ments that apply within the State, region, or di-
rectly eligible tribe, as applicable, during the 
previous fiscal year. 
‘‘(C) How the funds were utilized by each 
ultimate recipient or beneficiary during the pre-
ceding fiscal year. 
‘‘(D) The extent to which capabilities iden-
tified in the applicable State homeland security 
plan or plans were achieved, maintained, or en-
hanced as the result of the expenditure of grant 
funds during the preceding fiscal year. 
‘‘(E) The extent to which capabilities iden-
tified 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 Sec-
retary an annex to the annual report under para-
graph (5) that is subject to appropriate handling re-
strictions, 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 cov-
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ered 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 sub-
section (g)(1); 
‘‘(B) terminate payment of funds under 
the grant to the recipient, and transfer the ap-
propriate portion of those funds directly to local 
first responders that were intended to receive 
funding under that grant; or 
‘‘(C) impose additional restrictions or bur-
dens 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 sub-
section (g)(1); or 
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‘‘(iii) for each day that the grant re-
cipient fails to pass through funds or re-
sources 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 detri-
mental impact on such entities’ terrorism prepared-
ness efforts. 
‘‘(3) PROVISION
OF
NON-LOCAL
SHARE
TO 
LOCAL GOVERNMENT.— 
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‘‘(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 enhance-
ments to its terrorism preparedness as de-
scribed 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 govern-
ment must demonstrate that— 
‘‘(i) it is identified explicitly as an ul-
timate 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 identi-
fied in the grant application; 
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‘‘(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 para-
graph; and 
‘‘(ii) shall not prejudice consideration 
of a request for payment under this para-
graph that is submitted by another local 
government. 
‘‘(D) DEADLINE
FOR
ACTION
BY
SEC-
RETARY.—The Secretary shall approve or dis-
approve each request for payment under this 
paragraph by not later than 15 days after the 
date the request is received by the Department. 
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‘‘(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 es-
tablished by the Secretary as a result of the ex-
penditure of covered grant funds during the 
preceding fiscal year; and 
‘‘(B) an estimate of the amount of expend-
itures required to attain across the United 
States the essential capabilities established by 
the Secretary.’’. 
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TITLE 
II—ENSURING 
COMMU-
NICATIONS 
INTEROPER-
ABILITY 
FOR 
FIRST 
RE-
SPONDERS 
SEC. 201. IMPROVE COMMUNICATIONS FOR EMERGENCY 
RESPONSE GRANT PROGRAM. 
(a) ESTABLISHMENT.—Title V of the Homeland Se-
curity 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 Com-
munications, 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 initia-
tives to achieve solutions to statewide, regional, national, 
and, where appropriate, international interoperability. 
‘‘(b) USE OF GRANT FUNDS.—A State or region re-
ceiving 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— 
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‘‘(1) statewide or regional communications 
planning; 
‘‘(2) design and engineering for interoperable 
emergency communications systems; 
‘‘(3) procurement and installation of interoper-
able 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 inter-
operable emergency communications; and 
‘‘(7) other activities determined by the Sec-
retary to be integral to interoperable emergency 
communications. 
‘‘(c) REGION DEFINED.—For the purposes of this 
section, the term ‘region’ means any combination of con-
tiguous local government units, including such a combina-
tion established by law or mutual aid agreement between 
two or more local governments or governmental agen-
cies.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Home-
land Security for grants under section 522 of the Home-
land Security Act of 2002, as added by subsection (a)— 
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(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 Communica-
tions 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 as-
sessment 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, deter-
mines and notifies Congress that substantial 
progress has been made towards the develop-
ment 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. 
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(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 Pro-
gram.’’. 
TITLE III—STRENGTHENING USE 
OF A UNIFIED INCIDENT COM-
MAND DURING EMERGENCIES 
SEC. 301. NATIONAL EXERCISE PROGRAM DESIGN. 
Section 648(b)(2)(A) of the Department of Home-
land Security Appropriations Act, 2007 (Public Law 109– 
295) is amended by striking clauses (iv) and (v) and in-
serting the following: 
‘‘(iv) designed to provide for system-
atic 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’’. 
