[110th CONGRESS House Bills]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: h1eh.txt]
[Engrossed in House]
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                 H. R. 1

_______________________________________________________________________

                                 AN ACT


 
    To provide for the implementation of the recommendations of the 
    National Commission on Terrorist Attacks Upon the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Implementing the 9/11 Commission 
Recommendations Act of 2007''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
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. 701. Findings.
Sec. 702. FLEET Grant program.
         Subtitle B--Border Intelligence Fusion Center Program

Sec. 711. Findings.
Sec. 712. Establishment of Border Intelligence Fusion Center Program.
     Subtitle C--Homeland Security Information Sharing Enhancement

Sec. 721. Short title.
Sec. 722. Homeland Security Advisory System.
Sec. 723. Homeland security information sharing.
     Subtitle D--Homeland Security Information Sharing Partnerships

Sec. 731. Short title.
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. 801. Short title.
Sec. 802. Findings.
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. 811. Short title.
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

Sec. 1201. Findings.
Sec. 1202. Definitions.
 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. 1252. Purposes.
Sec. 1253. Composition.
Sec. 1254. Responsibilities.
Sec. 1255. Powers.
Sec. 1256. Nonapplicability of Federal Advisory Committee Act.
Sec. 1257. Report.
Sec. 1258. Termination.
         TITLE XIII--NUCLEAR BLACK MARKET COUNTER-TERRORISM ACT

Sec. 1301. Short title.
Sec. 1302. Definitions.
      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. 1321. Findings.
Sec. 1322. Campaign by United States Government officials.
Sec. 1323. Coordination.
Sec. 1324. Report.
         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

Sec. 1441. Afghanistan.
Sec. 1442. Pakistan.
Sec. 1443. 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. 2001. Definitions.
``Sec. 2002. Faster and Smarter Funding for First Responders.
``Sec. 2003. Covered grant eligibility and criteria.
``Sec. 2004. Risk-based evaluation and prioritization.
``Sec. 2005. Use of funds and accountability requirements.'';
    and
            (5) by adding at the end the following:

                ``TITLE XX--FUNDING FOR FIRST RESPONDERS

``SEC. 2001. DEFINITIONS.

    ``In this title:
            ``(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.

