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**THE FIRST 100 HOURS:**

**Implementing the 9/11 Commission Recommendations**

*January 2007*

**[Background]{.underline}**: During the week of January 8^th^, the
Democrats are planning to bring a bill to the House floor that would
implement some of the 9/11 Commission's recommendations. According to
press reports, the Democrat proposal will jettison three of the
commission's recommendations:

-   **creation of one bi-cameral committee to oversee the intelligence
    community and authorize and appropriate the intelligence community's
    budget** (discussed in recommendation 25 below);

-   **continuing implementation of the REAL ID laws** (discussed in
    recommendation 14 below); and

-   **declassification of the intelligence budget** (discussed in
    recommendation 27).

The RSC staff is currently reviewing the materials released by the
Democrats on implementing the 9/11 Commission Recommendations. Text of a
Democrat bill is not currently available and this document remains
speculative.

In its report, the 9/11 Commission made 41 recommendations to make
America more secure. In December of 2005, the 9/11 Commission issued its
final report card on the government's implementation of the commission's
recommendations. During the 2006 campaign, the Democrats promised, as
part of the first 100 hours agenda in the 110^th^ Congress, a bill to
implement all of the 9/11 Commission recommendations.

The bills considered in the 108^th^ and 109^th^ Congresses may provide a
good indicator of what a Democrat bill may include.

-   The 108^th^ Congress passed [S.
    2845](http://www.house.gov/pence/rsc/doc/LB 12-03-04--9-11 Commission Act Differences.pdf),
    a bill to implement several of the 9/11 Commission's
    recommendations.

-   In the 109^th^ Congress, several bills dealt with 9/11 Commission
    recommendations, including [H.R.
    418](http://www.house.gov/pence/rsc/doc/LB 02-09-05.pdf), [H.R.
    1544](http://www.house.gov/pence/rsc/doc/LB 05-12-05--first responder grants.pdf),
    H.R. 1794, H.R. 4439, H.R. 5017, and [H.R.
    5852](http://www.house.gov/pence/rsc/doc/LB_072506_suspensions.doc).
    None of the listed bills became law. The listed bills may provide
    some indication of what the Democrats plan to do in the 110^th^
    Congress. [H.R.
    4954](http://www.house.gov/pence/rsc/doc/LB_092906_SafePortConfRpt.doc),
    the SAFE Port Act, a bill to improve security screening of cargo
    containers entering the U.S., and the [H.R.
    1268](http://www.house.gov/pence/rsc/doc/FY05 Iraq-Tsunami Supplemental 2.pdf),
    the 2005 Emergency Supplemental Appropriations for Defense, the
    Global War on Terror and Tsunami Relief, which contained provisions
    of the REAL ID Act, were signed into law.

-   H.R. 418, the REAL ID Act, would have imposed minimum standards for
    the issuance of state driver's licenses. The bill passed the House
    on February 10, 2005, but was not signed into law.

-   H.R. 1544 allowed grants to first responders to be distributed first
    to areas at greatest risk of being attacked. The bill passed the
    House on May 12, 2005, but was not signed into law.

-   H.R. 1794 directed the Department of Homeland Security to develop
    and procure improved radio systems for the New York City Fire
    Department.

-   H.R. 4439 reorganized the Transportation Safety Administration.

-   H.R. 5017 would have, in part, reserved the analog television
    spectrum for use by first responders, made homeland security grants
    to first responders distributed based on risk, required fingerprints
    in passports, declassified the intelligence budget, and increased
    efforts to secure nuclear weapons material in the former Soviet
    Union.

-   H.R. 5852 would, in part, create a new Department of Emergency
    Communications within the Department of Homeland Security (DHS), and
    create a new Emergency Communications Preparedness Center. The bill
    passed the House on July 26, 2006, but was never signed into law.

-   H.R. 4954, the SAFE Port Act, provided for the screening of some
    seaborne cargo containers. Not all cargo under the bill would be
    screened. The Democrats specifically listed screening all seaborne
    cargo containers in their Overview Packet on the "100 Hours"
    Legislation. During the debate over the SAFE Port Act, some concerns
    were voiced that if all cargo containers were inspected, commerce
    would grind to a halt.

-   H.R. 1268 was an emergency supplemental appropriations bill for the
    War in Iraq and tsunami relief which contained REAL ID provisions
    which forced minimum standards on the States for the issuance of
    driver's licenses. The emergency supplemental was signed into law on
    May 11, 2005.

Below is a summary of each of the 9/11 Commission's 41 recommendations,
a listing of the grade the 9/11 Commission gave the federal government
in its final report card, a projection of Democrat proposals, and
possible conservative concerns. The summary is arranged to mirror the
final report card's organization.

**Part I: Homeland Security, Emergency Preparedness and Response**

**Emergency Preparedness and Response**

***1. Radio spectrum reservation for first responders***

**[9/11 Commission Final Report Card Grade]{.underline}:** F

**[Possible Democrat proposals]{.underline}:** Disallow analog
television broadcasters from using the 700 megahertz spectrum and
reserve the band for use by first responders.