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SEC. 302. NATIONAL EXERCISE PROGRAM MODEL EXER-
CISES. 
Section 648(b)(2)(B) of the Department of Home-
land 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 ex-
ercises that State, local, and tribal governments 
can readily adapt for use, and shall provide as-
sistance 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 ADMINISTRA-
TORS OF THE FEDERAL EMERGENCY MAN-
AGEMENT AGENCY. 
Section 507(c)(2) of the Homeland Security Act of 
2002 (enacted by section 611 of the Department of Home-
land Security Appropriations Act, 2007 (Public Law 109– 
295)) is amended by striking ‘‘and’’ after the semicolon 
at the end of subparagraph (H), by redesignating subpara-
graph (I) as subparagraph (J), and by inserting after sub-
paragraph (H) the following: 
‘‘(I) assisting State, local, or tribal govern-
ments, where appropriate, to pre-identify and 
evaluate suitable sites where a multi-jurisdic-
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tional 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 In-
telligence 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 imple-
mentation 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’’. 
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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 de-
posited in the Fund. 
‘‘(3) FEES.—The Secretary of Homeland Secu-
rity 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 check-
points to detect explosives.’’. 
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SEC. 404. STRENGTHENING EXPLOSIVE DETECTION AT AIR-
PORT 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 SE-
CURITY 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 PAS-
SENGER 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 fol-
lowing: 
‘‘(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 
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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 re-
ferred to in paragraph (1) shall require, at a min-
imum, that equipment, technology, procedures, and 
personnel are used to inspect cargo carried on pas-
senger aircraft to provide a level of security equiva-
lent to the level of security for the inspection of pas-
senger checked baggage as follows: 
‘‘(A) 35 percent of such cargo is so in-
spected by the end of fiscal year 2007. 
‘‘(B) 65 percent of such cargo is so in-
spected by the end of fiscal year 2008. 
‘‘(C) 100 percent of such cargo is so in-
spected by the end of fiscal year 2009. 
‘‘(3) REGULATIONS.— 
‘‘(A) INTERIM
FINAL
RULE.—The Sec-
retary of Homeland Security may issue an in-
terim final rule as a temporary regulation to 
implement this subsection without regard to the 
provisions of chapter 5 of title 5. 
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‘‘(B) FINAL RULE.— 
‘‘(i) IN
GENERAL.—If the Secretary 
issues an interim final rule under subpara-
graph (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 provi-
sions of chapter 5 of title 5. 
‘‘(ii) FAILURE TO ACT.—If the Sec-
retary does not issue a final rule in accord-
ance 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 effec-
tive after the last day of such period. 
‘‘(iii) 
SUPERCEDING
OF
INTERIM 
FINAL RULE.—The final rule issued in ac-
cordance with this subparagraph shall su-
persede 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 re-
port that describes the system.’’. 
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(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 sub-
mit to the appropriate committees of Congress 
and to the Comptroller General a report regard-
ing 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 exemp-
tion, respectively, should the Secretary 
choose to take such action; and 
(v) plans and rationale for maintain-
ing, changing, or eliminating each exemp-
tion. 
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(2) GAO ASSESSMENT.—Not later than 120 
days after the date on which the report under para-
graph (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 PAS-
SENGERS WRONGLY DELAYED OR PROHIB-
ITED 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 PAS-
SENGERS WRONGLY DELAYED OR PROHIB-
ITED 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 commer-
cial aircraft because they were wrongly identified as a 
threat under the regimes utilized by the Transportation 
Security Administration, the Bureau of Customs and Bor-
der Protection, or any other Department entity. 
‘‘(b) OFFICE OF APPEALS AND REDRESS.— 
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‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish 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 in-
formation. 