    ``(a) Grant Eligibility.--
            ``(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.
                    ``(E) Emergency services.
                    ``(F) Energy.
                    ``(G) Government facilities.
                    ``(H) Postal and shipping.
                    ``(I) Public health and health care.
                    ``(J) Information technology.
                    ``(K) Telecommunications.
                    ``(L) Transportation systems.
                    ``(M) Water.
                    ``(N) Dams.
                    ``(O) Commercial facilities.
                    ``(P) National monuments and icons.
        The order in which the critical infrastructure sectors are 
        listed in this paragraph shall not be construed as an order of 
        priority for consideration of the importance of such sectors.
            ``(3) Types of threat.--The 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:
                    ``(A) Biological threats.
                    ``(B) Nuclear threats.
                    ``(C) Radiological threats.
                    ``(D) Incendiary threats.
                    ``(E) Chemical threats.
                    ``(F) Explosives.
                    ``(G) Suicide bombers.
                    ``(H) Cyber threats.
                    ``(I) Any other threats based on proximity to 
                specific past acts of terrorism or the known activity 
                of any terrorist group.
        The order in which the types of threat are listed in this 
        paragraph shall not be construed as an order of priority for 
        consideration of the importance of such threats.
            ``(4) Consideration of additional factors.--The 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;
            ``(3) to acquire land; or
            ``(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.
            ``(2) Cost sharing.--
                    ``(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
            ``(3) describing--
                    ``(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.
            ``(3) Regulations.--
                    ``(A) Interim final rule.--The Secretary of 
                Homeland Security may issue an interim final rule as a 
                temporary regulation to implement this subsection 
                without regard to the provisions of chapter 5 of title 
                5.
                    ``(B) Final rule.--
                            ``(i) In general.--If the Secretary issues 
                        an interim final rule under subparagraph (A), 
                        the Secretary shall issue, not later than one 
                        year after the effective date of the interim 
                        final rule, a final rule as a permanent 
                        regulation to implement this subsection in 
                        accordance with the provisions of chapter 5 of 
                        title 5.
                            ``(ii) Failure to act.--If the Secretary 
                        does not issue a final rule in accordance with 
                        clause (i) on or before the last day of the 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).''.
            (3) Effective date.--
                    (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.
    (c) Report to Congress.--
            (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.--
            (1) Regulations.--
                    (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:
                    (A) One Director.
                    (B) One Deputy Director for Smuggling.
                    (C) One Deputy Director for Trafficking.
                    (D) One Deputy Director for Terrorist Travel.
                    (E) Not fewer than 15 intelligence analysts or 
                Special Agents, to include the following:
                            (i) Not fewer than ten such analysts or 
                        Agents shall be intelligence analysts or law 
                        enforcement agents who shall be detailed from 
                        entities within the Department of Homeland 
                        Security with human smuggling and trafficking 
                        related responsibilities, as determined by the 
                        Secretary.
                            (ii) Not fewer than one full time 
                        professional staff detailee from each of the 
                        United States Coast Guard, United States 
                        Immigration and Customs Enforcement, United 
                        States Customs and Border Protection, 
                        Transportation Security Administration, and the 
                        Office of Intelligence and Analysis.
            (2) Requirements.--Intelligence analysts or Special Agents 
        detailed to the Center under paragraph (1)(E) shall have at 
        least three years experience related to human smuggling or 
        human trafficking.
            (3) Duration of assignment.--An intelligence analyst or 
        Special Agent detailed to the Center under paragraph (1)(E) 
        shall be detailed for a period of not less than two years.
    (c) Funding Reimbursement.--In operating the Center, the Secretary 
of Homeland Security shall act in accordance with all applicable 
requirements of the Economy Act (31 U.S.C. 1535), and shall seek 
reimbursement from the Attorney General and the Secretary of State, in 
such amount or proportion as is appropriate, for costs associated with 
the participation of the Department of Justice and the Department of 
State in the operation of the Center.
    (d) Development of Plan.--The Secretary of Homeland Security shall 
develop a plan for the Center that--
            (1) defines the roles and responsibilities of each 
        Department participating in the Center;
            (2) describes how the Department of Homeland Security shall 
        utilize its resources to ensure that the Center uses 
        intelligence to focus and drive its efforts;
            (3) describes the mechanism for the sharing of information 
        from United States Immigration and Customs Enforcement and 
        United States Customs and Border Protection field offices to 
        the Center;
            (4) describes the mechanism for the sharing of homeland 
        security information from the Center to the Office of 
        Intelligence and Analysis, including how such sharing shall be 
        consistent with section 1016(b) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (Public Law 108-458);
            (5) establishes reciprocal security clearance status to 
        other participating agencies in the Center in order to ensure 
        full access to necessary databases;
            (6) establishes or consolidates networked systems for the 
        Center; and
            (7) ensures that the assignment of personnel to the Center 
        from agencies of the Department of Homeland Security is 
        incorporated into the civil service career path of such 
        personnel.
    (e) Memorandum of Understanding.--The Secretary of Homeland 
Security shall execute with the Attorney General a Memorandum of 
Understanding in order to clarify cooperation and coordination between 
United States Immigration and Customs Enforcement and the Federal 
Bureau of Investigation regarding issues related to human smuggling, 
human trafficking, and terrorist travel.
    (f) Coordination With the Office of Intelligence and Analysis.--The 
Office of Intelligence and Analysis, in coordination with the Center, 
shall submit to Federal, State, local, and tribal law enforcement and 
other relevant agencies periodic reports regarding terrorist threats 
related to human smuggling, human trafficking, and terrorist travel.

