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# Legislative Bulletin..............................................January 9, 2007

**Contents:**

**H.R. 1**---Implementing the 9/11 Commission Recommendations Act

H.R. 1---Implementing the 9/11 Commission Recommendations Act---*as
introduced* (*Thompson, D-MS*)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, January 9^th^, pursuant to H.Res. 6, a rule that
the House passed last week closing the bill to amendments, waiving all
points of order against the bill and its consideration, deeming the
previous question as ordered, providing for three total hours of debate,
and providing for one motion to recommit (commit). (Note: H.Res. 6 was
the resolution changing House Rules for the 110^th^ Congress. It also
provided for the consideration of several portions of the Democrats'
100-Hour Agenda.) **In other words, this bill will come to the floor
under a closed rule and without the applicability of any of the new
House rules that the Democrats have implemented.**

**[Comparison with 9/11 Commission Recommendations]{.underline}**: The
Democrats have not addressed all of the 9/11 Commission's remaining
recommendations. Below are some of the major discrepancies between the
Democrat bill and the Commission's recommendations.

The Commission recommended creating a bicameral intelligence oversight
committee with the power to authorize and appropriate funding for the
intelligence community.

-   H.R. 1 creates no such committee.

The 9/11 Commission's final report card from December 2005 recommended
declassifying the intelligence budget.

-   H.R. 1 contains no provisions for making the intelligence budget
    public.

The Commission recommended moving the date forward from 2009 to 2007
when the analog television spectrum would become reserved for first
responders.

-   Rather than move the date forward, this bill would create a new
    grant program to buy communications equipment for first responders.
    The grant program is engendered not by a specific recommendation of
    the 9/11 Commission, but rather a statement in the 9/11 Commission's
    report that Port Authority Police had trouble communicating with
    other first responders during the September 11^th^ attacks on the
    World Trade Center.

H.R. 1 gives collective bargaining rights to all TSA personnel.

-   Giving TSA employees collective bargaining rights was
    [not]{.underline} a recommendation of the 9/11 Commission.

The Commission recommended requiring passenger airliners to carry
hardened containers for suspect cargo.

-   The legislation contains no hardened containers requirement.

The Commission recommended that Congress take a leadership role in
passport security.

-   H.R. 1 merely demands that reports be submitted to Congress
    detailing the multi-lateral efforts to share information on terror
    suspects and strengthen the security of travel documents.

**[Summary by Title]{.underline}**: H.R. 1 would implement a variety of
homeland security recommendations put forth by the National Commission
on Terrorist Attacks Upon the United States ("The 9/11 Commission"), an
independent, bipartisan commission created by Congress and the President
in late 2002, chartered to analyze the circumstances surrounding the
September 11, 2001 terrorist attacks and to make recommendations
designed to guard against future attacks. Highlights of the legislation,
by title, are as follows:

***[Title I: Risk-Based Allocation of Homeland Security
Grants]{.underline}***

-   Includes portions of former Rep. Chris Cox's H.R. 1544, the Faster
    and Smarter Funding for First Responders Act of 2005. Highlights of
    the included portions of H.R. 1544 (which never became law) are as
    follows in the next 15 bullet-points:

-   Alters the distribution of existing federal homeland security grants
    to first responders based more on the vulnerability of, and threats
    to, different areas, rather than on a geographic equity model. The
    grant distribution would also be based on the consequences to the
    nation if such an area or target were attacked.

-   Excludes certain grant funds to which this legislation would not
    apply, including (but not limited to) earthquake hazards reduction,
    veterans, and certain disaster relief.

-   Requires that states submit acceptable (as detailed in the
    legislation) three-year homeland security plans as part of their
    applications for receiving federal first responder grant funds. The
    plans would have to, among other things, describe in detail the
    essential capabilities that communities within the state should
    possess, or to which they should have access, based upon the
    terrorism risk factors relevant to such communities.

-   States could apply together as a region (subject to certain
    conditions), and Indian tribes could apply, but only via the states
    within the boundaries of which any part of an applying tribe is
    located*.* No more than 20 tribes could receive direct grants per
    year, though states could use their own grants in their tribal
    areas, subject to certain restrictions.

-   The DHS Secretary would evaluate grant applications based upon the
    degree to which they would lessen the threat to, vulnerability of,
    and consequences for persons (including transient commuting and
    tourist populations) and critical infrastructure, based on DHS' most
    current risk assessment of the terrorist threats against the United
    States---and in consultation with the National Advisory Council, the
    Federal Emergency Management Agency (FEMA), the U.S. Fire
    Administrator, and various DHS departments.