**[Discussion]{.underline}:** The 9/11 Commission's report stated that
first responders on 9/11 had difficulties communicating with each other
because the frequencies they currently use are not strong enough. By
switching first responders from their current frequencies, to the
frequencies used by analog television, emergency personnel should be
able to communicate at greater distances.

(source: <http://www.govexec.com/dailyfed/0106/011306nj1.htm>)

Repeatedly, provisions requiring broadcasters to abandon the spectrum
have been stripped from bills, including the FY06 budget reconciliation
bill.

**[Possible Conservative Concerns]{.underline}:** Improved
communications may be vital in the next emergency situation. However,
many consumers are going to be forced to spend more on digital
televisions or converters once the band is restricted to first responder
use.

***2. Unified Incident Command System***

**[9/11 Commission Final Report Card Grade]{.underline}:** C

**[Possible Democrat proposals]{.underline}:** Remove indemnification
and liability impediments to multi-jurisdictional assistance compacts,
and require training on existing compacts.

**[Discussion]{.underline}:** According to the 9/11 Commission's report,
the disincentive to first responders in aiding nearby jurisdictions is a
lack of indemnification, and the difficulties in implementing the
provisions of any assistance compact. Hence, the Commission's
recommendation that Congress require training on such mutual assistance
compacts where they exist.

The final report card from the 9/11 Commission admitted that there is
some awareness and some training in unified incident command, but the
response to Hurricane Katrina demonstrated the absence, in some areas,
of a unified command, and the costs associated with such an absence.

**[Possible Conservative Concerns]{.underline}:** Some conservatives may
be concerned about the federal government requiring training on
compacts, to which the federal government is not a party.

***3. Risk-based allocation of Homeland Security funds***

**[9/11 Commission Final Report Card Grade]{.underline}:** F

**[Possible Democrat proposals]{.underline}:** Amend statutory authority
for the Department of Homeland Security to ensure that funds are used
wisely, and in areas vulnerable, at risk, and have grave consequences
from a successful attack.

**[Discussion]{.underline}:** The 9/11 Commission recommended that all
Department of Homeland Security grants for emergency preparedness be
distributed on a risk basis. In the 109^th^ Congress, on three
occasions, the House attempted to change funding formulas, however some
senators have opposed these attempts on the basis that a risk-based
formula is anti-rural, and their states currently enjoy the funding
allocations. The Democrats claim their 100 hour agenda has bi-partisan
support, but it also has bi-partisan opposition.

(source: <http://www.govexec.com/dailyfed/0106/011306nj1.htm>)

**[Possible Conservative Concerns]{.underline}:** If Congress is going
to give grants to states and localities for first response preparedness,
and grants actually improve preparedness, it makes sense to ensure that
the targets that are most susceptible to attack are the best prepared.
The Heritage Foundation has made a similar argument.

(source: <http://www.heritage.org/Research/HomelandDefense/wm935.cfm>)

***4. Risk and vulnerability assessment of critical infrastructure***

**[9/11 Commission Final Report Card Grade]{.underline}:** D

**[Possible Democrat proposals]{.underline}:** Set a date certain for
the Department of Homeland Security (DHS) and the Transportation Safety
Administration (TSA) to assess the vulnerability of America's
infrastructure, and set priorities in spending to protect those assets.

**[Discussion]{.underline}:** According to the 9/11 Commission's final
report card, while a National Infrastructure Protection Plan was made in
November 2005, no vulnerability assessments have been made, nor
priorities set.

***5. Private Sector Preparedness***

**[9/11 Commission Final Report Card Grade]{.underline}:** C

**[Possible Democrat proposals]{.underline}:** Direct DHS to intensify
its encouragement of businesses to voluntarily accept the National
Standard of Preparedness promulgated by the American National Standards
Institute (ANSI), and codify the National Standard of Preparedness as
the legal duty of care for employers in terms of tort liability to
employees.

**[Discussion]{.underline}:** The 9/11 Commission's report claims that
DHS encouraging employers to adopt ANSI's standard is appropriate
because the private sector owns 85% of critical infrastructure. The
report states, "private-sector preparedness is not a luxury; it is a
cost of doing business in the post-9/11 world."

**Transportation Security**

***6. National Strategy for transportation security***

**[9/11 Commission Final Report Card Grade]{.underline}:** C-

**[Possible Democrat proposals]{.underline}:** Direct DHS to add enough
detail to its National Strategy for Transportation Security to make it
an effective management tool.

**[Discussion]{.underline}:** The recommendation is discussed in only a
superficial manner in both the report and the final report card.

