Security Administration, the Bureau of Customs and Border Protection, or any other appropriate Department entity, upon request, such information as may be necessary to allow such agencies to assist air carriers in improving their administration of the advanced passenger prescreening system and reduce the number of false positives.
`(4) INITIATION OF APPEAL AND REDRESS PROCESS AT AIRPORTS- The Office of Appeals and Redress shall establish at each airport at which the Department has a significant presence a process to allow air carrier passengers to begin the appeals process established pursuant to subsection (a) at the airport.'.
(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 430 the following:
`Sec. 432. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight.'.
SEC. 408. TRANSPORTATION SECURITY ADMINISTRATION PERSONNEL MANAGEMENT.
(a) Elimination of Certain Personnel Management Authorities- Effective 90 days after the date of the enactment of this Act--
(1) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is repealed and any authority of the Secretary of Homeland Security derived from such section 111(d) shall terminate;
(2) any personnel management system, to the extent established or modified pursuant to such section 111(d) (including by the Secretary through the exercise of any authority derived from such section 111(d)) shall terminate; and
(3) the Secretary shall ensure that all TSA employees are subject to the same personnel management system as described in subsection (e)(1) or (e)(2).
(b) Establishment of Certain Uniformity Requirements-
(1) SYSTEM UNDER SUBSECTION (e)(1)- The Secretary shall, with respect to any personnel management system described in subsection (e)(1), take any measures which may be necessary to provide for the uniform treatment of all TSA employees under such system.
(2) SYSTEM UNDER SUBSECTION (e)(1)- Section 9701(b) of title 5, United States Code, is amended--
(A) by striking `and' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and inserting `; and'; and
(C) by adding at the end the following new paragraph:
`(6) provide for the uniform treatment of all TSA employees (as defined in section 408(d) of the Implementing the 9/11 Commission Recommendations Act of 2007).'.
(A) PROVISIONS RELATING TO A SYSTEM UNDER SUBSECTION (e)(1)- Any measures necessary to carry out paragraph (1) shall take effect 90 days after the date of the enactment of this Act.
(B) PROVISIONS RELATING TO A SYSTEM UNDER SUBSECTION (e)(2)- Any measures necessary to carry out the amendments made by paragraph (2) shall take effect 90 days after the date of the enactment of this Act or, if later, the commencement date of the system involved.
(1) REPORT REQUIRED- Not later than 6 months after the date of the enactment of this Act, the Government Accountability Office 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--
(A) the pay system that applies with respect to TSA employees as of the date of the enactment of this Act; and
(B) any changes to such system which would be made under any regulations which have been prescribed under chapter 97 of title 5, United States Code.
(2) MATTERS FOR INCLUSION- The report required under paragraph (1) shall include--
(A) a brief description of each pay system described in paragraphs (1)(A) and (1)(B), respectively;
(B) a comparison of the relative advantages and disadvantages of each of those pay systems; and
(C) such other matters as the Government Accountability Office considers appropriate.
(d) TSA Employee Defined- In this section, the term `TSA employee' means an individual who holds--
(1) any position which was transferred (or the incumbent of which was transferred) from the Transportation Security Administration of the Department of Transportation to the Department of Homeland Security by section 403 of the Homeland Security Act of 2002 (6 U.S.C. 203); or
(2) any other position within the Department of Homeland Security the duties and responsibilities of which include carrying out one or more of the functions that were transferred from the Transportation Security Administration of the Department of Transportation to the Secretary by such section.
(e) Personnel Management System Described- A personnel management system described in this subsection is--
(1) any personnel management system, to the extent that it applies with respect to any TSA employees by virtue of section 114(n) of title 49, United States Code; and
(2) any human resources management system, established under chapter 97 of title 5, United States Code.
SEC. 409. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED PASSENGER PRESCREENING SYSTEM.
Not later than 90 days after the date of the enactment of the Act, the Secretary of Homeland Security shall submit to Congress a plan that--
(1) describes the system to be utilized for the Department of Homeland Security to assume the performance of comparing passenger information, as defined by the Assistant Secretary of Homeland Security (Transportation Security Administration), to the automatic selectee and no fly lists, utilizing appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government;
(2) provides a projected timeline for each phase of testing and implementation of the system;
(3) explains how the system will be integrated with the prescreening system for passenger on international flights; and
(4) describes how the system complies with section 552a of title 5, United States Code.