-   Identifies critical infrastructure sectors as (in no particular
    order):

> \--agriculture and food;
>
> \--banking and finance;
>
> \--chemical industries;
>
> \--the defense industrial base;
>
> \--emergency services;
>
> \--energy;
>
> \--government facilities;
>
> \--postal and shipping;
>
> \--public health and health care;
>
> \--information technology;
>
> \--telecommunications;
>
> \--transportation systems;
>
> \--water;
>
> \--dams;
>
> \--commercial facilities; and
>
> \--national monuments and icons.
>
> []{.mark}

-   Identifies the main threats to critical infrastructure as (in no
    particular order):

> \--biological threats;
>
> \--nuclear threats;
>
> \--radiological threats;
>
> \--incendiary threats;
>
> \--chemical threats;
>
> \--explosives;
>
> \--suicide bombers;
>
> \--cyber threats; and
>
> \--any other threats based on proximity to specific past acts of
> terrorism or the
>
> known activity of any terrorist group.

-   Sets the minimum funding level for each state that submits an
    approved homeland security plan (other than the territories) at
    0.25% of the total funds available for these grants in any fiscal
    year (0.45% for states that have an international border). Regional
    grants would not count toward a state's minimum.

-   Sets the minimum funding level for each U.S. territory and Indian
    tribe that submits an approved homeland security plan at 0.08% of
    the total funds available for these grants in any fiscal year.

-   Specifies in detail what the first responder grant funds could be
    used for (updating equipment, conducting training exercises,
    erecting barriers, hiring personnel, etc.) and prohibits funds from
    being used to supplant state or local funds (including any
    cost-sharing requirements), to construct buildings or other physical
    facilities, or to acquire land.

-   Allows state and local governments to use homeland security grant
    funds in a manner that also enhances first responder preparedness
    for emergencies and disasters unrelated to acts of terrorism, as
    long as such use assists such governments in achieving essential
    capabilities for terrorism preparedness established by DHS.

-   Prohibits DHS from requiring that equipment paid for, wholly or in
    part, with funds provided under this legislation be made available
    for responding to emergencies in surrounding states, regions, or
    localities, unless DHS pays for the costs directly attributable to
    transporting and operating such equipment during such response.

-   Allows DHS to approve grantees to transfer funds from one approved
    homeland security use to another homeland security use, regardless
    of what was originally written in the state plan for the use of
    funds.

-   Requires states to pass through 80% of funds to local governments
    and other local groups within 45 days of receiving federal grant
    funds (subject to penalties, such as funding restrictions and
    terminations, for failure to do so; yet also subject to 15-day
    extensions).