***7. Improve of airline passenger pre-screening***

**[9/11 Commission Final Report Card Grade]{.underline}:** F

**[Possible Democrat proposals]{.underline}:** Increase funding for, or
fully fund, the Federal Bureau of Investigation's (FBI) Terrorist
Screening Center; and direct the intelligence community to share
information with the center.

**[Discussion]{.underline}:** The 9/11 commission recommended that the
U.S. set up a passenger screening system that prevents terrorists, whose
names appear on a consolidated watch list, from boarding a passenger
airliner. The FBI's Terrorist Screening Center can access various
terrorist watch lists, but reportedly, the Justice Department\'s
inspector general has stated, "the center maintains incomplete and
inaccurate lists; uses poor technology; and is plagued by personnel
turnovers, owing at least in part to understaffing and poor working
conditions." Apparently, within the intelligence community, there is
resistance to sharing information between agencies.

(source: <http://www.govexec.com/dailyfed/0106/011306nj1.htm>)

***8. Improve airline screening checkpoints for explosive detection***

**[9/11 Commission Final Report Card Grade]{.underline}:** C

**[Possible Democrat proposals]{.underline}:** Direct the TSA to require
that all individuals selected for special screenings be screened for
explosives. Direct the TSA to conduct a human factors study to
understand problems in screener performance. Direct the TSA to set
obtainable objectives for screeners. Require each passenger airliner
carrying cargo to carry one hardened container for suspect cargo.
Provide funding for installation of explosives detection trace portals
at more commercial airports.

**[Discussion]{.underline}:** The 9/11 Commission report states,
"because the aviation industry will derive substantial benefits from
this deployment, it should pay a fair share of the costs."

**[Possible Conservative Concerns]{.underline}:** Some conservatives may
be concerned with forcing the airline industry to absorb the costs from
hardened containers at a time when the airline industry is struggling.
For example, Delta Air Lines, Inc. is currently in bankruptcy and filed
a bankruptcy plan in mid-December of 2006.

(source:
<http://www.iht.com/articles/ap/2006/12/19/business/NA_FIN_US_Delta_Bankruptcy.php>)

***9. Improve screening for checked bags and cargo***

**[9/11 Commission Final Report Card Grade]{.underline}:** D

**[Possible Democrat proposals]{.underline}:** Increase funding for
implementation of "in-line" screening of cargo and passenger checked
bags.

**[Discussion]{.underline}:** The 9/11 Commission recommended increased
funding of an "in-line" explosives screening system that would scan
checked bags on a conveyor system in a faster manner than the current
system. Currently, all passenger checked bags are scanned for
explosives. An in-line system would speed up the process.

One of the few 9/11 Commission recommendations that received mention in
the Democrats' "A New Direction for America, 100 Hours: Implementing
9/11 Commission Recommendations" document is the recommendation to scan
air cargo. Reportedly, the technology to [efficiently]{.underline}
inspect all cargo, as opposed to passenger checked baggage, simply
doesn't exist.

(source: <http://www.govexec.com/dailyfed/0106/011306nj1.htm>)

**[Possible Conservative Concerns]{.underline}:** Critics of installing
the in-line system claim at every airport note that it would cost tens
of billions of dollars and take years. According to some, scanning all
cargo using existing technology would injuriously slow commerce.

(source: <http://www.govexec.com/dailyfed/0106/011306nj1.htm>)

**Border Security**

***10. Improve terrorist travel strategy***

**[9/11 Commission Final Report Card Grade]{.underline}:** ? (the final
report card gave an incomplete, but the strategy is now finished)

**[Possible Democrat proposals]{.underline}:** Increase funding for
better technology to detect fake travel documents carried by terrorists.
Increase funding for training front-line personnel to detect fake travel
documents and the indicators that a traveler may be a terrorist. Deploy
the equipment and trained personnel at consulates, primary border
inspection lines, immigration services offices, intelligence units, and
enforcement units. Increase funding for DHS' Directorate of Information
Analysis mission as liaison between the federal counterterrorism
community and frontline border agencies.

**[Discussion]{.underline}:** The 9/11 Commission's report suggests that
defining patterns in the travel habits of terrorists and detecting fake
identification documents would help secure our borders from entry by
terrorists. S. 2845 (P.L. 108-458) required the development of a
Terrorist Travel Strategy by December 17, 2005. The National
Counterterrorism Center issued the National Strategy to Combat Terrorist
Travel on May 2, 2006.

(source:
<http://www.nctc.gov/docs/u_terrorist_travel_book_may2_2006.pdf>)

While the strategy may be complete, a strategy alone does not implement
the 9/11 Commission's recommendations. Despite the existence of a
strategy, the Democrats could propose increased funding for further
study of terrorist travel patterns, fake document detection, and
personal screening of those seeking entry to the U.S.

**[Possible Conservative Concerns]{.underline}:** Some conservatives may
have concerns about adding new funding without offsets.