‘‘(3) 
INFORMATION.—To 
prevent 
repeated 
delays of a misidentified passenger or other indi-
vidual, the Office of Appeals and Redress shall— 
‘‘(A) ensure that the records maintained 
under this subsection contain information deter-
mined by the Secretary to authenticate the 
identity of such a passenger or individual; and 
‘‘(B) furnish to the Transportation Secu-
rity Administration, the Bureau of Customs 
and Border Protection, or any other appro-
priate Department entity, upon request, such 
information as may be necessary to allow such 
agencies to assist air carriers in improving their 
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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 pro-
hibited from boarding a flight.’’. 
SEC. 408. TRANSPORTATION SECURITY ADMINISTRATION 
PERSONNEL MANAGEMENT. 
(a) ELIMINATION OF CERTAIN PERSONNEL MANAGE-
MENT AUTHORITIES.—Effective 90 days after the date of 
the enactment of this Act— 
(1) section 111(d) of the Aviation and Trans-
portation Security Act (49 U.S.C. 44935 note) is re-
pealed and any authority of the Secretary of Home-
land Security derived from such section 111(d) shall 
terminate; 
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(2) any personnel management system, to the 
extent established or modified pursuant to such sec-
tion 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 em-
ployees are subject to the same personnel manage-
ment system as described in subsection (e)(1) or 
(e)(2). 
(b) ESTABLISHMENT OF CERTAIN UNIFORMITY RE-
QUIREMENTS.— 
(1) SYSTEM UNDER SUBSECTION (e)(1).—The 
Secretary shall, with respect to any personnel man-
agement 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).—Sec-
tion 9701(b) of title 5, United States Code, is 
amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (4); 
(B) by striking the period at the end of 
paragraph (5) and inserting ‘‘; and’’; and 
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(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 Recommenda-
tions 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 in-
volved. 
(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 
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Homeland Security and Governmental Affairs of the 
Senate a report on— 
(A) the pay system that applies with re-
spect 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 re-
quired under paragraph (1) shall include— 
(A) a brief description of each pay system 
described in paragraphs (1)(A) and (1)(B), re-
spectively; 
(B) a comparison of the relative advan-
tages 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 De-
partment of Transportation to the Department of 
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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 func-
tions that were transferred from the Transportation 
Security Administration of the Department of 
Transportation to the Secretary by such section. 
(e) 
PERSONNEL
MANAGEMENT
SYSTEM
DE-
SCRIBED.—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 em-
ployees 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 AD-
VANCED PASSENGER PRESCREENING SYS-
TEM. 
Not later than 90 days after the date of the enact-
ment of the Act, the Secretary of Homeland Security shall 
submit to Congress a plan that— 
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(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 Se-
curity (Transportation Security Administration), to 
the automatic selectee and no fly lists, utilizing ap-
propriate records in the consolidated and integrated 
terrorist watchlist maintained by the Federal Gov-
ernment; 
(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 inter-
national flights; and 
(4) describes how the system complies with sec-
tion 552a of title 5, United States Code. 
TITLE V—STRENGTHENING THE 
SECURITY OF CARGO CON-
TAINERS 
SEC. 501. REQUIREMENTS RELATING TO ENTRY OF CON-
TAINERS 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: 
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‘‘(c) REQUIREMENTS RELATING TO ENTRY OF CON-
TAINERS.— 
‘‘(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 equip-
ment that meets the standards established pur-
suant 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 Sec-
retary 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 estab-
lish standards for seals required to be used 
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under paragraph (1)(B) to ensure that such 
seals use the best-available technology, includ-
ing technology to detect any breach into a con-
tainer and identify the time of such breach. 
‘‘(C) REVIEW
AND
REVISION.—The Sec-
retary shall— 
‘‘(i) review and, if necessary, revise 
the standards established pursuant to sub-
paragraphs (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. 
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‘‘(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 sub-
section (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. 
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(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 begin-
ning 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 
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were loaded on vessels for shipping to the 
United States in 2005; and 
(ii) the end of the 5-year period begin-
ning 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 ex-
tend 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 sub-
section (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
STAND-
ARDS.—The Secretary, in consultation with the Secretary 
of State, is encouraged to promote and establish inter-
national standards for the security of containers moving 
through the international supply chain with foreign gov-
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ernments and international organizations, including the 
International Maritime Organization and the World Cus-
toms Organization. 