  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.
    ``(c) Applications.--
            ``(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.
    ``(f) Matching Funds.--
            ``(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.
    ``(i) Reports.--
            ``(1) Reports to secretary.--Each local or tribal law 
        enforcement agency or department that receives a grant under 
        subsection (a) shall submit to the Secretary and the Attorney 
        General a report for each year such agency or department is a 
        recipient of such grant. Each such report shall include a 
        description and evaluation of each program, project, or 
        activity funded by such grant.
            ``(2) Report to congress.--One year after the date of the 
        implementation of the FLEET grant program, and biannually 
        thereafter, the Secretary, in consultation with the Attorney 
        General, shall submit to the appropriate congressional 
        committees a report describing the implementation and progress 
        of the FLEET Grant Program. Each such report shall include the 
        following:
                    ``(A) A list of the local and tribal law 
                enforcement agencies and departments receiving grants.
                    ``(B) Information on the grant amounts awarded to 
                each such agency or department.
                    ``(C) Information on the programs, projects, and 
                activities for which the grant funds are used.
                    ``(D) An evaluation of the effectiveness of the 
                FLEET Grant program with respect to the cause of 
                advancing homeland security, including--
                            ``(i) concrete examples of enhanced 
                        information sharing and a description of any 
                        preventative law enforcement actions taken 
                        based on such information sharing;
                            ``(ii) an evaluation of the effectiveness 
                        of the detail arrangements with FLEET Grant 
                        program grant recipients;
                            ``(iii) an evaluation of how the FLEET 
                        Grant program benefits the fusion centers;
                            ``(iv) a description of how individual law 
                        enforcement officers and intelligence analysts 
                        detailed to the fusion centers benefit from the 
                        detail experience; and
                            ``(v) an evaluation of how the detail of 
                        the law enforcement officers and intelligence 
                        analysts assists the fusion centers in learning 
                        more about criminal or terrorist organizations 
                        operating within their areas of operation, 
                        including a description of any homeland 
                        security information requirements that were 
                        developed, or any homeland security information 
                        gaps that were filled, as a result of the 
                        detail arrangement.
                    ``(E) An analysis of any areas of need, with 
                respect to the advancement of homeland security, that 
                could be addressed through additional funding or other 
                legislative action.
    ``(j) Customer Satisfaction Surveys.--The Secretary, in 
consultation with the Attorney General, shall create a mechanism for 
State, local, and tribal law enforcement officers and intelligence 
analysts who participate in the FLEET Grant program to fill out an 
electronic customer satisfaction survey, on an appropriate periodic 
basis, to assess the effectiveness of the FLEET Grant program with 
respect to improving information sharing. The results of these 
voluntary surveys shall be provided electronically to appropriate 
personnel at the Office of Grants and Training of the Department and at 
the Bureau of Justice Assistance and the Office of Community Oriented 
Policing of the Department of Justice. The results of these customer 
satisfaction surveys shall also be included in an appropriate format in 
the reports described in subsection (i).
    ``(k) Continuation Assessment.--Five years after the date of the 
implementation of the FLEET Grant program, the Secretary, in 
consultation with the Attorney General, shall submit to the appropriate 
congressional committees a FLEET Grant program continuation assessment. 
Such continuation assessment shall--
            ``(1) recommend whether Congress should continue to 
        authorize and fund the FLEET Grant program (as authorized under 
        this section or with proposed changes), and provide the 
        reasoning for such recommendation; and
            ``(2) if the Secretary recommends the continuation of the 
        FLEET Grant program--
                    ``(A) recommend any changes to the program which 
                the Secretary, in consultation with the Attorney 
                General, has identified as necessary to improve the 
                program, and the reasons for any such changes;
                    ``(B) list and describe legislative priorities for 
                Congress relating to the continuation of the program; 
                and
                    ``(C) provide recommendations for the amounts of 
                funding that should be appropriated for the 
                continuation of the program in future fiscal years, 
                including justifications for such amounts.
    ``(l) General Regulatory Authority.--The Secretary, in consultation 
with the Attorney General, may promulgate regulations and guidelines to 
carry out this section.
    ``(m) Definitions.--For the purposes of this section:
            ``(1) The term `local law enforcement agency or department' 
        means a local municipal police department or a county sheriff's 
        office in communities where there is no police department.
            ``(2) The term `tribal law enforcement agency or 
        department' means the police force of an Indian tribe (as such 
        term is defined in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b)) established and 
        maintained by such a tribe pursuant to the tribe's powers of 
        self-government to carry out law enforcement.''.
    (b) Definition of Fusion Center.--Section 2 of such Act is amended 
by adding at the end the following new paragraph:
            ``(17) The terms `State, local, or regional fusion center' 
        and `fusion center' mean a State intelligence center or a 
        regional intelligence center that is the product of a 
        collaborative effort of at least two qualifying agencies that 
        provide resources, expertise, or information to such center 
        with the goal of maximizing the ability of such intelligence 
        center and the qualifying agencies participating in such 
        intelligence center to provide and produce homeland security 
        information required to detect, prevent, apprehend, and respond 
        to terrorist and criminal activity. For purposes of the 
        preceding sentence, qualifying agencies include--
                    ``(A) State, local, and tribal law enforcement 
                authorities, and homeland and public safety agencies;
                    ``(B) State, local, and tribal entities responsible 
                for the protection of public health and infrastructure;
                    ``(C) private sector owners of critical 
                infrastructure, as defined in section 1016(e) of the 
                Uniting and Strengthening America by Providing 
                Appropriate Tools Required to Intercept and Obstruct 
                Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 
                5195c(e));
                    ``(D) Federal law enforcement and homeland security 
                entities; and
                    ``(E) other appropriate entities specified by the 
                Secretary.''.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 202 
the following:

``Sec. 203. FLEET Grant Program.''.

         Subtitle B--Border Intelligence Fusion Center Program

SEC. 711. FINDINGS.