***11. Implement a comprehensive screening system***

**[9/11 Commission Final Report Card Grade]{.underline}:** C

**[Possible Democrat proposals]{.underline}:** Direct DHS' Screening
Coordination office to implement a uniform screening system that can
function while using different credential forms that contain different
biometric information and identification standards. Direct all agencies
with screening projects to conform to a uniform system. Direct the U.S.
to work with foreign nations to conform to a uniform system of
identifying information on travel documents.

***12. Implement a biometric entry-exit screening system***

**[9/11 Commission Final Report Card Grade]{.underline}:** B

**[Possible Democrat proposals]{.underline}:** Require the installation
of the United States Visitor and Immigrant Status Indicator Technology
(US-VISIT) system at all airports, seaports, and land borders. Direct
that all US-VISIT systems are interoperable. Require universal
deployment of the exit component of the US-VISIT system. Eliminate the
exception for Americans, Mexicans, and Canadians to the requirement to
carry biometric passports. Allow daily commuters to pre-enroll in an
identification verification program for more efficient passage through
screening. Direct the consolidation of the multiplicity of frequent
traveler programs into the US-VISIT system. Direct the scattered
screening and data mining units at DHS and the State Department to work
together to form a government-wide team.

**[Discussion]{.underline}:** The 9/11 Commission report stated that the
US-Visit system may not be fully installed by 2010 and admitted
installation of the system would be expensive.

**[Possible Conservative Concerns]{.underline}:** Some conservatives may
be concerned about the cost of such a system without offsets.

***13. Improve international collaboration on borders and document
security***

**[9/11 Commission Final Report Card Grade]{.underline}:** D

**[Possible Democrat proposals]{.underline}:** Provide foreign aid to
those countries seeking to include fingerprint information in addition
to digital photos on travel documents. Direct the federal government to
exert influence in the International Civil Aviation Organization (ICAO)
to improve the passport standard. Require sharing information on
terrorists with trusted allies.

**[Discussion]{.underline}:** The final report card of the 9/11
Commission stated that Interpol had collaborated with the U.S., but few
other nations or organizations have cooperated as much. The 9/11
Commission's report stated that international passport standards are
created by consensus in the ICAO.

**[Possible Conservative Concerns]{.underline}:** Some conservatives
have been critical of foreign aid and may be concerned with increasing
such spending without offsets.

***14. Standardize secure identifications***

**[9/11 Commission Final Report Card Grade]{.underline}:** B-

**[Possible Democrat proposals]{.underline}:** Direct DHS to promulgate
regulations for standardizing birth certificates. Increase funding for
state compliance with REAL ID provisions.

Reportedly, the Democrats may push back, "deadlines for the
implementation of national standards for driver\'s licenses."

(source:
<http://www.upi.com/SecurityTerrorism/view.php?StoryID=20061212-115333-2207r>)

**[Discussion]{.underline}:** The 2005 Emergency Supplemental
Appropriations for Defense, the Global War on Terror and Tsunami Relief
contained provisions of the REAL ID Act (H.R. 410). Under current law,
REAL IDs would have to be used starting May 2008. It has taken DHS a
year and a half to issue regulations for implementing the REAL ID
system.

According to CNN, "more than 600 organizations have expressed concern
over the REAL ID Act." States may have to pay from \$80 million to \$100
million to comply with the REAL ID Act provisions. CNN also noted,
"it\'s very possible that such data will be sold to commercial entities:
Some states already allow driver\'s license data to be sold to third
parties." The news agency noted that once every state's database is
linked, "access to the all-state database may turn out to be a bonanza
for identity thieves." CNN states that the radio frequency
identification (RFID) chips installed in such IDs will allow the federal
government to track every individual's movement.

(source: <http://www.cnn.com/2005/LAW/08/12/ramasastry.ids/index.html>)

A December 16, 2006, Information Week article reported that Senators
Akaka and Sununu have threatened to repeal the provisions of the REAL ID
Act if privacy protections are not extended to citizens and the costs
are not lowered. Akaka has noted that sharing information between
agencies would potentially allow millions of people to access personal
information. Additionally, there are no safeguards preventing the
private sector from scanning the information off of REAL IDs and selling
the information to third parties.

(source:
<http://www.informationweek.com/news/showArticle.jhtml?articleID=196604402>)

**[Possible Conservative Concerns]{.underline}:** Some conservatives
have expressed concerns over the driver's license provisions---that they
amount to a *de facto* national ID card and place

excessive burdens on the states.

**Part II: Reforming the Institutions of Government**

**The Intelligence Community**

***15. Congressional Oversight of the Director of National Intelligence
(DNI)***

**[9/11 Commission Final Report Card Grade]{.underline}:** B

**[Possible Democrat proposals]{.underline}:** Increase detail in
reports to Congress.

**[Discussion]{.underline}:** The DNI is the head of the intelligence
community.

(source: <http://www.dni.gov/aboutODNI/who.htm>)

***16. More funding for National Counterterrorism Center (NCTC)***

**[9/11 Commission Final Report Card Grade]{.underline}:** B

**[Possible Democrat proposals]{.underline}:** Increase NCTC's role, and
allow the NCTC more input into setting budgets. Increase the NCTC's
budget.