TITLE V--STRENGTHENING THE SECURITY OF CARGO CONTAINERS
SEC. 501. REQUIREMENTS RELATING TO ENTRY OF CONTAINERS INTO THE UNITED STATES.
(a) Requirements- Section 70116 of title 46, United States Code, is amended by adding at the end the following new subsection:
`(c) Requirements Relating to Entry of Containers-
`(1) IN GENERAL- A container may enter the United States, either directly or via a foreign port, only if--
`(A) the container is scanned with equipment that meets the standards established pursuant to paragraph (2)(A) and a copy of the scan is provided to the Secretary; and
`(B) the container is secured with a seal that meets the standards established pursuant to paragraph (2)(B), before the container is loaded on the vessel for shipment to the United States.
`(2) STANDARDS FOR SCANNING EQUIPMENT AND SEALS-
`(A) SCANNING EQUIPMENT- The Secretary shall establish standards for scanning equipment required to be used under paragraph (1)(A) to ensure that such equipment uses the best-available technology, including technology to scan a container for radiation and density and, if appropriate, for atomic elements.
`(B) SEALS- The Secretary shall establish standards for seals required to be used under paragraph (1)(B) to ensure that such seals use the best-available technology, including technology to detect any breach into a container and identify the time of such breach.
`(C) REVIEW AND REVISION- The Secretary shall--
`(i) review and, if necessary, revise the standards established pursuant to subparagraphs (A) and (B) not less than once every two years; and
`(ii) ensure that any such revised standards require the use of technology, as soon as such technology becomes available, to--
`(I) identify the place of a breach into a container;
`(II) notify the Secretary of such breach before the container enters the Exclusive Economic Zone of the United States; and
`(III) track the time and location of the container during transit to the United States, including by truck, rail, or vessel.
`(D) DEFINITION- In subparagraph (C), the term `Exclusive Economic Zone of the United States' has the meaning given the term `Exclusive Economic Zone' in section 2101(10a) of this title.'.
(b) Authorization of Appropriations- There are authorized to be appropriated to carry out section 70116(c) of title 46, United States Code, as added by subsection (a) of this section, such sums as may be necessary for each of the fiscal years 2008 through 2013.
(c) Regulations; Application-
(A) INTERIM FINAL RULE- Consistent with the results of and lessons derived from the pilot system implemented under section 231 of the SAFE Port Act (Public Law 109-347), the Secretary of Homeland Security shall issue an interim final rule as a temporary regulation to implement section 70116(c) of title 46, United States Code, as added by subsection (a) of this section, not later than 180 days after the date of the submission of the report under section 231 of the SAFE Port Act, without regard to the provisions of chapter 5 of title 5, United States Code.
(B) FINAL RULE- The Secretary shall issue a final rule as a permanent regulation to implement section 70116(c) of title 46, United States Code, as added by subsection (a) of this section, not later than one year after the date of the submission of the report under section 231 of the SAFE Port Act, in accordance with the provisions of chapter 5 of title 5, United States Code. The final rule issued pursuant to that rulemaking may supersede the interim final rule issued pursuant to subparagraph (A).
(2) PHASED-IN APPLICATION-
(A) IN GENERAL- The requirements of section 70116(c) of title 46, United States Code, as added by subsection (a) of this section, apply with respect to any container entering the United States, either directly or via a foreign port, beginning on--
(i) the end of the 3-year period beginning on the date of the enactment of this Act, in the case of a container loaded on a vessel destined for the United States in a country in which more than 75,000 twenty-foot equivalent units of containers were loaded on vessels for shipping to the United States in 2005; and
(ii) the end of the 5-year period beginning on the date of the enactment of this Act, in the case of a container loaded on a vessel destined for the United States in any other country.
(B) EXTENSION- The Secretary may extend by up to one year the period under clause (i) or (ii) of subparagraph (A) for containers loaded in a port, if the Secretary--
(i) finds that the scanning equipment required under section 70116(c) of title 46, United States Code, as added by subsection (a) of this section, is not available for purchase and installation in the port; and
(ii) at least 60 days prior to issuing such extension, transmits such finding to the appropriate congressional committees.
(d) International Cargo Security Standards- The Secretary, in consultation with the Secretary of State, is encouraged to promote and establish international standards for the security of containers moving through the international supply chain with foreign governments and international organizations, including the International Maritime Organization and the World Customs Organization.