    Congress finds the following:
            (1) The United States has 216 airports, 143 seaports, and 
        115 official land border crossings that are official ports of 
        entry. Screening all the people and goods coming through these 
        busy ports is an enormous resource challenge for the men and 
        women of the Department of Homeland Security (``Department'') .
            (2) Department personnel, including personnel from the 
        Bureau of Customs and Border Protection (``CBP'') and U.S. 
        Immigration and Customs Enforcement (``ICE''), cannot be 
        everywhere at all times to ensure that terrorists, weapons of 
        mass destruction, and other related contraband are not being 
        smuggled across the border in order to support attacks against 
        the United States.
            (3) State, local, and tribal law enforcement personnel are 
        uniquely situated to help secure the border areas in their 
        respective jurisdictions by serving as ``force multipliers''. 
        To do so, however, law enforcement officers need access to 
        available border intelligence developed by the Department. Such 
        access shall help State, local, and tribal law enforcement 
        personnel deploy their resources most effectively to detect and 
        interdict terrorists, weapons of mass destruction, and related 
        contraband at United States borders.
            (4) The Department has not yet developed a single, easily 
        accessible, and widely available system to consistently share 
        border intelligence and other information with its State, 
        local, and tribal law enforcement partners. It likewise has 
        failed to establish a process by which State, local, and tribal 
        law enforcement personnel can consistently share with the 
        Department information that they obtain that is relevant to 
        border security.
            (5) As a result, State, local, and tribal law enforcement 
        personnel serving jurisdictions along the northern and southern 
        borders typically depend upon personal relationships with CBP 
        and ICE personnel in their respective jurisdictions to get the 
        information they need. While personal relationships have helped 
        in some locales, they have not in others. This has led to an 
        inconsistent sharing of border intelligence from jurisdiction 
        to jurisdiction.
            (6) State, local, and regional fusion centers (``fusion 
        centers'') may help improve this situation.
            (7) In the wake of the terrorist attacks of September 11, 
        2001, numerous State, local, and tribal authorities responsible 
        for the protection of the public and critical infrastructure 
        established fusion centers to help prevent terrorist attacks 
        while at the same time preparing to respond to and recover from 
        a terrorist attack should one occur.
            (8) Most border States have some variation of a fusion 
        center.
            (9) In general, while the Federal Government has helped to 
        establish fusion centers through the Department's grants, a 
        substantial percentage of the financial burden to support 
        ongoing fusion center operations is borne by States and 
        localities.
            (10) The Department, and in particular, the Department's 
        Office of Intelligence and Analysis, has undertaken a program 
        through which it sends such office's personnel to fusion 
        centers to establish a Department presence at those centers. In 
        so doing, the hope is that such personnel will serve as a point 
        of contact for information being shared at fusion centers by 
        State, local, and tribal law enforcement personnel. Personnel 
        at fusion centers hopefully will also act as a channel for 
        information being shared by the Department itself.
            (11) Border State, local, and tribal law enforcement 
        officers anticipate that fusion centers will be a critical 
        source of border intelligence from the Department. While the 
        Department's border intelligence products generated in the 
        District of Columbia and disseminated to fusion centers will 
        undoubtedly be helpful, a far richer source of border 
        intelligence will likely come from CBP and ICE personnel 
        working locally in border jurisdictions themselves.
            (12) Establishing a CBP and ICE presence at border State 
        fusion centers will help ensure the most consistent, timely, 
        and relevant flow of border intelligence to and from the 
        Department and State, local, and tribal law enforcement in 
        border communities. Border State fusion centers thus could 
        serve as a tool to build upon the personal relationships and 
        information sharing that exists in some, but not all, 
        jurisdictions between CBP, ICE, and State, local, and tribal 
        law enforcement.

SEC. 712. ESTABLISHMENT OF BORDER INTELLIGENCE FUSION CENTER PROGRAM.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the 
end the following new section:

``SEC. 204. BORDER INTELLIGENCE FUSION CENTER PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--There is established in the Department 
        the Border Intelligence Fusion Center Program, to be 
        administered by the Under Secretary for Intelligence and 
        Analysis, for the purpose of stationing Bureau of Customs and 
        Border Protection and U.S. Immigration and Customs Enforcement 
        officers or intelligence analysts in the fusion centers of 
        participating border States.
            ``(2) New hires.--Funding provided under the Border 
        Intelligence Fusion Center Program shall be available to hire 
        new CBP and ICE officers or intelligence analysts to replace 
        CBP and ICE officers or intelligence analysts who are stationed 
        at border State fusion centers under this section.
    ``(b) Participation.--
            ``(1) In general.--The Secretary may develop qualifying 
        criteria for a border state fusion center's participation in 
        the Border Intelligence Fusion Center Program.
            ``(2) Criteria.--Such criteria may include the following:
                    ``(A) Whether the center focuses on a broad 
                counterterrorism and counter-criminal approach, and 
                whether that broad approach is pervasive through all 
                levels of the organization.
                    ``(B) Whether the center has sufficient numbers of 
                adequately trained personnel to support a broad 
                counterterrorism and counter-criminal mission.
                    ``(C) Whether the center has access to relevant law 
                enforcement, private secto