**[Discussion]{.underline}:** While the final 9/11 report card claimed
that the NCTC lacked sufficient resources or personnel to fulfill its
role, a recent BBC article stated that the NCTC had five teams working
twelve-hour shifts so that the NCTC has staff working every hour of
every day of the year.

(source: <http://news.bbc.co.uk/2/hi/americas/6210090.stm>)

***17. Re-create the FBI as a national security workforce***

**[9/11 Commission Final Report Card Grade]{.underline}:** C

**[Possible Democrat proposals]{.underline}:** Require monthly reports
from the FBI on the progress in developing the FBI's national security
workforce.

**[Discussion]{.underline}:** Largely, the 9/11 Commission's final
report card criticized the FBI for a lack of speed on implementing the
recommendation.

***18. Accelerate the pace of reforms at the CIA***

**[Grade]{.underline}:** Incomplete

**[Possible Democrat proposals]{.underline}:** Require monthly reports
on the progress of the Commission's recommendations. Increase funding in
order to achieve the recommendation. Require the Comptroller General
report annually on the CIA's progress.

**[Discussion]{.underline}:** The 9/11 Commission's report recommended
that the CIA Director rebuild the CIA's analytical capabilities, rebuild
its human intelligence capabilities, strengthen its language program,
recruit operations officers that can blend more easily in foreign
cities, ensure a seamless relationship between human source collection
and signals collection at the operational level, and achieve a better
balance between unilateral and liaison operations. The final report card
of the 9/11 Commission criticized the lack of speed of reforms at the
CIA.

***19. Increase funding for the office of the program manager for
information sharing and improve information sharing between the federal
government and state and local offices***

**[9/11 Commission Final Report Card Grade]{.underline}:** D

**[Possible Democrat proposals]{.underline}:** Require monthly reports
by OMB, in consultation with the DNI, on the progress of the development
of incentives for the sharing of information between the federal
government and local authorities. Increase funding and staff for the
program manager.

**[Discussion]{.underline}:** The final report card of the 9/11
Commission stated that, "the office of the program manager for
information sharing is still a start-up, and is not getting the support
it needs from the highest levels of government. There remain many
complaints about lack of information sharing between federal authorities
and state and local level officials."

The President has issued executive orders instructing other agencies and
departments to cooperate with the coordinating office. Dr. James
Carafano of the Heritage Foundation has argued that any information
sharing effort needs to come from a strong central authority like OMB.
(source: <http://www.govexec.com/dailyfed/0106/011306nj1.htm>)

On November 22, 2006, the program manager issued a set of privacy
guidelines with respect to information sharing, and the President
notified all department and agency heads of his approval of the
guidelines. Now that the guidelines have been issued, it is unknown what
the 9/11 Commission would have given the government as a grade on this
recommendation.

***20. Government promotion of intelligence sharing***

**[9/11 Commission Final Report Card Grade]{.underline}:** D

**[Possible Democrat proposals]{.underline}:** Require monthly reports
by OMB, in consultation with the DNI, on the President's progress in
working with agencies to develop a "trusted information network."
Require the Comptroller General to deliver annual reports on the level
of presidential leadership and resources.

**[Discussion]{.underline}:** The final report card of the 9/11
Commission stated that agencies, "need resources, active presidential
backing, policies, and procedures in place that compel sharing, and
systems of performance evaluation that appraise personnel on how they
carry out information-sharing."

***21. Improve homeland airspace defense***

**[9/11 Commission Final Report Card Grade]{.underline}:** B-

**[Possible Democrat proposals]{.underline}:** Direct the creation of a
single agency to lead the interagency response to airspace violations.
Require the development of an overarching plan to secure airspace
outside the National Capitol region. Require DHS and the Department of
Defense (DoD) to certify monthly that the federal government is making
progress implementing the recommendations on homeland and airspace
defense. Assign the Comptroller General responsibility for monitoring
implementation. Require DoD to make semi-annual assessments specifically
reviewing Northern Command's plans and devise strategies for dealing
with all military and paramilitary threats within the United States.

**Civil Liberties and Executive Power**

***22. Improve the balance between security and civil liberties***

**[9/11 Commission Final Report Card Grade]{.underline}:** B

**[Possible Democrat proposals]{.underline}:** Require monthly reports
by the Attorney General on the progress of balancing civil liberties
with security.

***23. Create a Privacy and Civil Liberties Oversight Board***

**[9/11 Commission Final Report Card Grade]{.underline}:** D

**[Possible Democrat proposals]{.underline}:** Expand the powers of the
Privacy and Civil Liberties Oversight Board. Increase the funding for
the board. Make the board an independent office in the Executive Branch.
Define the qualifications for board membership. Require all members of
the board to be confirmed by the Senate. Set the term of service on the
board to six years. Grant the board subpoena power. Require at least one
civil liberties officer in each relevant agency.