(e) INTERNATIONAL TRADE AND OTHER OBLIGA-
TIONS.—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 Fed-
eral departments and agencies and private sector stake-
holders to ensure that actions under such section do not 
violate international trade obligations or other inter-
national obligations of the United States. 
TITLE VI—STRENGTHENING EF-
FORTS 
TO 
PREVENT 
TER-
RORIST TRAVEL 
Subtitle A—Human Smuggling and 
Trafficking Center Improvements 
SEC. 601. STRENGTHENING THE CAPABILITIES OF THE 
HUMAN SMUGGLING AND TRAFFICKING CEN-
TER. 
(a) IN GENERAL.—The Secretary, acting through the 
Assistant Secretary of Homeland Security for United 
States Immigration and Customs Enforcement, shall pro-
vide to the Human Smuggling and Trafficking Center (in 
this section referred to as the ‘‘Center’’) the administra-
tive support and funding required for its maintenance, in-
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cluding funding for personnel, leasing of office space, sup-
plies, 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 Cen-
ter, 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 de-
tailed from entities within the Department 
of Homeland Security with human smug-
gling and trafficking related responsibil-
ities, as determined by the Secretary. 
(ii) Not fewer than one full time pro-
fessional staff detailee from each of the 
United States Coast Guard, United States 
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Immigration and Customs Enforcement, 
United States Customs and Border Protec-
tion, Transportation Security Administra-
tion, and the Office of Intelligence and 
Analysis. 
(2) REQUIREMENTS.—Intelligence analysts or 
Special Agents detailed to the Center under para-
graph (1)(E) shall have at least three years experi-
ence related to human smuggling or human traf-
ficking. 
(3) DURATION
OF
ASSIGNMENT.—An intel-
ligence analyst or Special Agent detailed to the Cen-
ter 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 Econ-
omy 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 as-
sociated with the participation of the Department of Jus-
tice and the Department of State in the operation of the 
Center. 
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(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 ef-
forts; 
(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 sta-
tus to other participating agencies in the Center in 
order to ensure full access to necessary databases; 
(6) establishes or consolidates networked sys-
tems for the Center; and 
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(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 Sec-
retary of Homeland Security shall execute with the Attor-
ney 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 INTEL-
LIGENCE 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. 
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Subtitle B—International Collabo-
ration 
to 
Prevent 
Terrorist 
Travel 
SEC. 611. REPORT ON INTERNATIONAL COLLABORATION 
TO INCREASE BORDER SECURITY, ENHANCE 
GLOBAL 
DOCUMENT 
SECURITY, 
AND 
EX-
CHANGE 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 con-
junction with the Director of National Intelligence and the 
heads of other appropriate Federal departments and agen-
cies, shall submit to the appropriate congressional commit-
tees 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 informa-
tion. 
(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); 
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(2) the goals and objectives of each of these ef-
forts; 
(3) the progress made in each of these efforts; 
and 
(4) the projected timelines for each of these ef-
forts to become fully functional and effective. 
(c) DEFINITION.—In this section, the term ‘‘appro-
priate 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 Se-
lect 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 IMPLEMENTA-
TION. 
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 Home-
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land Security and Governmental Affairs and the Com-
mittee 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 INTEL-
LIGENCE AND INFORMATION 
SHARING WITH LOCAL LAW 
ENFORCEMENT 
AND 
FIRST 
RESPONDERS 
Subtitle A—Fusion and Law En-
forcement 
Education 
and 
Teaming (FLEET) Grant Pro-
gram 
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 intel-
ligence process, in which information is collected, in-
tegrated, evaluated, analyzed, and disseminated. The 
Federal Government and nontraditional sources of 
intelligence information—such as public safety enti-
ties at the State, local, and tribal levels, and private 
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sector organizations—all possess valuable informa-
tion 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 ac-
tivity. 
(2) Participation by local and tribal law en-
forcement 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 rela-
tionships across every level and discipline of govern-
ment 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 sup-
ports 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 agen-
cies and departments, however, lack resources to 
participate fully in fusion centers. 