-   Sets at 75% the federal cost share of activities supported by these
    grants beginning in two years (100% before then). The federal cost
    share could go as high as 77% for states, tribes, and regions that
    submit quarterly reports on grant expenditures.

```{=html}
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-   To access the RSC Legislative Bulletin for H.R. 1544, visit this
    webpage:
    [http://www.house.gov/pence/rsc/doc/LB%2005-12-05\--first%20responder%20grants.pdf](http://www.house.gov/pence/rsc/doc/LB 05-12-05--first responder grants.pdf).

[]{.mark}

***[Title II: Ensuring Communications Interoperability for First
Responders]{.underline}***

[]{.mark}

-   Requires the DHS' Office of Grants and Training to coordinate with
    the Director of Emergency Communications to **establish the Improve
    Communications for Emergency Response (ICER) Grant Program** to
    improve emergency communications among state, regional, national,
    and in some instances, along the international border communities.

-   Authorizes the new program at "such sums as may be necessary"
    indefinitely.

-   Outlines the available use of the ICER grants for planning, design
    and engineering, training and exercises, technical assistance, and
    other emergency communication activities deemed appropriate by the
    Secretary.

***[Title III: Strengthening Use of a Unified Incident Command During
Emergencies]{.underline}***

-   Increases certain requirements for the National Incident Management
    System (NIMS) and the Incident Command System (ICS).

-   Requires that the National Exercise Program include practical
    exercises that reinforce unified responses.

-   Requires FEMA's regional administrators to assist state, local, and
    tribal governments in pre-identifying and evaluating sites where a
    multi-jurisdictional unified command system could be quickly
    established in the event of a terrorist attack or a natural
    disaster.

***[Title IV: Strengthening Aviation Security]{.underline}***

-   Directs DHS to issue, within thirty days of this bill's enactment, a
    cost-sharing study required under the Intelligence Reform and
    Terrorism Prevention Act of 2004 that will provide creative
    financing solutions to promote greater deployment of in-line
    explosive detection systems.

-   Directs DHS to provide analysis of the study, including a list of
    provisions DHS supports and a schedule to implement them.

-   Extends the authorization, from FY2007 to FY2011, for the
    Transportation Security Administration (TSA) to issue letters of
    intent, grants, or other funding vehicles to airports to help
    support in-line baggage screening (for explosives) projects and
    removes the \$125 million cap on the level of support that TSA can
    give airports for such purposes.

-   **Creates a Checkpoint Screening Security Fund** to support the
    research, development, and deployment of explosives detection
    checkpoint technologies, to be funded at **\$250 million in FY2008**
    from the revenues collected from the passenger ticket fees.

[]{.mark}

-   Directs DHS to issue, within seven days of this bill's enactment, a
    strategic plan for the deployment of explosive detection equipment
    at checkpoints that is overdue under the Intelligence Reform and
    Terrorism Prevention Act of 2004.

-   Reauthorizes, from FY2008 to FY2011, the Aviation Security Capital
    Fund, to ensure that TSA can continue to collect aviation security
    fees on tickets purchased by the flying public. Earmarks \$250
    million a year over those four years for explosives detection
    equipment and training.

-   Directs DHS to implement a system (within there years of this bill's
    enactment) to inspect 100% of cargo carried on passenger aircraft.
    The measure directs DHS to develop a phased-in approach so that by
    the end of fiscal year 2007, 35% of cargo carried on passenger
    aircraft is inspected, 65% by the end of fiscal year 2008; and 100%
    of cargo is inspected by the end of fiscal year 2009.

-   Directs DHS to **create the Office of Appeals and Redress** to
    establish and administer a "timely and fair" process for airline
    passengers who believe they have been delayed or prohibited from
    boarding a flight because they have been misidentified against the
    "No Fly" or "Selectee" watch-lists.

-   **Gives all TSA employees (including screeners) collective
    bargaining rights and whistleblower rights. Such rights had been
    explicitly prohibited in the original law creating the TSA.**

[]{.mark}

-   Directs DHS to submit a plan with milestones to test and implement a
    system to pre-screen passengers against the automatic selectee and
    no-fly lists.  The plan is due 90 days after enactment of the Act
    and must (1) describe the system; (2) provide a projected timeline
    for each phase of testing and implementation of the system; (3)
    offer an explanation of how the system integrates with the
    prescreening system for passenger on international flights; and (4)
    include a description of how the system complies with the Privacy
    Act.

***[Title V: Strengthening the Security of Cargo
Containers]{.underline}***

-   Requires that all cargo containers be scanned overseas using the
    best-available technology, including scanning for radiation and
    density, before they are loaded onto a ship destined for the United
    States.

-   Scans would be reviewed by American security personnel before the
    container is loaded, and as technology becomes available, containers
    would be sealed with a device that would sound an alarm when
    tampered with and would notify U.S. officials of a breach before the
    container enters the Exclusive Economic Zone of the United States.