**[Discussion]{.underline}:** The 9/11 Commission recommended increased
funding, naming a staff, outlining a work plan, and establishing an
office for the Privacy and Civil Liberties Oversight Board.

According to the Oversight Board's website, the Privacy and Civil
Liberties Oversight Board advises the executive branch, "to ensure that
concerns with respect to privacy and civil liberties are appropriately
considered in the implementation of all laws, regulations, and executive
branch policies related to efforts to protect the Nation against
terrorism." In addition, the Board is responsible for, "reviewing the
terrorism information sharing practices of executive branch departments
and agencies to determine whether guidelines designed to appropriately
protect privacy and civil liberties."

***24. Create privacy guidelines for government sharing of personal
information***

**[9/11 Commission Final Report Card Grade]{.underline}:** D

**[Possible Democrat proposals]{.underline}:** Require monthly reports
by the Attorney General on federal safeguards of private information.

**[Discussion]{.underline}:** Since the 9/11 Commission published its
recommendations, DNI has named a Civil Liberties Protection Officer.

**Congressional and Administrative Reform**

***25. Implement intelligence oversight reform***

**[9/11 Commission Final Report Card Grade]{.underline}:** D

**[Possible Democrat proposals]{.underline}:** Create a panel to study
the 9/11 Commission's recommendation and make further recommendations.

**[Discussion]{.underline}:** The 9/11 Commission recommended the
creation of one joint, bicameral intelligence committee with the power
to authorize and appropriate funding for intelligence activities. While
the Senate passed a resolution to create an Intelligence Subcommittee to
the Senate Appropriations Committee, the House took no similar action.

(source: <http://www.govexec.com/dailyfed/0106/011306nj1.htm>)

Despite the Democrats' campaign promises that they would introduce a
bill that would implement all of the 9/11 Commission's recommendations,
Democrats may reject the recommendation to create a joint, bicameral
intelligence committee. Rather, the Democrats have indicated they will
propose another panel to propose more recommendations on the issue.

(source:
<http://www.washingtonpost.com/wp-dyn/content/article/2006/11/29/AR2006112901317_2.html>,
Congress Daily PM, 12/15/06)

***26. Create exclusive jurisdiction over all counterterrorism functions
of DHS in the House and Senate Committees***

**[9/11 Commission Final Report Card Grade]{.underline}:** B

**[Possible Democrat proposals]{.underline}:** According to a recent
Congress Daily article, "the package will not include a reorganization
of congressional oversight of the Homeland Security Department."

**[Discussion]{.underline}:** Congressmen Chris Shays (R-CT) and Carolyn
Maloney (D-NY) introduced a bill in the 109^th^ Congress that would have
granted the exclusive oversight to the House Homeland Security
Committee. Rep. Steve King, in a recent Congress Daily article, "said
the Homeland Security Committee still does not have exclusive
jurisdiction over DHS. 'This could be enacted immediately by a simple
rule change, and there is absolutely no excuse that it not be done'."

***27. Declassify the overall intelligence budget***

**[9/11 Commission Final Report Card Grade]{.underline}:** F

**[Possible Democrat proposals]{.underline}:** According to press
reports, the package will not include an attempt to declassify the
intelligence budget.

(source:
<http://www.govexec.com/story_page.cfm?articleid=35713&dcn=todaysnews>.)

**[Discussion]{.underline}:** The 9/11 Commission contends that as long
as the intelligence community's budget remains classified, and remains
within the Department of Defense, congressional oversight will be weak.
Both House Leadership and the Bush Administration opposed this
recommendation in the 108^th^ Congress when the Senate attached such a
proposal to 2004 legislation overhauling the intelligence community.

(source: <http://www.govexec.com/dailyfed/0106/011306nj1.htm>)

***28. Implement OMB's plan to standardize security clearances***

**[9/11 Commission Final Report Card Grade]{.underline}:** B

**[Possible Democrat proposals]{.underline}:** Require monthly reports
to Congress on the standardization of the security clearance process.

**[Discussion]{.underline}:** The 9/11 Commission's final report card
stated that in November 2005, OMB issued a plan to improve the security
clearance process for senior national security personnel.

**Part III: Foreign Policy, Public Diplomacy, and Nonproliferation**

**Nonproliferation**

***29. Maximize efforts by the U.S. to secure WMD***

**[9/11 Commission Final Report Card Grade]{.underline}:** D

**[Possible Democrat proposals]{.underline}:** Authorize increased
funding for the Cooperative Threat Reduction Program. Establish an
Office of Nonproliferation Programs in the President's office. Remove
certain restrictions on U.S. government-funded cooperative threat
reduction and other nonproliferation programs.