(e) International Trade and Other Obligations- In carrying out section 70116(c) of title 46, United States Code, as added by subsection (a) of this section, the Secretary shall consult with appropriate Federal departments and agencies and private sector stakeholders to ensure that actions under such section do not violate international trade obligations or other international obligations of the United States.
TITLE VI--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL
Subtitle A--Human Smuggling and Trafficking Center Improvements
SEC. 601. 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:
(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.
Subtitle B--International Collaboration to Prevent Terrorist Travel
SEC. 611. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE BORDER SECURITY, ENHANCE GLOBAL DOCUMENT SECURITY, AND EXCHANGE TERRORIST INFORMATION.
(a) Report Required- Not later than 270 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security, in conjunction with the Director of National Intelligence and the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report on efforts of the Government of the United States to collaborate with international partners and allies of the United States to increase border security, enhance global document security, and exchange terrorist information.
(b) Contents- The report required by subsection (a) shall outline--
(1) all presidential directives, programs, and strategies for carrying out and increasing United States Government efforts described in subsection (a);
(2) the goals and objectives of each of these efforts;
(3) the progress made in each of these efforts; and
(4) the projected timelines for each of these efforts to become fully functional and effective.
(c) Definition- In this section, the term `appropriate congressional committees' means--
(1) the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate.
Subtitle C--Biometric Border Entry and Exit System
SEC. 621. SUBMITTAL OF PLAN ON BIOMETRIC ENTRY AND EXIT VERIFICATION SYSTEM IMPLEMENTATION.
Not later than 7 days after the date of the enactment of this Act, the Secretary for Homeland Security shall submit to the Committee on Homeland Security and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate the plan developed by the Secretary under section 7208(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(c)(2)) to accelerate the full implementation of an automated biometric entry and exit data system.
TITLE VII--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITH LOCAL LAW ENFORCEMENT AND FIRST RESPONDERS
Subtitle A--Fusion and Law Enforcement Education and Teaming (FLEET) Grant Program
SEC. 701. FINDINGS.
Congress finds the following:
(1) The intelligence component of a State, local, or regional fusion center (in this title referred to generally as `fusion centers') focuses on the intelligence process, in which information is collected, integrated, evaluated, analyzed, and disseminated. The Federal Government and nontraditional sources of intelligence information--such as public safety entities at the State, local, and tribal levels, and private sector organizations--all possess valuable information that when `fused' with law enforcement data and properly analyzed at fusion centers can provide law enforcement officers with specific and actionable intelligence about terrorist and related criminal activity.
(2) Participation by local and tribal law enforcement officers and intelligence analysts in fusion centers helps secure the homeland by involving such officers and analysts in the intelligence process on a daily basis, by helping them build professional relationships across every level and discipline of government and the private sector, and by ensuring that intelligence and other information, including threat assessment, public safety, law enforcement, public health, social service, and public works, is shared throughout and among relevant communities. Such local and tribal participation in fusion centers supports the efforts of all law enforcement agencies and departments to anticipate, identify, monitor, and prevent terrorist and related criminal activity.
(3) Some local and tribal law enforcement agencies and departments, however, lack resources to participate fully in fusion centers.
(4) Needs-based grant funding will maximize the participation of local and tribal law enforcement agencies and departments in fusion centers by reducing the costs associated with detailing officers and intelligence analysts to fusion centers. Consequently, such grant funding will not only promote the development of more effective, resourceful, and situationally aware fusion centers, but will also advance the cause of homeland security.
SEC. 702. FLEET GRANT PROGRAM.
(a) In General- Subtitle A of title II of the Homeland Security Act of 2002 is further amended by adding at the end the following new section:
`SEC. 203. FLEET GRANT PROGRAM.
`(a) Implementation Plan and Establishment-
`(1) IMPLEMENTATION PLAN- Not later than 90 days after the date of the enactment of the Implementing the 9/11 Commission Recommendations Act of 2007, the Secretary shall develop a Fusion and Law Enforcement Education and Teaming Grant Program (in this section referred to as the `FLEET Grant program') implementation plan and submit to the appropriate congressional committees a copy of such plan. In developing such plan, the Secretary shall consult with the Attorney General, the Bureau of Justice Assistance, and the Office of Community Oriented Policing of the Department of Justice and shall encourage the participation of fusion centers and local and tribal law enforcement agencies and departments in the development of such plan. Such plan shall include--
`(A) a clear articulation of the purposes, goals, and specific objectives for which the program is being developed;
`(B) an identification of program stakeholders and an assessment of their interests in and expectations for the program;
`(C) a developed set of quantitative metrics to measure, to the extent possible, program output; and
`(D) a developed set of qualitative instruments (e.g., surveys and expert interviews) to assess the extent to which stakeholders believe their needs and expectations are being met by the program.