-   Directs DHS to establish standards for scanning and sealing
    equipment.

[]{.mark}

-   Authorizes "such sums as may be necessary" to carry out this new
    requirement for fiscal years 2008 through 2013.

-   Applies the above new requirement to containers loaded at ports in
    countries in which more than 75,000 twenty-foot equivalent units of
    containers were loaded on vessels bound or the U.S. in 2005,
    beginning three years after enactment of this bill. The new
    requirement would apply to all other containers beginning five years
    after enactment. Each deadline would be subject to a one-year
    extension.

***[Title VI: Strengthening Efforts to Prevent Terrorist
Travel]{.underline}***

-   Directs the Assistant Secretary of Immigration and Customs
    Enforcement (ICE) to provide administrative and operational support
    to stem human smuggling, human trafficking, and terrorism travel.
    Not fewer than thirty full-time-equivalents (FTEs) could be hired
    and detailed accordingly to support this expanded mission.

-   Directs the DHS Secretary, within a week of enactment of this bill,
    to submit to Congress the overdue plan to accelerate the full
    implementation of an automated biometric entry and exit data system.

***[Title VII: Improving Intelligence and Information Sharing with Local
Law Enforcement and First Responders]{.underline}***

-   Authorizes such sums as may be necessary for each of fiscal years
    2008 through 2013 in support of the Fusion and Law Enforcement
    Education and Teaming (FLEET) Grant Program, which helps state,
    local, and tribal law enforcement participate in state and local
    fusion centers (which bring together local law enforcement with
    criminal intelligence officers at various levels of government).

-   A FLEET grant could only pay for up to 80% of a covered activity
    (subject to waiver), and all law enforcement personnel detailed to a
    fusion center under FLEET would have to undergo privacy and civil
    liberties training.

-   The FLEET program would have to undergo periodic assessments.

-   Authorizes such sums as may be necessary for each of fiscal years
    2008 through 2013 in support of a **new Border Intelligence Fusion
    Center Program**, which would help state, local, and tribal law
    enforcement participate in state and local fusion centers (which
    bring together local law enforcement with border intelligence
    officers at various levels of government). Requires DHS to deploy
    Customs and Border Protection (CBP) and Immigration and Customs
    Enforcement (ICE) officers to border state fusion centers in order
    to generate border-related intelligence products that are relevant
    to the policing communities in those states. This provision also
    provides for intelligence analysis, privacy, civil liberties
    training, as well as periodic program assessments.

-   Directs the Under Secretary for Intelligence and Analysis to
    implement an advisory system to relay advisories and alerts (as
    detailed in the legislation) to the public regarding threats to the
    homeland. The Under Secretary could **[not]{.underline}** use color
    designations as the exclusive means for warning the public of
    potential threat conditions.

-   Directs DHS to integrate the various intelligence components of the
    Department into a Departmental Information Sharing Environment (ISE)
    to be administered by the Under Secretary for Intelligence and
    Analysis. To support the development of the ISE, the bill:

> \--requires the Secretary to appoint "Information Sharing and
> Knowledge Management Officers" for each intelligence component;
>
> \--establishes processes for the review of information provided by
> state, local, tribal, and private sector sources and related feedback
> mechanisms; and
>
> \--**establishes a training program** for DHS employees so they can
> better understand what "homeland security information" is, how they
> can identify it as part of their day-to-day work, and how it is
> relevant to the Office of Intelligence and Analysis.

-   Directs the Under Secretary for Intelligence and Analysis to connect
    all DHS databases to each other to promote internal
    information-sharing.

-   Directs the Secretary to coordinate the Department's information
    sharing efforts with regional information fusion centers. This
    initiative would have to be reviewed for its impact on privacy and
    civil liberties concerns.

-   **Creates a program** by which state, local, and tribal law
    enforcement agencies can nominate officers as fellows to work
    alongside intelligence analysts in DHS to improve information
    sharing. Fellows could receive "reasonable" (undefined) stipends.
    The Secretary would have to address any privacy or civil liberties
    concerns about the program raised by both the Department's Privacy
    Officer and Officer for Civil Rights and Civil Liberties *before*
    the program can begin.

-   Makes a variety of DHS reorganizational changes, including
    redesignating the Directorate for Information Analysis and
    Infrastructure Protection (IAIP) within the Homeland Security Act of
    2002 as Intelligence and Analysis and redesignating the "Under
    Secretary for Information Analysis and Infrastructure Protection" as
    the "Under Secretary for Intelligence and Analysis." Certain
    responsibilities in these areas would be shuffled.

-   Establishes the Assistant Secretary for Infrastructure Protection to
    head the new Office of Infrastructure Protection and lists five key
    responsibilities for this new Assistant Secretary, including: 1)
    conducting assessments of key resource and critical infrastructure