**[Discussion]{.underline}:** The final report card of the 9/11
Commission claims that securing WMD is not the top national security
priority of the executive or legislative branches. The 9/11 Commission
report recommended the U.S. work with the international community to
develop an international legal regime with global jurisdiction so that
any government may capture, interdict, and prosecute WMD smugglers. The
Commission recommended that the Proliferation Security Initiative be
expanded to non-NATO countries like Russia and China so that member
nations may use their military, economic, and diplomatic tools to
interdict WMD shipment. Additionally, the report recommended that the
U.S. increase funding, improve, and expand the Cooperative Threat
Reduction Program (a.k.a. Nunn-Lugar) in order to secure "loose" weapons
and materials in the former Soviet republics that may end up in the
hands of terrorists.

According to press reports, since the invasion of Iraq, the
administration is, "focused on interdicting suspected weapons shipments
at sea, breaking up black markets, and stopping North Korea and Iran
from developing big stores of nuclear weapons." Apparently, 50 tons of
nuclear material are housed in the former Soviet Union, and at the
current rate of \$1 billion per year, the material would be secured in
2020.

(source: <http://www.govexec.com/dailyfed/0106/011306nj1.htm>)

**Foreign Policy**

***30. Commit to a long-term economic plan in Afghanistan***

**[9/11 Commission Final Report Card Grade]{.underline}:** B

**[Possible Democrat proposals]{.underline}:** Earmark foreign aid funds
for Afghanistan to help establish economic infrastructure, and an
effective army, police, and border security force. Require monthly
reports by the President on progress towards achieving these goals.
Direct the GAO to evaluate the President's report 30 days after it had
been presented. Provide funds to allow inter-agency cooperation in
funding local projects in Afghanistan.

**[Discussion]{.underline}:** The 9/11 Commission recommended that the
U.S. disarm militias in Afghanistan and curtail warlord rule. The report
stated that some desire enough foreign aid to Afghanistan to build an
Afghan national army, and extend infrastructure and public services to
major towns. The report stated that several nations making commitments
of aid to Afghanistan have yet to follow through.

The report was critical of the U.S. presence in Afghanistan as too
military-oriented.

***31. Support Pakistan against extremists***

**[9/11 Commission Final Report Card Grade]{.underline}:** C+

**[Possible Democrat proposals]{.underline}:** Earmark foreign aid funds
to Pakistan for improving education. Require a report from the State
Department outlining progress in addressing the problem of terrorist
training camps in Pakistan. Direct the State Department to pressure
Pakistan to clamp down on Taliban-linked madrassas, terrorist training
camps, and prevent Taliban forces from operating freely across the
Pakistan-Afghanistan border.

***32. Support reform in Saudi Arabia***

**[9/11 Commission Final Report Card Grade]{.underline}:** D

**[Possible Democrat proposals]{.underline}:** Require monthly reports
on Saudi Arabia's efforts to cut off terrorist funding streams. Direct
the State Department to pressure the Saudi government to make political
and economic reforms.

**[Discussion]{.underline}:** The 9/11 Commission gave the U.S. a D
because no results had developed from fledgling U.S.-Saudi strategic
dialogue. The Commission's report recommended merely a mutual commitment
to political and economic reform. The report listed suppression of
women, limited educational opportunities, and an autocratic government
as obstacles to be overcome.

***33. Identify and prioritize terrorist sanctuaries***

**[9/11 Commission Final Report Card Grade]{.underline}:** B

**[Possible Democrat proposals]{.underline}:** Direct the NCTC to submit
a report identifying terrorist sanctuaries and develop a comprehensive
strategy to eliminate them. Require monthly progress reports from NCTC.

***34. Create a contact group of leading governments to coordinate a
coalition counterterrorism strategy***

**[9/11 Commission Final Report Card Grade]{.underline}:** C

**[Possible Democrat proposals]{.underline}:** Direct the State
Department to create a group, comprised of coalition members, to devise
a unified set of anti-terrorism policies. Require monthly reports from
the State Department regarding progress made in creating a multinational
group to unify counter-terror strategy and policies.

**[Discussion]{.underline}:** The Commission's report states that,
"every aspect of U.S. counterterrorism strategy relies on international
cooperation." The report recommends that the coalition of nations we
work with on counterterrorism efforts should develop a unified strategy.

***35. Coalition standards for terrorist detention***

**[9/11 Commission Final Report Card Grade]{.underline}:** F

**[Possible Democrat proposals]{.underline}:** Require monthly progress
reports from the Attorney General on the development of coalition
standards, based on Article 3 of the Geneva Conventions, for the
detention and humane treatment of terror suspects.

**[Discussion]{.underline}:** The Military Commissions Act (S. 3930) was
signed into law on October 17, 2006, ten months after the 9/11
Commission's final report card. It is unknown how the passage of the Act
would change the grade. While S. 3930 does not establish a coalition
standard for detention, it sets the U.S. standard for trial of terror
suspects.