`(2) ESTABLISHMENT- Not later than 180 days after the enactment of the Implementing the 9/11 Commission Recommendations Act of 2007, the Secretary shall implement and carry out a FLEET Grant program under which the Secretary, in consultation with the Attorney General, shall make grants to local and tribal law enforcement agencies and departments specified by the Secretary, in consultation with the Attorney General, for the purposes described in subsection (b). Subject to subsection (g), each such grant shall be made for a two-year period.
`(b) Use of Grant Amounts-
`(1) IN GENERAL- A grant made to a local or tribal law enforcement agency or department under subsection (a) shall be used to enable such agency or department to detail eligible law enforcement personnel to participate in a fusion center that serves the geographic area in which such agency or department is located, and may be used for the following purposes:
`(A) To hire new personnel, or to pay existing personnel, to perform the duties of eligible law enforcement personnel who are detailed to a fusion center during the absence of such detailed personnel.
`(B) To provide appropriate training, as determined and required by the Secretary, in consultation with the Attorney General, for eligible law enforcement personnel who are detailed to a fusion center.
`(C) To establish communications connectivity between eligible law enforcement personnel who are detailed to a fusion center and the home agency or department of such personnel in accordance with all applicable laws and regulations.
`(2) MANDATORY PRIVACY AND CIVIL LIBERTIES TRAINING- All eligible law enforcement personnel detailed to a fusion center under the FLEET Grant Program shall undergo appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer and the Officer for Civil Rights and Civil Liberties in partnership with the Privacy and Civil Liberties Oversight Board.
`(3) LIMITATION- A local or tribal law enforcement agency or department participating in the FLEET Grant program shall continue to provide a salary and benefits to any eligible law enforcement personnel detailed to a fusion center, in the same amounts and under the same conditions that such agency or department provides a salary and benefits to such personnel when not detailed to a fusion center. None of the funds provided by the FLEET grant program may be used to carry out this paragraph.
`(4) ELIGIBLE LAW ENFORCEMENT PERSONNEL DEFINED- For purposes of this section, the term `eligible law enforcement personnel' means any local or tribal law enforcement officer or intelligence analyst who meets each eligibility requirement specified by the Secretary. Such eligibility requirements shall include a requirement that the officer or analyst has at least two years of experience as a law enforcement officer or intelligence analyst with the local or tribal law enforcement agency or department selected to participate in the FLEET Grant program.
`(1) IN GENERAL- No grant may be made under subsection (a) unless an application for such grant has been submitted to, and approved by, the Secretary, in consultation with the Attorney General. Such an application shall be submitted in such form, manner, and time, and shall contain such information, as the Secretary, in consultation with the Attorney General, may prescribe by regulation or guidelines.
`(2) JOINT APPLICATIONS- A local or tribal law enforcement agency or department may file a joint grant application to detail eligible law enforcement personnel to a fusion center. Such application shall be--
`(A) for a single detailed officer or intelligence analyst, who shall be detailed to work at a fusion center on a full-time basis; or
`(B) in the case of participating local and tribal law enforcement agencies or departments for which a detail arrangement described in subparagraph (A) is likely to result in hardship due to a staffing shortage (as determined by the Secretary, in consultation with the Attorney General), for several eligible law enforcement personnel from multiple local or tribal law enforcement agencies or departments in the same geographic area, who shall be detailed to a fusion center, each on a part-time basis, as part of a shared detail arrangement, as long as--
`(i) any hours worked by a detailed officer or analyst at a fusion center in a shared detail arrangement shall be counted toward the hourly shift obligations of such officer or analyst at his or her local or tribal law enforcement agency or department; and
`(ii) no detailed officer or analyst working at a fusion center in a shared detail arrangement shall be required to regularly work more hours than the officer or analyst would otherwise work if the officer or analyst was not participating in the shared detail arrangement.
`(d) Distribution of Grants- In considering applications for grants under subsection (a), the Secretary, in consultation with the Attorney General, shall ensure that, to the extent practicable--
`(1) entities that receive such grants are representative of a broad cross-section of local and tribal law enforcement agencies and departments;
`(2) an appropriate geographic distribution of grants is made among urban, suburban, and rural communities; and
`(3) such grants are awarded based on consideration of any assessments of risk by the Department of Homeland Security.