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(4) Needs-based grant funding will maximize 
the participation of local and tribal law enforcement 
agencies and departments in fusion centers by re-
ducing the costs associated with detailing officers 
and intelligence analysts to fusion centers. Con-
sequently, such grant funding will not only promote 
the development of more effective, resourceful, and 
situationally aware fusion centers, but will also ad-
vance the cause of homeland security. 
SEC. 702. FLEET GRANT PROGRAM. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land 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
ESTABLISH-
MENT.— 
‘‘(1) IMPLEMENTATION PLAN.—Not later than 
90 days after the date of the enactment of the Im-
plementing 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 
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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 fu-
sion 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 pro-
gram is being developed; 
‘‘(B) an identification of program stake-
holders 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, pro-
gram output; and 
‘‘(D) a developed set of qualitative instru-
ments (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 
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Grant program under which the Secretary, in con-
sultation with the Attorney General, shall make 
grants to local and tribal law enforcement agencies 
and departments specified by the Secretary, in con-
sultation with the Attorney General, for the pur-
poses described in subsection (b). Subject to sub-
section (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 per-
sonnel to participate in a fusion center that serves 
the geographic area in which such agency or depart-
ment is located, and may be used for the following 
purposes: 
‘‘(A) To hire new personnel, or to pay ex-
isting personnel, to perform the duties of eligi-
ble 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 eli-
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gible law enforcement personnel who are de-
tailed 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
LIB-
ERTIES TRAINING.—All eligible law enforcement per-
sonnel detailed to a fusion center under the FLEET 
Grant Program shall undergo appropriate privacy 
and civil liberties training that is developed, sup-
ported, or sponsored by the Privacy Officer and the 
Officer for Civil Rights and Civil Liberties in part-
nership with the Privacy and Civil Liberties Over-
sight Board. 
‘‘(3) LIMITATION.—A local or tribal law en-
forcement 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 cen-
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ter. None of the funds provided by the FLEET 
grant program may be used to carry out this para-
graph. 
‘‘(4) 
ELIGIBLE
LAW
ENFORCEMENT
PER-
SONNEL
DEFINED.—For purposes of this section, 
the term ‘eligible law enforcement personnel’ means 
any local or tribal law enforcement officer or intel-
ligence analyst who meets each eligibility require-
ment specified by the Secretary. Such eligibility re-
quirements shall include a requirement that the offi-
cer 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 informa-
tion, as the Secretary, in consultation with the At-
torney General, may prescribe by regulation or 
guidelines. 
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‘‘(2) JOINT APPLICATIONS.—A local or tribal 
law enforcement agency or department may file a 
joint grant application to detail eligible law enforce-
ment personnel to a fusion center. Such application 
shall be— 
‘‘(A) for a single detailed officer or intel-
ligence 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 en-
forcement agencies or departments in the same 
geographic area, who shall be detailed to a fu-
sion 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 
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tribal law enforcement agency or depart-
ment; and 
‘‘(ii) no detailed officer or analyst 
working at a fusion center in a shared de-
tail arrangement shall be required to regu-
larly 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 ap-
plications 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 rep-
resentative of a broad cross-section of local and trib-
al 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 consid-
eration of any assessments of risk by the Depart-
ment 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 
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that a local or tribal law enforcement agency or depart-
ment that is eligible to receive a grant under subsection 
(a) and that demonstrates to the satisfaction of the Sec-
retary, 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 ac-
tivity funded by a grant made to an entity under 
subsection (a) may not exceed 80 percent. 
‘‘(2) EXCEPTION.—The Secretary, in consulta-
tion 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 dem-
onstrate to the satisfaction of the Secretary, in con-
sultation with the Attorney General, that it would be 
a hardship for such entity to satisfy such require-
ment. 
‘‘(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 
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additional year after the first two-year period during 
which the entity receives its initial grant, if— 
‘‘(1) the entity can demonstrate to the satisfac-
tion of the Secretary, in consultation with the Attor-
ney General, significant progress in achieving the 
objectives of the application for the initial grant in-
volved; 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 re-
ceiving such a grant, as determined by the Sec-
retary, in consultation with the Attorney General. 