***36. Increase trade agreements and economic reform in the Middle
East***

**[9/11 Commission Final Report Card Grade]{.underline}:** B+

**[Possible Democrat proposals]{.underline}:** Require monthly reports
by the State Department, in consultation with U.S. Trade
Representatives, on the progress of the development of a U.S. economic
strategy that will help stop the spread of radical Islam.

**[Discussion]{.underline}:** The 9/11 Commission lauded the addition of
Saudi Arabia to the World Trade Organization, and the codification of
the free trade agreement with Bahrain. In 2006, the Oman free trade
agreement was codified.

***37. Reinvigorate anti-terrorist financing efforts***

**[9/11 Commission Final Report Card Grade]{.underline}:** A-

**[Possible Democrat proposals]{.underline}:** Direct the President to
end the turf battles between the State Department and the Treasury in
the effort to combat the financing of terror. Direct the President to
declare a leader in the executive branch on the effort to disrupt the
financing of terrorism.

**[Discussion]{.underline}:** The 9/11 Commission's report stated that
the U.S.'s initial efforts to freeze assets linked to terror failed to
withstand legal challenges. However, the Commission noted that the
information about assets lead to good intelligence on how terrorists
finance their endeavors, and who are the financiers of terror.
Additionally, the Commission noted that merely designating an
organization as a fundraiser for terror had a chilling effect on
fundraising.

**Public Diplomacy**

***38. Define the U.S. message***

**[9/11 Commission Final Report Card Grade]{.underline}:** C

**[Possible Democrat proposals]{.underline}:** Unknown.

**[Discussion]{.underline}:** The 9/11 Commission noted that if we do
not define ourselves, our enemies will define us. The Commission stated
that the message to the Islamic world should be that America is a moral
leader in the world, that the U.S. treats people humanely, that America
respects the rule of law, and that the U.S. is generous and caring to
our neighbors, and that we should stress individual education and
economic opportunity.

***39. Increase broadcasting to the Arab and Muslim world***

**[9/11 Commission Final Report Card Grade]{.underline}:** B

**[Possible Democrat proposals]{.underline}:** Increase funding to the
Broadcasting Board of Governors. Require Radio Sawa and the television
station Alhurra to report to Congress on the effect their programming
and submit budgetary requests.

**[Discussion]{.underline}:** The Broadcasting Board of Governors is an,
"independent federal agency responsible for all U.S. government and
government sponsored, non-military, international broadcasting." The
Board runs Radio Sawa and Alhurra. While not all of the Muslim world may
be reached by Radio Sawa and Alhurra television, the audience is
growing.

Alhurra is a satellite television channel in Arabic, "for the Middle
East devoted primarily to news and information. In addition to reporting
on regional and international events, the channel broadcasts discussion
programs."

Radio Sawa is a 24-hour, seven-day-a-week Arabic-language radio network.
It broadcasts a mix of Western and Arabic pop music along with
up-to-the-minute news, news analysis, interviews, opinion pieces, and
features on a wide variety of political and social issues. Radio Sawa is
broadcast across the region, using a combination of AM and FM
transmitters, digital audio satellite, short wave and Internet. Radio
Sawa will ultimately have six streams tailored to specific parts of the
Arabic-speaking world.

(source: <http://www.bbg.gov/bbg_aboutus.cfm>)

***40. Increase Scholarship, exchange, and library programs to the
Middle East***

**[9/11 Commission Final Report Card Grade]{.underline}:** D

**[Possible Democrat proposals]{.underline}:** Require the State
Department to submit monthly reports on the progress on the expansion of
U.S. scholarships, exchange programs, and library programs in the
Islamic world. Increase the number of student visas issued to Islamic
countries. Increase funding for scholarships to Muslim students.
Increase funding for libraries in the Islamic world to keep them open.

**[Discussion]{.underline}:** The State Department conducts educational
exchange programs, and it offers scholarship assistance to foreign
students. Reportedly, the federal government, "operates libraries and
information centers in foreign countries, where people can read material
about the United States and get texts that might not be available in
their own country\'s libraries."

(source: <http://www.govexec.com/dailyfed/0106/011306nj1.htm>)

***41. Integrate secular education programs into a broader
counterterrorism strategy***

**[9/11 Commission Final Report Card Grade]{.underline}:** D

**[Possible Democrat proposals]{.underline}:** Require the integration
of secular education programs into a comprehensive counterterrorism
strategy. Direct the development of a strategy for education assistance.
For instance, the Ensuring Implementation of the 9/11 Commission Report
Act called for \$50 million per year for the International Youth
Opportunity Fund.

**[Discussion]{.underline}:** The Middle East Partnership Initiative and
USAID already provide education assistance. The 9/11 Commission's final
report card notes that Congress has authorized an International Youth
Opportunity Fund, but it has not been funded.

**[RSC Staff Contact]{.underline}:** Marcus Kelley,
<marcus.kelley@mail.house.gov>, (202) 226-9717