    vulnerabilities; 2) identifying priorities for DHS protective and
    support measures; 3) developing a comprehensive national plan for
    securing key resources and critical infrastructure; 4) recommending
    protective measures for key resources and critical infrastructure;
    and 5) coordinating with the Undersecretary for Intelligence and
    Analysis and DHS' homeland security partners.

***[Title VIII: Protecting Privacy and Civil Liberties While Effectively
Fighting Terrorism]{.underline}***

-   Removes the existing five-member Privacy and Civil Liberties
    Oversight Board from the Executive Office of the President and makes
    it an independent agency.

-   Requires every Board member to be confirmed by the U.S. Senate.
    There could never be more than three members of the Board that are
    members of the same political party and those individuals who are
    not of the same political party as the President can only be
    appointed after the President has consulted with the leadership of
    the nominee's party. Members of the Board cannot serve as an elected
    official or an employee of the Federal Government, other than in the
    capacity as a Board member during their tenure of service.

-   Gives the Board subpoena powers that will be enforced by the U.S.
    District Court in the judicial district where the subpoenaed person
    resides. Requires the Board to file at least two publicly available
    reports (with classified annexes, if necessary) per year to
    Congress.

-   Increases the power of the DHS privacy officer by giving him the
    power to:

> \--access any records necessary to fulfill the obligations of the
> office;
>
> \--undertake any appropriate privacy investigation;
>
> \--subpoena documents from the private sector;
>
> \--obtain sworn testimony; and
>
> \--take the same action that DHS' Inspector General can take in order
> to obtain answers to questions and responsive documents in the course
> of an investigation.

***[Title IX: Improving Critical Infrastructure Security]{.underline}***

[]{.mark}

-   Directs the Secretary to provide annual comprehensive reports on
    vulnerability assessments for all critical infrastructure sectors.

-   Directs DHS to **maintain two new databases** addressing critical
    infrastructure: the National Asset Database and the National At-Risk
    Database (which would be a part of the first database). The first
    database would track critical infrastructure nationwide, while the
    second database would track the nation's critical infrastructure
    most at-risk of a terrorist attack. The Secretary would have to
    annually update both databases and remove assets and resources that
    are not verifiable or do not comply with the database requirements.

***[Title X: Transportation Security Planning and Information
Sharing]{.underline}***

-   Requires the **establishment of a Strategic Transportation Security
    Information Sharing Plan** to ensure the development of tactical and
    strategic intelligence products related to transportation security
    for dissemination to public and private stakeholders. The plan would
    have to include a description of how TSA intelligence analysts are
    coordinating their activities with other federal, state, and local
    analysts.

    -   Requires DHS to conduct an annual survey on the stakeholder
        satisfaction concerning the transportation security intelligence
        reports issued by the Department.

    -   Directs DHS to complete security plans respectively for
        aviation, bridge and tunnel, commuter rail and ferry, highway,
        maritime, pipeline, rail, mass transit, over-the-road bus, and
        other public transportation assets and provide a periodic
        progress report (as detailed in the legislation).

***[Title XI: Private Sector Preparedness]{.underline}***

-   **Establishes a program to enhance private sector preparedness and
    response** to terrorism and other emergencies and disasters.

-   The program would focus on establishing, and encouraging the use of,
    voluntary consensus standards in a variety of areas.

***[Title XII: Preventing Weapons of Mass Destruction Proliferation and
Terrorism]{.underline}***

-   Repeals conditions on assistance to Russia and the former Soviet
    Union for the prevention of the proliferation of weapons of mass
    destruction (WMD) and eliminates the limits on the use of such funds
    outside the former Soviet Union.

-   Instructs the Secretary of State and the Secretary of Defense to
    submit defined annual budgets for the Proliferation Security
    Initiative (PSI), beginning with submissions for fiscal year 2009.
    Encourages the President to "strive to expand and strengthen" the
    PSI to further prohibit the spread of WMD.

-   Authorizes the President to provide certain types of foreign
    military assistance to countries that cooperate with the U.S. and
    its allies to achieve PSI goals and requires the President to notify
    Congress 30 days before transferring any ship or aircraft with
    military applications to any country that does not support U.S.
    interdiction efforts.

-   Authorizes such additional appropriations as may be necessary for
    fiscal year 2007 for the Cooperative Threat Reduction (CTR) Program
    (aimed at nuclear nonproliferation in the former Soviet Union),
    particularly for biological weapons proliferation prevention;
    chemical weapons destruction at Shchuch'ye; and to "accelerate and
    strengthen" all Cooperative Threat Reduction programs.

-   Authorizes such additional appropriations as may be necessary for
    fiscal year 2007 for the Department of Energy National Nuclear
    Security Administration to "accelerate and strengthen":

> \--the Global Threat Reduction Initiative;