`(e) Priority- The Secretary, in consultation with the Attorney General, shall issue regulations regarding the use of a sliding scale based on financial need to ensure that a local or tribal law enforcement agency or department that is eligible to receive a grant under subsection (a) and that demonstrates to the satisfaction of the Secretary, in consultation with the Attorney General, that it is in financial need (as determined by the Secretary, in consultation with the Attorney General) receives priority in receiving funds under this section.
`(1) IN GENERAL- Subject to paragraph (2), the portion of the costs of a program, project, or activity funded by a grant made to an entity under subsection (a) may not exceed 80 percent.
`(2) EXCEPTION- The Secretary, in consultation with the Attorney General, may waive, wholly or in part, the requirement under paragraph (1) of a non-Federal contribution to the costs of a program, project, or activity if the entity receiving the grant for such program, project, or activity can demonstrate to the satisfaction of the Secretary, in consultation with the Attorney General, that it would be a hardship for such entity to satisfy such requirement.
`(g) Renewal of Grants- A grant made to a local or tribal law enforcement agency or department under subsection (a) may be renewed on an annual basis for an additional year after the first two-year period during which the entity receives its initial grant, if--
`(1) the entity can demonstrate to the satisfaction of the Secretary, in consultation with the Attorney General, significant progress in achieving the objectives of the application for the initial grant involved; and
`(2) such renewal would not prevent another local or tribal law enforcement agency or department that has applied for a grant under subsection (a), has not previously received such a grant, and that would otherwise qualify for such a grant, from receiving such a grant, as determined by the Secretary, in consultation with the Attorney General.
`(h) Revocation or Suspension of Funding- If the Secretary, in consultation with the Attorney General, determines that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application submitted under subsection (c), the Secretary, in consultation with the Attorney General, may revoke or suspend funding of that grant, in whole or in part. In the case of a revocation or suspension of funds under this subsection based on a determination of fraud, waste, or abuse, with respect to a grant recipient, such grant recipient shall be required to refund the grant funds received under subsection (a) that are related to such fraud, waste, or abuse, respectively.
`(1) REPORTS TO SECRETARY- Each local or tribal law enforcement agency or department that receives a grant under subsection (a) shall submit to the Secretary and the Attorney General a report for each year such agency or department is a recipient of such grant. Each such report shall include a description and evaluation of each program, project, or activity funded by such grant.
`(2) REPORT TO CONGRESS- One year after the date of the implementation of the FLEET grant program, and biannually thereafter, the Secretary, in consultation with the Attorney General, shall submit to the appropriate congressional committees a report describing the implementation and progress of the FLEET Grant Program. Each such report shall include the following:
`(A) A list of the local and tribal law enforcement agencies and departments receiving grants.
`(B) Information on the grant amounts awarded to each such agency or department.
`(C) Information on the programs, projects, and activities for which the grant funds are used.
`(D) An evaluation of the effectiveness of the FLEET Grant program with respect to the cause of advancing homeland security, including--
`(i) concrete examples of enhanced information sharing and a description of any preventative law enforcement actions taken based on such information sharing;
`(ii) an evaluation of the effectiveness of the detail arrangements with FLEET Grant program grant recipients;
`(iii) an evaluation of how the FLEET Grant program benefits the fusion centers;
`(iv) a description of how individual law enforcement officers and intelligence analysts detailed to the fusion centers benefit from the detail experience; and
`(v) an evaluation of how the detail of the law enforcement officers and intelligence analysts assists the fusion centers in learning more about criminal or terrorist organizations operating within their areas of operation, including a description of any homeland security information requirements that were developed, or any homeland security information gaps that were filled, as a result of the detail arrangement.
`(E) An analysis of any areas of need, with respect to the advancement of homeland security, that could be addressed through additional funding or other legislative action.
`(j) Customer Satisfaction Surveys- The Secretary, in consultation with the Attorney General, shall create a mechanism for State, local, and tribal law enforcement officers and intelligence analysts who participate in the FLEET Grant program to fill out an electronic customer satisfaction survey, on an appropriate periodic basis, to assess the effectiveness of the FLEET Grant program with respect to improving information sharing. The results of these voluntary surveys shall be provided electronically to appropriate personnel at the Office of Grants and Training of the Department and at the Bureau of Justice Assistance and the Office of Community Oriented Policing of the Department of Justice. The results of these customer satisfaction surveys shall also be included in an appropriate format in the reports described in subsection (i).