‘‘(h) REVOCATION OR SUSPENSION OF FUNDING.— 
If the Secretary, in consultation with the Attorney Gen-
eral, determines that a grant recipient under this section 
is not in substantial compliance with the terms and re-
quirements 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 
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to refund the grant funds received under subsection (a) 
that are related to such fraud, waste, or abuse, respec-
tively. 
‘‘(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 de-
scription 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 sub-
mit 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 en-
forcement agencies and departments receiving 
grants. 
‘‘(B) Information on the grant amounts 
awarded to each such agency or department. 
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‘‘(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, includ-
ing— 
‘‘(i) concrete examples of enhanced in-
formation 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 ben-
efit from the detail experience; and 
‘‘(v) an evaluation of how the detail of 
the law enforcement officers and intel-
ligence analysts assists the fusion centers 
in learning more about criminal or ter-
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rorist organizations operating within their 
areas of operation, including a description 
of any homeland security information re-
quirements that were developed, or any 
homeland security information gaps that 
were filled, as a result of the detail ar-
rangement. 
‘‘(E) An analysis of any areas of need, 
with respect to the advancement of homeland 
security, that could be addressed through addi-
tional funding or other legislative action. 
‘‘(j) CUSTOMER SATISFACTION SURVEYS.—The Sec-
retary, in consultation with the Attorney General, shall 
create a mechanism for State, local, and tribal law en-
forcement officers and intelligence analysts who partici-
pate 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 pro-
gram with respect to improving information sharing. The 
results of these voluntary surveys shall be provided elec-
tronically 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 
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appropriate format in the reports described in subsection 
(i). 
‘‘(k) CONTINUATION ASSESSMENT.—Five years after 
the date of the implementation of the FLEET Grant pro-
gram, the Secretary, in consultation with the Attorney 
General, shall submit to the appropriate congressional 
committees a FLEET Grant program continuation assess-
ment. Such continuation assessment shall— 
‘‘(1) recommend whether Congress should con-
tinue to authorize and fund the FLEET Grant pro-
gram (as authorized under this section or with pro-
posed changes), and provide the reasoning for such 
recommendation; and 
‘‘(2) if the Secretary recommends the continu-
ation of the FLEET Grant program— 
‘‘(A) recommend any changes to the pro-
gram which the Secretary, in consultation with 
the Attorney General, has identified as nec-
essary 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 
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for the continuation of the program in future 
fiscal years, including justifications for such 
amounts. 
‘‘(l) GENERAL REGULATORY AUTHORITY.—The Sec-
retary, in consultation with the Attorney General, may 
promulgate regulations and guidelines to carry out this 
section. 
‘‘(m) DEFINITIONS.—For the purposes of this sec-
tion: 
‘‘(1) The term ‘local law enforcement agency or 
department’ means a local municipal police depart-
ment 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 In-
dian 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 
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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 maxi-
mizing the ability of such intelligence center and the 
qualifying agencies participating in such intelligence 
center to provide and produce homeland security in-
formation required to detect, prevent, apprehend, 
and respond to terrorist and criminal activity. For 
purposes of the preceding sentence, qualifying agen-
cies include— 
‘‘(A) State, local, and tribal law enforce-
ment authorities, and homeland and public 
safety agencies; 
‘‘(B) State, local, and tribal entities re-
sponsible for the protection of public health and 
infrastructure; 
‘‘(C) private sector owners of critical infra-
structure, as defined in section 1016(e) of the 
Uniting and Strengthening America by Pro-
viding 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 home-
land security entities; and 
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‘‘(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 (‘‘Depart-
ment’’) . 
(2) Department personnel, including personnel 
from the Bureau of Customs and Border Protection 
(‘‘CBP’’) and U.S. Immigration and Customs En-
forcement (‘‘ICE’’), cannot be everywhere at all 
times to ensure that terrorists, weapons of mass de-
struction, and other related contraband are not 
being smuggled across the border in order to sup-
port attacks against the United States. 
