HR 1 RFS
110th CONGRESS
1st Session
H. R. 1
IN THE SENATE OF THE UNITED STATES
January 9, 2007
Received; read twice and referred to the Committee on Homeland Security and
Governmental Affairs
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 D