>
> \--the Nonproliferation and International Security Program;
>
> \--the International Materials Protection, Control, and Accounting
> Program; and
>
> \--the Research and Development program.

-   **Establishes the U.S. Coordinator for the Prevention of Weapons of
    Mass Destruction Proliferation and Terrorism** within the Executive
    Office of the President. The Coordinator's duties would include
    serving as the advisor to the President on all matters relating to
    the prevention of WMD proliferation and terrorism; formulating a
    comprehensive and well-coordinated U.S. strategy and policies;
    leading interagency coordination; conducting oversight and
    evaluation; and overseeing the development of a comprehensive and
    coordinated budget and carrying out other budgetary authorities.

-   A Deputy Coordinator would also be established, and both would be
    subject to Senate confirmation.

-   Directs the President to **create a new nine-member Commission on
    the Prevention of Weapons of Mass Destruction Proliferation and
    Terrorism**, which would be a bipartisan commission of experts to
    assess current activities and programs to prevent WMD proliferation
    and terrorism, and to provide a clear and comprehensive strategy and
    concrete recommendations for these activities and programs. The
    commission would have to produce a final report and then disband 60
    days afterward.

***[Title XIII: Nuclear Black Market Counter-Terrorism
Act]{.underline}***

-   Mandates that the President impose sanctions on any foreign person
    who transfers nuclear enrichment technology to any non-nuclear
    weapon state that does not possess such technology as of January 1,
    2004 and does not have in force an Additional Protocol with the
    International Atomic Energy Agency (IAEA) for nonproliferation; or
    is already developing nuclear weapons; or who provides items
    controlled by the Nuclear Suppliers Group that contributes to the
    development of a nuclear weapon by a non-nuclear weapon state or any
    foreign person. Sanctions (which should be for not less than two
    years) could include prohibiting foreign assistance to such person,
    prohibiting the export of defense articles, defense services, or
    dual-use items (other than food or medicine), and prohibiting
    contracts. Sanctions may be waived if the President certifies to
    Congress that such waiver is "important to the national security
    interests of the United States" and would further the purposes of
    this title.

-   Instructs the President to direct U.S. officials and agencies to
    persuade foreign governments and relevant corporations not to enter
    into any business transaction with foreign persons who engage in the
    nuclear transfer activities described above.

-   Stipulates that U.S. assistance should only be provided to countries
    that are not cooperating with countries, foreign groups, or
    individuals who are engaged in, planning, or assisting any
    international terrorist group in the development of nuclear weapons
    or the means to deliver them, are taking all necessary measures to
    prevent their nationals or persons under their control from
    participating in such cooperation, and are fully cooperating with
    the U.S. in its efforts to eliminate nuclear black-market networks.

-   Requires an annual report that identifies any country in which
    activities of the nuclear black market network that supplied Libya,
    Iran, and North Korea occurred and any country in which such
    activities occur in the future. The bill also requires that the
    President submit information as to whether such countries are fully
    cooperating with the U.S., including providing access to individuals
    involved in such networks.

-   Instructs the President to prohibit exports or other activities
    under the Arms Export Control Act to any country hosting nuclear
    proliferation activities, unless the President certifies that such
    country is fully investigating the nuclear black market networks
    described above, is taking effective steps to halt such activities,
    and is fully cooperating with the U.S. and other appropriate
    international organization in investigations regarding such
    networks. These prohibitions may be waived if the President
    certifies to Congress that such waiver is "important to the national
    security interests of the United States" and at least five days have
    passed since making such certification.

[]{.mark}

***[Title XIV: 9/11 Commission International
Implementation]{.underline}***

-   States that it is U.S. policy to work toward the goal of
    dramatically increasing the availability of modern basic education
    through public schools in Arab and predominantly Muslim countries,
    join with other countries in supporting the International Arab and
    Muslim Youth Opportunity Fund (see below), offer additional
    incentives to increase the availability of basic education in Arab
    and predominantly Muslim countries, and work to prevent financing of
    education institutions that support radical Islamic fundamentalism.

-   **Establishes an International Arab and Muslim Youth Opportunity
    Fund** to strengthen the public educational systems in Arab and
    predominantly Muslim countries. The Fund, authorized at "such sums"
    for fiscal years 2008 through 2010, could either be a separate fund
    in the U.S. Treasury or exist through an international organization
    or international financial institution.

-   Directs the Secretary of State to prepare an annual report on the
    efforts of Arab and predominantly Muslim countries to increase the
    availability of modern basic education and to close educational