`(k) Continuation Assessment- Five years after the date of the implementation of the FLEET Grant program, the Secretary, in consultation with the Attorney General, shall submit to the appropriate congressional committees a FLEET Grant program continuation assessment. Such continuation assessment shall--
`(1) recommend whether Congress should continue to authorize and fund the FLEET Grant program (as authorized under this section or with proposed changes), and provide the reasoning for such recommendation; and
`(2) if the Secretary recommends the continuation of the FLEET Grant program--
`(A) recommend any changes to the program which the Secretary, in consultation with the Attorney General, has identified as necessary to improve the program, and the reasons for any such changes;
`(B) list and describe legislative priorities for Congress relating to the continuation of the program; and
`(C) provide recommendations for the amounts of funding that should be appropriated for the continuation of the program in future fiscal years, including justifications for such amounts.
`(l) General Regulatory Authority- The Secretary, in consultation with the Attorney General, may promulgate regulations and guidelines to carry out this section.
`(m) Definitions- For the purposes of this section:
`(1) The term `local law enforcement agency or department' means a local municipal police department or a county sheriff's office in communities where there is no police department.
`(2) The term `tribal law enforcement agency or department' means the police force of an Indian tribe (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) established and maintained by such a tribe pursuant to the tribe's powers of self-government to carry out law enforcement.'.
(b) Definition of Fusion Center- Section 2 of such Act is amended by adding at the end the following new paragraph:
`(17) The terms `State, local, or regional fusion center' and `fusion center' mean a State intelligence center or a regional intelligence center that is the product of a collaborative effort of at least two qualifying agencies that provide resources, expertise, or information to such center with the goal of maximizing the ability of such intelligence center and the qualifying agencies participating in such intelligence center to provide and produce homeland security information required to detect, prevent, apprehend, and respond to terrorist and criminal activity. For purposes of the preceding sentence, qualifying agencies include--
`(A) State, local, and tribal law enforcement authorities, and homeland and public safety agencies;
`(B) State, local, and tribal entities responsible for the protection of public health and infrastructure;
`(C) private sector owners of critical infrastructure, as defined in section 1016(e) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e));
`(D) Federal law enforcement and homeland security entities; and
`(E) other appropriate entities specified by the Secretary.'.
(c) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 202 the following:
`Sec. 203. FLEET Grant Program.'.
Subtitle B--Border Intelligence Fusion Center Program
SEC. 711. FINDINGS.
Congress finds the following:
(1) The United States has 216 airports, 143 seaports, and 115 official land border crossings that are official ports of entry. Screening all the people and goods coming through these busy ports is an enormous resource challenge for the men and women of the Department of Homeland Security (`Department') .
(2) Department personnel, including personnel from the Bureau of Customs and Border Protection (`CBP') and U.S. Immigration and Customs Enforcement (`ICE'), cannot be everywhere at all times to ensure that terrorists, weapons of mass destruction, and other related contraband are not being smuggled across the border in order to support attacks against the United States.
(3) State, local, and tribal law enforcement personnel are uniquely situated to help secure the border areas in their respective jurisdictions by serving as `force multipliers'. To do so, however, law enforcement officers need access to available border intelligence developed by the Department. Such access shall help State, local, and tribal law enforcement personnel deploy their resources most effectively to detect and interdict terrorists, weapons of mass destruction, and related contraband at United States borders.
(4) The Department has not yet developed a single, easily accessible, and widely available system to consistently share border intelligence and other information with its State, local, and tribal law enforcement partners. It likewise has failed to establish a process by which State, local, and tribal law enforcement personnel can consistently share with the Department information that they obtain that is relevant to border security.
(5) As a result, State, local, and tribal law enforcement personnel serving jurisdictions along the northern and southern borders typically depend upon personal relationships with CBP and ICE personnel in their respective jurisdictions to get the information they need. While personal relationships have helped in some locales, they have not in others. This has led to an inconsistent sharing of border intelligence from jurisdiction to jurisdiction.
(6) State, local, and regional fusion centers (`fusion centers') may help improve this situation.
(7) In the wake of the terrorist attacks of September 11, 2001, numerous State, local, and tribal authorities responsible for the protection of the public and critical infrastructure established fusion centers to help prevent terrorist attacks while at the same time preparing to respond to and recover from a terrorist attack should one occur.
(8) Most border States have some variation of a fusion center.