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(3) State, local, and tribal law enforcement per-
sonnel are uniquely situated to help secure the bor-
der areas in their respective jurisdictions by serving 
as ‘‘force multipliers’’. To do so, however, law en-
forcement officers need access to available border in-
telligence 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 de-
struction, 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 en-
forcement partners. It likewise has failed to establish 
a process by which State, local, and tribal law en-
forcement personnel can consistently share with the 
Department information that they obtain that is rel-
evant to border security. 
(5) As a result, State, local, and tribal law en-
forcement personnel serving jurisdictions along the 
northern and southern borders typically depend 
upon personal relationships with CBP and ICE per-
sonnel in their respective jurisdictions to get the in-
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formation they need. While personal relationships 
have helped in some locales, they have not in others. 
This has led to an inconsistent sharing of border in-
telligence 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 Sep-
tember 11, 2001, numerous State, local, and tribal 
authorities responsible for the protection of the pub-
lic and critical infrastructure established fusion cen-
ters 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, 
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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 enforce-
ment officers anticipate that fusion centers will be a 
critical source of border intelligence from the De-
partment. While the Department’s border intel-
ligence products generated in the District of Colum-
bia and disseminated to fusion centers will undoubt-
edly be helpful, a far richer source of border intel-
ligence will likely come from CBP and ICE per-
sonnel working locally in border jurisdictions them-
selves. 
(12) Establishing a CBP and ICE presence at 
border State fusion centers will help ensure the most 
consistent, timely, and relevant flow of border intel-
ligence 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 in-
formation sharing that exists in some, but not all, 
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jurisdictions between CBP, ICE, and State, local, 
and tribal law enforcement. 
SEC. 712. ESTABLISHMENT OF BORDER INTELLIGENCE FU-
SION CENTER PROGRAM. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land 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 PRO-
GRAM. 
‘‘(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 sta-
tioning Bureau of Customs and Border Protection 
and U.S. Immigration and Customs Enforcement of-
ficers 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 intel-
ligence analysts to replace CBP and ICE officers or 
intelligence analysts who are stationed at border 
State fusion centers under this section. 
‘‘(b) PARTICIPATION.— 
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‘‘(1) IN GENERAL.—The Secretary may develop 
qualifying criteria for a border state fusion center’s 
participation in the Border Intelligence Fusion Cen-
ter 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 rel-
evant law enforcement, private sector, open 
source, and national security data, as well as 
the ability to share and analytically exploit such 
data for actionable ends in accordance with all 
applicable laws and regulations. 
‘‘(D) The entity or entities providing finan-
cial support for the center’s funding. 
‘‘(E) Whether the center’s leadership is 
committed to the fusion center’s mission, and 
how the leadership sees the center’s role in ter-
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rorism prevention, mitigation, response, and re-
covery. 
‘‘(c) ASSIGNMENT.—Wherever possible, not fewer 
than one CBP officer or intelligence analyst and one ICE 
officer or intelligence analyst shall be stationed at each 
participating border State fusion center. 
‘‘(d) PREREQUISITE.— 
‘‘(1) PRIOR WORK EXPERIENCE IN AREA.—To 
be stationed at a border State fusion center under 
this section, a CBP or ICE officer shall have served 
as a CBP or ICE officer in the State in which the 
fusion center where such officer shall be stationed is 
located for not less than two years before such as-
signment in order to ensure that such officer is fa-
miliar with the geography and people living in bor-
der communities, as well as the State, local, and 
tribal law enforcement agencies serving those com-
munities. 
‘‘(2) INTELLIGENCE ANALYSIS, PRIVACY, AND 
CIVIL LIBERTIES TRAINING.—Before being stationed 
at a border State fusion center under this section, 
a CBP or ICE officer shall undergo— 
‘‘(A) 
appropriate 
intelligence 
analysis 
training via an intelligence-led policing cur-
riculum that is consistent with the standards 
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100 
and recommendations of the National Criminal 
Intelligence Sharing Plan, the Department of 
Justice and Department Fusion Center Guide-
lines, title 28, part 23, Code of Federal Regula-
tions, as well as any other training prescribed 
by the Under Secretary for Intelligence and 
Analysis; and 
‘‘(B) appropriate privacy and civil liberties 
training that is developed, supported, or spon-
sored by the Privacy Officer and the Officer for 
Civil Rights and Civil Liberties in partnership 
with the Privacy and Civil Liberties Oversight 
Board. 