    institutions that promote religious extremism and terrorism and
    provides the requirements for the annual report.

-   Extends the program for FY2007 and FY2008 to provide grants to
    American-sponsored schools in Arab and predominantly Muslim
    countries to provide scholarships and removes the program's "pilot"
    status (thereby making it permanent).

-   States that it is U.S. policy to promote, in the short and
    long-term: "democracy, the rule of law, good governance, sustainable
    development, a vigorous civil society, political freedom, protection
    of minorities, independent media, women's rights, private sector
    growth, and open economic systems in the countries of the Middle
    East, Central Asia, South Asia, and Southeast Asia." The Secretary
    of State would also be directed to prepare a report with a
    country-by-country five-year strategy to promote this U.S. policy,
    including an estimate of the funds necessary.

-   Authorizes the Secretary of State to **designate an appropriate
    private, non-profit United States organization as the Middle East
    Foundation** and to provide it funding through the State
    Department's Middle East Partnership Initiative. The Foundation,
    which would remain a private entity, would **award grants** to
    people located in the Middle East or working with local partners
    based in the region to carry out projects that support the
    pro-democracy purposes above. The Foundation and funds disbursed
    would be subject to annual, independent, private audits, as well as
    audits by the Government Accountability Office.

-   Amends the United States International Broadcasting Act of 1994 to
    establish special authority for surge capacity (i.e. additional
    financial and technical resources) for U.S. international
    broadcasting activities to support U.S. foreign policy objectives
    during a crisis abroad, and authorizes such sums to carry out the
    surge capacity authority (so long as total surge capacity spending
    dos not exceed \$25 million).

-   Authorizes such sums as may be necessary for FY2008 for U.S.
    broadcasting activities, including broadcasting capital
    improvements.

-   Directs the Secretary of State to certify that the 9/11 Commission's
    recommendations for expanding U.S. scholarship, exchange, and
    library programs in Arab and predominantly Muslim countries have
    been met (or what steps are being made to ensure they are met).

-   Directs the Secretary of State to certify that the 9/11 Commission's
    recommendations for maintaining a consistent an humane policy toward
    detained terrorists have been met (or what steps are being made to
    ensure they are met).

-   States that it is U.S. policy to maintain its long-term commitment
    to Afghanistan by increased assistance and the continued deployment
    of United States troops in Afghanistan. Authorizes such sums as may
    be necessary for fiscal years 2008 and 2009 for the acquisition of
    emergency energy resources, including diesel fuel, to secure the
    deliver of electricity to major cities and provinces in Afghanistan.

-   States that it is U.S. policy to work with the Government of
    Pakistan to combat international terrorism, to end the use of
    Pakistan as a safe haven for forces associated with the Taliban, to
    establish a long-term strategic partnership with Pakistan, to
    "dramatically" increase funding for programs of the U.S. Agency for
    International Development and the Department of State, and to work
    with the international community to secure additional financial and
    political support to assist the Government of Pakistan in building a
    moderate, democratic state. Prohibits the provision of U.S. security
    assistance to Pakistan until the President certifies that the
    Government of Pakistan is making all possible efforts to prevent the
    Taliban from operating in areas under its sovereign control (subject
    to national security waiver authority). Authorizes such sums as may
    be necessary for assistance for Pakistan in various accounts, and
    extends waivers of foreign assistance restrictions with respect to
    Pakistan through the end of FY2008.

**[Additional Background]{.underline}**: To access the website of the
9-11 Commission, visit this website: <http://www.9-11commission.gov/>.

**[Committee Action]{.underline}**: On January 5, 2007, the bill was
referred to eight House committees, none of which took official public
action.

**[Possible Conservative Concerns]{.underline}**: Conservatives might be
concerned by provisions giving TSA employees collective bargaining
rights, that the authorizations throughout the bill are all "such sums,"
and at the creation of a variety of new offices and programs in a
Department that many observers already claim is bloated.

**[Cost to Taxpayers]{.underline}**: A CBO cost estimate of the billions
of dollars of authorizations in this legislation is unavailable.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill would create a variety of new
programs, offices, and authorities.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: A CBO analysis of the mandates
in this legislation is unavailable. There are a variety of mandates,
mostly involving cargo and container inspections.

**[Constitutional Authority]{.underline}**: Although a committee report
citing constitutional authority is unavailable, Article I, Section 8,
Clause 1 grants Congress the power to provide for the common defense and
general welfare of the United States.

**[RSC Staff Contacts]{.underline}**:

Paul S. Teller, <paul.teller@mail.house.gov>, (202) 226-9718

Marcus Kelley, <marcus.kelley@mail.house.gov>, (202) 226-9717
(comparison with Commission recommendations)