(9) In general, while the Federal Government has helped to establish fusion centers through the Department's grants, a substantial percentage of the financial burden to support ongoing fusion center operations is borne by States and localities.
(10) The Department, and in particular, the Department's Office of Intelligence and Analysis, has undertaken a program through which it sends such office's personnel to fusion centers to establish a Department presence at those centers. In so doing, the hope is that such personnel will serve as a point of contact for information being shared at fusion centers by State, local, and tribal law enforcement personnel. Personnel at fusion centers hopefully will also act as a channel for information being shared by the Department itself.
(11) Border State, local, and tribal law enforcement officers anticipate that fusion centers will be a critical source of border intelligence from the Department. While the Department's border intelligence products generated in the District of Columbia and disseminated to fusion centers will undoubtedly be helpful, a far richer source of border intelligence will likely come from CBP and ICE personnel working locally in border jurisdictions themselves.
(12) Establishing a CBP and ICE presence at border State fusion centers will help ensure the most consistent, timely, and relevant flow of border intelligence to and from the Department and State, local, and tribal law enforcement in border communities. Border State fusion centers thus could serve as a tool to build upon the personal relationships and information sharing that exists in some, but not all, jurisdictions between CBP, ICE, and State, local, and tribal law enforcement.
SEC. 712. ESTABLISHMENT OF BORDER INTELLIGENCE FUSION CENTER PROGRAM.
(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 new section:
`SEC. 204. BORDER INTELLIGENCE FUSION CENTER PROGRAM.
`(1) IN GENERAL- There is established in the Department the Border Intelligence Fusion Center Program, to be administered by the Under Secretary for Intelligence and Analysis, for the purpose of stationing Bureau of Customs and Border Protection and U.S. Immigration and Customs Enforcement officers or intelligence analysts in the fusion centers of participating border States.
`(2) NEW HIRES- Funding provided under the Border Intelligence Fusion Center Program shall be available to hire new CBP and ICE officers or intelligence analysts to replace CBP and ICE officers or intelligence analysts who are stationed at border State fusion centers under this section.
`(1) IN GENERAL- The Secretary may develop qualifying criteria for a border state fusion center's participation in the Border Intelligence Fusion Center Program.
`(2) CRITERIA- Such criteria may include the following:
`(A) Whether the center focuses on a broad counterterrorism and counter-criminal approach, and whether that broad approach is pervasive through all levels of the organization.
`(B) Whether the center has sufficient numbers of adequately trained personnel to support a broad counterterrorism and counter-criminal mission.
`(C) Whether the center has access to relevant law enforcement, private sector, open source, and national security data, as well as the ability to share and analytically exploit such data for actionable ends in accordance with all applicable laws and regulations.
`(D) The entity or entities providing financial support for the center's funding.
`(E) Whether the center's leadership is committed to the fusion center's mission, and how the leadership sees the center's role in terrorism prevention, mitigation, response, and recovery.
`(c) Assignment- Wherever possible, not fewer than one CBP officer or intelligence analyst and one ICE officer or intelligence analyst shall be stationed at each participating border State fusion center.
`(1) PRIOR WORK EXPERIENCE IN AREA- To be stationed at a border State fusion center under this section, a CBP or ICE officer shall have served as a CBP or ICE officer in the State in which the fusion center where such officer shall be stationed is located for not less than two years before such assignment in order to ensure that such officer is familiar with the geography and people living in border communities, as well as the State, local, and tribal law enforcement agencies serving those communities.
`(2) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL LIBERTIES TRAINING- Before being stationed at a border State fusion center under this section, a CBP or ICE officer shall undergo--
`(A) appropriate intelligence analysis training via an intelligence-led policing curriculum that is consistent with the standards and recommendations of the National Criminal Intelligence Sharing Plan, the Department of Justice and Department Fusion Center Guidelines, title 28, part 23, Code of Federal Regulations, as well as any other training prescribed by the Under Secretary for Intelligence and Analysis; and
`(B) appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer and the Officer for Civil Rights and Civil Liberties in partnership with the Privacy and Civil Liberties Oversight Board.
`(3) EXPEDITED SECURITY CLEARANCE PROCESSING- The Under Secretary for Intelligence and Analysis shall ensure that security clearance processing is expedited for each CBP and ICE officer or intelligence analyst stationed at border State fusion centers under this section and shall ensure that such officer or analyst has the appropriate clearance to conduct the work of the Border Intelligence Fusion Center Program.