‘‘(3) EXPEDITED SECURITY CLEARANCE PROC-
ESSING.—The Under Secretary for Intelligence and 
Analysis shall ensure that security clearance proc-
essing is expedited for each CBP and ICE officer or 
intelligence analyst stationed at border State fusion 
centers under this section and shall ensure that such 
officer or analyst has the appropriate clearance to 
conduct the work of the Border Intelligence Fusion 
Center Program. 
‘‘(4) FURTHER
QUALIFICATIONS.—Each CBP 
and ICE officer or intelligence analyst stationed at 
a border State fusion center under this section shall 
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101 
satisfy any other qualifications the Under Secretary 
for Intelligence and Analysis may prescribe. 
‘‘(e) RESPONSIBILITIES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) CREATION
AND
DISSEMINATION
OF 
BORDER INTELLIGENCE PRODUCTS.—CBP and 
ICE officers and intelligence analysts assigned 
to border State fusion centers under this sec-
tion will help State, local, and tribal law en-
forcement in jurisdictions along the northern 
and southern borders, and border State fusion 
center staff, overlay threat and suspicious activ-
ity with Federal homeland security information 
in order to develop a more comprehensive and 
accurate threat picture. Such CBP and ICE of-
ficers and intelligence analysts accordingly shall 
have as their primary mission the review of bor-
der security-relevant information from State, 
local, and tribal law enforcement sources, and 
the creation of border intelligence products de-
rived from such information and other border- 
security relevant information provided by the 
Department, and the dissemination of such 
products to border State, local, and tribal law 
enforcement. CBP and ICE officers or intel-
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102 
ligence analysts assigned to border State fusion 
centers under this section shall also provide 
such products to the Office of Intelligence and 
Analysis of the Department for collection and 
dissemination to other fusion centers in other 
border States. 
‘‘(B) DATABASE ACCESS.—In order to ful-
fill the objectives described in subparagraph 
(A), CBP and ICE officers and intelligence an-
alysts stationed at border State fusion centers 
under this section shall have direct access to all 
relevant databases at their respective agencies. 
‘‘(C) 
CUSTOMER
SATISFACTION
SUR-
VEYS.—The Secretary shall create a mechanism 
for State, local, and tribal law enforcement offi-
cers who are consumers of the intelligence prod-
ucts described in subparagraph (A) to fill out 
an electronic customer satisfaction survey when-
ever they access such a product. The results of 
these voluntary surveys should be provided elec-
tronically to appropriate personnel of the De-
partment. The results of these customer satis-
faction surveys should also be included in an 
appropriate format in the annual status reports 
described in subsection (h)(2)(A). 
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103 
‘‘(2) CULTIVATION OF RELATIONSHIPS.—CBP 
and ICE officers and intelligence analysts stationed 
at border State fusion centers under this section 
shall actively cultivate relationships with State, local, 
and tribal law enforcement personnel in border com-
munities in order to satisfy the mission described in 
paragraph (1), and shall make similar outreach to 
Canadian and Mexican law enforcement authorities 
serving neighboring communities across the northern 
and southern borders. CBP and ICE officers and in-
telligence analysts stationed at border State fusion 
centers under this section may also serve as a con-
duit of border intelligence products from the Depart-
ment itself and shall ensure that such products are 
provided to all appropriate law enforcement agen-
cies, departments, and offices in border States. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require a border State fusion 
center to participate in the Border Intelligence Fusion 
Center Program. 
‘‘(g) REPORTS.— 
‘‘(1) 
DEVELOPMENT
OF
IMPLEMENTATION 
PLAN.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after the date of the enactment of the Im-
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