`(4) FURTHER QUALIFICATIONS- Each CBP and ICE officer or intelligence analyst stationed at a border State fusion center under this section shall satisfy any other qualifications the Under Secretary for Intelligence and Analysis may prescribe.
`(A) CREATION AND DISSEMINATION OF BORDER INTELLIGENCE PRODUCTS- CBP and ICE officers and intelligence analysts assigned to border State fusion centers under this section will help State, local, and tribal law enforcement in jurisdictions along the northern and southern borders, and border State fusion center staff, overlay threat and suspicious activity with Federal homeland security information in order to develop a more comprehensive and accurate threat picture. Such CBP and ICE officers and intelligence analysts accordingly shall have as their primary mission the review of border security-relevant information from State, local, and tribal law enforcement sources, and the creation of border intelligence products derived from such information and other border-security relevant information provided by the Department, and the dissemination of such products to border State, local, and tribal law enforcement. CBP and ICE officers or intelligence analysts assigned to border State fusion centers under this section shall also provide such products to the Office of Intelligence and Analysis of the Department for collection and dissemination to other fusion centers in other border States.
`(B) DATABASE ACCESS- In order to fulfill the objectives described in subparagraph (A), CBP and ICE officers and intelligence analysts stationed at border State fusion centers under this section shall have direct access to all relevant databases at their respective agencies.
`(C) CUSTOMER SATISFACTION SURVEYS- The Secretary shall create a mechanism for State, local, and tribal law enforcement officers who are consumers of the intelligence products described in subparagraph (A) to fill out an electronic customer satisfaction survey whenever they access such a product. The results of these voluntary surveys should be provided electronically to appropriate personnel of the Department. The results of these customer satisfaction surveys should also be included in an appropriate format in the annual status reports described in subsection (h)(2)(A).
`(2) CULTIVATION OF RELATIONSHIPS- CBP and ICE officers and intelligence analysts stationed at border State fusion centers under this section shall actively cultivate relationships with State, local, and tribal law enforcement personnel in border communities in order to satisfy the mission described in paragraph (1), and shall make similar outreach to Canadian and Mexican law enforcement authorities serving neighboring communities across the northern and southern borders. CBP and ICE officers and intelligence analysts stationed at border State fusion centers under this section may also serve as a conduit of border intelligence products from the Department itself and shall ensure that such products are provided to all appropriate law enforcement agencies, departments, and offices in border States.
`(f) Rule of Construction- Nothing in this section shall be construed to require a border State fusion center to participate in the Border Intelligence Fusion Center Program.
`(1) DEVELOPMENT OF IMPLEMENTATION PLAN-
`(A) IN GENERAL- Not later than 90 days after the date of the enactment of the Implementing the 9/11 Commission Recommendations Act of 2007, the Secretary shall develop a Border Intelligence Fusion Center Program implementation plan and submit to the appropriate congressional committees a copy of such plan. In developing such plan, the Secretary shall consult with State, local, and tribal authorities responsible for border State fusion centers.
`(B) CONTENTS- The implementation plan should also address the following elements for effective program assessment:
`(i) A clear articulation of the purposes, goals, and specific objectives for which the program is being developed.
`(ii) An identification of program stakeholders and an assessment of their interests in and expectations of the program.
`(iii) A developed set of quantitative metrics to measure, to the extent possible, program output.
`(iv) A developed set of qualitative instruments (e.g., surveys and expert interviews) to assess the extent to which stakeholders believe their needs and expectations are being met.
`(2) STATUS REPORTS AND CONTINUATION ASSESSMENT-
`(i) IN GENERAL- The Secretary shall submit to the appropriate congressional committees status reports on the Border Intelligence Fusion Center Program. The reports shall address the elements described in paragraph (1)(B). The reports shall also include the following:
`(I) A description of the training programs in place for CBP and ICE officers and intelligence analysts participating in the program.
`(II) A listing of the border State fusion centers where CBP and ICE officers and intelligence analysts are deployed.
`(III) A representative survey of State, local, and tribal law enforcement officers serving border jurisdictions regarding the specificity and actionable nature of the border intelligence provided by CBP and ICE officers at such fusion centers.
`(IV) A description of the results of the customer satisfaction surveys submitted by users of the products described in subsection (e)(1).
`(ii) DEADLINES- Status reports under clause (i) shall be submitted not later than--
`(I) one year after the date of the enactment of the Implementing the 9/11 Commission Recommendations Act of 2007; and